CHAP.
I.
Of
Dominion
and
Property
in
generall
,
and
of
the
causes
changing
the
same
by
Ships
of
War
.
-
I.
Of
Dominion
in
the
primitive
state
of
Man
.
-
II.
That
such
a
Dominion
universal
might
have
continued
.
-
III.
Of
the
causes
or
change
of
the
same
into
Dominion
peculiar
,
or
Property
.
-
IV.
Of
things
excepted
tacitly
by
the
Law
of
Dominion
.
-
V.
Of
Property
where
the
same
may
be
changed
against
the
owner
.
-
VI.
Of
War
,
when
accounted
by
the
Laws
of
England
.
-
VII
.
Of
Forraign
War
,
and
of
things
justly
acquired
therein
,
whether
Ships
or
Merchandize
.
-
VIII
.
Of
Restitution
,
where
the
same
by
Law
may
be
made
of
Ships
or
Merchandize
acquired
in
War
.
-
IX
.
Of
Restitution
ex
gratia
,
made
by
the
Souveraign
,
of
him
whose
Ships
are
lost
,
and
regain'd
afterwards
in
Battle
by
Ships
of
War
;
and
of
the
like
by
Princes
or
Republiques
in
amity
.
-
X.
Of
the
Assaulting
an
Enemy
in
the
Ports
or
Havens
of
a
Nation
Neuter
,
whether
lawful
by
the
Laws
of
Nations
.
-
XI
.
Of
Protection
given
to
the
Ships
of
the
Enemies
being
in
Port
before
,
&
remaining
after
War
denonnc't
.
-
XII
.
Of
the
Goods
of
Friends
found
in
the
Ships
of
Enemies
,
and
of
those
of
Enemies
found
aboard
the
Ships
of
Friends
.
-
XIII
.
Of
the
destroying
of
the
Ships
of
Enemies
in
general
.
-
XIV
.
Of
interpellation
and
denunciation
,
whether
necessary
.
XV.
Of
the
Goods
of
Friends
that
supplyeth
an
Enemy
,
whether
capable
of
being
made
prize
.
I.
NO
sooner
had
the
Eternal
Power
created
Man
,
but
he
bestowed
on
him
a
right
over
the
things
of
this
inferiour
Nature
;
nor
was
his
goodness
lessened
upon
the
reparation
of
the
World
,
after
the
Flood
,
(
all
things
being
then
undivided
and
common
to
Justin.
lib.
43.
all
,
as
if
all
had
one
Patrimony
)
since
every
Man
might
then
take
to
his
use
what
he
pleased
,
and
make
consumption
of
what
he
thought
good
in
his
own
eyes
;
which
use
of
the
universal
right
was
then
instead
of
A
Theater
is
common
,
yet
the
place
possessed
by
any
one
,
may
be
rightly
called
his
own
.
Property
,
for
what
any
one
had
so
taken
,
another
could
not
without
injury
take
away
from
him
.
II.
Nor
was
it
impossible
for
that
state
to
have
continued
,
if
Men
through
great
simplicity
,
or
mutual
charity
had
lived
together
,
and
this
is
instant
in
those
Americans
,
who
through
many
Ages
have
lived
in
that
community
and
custom
,
and
the
other
of
Charity
,
which
the
Essens
of
old
practised
,
and
then
the
Christians
,
who
were
first
at
Hierusalem
,
and
at
this
day
not
a
few
that
lead
an
assetick
life
;
the
simplicity
of
our
first
Parents
was
demonstrated
by
their
nakedness
,
there
being
in
them
rather
an
ignorance
of
vice
,
then
a
knowledge
of
Virtue
,
their
only
business
being
Justin.
lib.
2.
ut
de
Scythis
loquitur
Trogus
.
the
Worship
of
God
,
living
easily
on
those
things
,
which
the
Earth
of
her
own
accord
brought
forth
without
labour
.
III.
Yet
in
this
simple
and
innocent
way
of
life
,
all
Primum
inter
Homines
mali
nescia
,
&
adhuc
astutiae
inexperta
simplicitas
.
Men
persisted
not
,
but
some
apply'd
their
minds
to
various
Arts
;
the
most
antient
of
which
was
Agriculture
and
Pasture
,
appearing
in
the
first
Brothers
,
not
without
some
distribution
of
Estates
,
and
then
from
the
diversity
of
each
Man's
actions
,
arose
Emulation
,
and
then
slaughter
!
;
and
at
length
,
when
the
Good
were
infected
with
the
bad
,
a
Gigantick
kind
of
life
,
that
is
violent
;
but
the
World
being
washed
by
the
Flood
,
instead
of
that
fierce
life
,
succeeded
Seneca
Naturalium
3.
in
fine
.
the
desire
of
Pleasure
,
whereunto
Wine
was
subservient
;
and
thence
arose
unlawful
Loves
,
but
by
that
more
generous
vice
Ambition
,
Concord
was
chiefly
broken
,
after
which
Men
parted
asunder
,
and
severally
possess'd
several
parts
of
the
Earth
;
yet
afterwards
,
there
remain'd
amongst
Neighbors
a
communion
not
of
Cattle
,
but
of
Pastures
,
because
in
the
small
number
of
Men
,
so
great
was
the
latitude
of
Land
,
that
without
any
incommodity
it
might
suffice
to
the
uses
of
many
,
untill
the
number
of
Men
,
so
of
Cattle
increased
,
Lands
every
where
began
to
be
Ne
insignare
quidem
aut
partire
limite
camp
.
fas
erat
.
divided
,
not
among
Nations
as
before
,
but
among
Families
;
an
instance
of
which
we
have
hourly
before
our
eyes
in
those
vast
immensities
that
are
daily
appropriating
and
a
planting
in
America
,
from
hence
we
learn
what
was
the
cause
for
which
Men
departed
from
the
Primitive
communion
of
things
,
first
of
movables
,
and
then
of
immovables
also
;
to
wit
,
because
when
not
content
to
feed
upon
that
which
of
it self
,
and
the
Earth
singly
brought
forth
,
to
dwell
in
Caves
,
to
go
naked
,
●…or
clad
with
rinds
of
trees
,
or
skins
of
Beasts
;
they
had
chosen
a
more
exquisite
kind
of
life
,
there
was
need
of
Industry
,
and
using
of
Art
in
those
matters
,
which
they
should
give
themselves
up
to
;
so
likewise
from
hence
we
learn
,
that
Men
not
content
to
live
in
that
innocent
state
of
community
,
how
things
went
into
Property
,
not
only
by
theact
of
the
mind
(
for
they
could
not
know
the
thoughts
of
one
another
,
what
every
one
would
have
to
be
his
own
,
that
they
might
abstain
from
Grotius
de
Mari
libero
cap
15.
it
,
and
many
might
desire
the
same
thing
)
but
by
a
certain
Copenant
,
either
express
as
by
division
,
or
tacit
as
by
occupation
;
for
so
soon
as
Communion
did
not
please
them
,
and
division
was
not
made
,
it
ought
to
be
supposed
an
agreement
amongst
all
,
that
every
one
should
have
proper
to
him self
what
he
seized
on
,
[
](A51124-e4260-b)†
†
Cic.
Offis
.
〈◊〉
.
Addendum
illud
Quintiliani
;
Si
haec
conditio
est
,
ut
quicquid
in
usum
hominis
cessit
,
proprium
sit
habentis
,
profecto
quicquid
jure
possidetur
,
injuri●…
aufertur
.
Ma●…
erobius
Saturn
.
lib.
3.
c.
12.
for
every
one
might
prefer
himself
before
another
,
in
getting
those
things
useful
for
the
accommodating
of
Humane
life
,
Nature
not
being
repugnant
to
the
same
.
IV.
And
though
Property
may
seem
to
have
swallow'd
up
all
that
right
which
arose
from
the
common
State
of
things
,
yet
that
is
not
so
;
for
in
the
Law
of
Dominion
,
extream
necessity
seems
excepted
.
Hence
it
is
that
in
Navigation
,
if
at
any
time
Victuals
fail
,
what
every
one
hath
,
ought
to
be
brought
forth
for
the
common
use
:
and
so
in
a
Fire
,
I
may
pull
down
or
blow
up
my
Neighbors
House
,
to
save
mine
;
destroy
the
Suburbs
,
to
raise
Lines
or
Forts
,
Leg.
2.
§.
cum
in
eadem
D.
ad
.
Leg.
Rhodani
.
Quo
non
fragm.
§.
Quod
ait
.
D.
incend
.
Leg.
Quemadmodum
§.
item
.
D.
ad
.
l.
Aquilam
.
12
,
Ed.
3.
tit
.
distress
.
170.
11.
H.
7.
5.
Reniger
&
Fogassas
,
Plowden
c.
1.
to
the
10.
Coke
3
Inst.
sol.
83.
to
preserve
the
City
thereby
;
dig
in
any
Mans
Grounds
for
Salt-Peter
,
cut
in
pieces
the
Tackling
or
Nets
upon
which
my
Ship
is
driven
,
if
it
cannot
be
disintangled
by
other
means
,
all
which
are
not
introduced
neither
by
the
Civil
Law
,
nor
the
Municipal
Laws
of
Countrys
,
but
are
expounded
by
them
,
with
their
proper
diversities
.
V.
Nor
is
Property
so
far
instated
in
Man
,
but
the
same
Bald
,
lib.
3.
de
rerum
diversorum
,
seems
to
have
been
of
opinion
,
that
by
the
Laws
of
Nations
one
may
take
Armes
to
abate
the
growing
power
of
his
Neighbors
.
Sed
ut
vim
pati
posse
ad
vim
inferendam
jus
tribuat
ab
omni
equitatis
ratione
abhorret
:
But
that
a
possibility
of
suffering
force
,
should
give
a
right
of
offering
of
force
,
this
is
far
from
all
equity
,
says
the
excellent
Grotius
lib.
2.
cap.
1.
sest.
27.
Sir
Walter
Raleigh
in
Hist.
of
the
Word
cap.
of
Duels
so
.
550.
may
again
be
devested
by
such
means
as
stand
with
the
Law
of
Nature
and
Nations
;
and
first
by
War
,
the
causes
of
which
are
assigned
to
be
three
,
Defence
,
Recovery
and
Revenge
.
But
then
such
War
must
be
just
,
and
he
that
undertakes
it
must
be
a
Soveraign
;
the
just
causes
to
make
a
War
are
our
Princes
,
or
Countreys
defence
,
and
that
of
our
Allies
,
the
satisfaction
of
our
injuries
,
or
theirs
;
our
just
pretentions
to
an
Estate
or
Right
;
Divines
have
added
another
,
not
only
the
defence
of
Religion
,
but
its
advancement
and
propagation
,
by
the
way
of
Arms
,
and
some
the
extirpation
and
rooting
up
a
contrary
.
Certainly
War
is
too
rough
a
hand
,
too
bad
a
means
,
to
plant
Piety
;
Sicut
non
Martyrem
poena
,
sic
nec
sortem
pugna
,
sed
causa
;
As
it
is
not
the
punishment
that
makes
the
Martyr
,
so
it
is
not
fighting
that
declares
a
valiant
Man
,
but
fighting
in
a
just
cause
;
in
which
who
so
shall
resolvedly
end
his
Life
valiantly
,
in
respect
of
the
cause
,
that
is
,
in
the
defence
of
his
Prince
,
Religion
or
Country
,
ought
to
be
numbred
amongst
the
Martyrs
of
God
.
VI.
War
by
the
Laws
of
England
,
is
accounted
when
the
Courts
of
Justice
are
shut
up
,
and
the
Judges
and
Ministers
of
the
same
cannot
by
Law
protect
Men
from
violence
,
nor
distribute
Justice
.
So
when
by
Invasion
,
Insurrection
,
Rebellions
,
or
such
like
,
the
current
of
Justice
is
stopt
and
shut
up
;
Et
silent
Leges
inter
arma
;
then
it
is
said
to
be
time
of
●…4
E.
3.
tit
.
Scire
facias
122.
inter
Mortimer
and
Th.
Earl
of
Lancaster
.
War
,
and
the
Tryall
of
this
is
by
Records
and
Judges
of
the
Courts
of
Justice
,
and
not
by
a
Jury
:
the
Kings
Standard
appearing
in
the
Feild
,
or
at
Sea
,
does
likewise
denote
a
War
,
and
if
the
Rebells
against
whom
the
Kings
Host
marches
,
breaks
a
Prison
,
the
Goaler
is
not
lyable
,
for
they
are
not
such
Rebels
as
are
capable
of
being
supprest
by
the
ordinary
Ministers
of
Justice
;
but
the
subject
matter
is
now
only
touching
forraign
War
,
or
that
which
is
commenced
for
Dominion
or
Right
,
or
for
the
maintaning
of
the
same
in
our
peaceable
possession
,
according
to
Justice
.
VII
.
By
the
Law
of
Nature
in
such
a
War
,
those
things
are
acquired
to
us
,
which
are
either
equall
to
that
,
which
being
due
unto
us
,
we
cannot
otherwise
obtain
,
or
else
is
much
a
mark
as
does
infer
damage
to
the
guilty
part
,
by
a
fit
measure
of
punishment
.
And
by
the
Laws
of
Nations
not
only
he
that
wageth
War
on
a
just
cause
,
but
every
one
in
solemn
War
,
and
without
end
and
measure
is
master
of
all
he
taketh
from
the
Enemy
in
that
sense
,
that
by
all
Nations
,
both
himself
and
they
that
have
title
from
him
,
are
to
be
maintained
in
the
possession
of
such
things
;
which
as
to
external
effect
we
may
call
Dominion
:
Cyrus
in
Xenophon
,
it
is
an
everlasting
Law
among
Men
,
that
Xenoph.
5.
de
Iustit
.
Cyri.
the
Enemies
City
being
taken
,
their
Goods
and
Money
should
be
the
conquerors
;
for
the
Law
in
that
matter
is
as
a
common
agreement
,
whereby
the
things
taken
in
War
become
the
Aristotle
1.
Polit.
Takers
:
from
the
Enemy
are
judged
to
be
taken
away
,
those
things
also
which
are
taken
away
from
the
subjects
of
the
Enemy
,
and
Goods
so
taken
cannot
by
the
Law
of
Nations
be
properly
said
taken
,
but
when
the
same
are
out
of
all
probable
hopes
of
recovery
,
that
is
as
Pomponius
observes
,
brought
within
the
bounds
or
guards
of
the
Enemy
;
Hujus
modi
res
non
tam
capta
quam
recepta
intelligitur
,
per
D.
per
Pomponius
&
L.
Leg.
in
Bello
Parag.
Si
quis
servum
in
pr.
de
Capt.
&
post
.
for
,
says
he
,
such
is
a
Person
taken
in
War
,
whom
the
Enemies
have
taken
out
of
our
,
and
brought
within
their
guards
,
for
till
then
he
remains
a
Citizen
:
and
as
the
Law
of
Nations
is
the
same
reason
of
a
Man
,
so
likewise
of
a
thing
;
and
therefore
Goods
and
Merchandize
are
properly
said
to
be
the
Captors
,
when
they
are
carried
in●…ra
Praesidia
of
that
Prince
or
State
,
by
whose
Subject
the
same
were
taken
,
or
into
the
Fleet
,
or
into
a
Haven
,
or
some
other
place
where
the
Navy
of
the
Enemy
rides
:
for
then
it
is
that
the
recovery
seems
to
be
past
all
hope
.
And
with
these
Laws
agrees
the
Common
Law
of
this
Realm
,
which
calls
such
a
taking
a
Legalis
Captio
in
Jure
2.
R.
3.
s.
2.
7.
R.
2.
Trespass
Statham
Pl.
54.
Belli
,
and
therefore
in
7.
R.
2.
an
action
of
Trespass
was
brought
for
a
Ship
,
and
certain
Merchandize
taken
away
;
the
Defendant
pleaded
that
he
did
take
them
in
le
haut
Mere
o●…
les
Normans
queu●…
sont
Enemies
le
Roy
:
and
it
was
adjudged
,
that
the
same
Plea
was
good
.
In
the
year
1610
,
a
Merchant
had
a
Ship
and
Merchandize
taken
by
a
Spaniard
,
being
an
Enemy
;
a
month
after
M.
8.
Jac.
in
B.
R.
Brownlow
2.
part
.
Westons
C.
a
Merchant
Man
,
with
a
Ship
called
The
Little
Richard
,
retakes
her
from
the
Spaniard
:
it
was
adjudged
,
that
such
a
possession
of
the
Enemy
,
divested
the
Owner
of
his
interrest
,
and
the
retaking
afterwards
in
Battel
,
gained
the
Captors
a
property
.
'T
is
true
,
the
Civilians
do
hold
,
that
it
is
not
every
possession
that
qualifies
such
a
Caption
,
and
makes
it
become
the
Captors
;
but
a
firm
possession
(
that
is
)
when
the
prize
doth
pernoctare
with
the
Enemy
,
or
remain
in
his
possession
,
by
the
space
of
24
hours
;
but
as
this
is
a
new
[
](A51124-e5030-b)*
*
Consulatu
Maris
c.
283.
287.
Constit.
Gallicae
lib.
20.
tit.
13.
art.
24.
7.
R.
2.
Trespass
Statham
pl.
54.
Law
,
so
it
is
conceiv'd
to
be
against
the
antient
as
well
as
the
modern
practice
of
the
Common
Law
:
for
the
Party
in
the
antient
Presidents
doth
not
mention
by
their
Plea
,
that
the
prize
did
pernoctare
with
the
Enemy
,
and
but
general
,
that
the
same
was
gain'd
by
Battle
of
the
Enemy
.
But
,
if
such
a
Recaption
is
by
one
of
the
King
of
Englands
Ships
of
War
,
their
Restitution
has
been
made
,
the
Party
relieved
paying
his
offering
to
the
Admiral
,
commonly
called
Salvage
Mony
.
VIII
.
This
right
of
changing
of
Dominion
or
Property
,
by
force
of
Arms
,
is
so
odious
,
that
in
the
taking
of
Goods
,
if
by
any
possibility
,
the
right
owners
may
have
restitution
,
the
same
hath
been
done
:
And
although
a
larger
time
then
24
hours
happens
,
between
the
capture
and
recapture
,
and
so
may
pernoctare
with
the
Captor
,
yet
restitution
may
be
made
,
and
therefore
if
one
Enemy
takes
the
Ship
and
Merchandize
of
another
Enemy
,
and
brings
her
into
the
Ports
or
Havens
of
a
Neuter
Nation
,
the
Owners
may
seize
her
,
and
the
Admiral
of
that
Neuter
Nation
,
may
in
some
cases
restore
the
Ship
and
Goods
to
their
Owners
,
and
the
Persons
captive
to
their
former
liberty
:
the
reason
is
for
that
the
same
ought
to
have
been
brought
infra
Praesidia
[
](A51124-e5150-b)a
a
Res
quae
intra
Praesidia
perductae
nondum
sunt
,
quanquam
ab
hostil●…us
occupatae
Dominum
,
non
mutarunt
ex
Gentium
jure
.
Grotius
de
jure
Belli
ac
Pacis
l.
3.
c.
9.
of
that
Prince
or
State
,
by
whose
Subject
she
was
taken
.
A
Dunkirker
having
seiz'd
a
Frenchmans
Vessel
,
super
altum
Mare
,
sold
the
same
with
her
lading
at
Weymouth
;
whether
it
had
been
driven
before
she
was
brought
infra
Praesid
.
Dom.
Reg.
Hispaniae
:
the
Frenchman
coming
into
Port
,
then
claims
the
benefit
of
the
Laws
of
Nations
;
the
King
of
England
being
then
in
amity
with
both
their
Princes
,
and
that
restitution
be
made
;
in
which
case
it
was
resolved
by
all
the
Judges
,
[
](A51124-e5240-b)b
b
Trin.
17.
Car.
1.
in
B.
R.
Marshe's
Reports
.
that
if
there
be
a
Caption
by
Letters
of
Marque
,
or
by
Piracy
,
and
the
Vessel
and
Goods
are
not
brought
infra
Praesidia
of
that
Prince
or
State
,
by
whose
Subject
the
same
was
taken
,
the
same
will
not
divest
the
Property
out
of
the
Owner
;
with
this
agrees
the
Law
Civil
,
[
](A51124-e5310-b)c
c
For
this
is
not
an
absolute
Property
immediately
vested
in
the
Captor
,
upon
the
taking
;
but
a
conditional
Property
to
answer
the
original
debt
or
damage
which
cannot
be
done
without
a
Judicial
adjudication
,
the
oportunity
of
which
he
hath
lost
by
bringing
the
prize
into
the
Country
of
another
Prince
:
for
as
to
private
War
,
their
Countreys
are
as
an
Asyllum
per
leg
.
libertas
,
&
de
Leg.
Jur.
and
restitution
may
be
made
.
IX
.
But
if
the
Ships
of
War
of
Nations
in
enmity
meet
at
Sea
,
and
there
be
a
caption
,
if
there
be
that
which
is
called
a
firm
possession
,
the
Neuter
Nation
cannot
re-deliver
or
make
restitution
of
the
thing
so
acquired
:
and
so
it
Buistrod
3.
part
.
f.
28.
cited
in
Marsh's
Case
.
was
adjudged
,
where
Samuel
Pellagy
with
a
Ship
of
War
of
the
Emperor
of
Morocco
,
took
a
Spanish
Ship
,
and
brought
the
same
into
England
,
that
he
could
no
ways
be
question'd
for
the
same
criminaliter
,
or
restitution
to
be
made
civiliter
;
The
getting
of
Letters
of
Reprizal
against
a
Nation
,
does
not
make
a
War
between
both
States
;
nor
can
they
be
said
to
be
at
enmity
.
22.
E.
3.
f.
23.
for
that
the
King
of
Spain
and
the
Morocco
Emperor
were
enemies
,
and
the
King
of
England
in
amity
with
both
,
and
that
such
a
caption
is
not
called
Spoliatio
,
sed
Legalis
captio
,
in
which
there
can
be
no
restitution
made
upon
,
neither
of
the
Stat.
of
31.
H.
6.
cap.
4.
or
27.
Ed.
3.
cap.
13.
for
he
that
will
sue
to
have
restitution
in
England
for
Goods
taken
at
Sea
,
must
prove
that
the
Soveraign
of
the
party
was
in
amity
with
the
King
of
England
.
Secondly
,
that
he
that
took
the
Goods
,
his
Prince
was
at
the
time
of
the
taking
in
amity
with
the
Soveraign
of
him
whose
Goods
were
taken
;
for
if
he
,
which
took
them
,
was
in
enmity
with
the
Soveraign
of
him
whose
Goods
were
taken
,
then
the
same
will
not
amount
unto
a
depredation
or
robbery
,
but
a
lawful
taking
,
as
every
enemy
2
R.
3.
f.
2.
might
take
of
another
.
A
Spanish
Merchant
,
before
the
King
and
his
Councel
,
in
Camera
Scaccarii
,
brought
a
Bill
against
divers
English-Men
,
7.
E.
4.
14.
13.
E.
4.
9.
22.
E.
3.
f.
23.
2.
R.
3.
f.
2.
wherein
setting
forth
,
quod
depradatus
&
spoliatus
fuit
,
upon
the
Sea
,
juxta
partes
Britannia
per
quendam
Virum
Bellicosum
de
Britannia
,
de
quadam
Navi
,
and
of
divers
Merchandises
therein
,
which
were
brought
into
England
,
and
came
into
the
hands
of
divers
Engish-Men
,
naming
them
,
and
so
pray'd
process
against
them
,
who
came
in
,
and
pleaded
,
that
in
regard
this
depredation
was
done
by
a
Stranger
,
and
not
by
the
Subjects
of
the
King
of
England
,
27.
E.
3.
c.
13.
31.
H.
6.
c.
4.
which
gives
Restitution
by
the
Chancellor
,
and
one
Judge
,
and
by
the
Chancellor
alone
.
they
ought
not
to
answer
:
It
was
there
resolv'd
,
Quod
quisquis
extraneus
,
who
brings
his
Bill
upon
this
Statute
to
have
restitution
,
debet
probare
quod
tempore
captionis
fuit
de
amicitia
Domini
Regis
,
and
also
,
quod
ipse
qui
eum
receperit
,
&
spoliavit
,
fuit
etiam
sub
obedientia
Regis
,
vel
de
amicitia
Domini
Regis
,
sive
Principis
quaerentis
,
quia
si
fuerit
inimicus
,
&
sic
ceperit
bona
,
tunc
non
fuit
spoliatio
,
nec
depredatio
,
sed
legalis
captio
,
prout
quilibet
inimicus
capit
super
unum
&
alterum
.
Hujusmodires
non
tam
capta
,
quam
recepta
intelligitur
:
per
D.
Leg.
Pomponius
,
&
per
Leg.
in
Bell●…
Par.
si
quis
s●…
vum
in
pr.
de
Cap.
&
p●…st
.
But
,
if
the
King
of
England
is
in
enemity
with
the
States
of
Holland
,
and
one
of
their
Ships
of
War
takes
a
Merchant-Man
of
the
King
of
Englands
,
and
afterwards
another
Ship
of
War
of
England
meets
the
Dutch-Man
and
his
prize
,
and
in
aperto
praelio
,
regaines
the
prize
,
there
restitution
is
commonly
made
,
the
Owners
paying
their
Salvage
:
so
where
the
prize
is
recover'd
by
a
Friend
in
amity
or
comes
into
his
Ports
,
restitution
is
likewise
made
;
Per
Leg.
postliminium
,
Par.
Postliminio
.
de
Capt.
&
postli
.
Boyce
,
and
Cole
,
and
Claxton
,
Hill.
26
,
&
27.
Car.
2.
in
B.
R.
but
when
such
Goods
become
a
lawful
and
just
prize
to
the
Captor
,
then
should
the
Admiral
have
a
tenth
part
,
following
the
religious
example
of
Abraham
,
after
his
Victory
over
the
five
Kings
.
X.
He
that
is
an
Enemy
,
may
every
where
be
assaulted
,
according
to
the
Laws
of
Nations
;
Enemies
may
Restitution
made
formerly
by
a
French-Man
,
who
had
regained
an
English
prize
out
of
the
hands
of
a
Dutch-Man
of
War
.
therefore
be
attaqu'd
or
slain
on
our
own
ground
,
on
our
Enemies
,
or
on
the
Sea
:
but
to
assault
,
kill
,
or
spoil
him
in
a
Haven
or
Peaceable
Port
,
is
not
lawful
;
but
that
proceeds
not
from
their
Persons
,
but
from
his
right
that
hath
Empire
there
,
for
Civil
Societies
have
provided
that
no
force
be
used
in
their
Countreys
against
Men
,
but
that
of
Law
,
and
where
that
is
open
,
the
right
of
hurting
ceaseth
:
the
Carthaginean
Fleet
was
at
Anchor
in
Syphax
Port
,
who
at
that
time
was
at
peace
with
the
Romans
and
Carthagineans
,
Scipio
unawars
fell
into
the
same
Haven
,
the
Carthaginean
Fleet
being
the
stronger
,
might
easily
have
destroy'd
the
Romans
;
but
yet
they
durst
not
fight
them
:
the
like
did
the
Venetian
,
who
hindred
the
Greeks
from
assaulting
the
Turkish
Fleet
,
who
ride
at
Anchor
in
a
Haven
,
then
under
the
Government
of
that
Republique
;
so
when
the
Venetian
and
Turkish
Fleet
met
at
Tunis
,
though
that
very
Port
ackowledges
the
Ottoman
Emperor
,
but
in
regard
they
are
in
the
nature
of
a
Free
Port
to
themselves
,
and
those
that
come
there
,
they
would
provide
for
the
Peace
of
the
same
,
and
interdicted
any
hostile
attempt
to
be
there
made
.
But
they
of
Hamborough
,
were
not
so
kind
to
the
English
,
when
the
Dutch
Fleet
fell
into
their
Road
,
where
rid
at
the
Anno
1665
,
1666.
Bell.
Angl.
cum
Batav
.
same
time
some
English
Merchants
Men
;
whom
they
assaulted
,
took
,
burnt
and
spoil'd
,
for
which
action
,
and
not
preserving
the
Peace
of
their
Port
,
they
wereby
the
Law
of
Nations
adjudg'd
to
answer
the
dammage
;
and
I
think
have
pay'd
most
,
or
all
of
it
since
.
But
Enemies
in
their
own
Ports
,
may
be
assaulted
,
burnt
or
destroy'd
,
by
This
is
Jus
belli
&
in
Republica
maxime
conservanda
sunt
Jura
belli
,
Reg.
f.
129.
Arresi
.
fact
.
super
bonis
Meroator
Alie●…ig
.
the
Law
of
Armes
.
XI
.
If
the
Ships
of
any
Nation
happens
to
arrive
in
any
of
the
King
of
Englands
Ports
,
and
afterwards
and
before
their
departure
,
a
War
breaks
out
,
they
may
be
secured
,
priviledged
without
harm
of
Body
or
Goods
;
but
under
this
limitation
,
till
it
be
known
to
the
King
,
how
that
Prince
or
Republique
of
those
,
whose
Subjects
the
Parties
Some
of
old
have
held
〈◊〉
Clericus
,
Agricola
&
Mercator
tempore
belli
utroque
collat
commutet
,
pace
fruuntur
.
Co.
2.
Inst.
f.
58.
are
,
have
used
and
treated
those
of
our
Nation
in
their
Ports
.
But
if
any
should
be
so
bold
,
as
to
visit
our
Ports
after
a
War
is
begun
,
they
are
to
be
dealt
with
as
Enemies
.
XII
.
By
the
Laws
of
Nations
,
generally
all
things
are
the
Captors
,
which
he
takes
from
his
Enemy
,
or
which
his
Enemies
gain'd
from
another
by
force
of
Arms
;
so
likewise
all
those
Goods
,
that
he
shall
find
in
his
Enemies
custody
:
But
then
it
must
be
apparently
manifest
,
and
evidently
prov'd
,
that
it
is
really
the
Enemys
;
for
if
an
English-Man
should
have
Goods
in
the
custody
of
a
Dutch
Factor
at
Cales
,
and
a
War
should
break
out
between
that
Prince
and
that
Republique
,
yet
are
not
the
Goods
of
the
English-Man
subject
to
the
seizure
of
the
Spaniard
,
it
being
apparent
,
the
owner
is
not
a
Subject
of
their
Enemies
:
So
likewise
if
the
Goods
of
Friends
are
found
in
the
Ships
of
Consul
.
Maris
.
c.
273.
Enemies
,
this
does
not
ipso
facto
,
subject
the
same
to
be
prize
by
the
Laws
of
Nations
;
though
it
be
a
violent
presumption
,
and
may
justly
bear
a
legal
examination
,
till
which
there
may
be
a
securing
of
the
prize
,
till
adjudication
shall
pass
.
So
on
the
other
hand
,
if
the
Ships
of
Hostis
sit
ille
,
&
qui
intra
praesidia
ejus
sunt
:
Let
him
be
our
Enemy
,
and
they
that
are
with
in
his
Guards
.
Liv.
lib.
37
,
&
alibi
passim
.
Friends
shall
be
fraighted
out
to
carry
the
Goods
of
Enemies
,
this
may
subject
them
to
be
prize
,
especially
if
the
Goods
shall
be
laden
aboard
by
the
consent
or
privity
of
the
Master
or
Skipper
;
though
in
France
they
have
subjected
and
involv'd
the
innocent
with
the
nocent
,
and
making
both
of
them
prize
:
in
the
late
Flemish
Wars
with
England
,
the
Ostenders
became
obsequious
serviceable
with
their
Ships
to
the
Traffick
and
commerce
of
both
Nations
:
memorable
Gregor.
lib.
9.
Romani
nos
honestissimus
eas
atque
justissimus
credimus
possessiones
quas
Belli
Lege
captas
habemus
;
neque
ver●…
induci
possimus
ut
stulta
facilitate
deleamus
virtute
monumenta
,
si
eas
illis
reddamus
,
quibus
semel
perierunt
:
imo
vero
talos
possessiones
,
non
tantum
cum
his
qui
non
vivunt
civibus
nostris
communicandis
;
sed
&
posteris
relinquendas
censemus
:
tantum
abest
ut
partu
relinquendo
in
nos
ipsos
ea
constituamus
,
quae
in
Hostes
constitui
solent
:
Titus
Largus
his
opinion
in
the
Senate
of
Restitution
:
We
Romans
believe
those
possessions
to
be
most
honorable
and
just
,
which
we
have
taken
by
the
Law
of
War
;
nor
can
we
be
induc'd
by
a
foolish
facility
to
part
with
the
monuments
of
our
Valour
,
and
restore
them
to
those
that
were
not
able
to
keep
them
;
nor
do
we
judge
such
possessions
to
be
communicated
only
to
our
Country
,
Men
now
living
,
but
to
be
left
to
our
Posterity
:
So
far
are
we
from
relinquishing
what
we
have
got
,
and
dealing
with
our selves
,
as
if
we
were
our
own
Enemies
.
De
Veij
idem
in
Romulo
narrat
Pluter●…us
.
was
the
action
,
when
the
War
was
between
the
two
Republiques
,
Venice
and
Genoa
,
the
Grecian
Ships
being
then
imploy'd
,
(
as
those
of
Ostend
)
were
search'd
,
and
the
Enemies
pull'd
out
,
but
no
other
matter
done
;
however
,
〈◊〉
it
is
most
certain
let
the
Commission
,
or
Protection
of
such
Ships
be
what
they
will
,
if
Men
will
venture
to
trade
under
such
a
cloak
,
it
behoves
them
,
that
the
Skipper
and
his
Crew
be
entirely
ignorant
;
for
it
is
his
Action
that
will
go
far
in
the
freeing
,
or
making
absolute
the
prize
,
and
Goods
so
made
prize
,
the
property
is
immediately
gone
and
changed
be
the
Owner
be
who
he
will
,
he
never
can
claim
the
same
;
for
the
Laws
of
Nations
made
the
Enemies
first
masters
by
external
Dominion
,
and
then
by
Conquest
,
gave
the
property
to
the
Captor
:
following
that
Judgement
of
the
Romans
,
whatsoever
they
got
of
their
Enemies
by
valour
,
they
would
transmit
,
to
their
Posterity
by
right
.
XIII
.
'T
is
not
against
nature
,
to
spoil
the
Goods
of
him
,
whom
it
is
lawful
to
kill
;
and
by
the
Laws
of
Nations
,
it
is
permitted
that
the
Goods
of
the
Enemies
may
Hist.
5.
be
as
well
spoiled
as
taken
;
and
Polybius
observes
that
all
things
of
the
Enemies
may
be
spoiled
,
their
Ships
,
Goods
,
Forts
,
&c.
XIV
.
And
though
it
may
happen
sometimes
,
that
a
War
may
break
out
,
and
there
may
be
no
public
denouncing
or
proclaiming
the
same
;
that
if
a
Friend
,
or
Neuter
should
assist
an
Enemy
with
Contraband
Goods
,
that
is
Armes
,
&c.
whether
upon
such
a
caption
,
the
Goods
may
be
made
prize
;
the
resolution
of
which
will
depend
on
3.
Eliz.
in
C.
B.
Owens
Report
,
fo.
45
but
q.
of
that
Case
.
these
Considerations
.
First
,
by
Natural
Law
,
where
either
force
offer'd
,
is
repelled
,
or
punishment
exacted
,
of
one
that
hath
offended
;
there
needs
no
denunciation
,
for
Princes
are
not
to
stand
debating
Grotius
lib.
3.
cap.
3.
with
words
or
arguments
,
being
injured
beyond
words
:
For
War
undertaken
to
resist
violence
,
is
proclaim'd
not
by
an
Herauld
,
but
by
Nature
:
for
it
is
no
more
then
the
invading
of
one
for
another
,
or
taking
of
the
Goods
of
the
debtor
,
to
answer
the
creditor
damage
.
Secondly
,
Interpellation
is
introduced
by
the
Laws
of
Nations
,
whereby
Princes
or
Republiques
,
having
received
injuries
,
may
apparently
shew
that
they
had
no
other
way
to
recover
their
own
,
or
that
which
is
due
to
them
:
for
such
Interpellation
following
after
injuries
committed
,
constitutes
that
Prince
or
State
in
a
fault
that
shall
not
render
satisfaction
.
Thirdly
;
admitting
that
Interpellation
hath
gone
,
and
satisfaction
hath
been
required
for
the
dammage
,
and
no
satisfactory
return
hath
been
made
,
whether
then
the
Ships
or
Territories
of
the
Enemy
may
be
assaulted
:
and
for
that
it
has
been
conceiv'd
they
may
,
for
denunciation
is
no
more
but
to
signify
that
the
Parties
,
against
whom
the
same
is
commenc't
,
are
unjust
,
and
will
not
do
right
,
and
therefore
War
is
begun
by
the
Supream
Power
:
now
Princes
or
Republiques
,
having
done
that
which
by
the
Law
of
Nature
they
were
not
oblig'd
to
do
,
that
is
after
a
wrong
done
,
abstain'd
from
War
by
Friendly
demanding
of
satisfaction
or
reparation
,
(
which
is
requir'd
only
by
the
Laws
of
Nations
)
and
publique
Justice
being
deny'd
them
,
there
remains
no
other
or
further
obligation
on
the
State
,
the
same
amounting
and
indeed
is
an
apparent
defiance
;
and
Proclamation
is
no
other
.
So
that
if
Indiction
is
not
necessary
,
the
caption
of
such
Ships
may
subject
them
to
be
prize
,
(
perhaps
the
Leagues
of
the
several
Countries
,
may
have
provided
for
cases
of
the
like
nature
.
)
XV.
And
although
the
Goods
of
Friends
,
according
to
the
circumstance
of
the
case
,
may
be
preserv'd
by
adjudication
,
and
restor'd
to
their
owner
;
yet
all
manner
of
Goods
have
not
that
priviledge
,
for
though
the
Freedom
of
Trade
preserves
the
Goods
of
Friends
against
the
rigour
of
War
,
Vide
Treaty
1.
Decemb:
at
London
1674
,
Art.
the
third
,
what
is
meant
by
Goods
Contraband
,
or
prohibited
Merchandize
.
yet
it
does
not
those
Goods
that
supplies
the
Enemy
for
War
,
as
Mony
,
Victuals
,
Ships
,
Armes
and
other
things
belonging
thereto
,
for
to
supply
an
Enemy
that
invades
our
right
,
or
seeks
the
destruction
of
our
Countries
,
is
a
liberality
not
to
be
allow'd
of
,
and
it
certainly
stands
with
necessity
,
that
if
I
cannot
safely
defend
my self
,
or
endamage
my
Enemy
without
intercepting
the
things
sent
,
it
may
justly
be
done
:
but
when
such
Goods
are
seized
,
whether
they
give
the
Captor
a
right
of
property
,
or
a
right
by
retention
,
to
compel
that
neuter
Nation
to
give
Caution
for
the
future
,
by
Hostages
or
Pledges
,
not
to
supply
the
Enemy
,
may
be
a
question
.
The
Romans
,
who
had
brought
Victuals
to
the
Enemies
of
Carthage
,
were
taken
by
the
Carthaginians
,
and
again
rendred
upon
request
;
the
Hollanders
in
the
heat
of
the
War
between
the
Sweden
and
Polland
,
never
suffer'd
themselves
to
be
interdicted
with
either
Nation
;
the
same
Cambden
.
vide
anno
1589
,
1595.
State
when
they
had
War
with
Spain
,
they
intercepted
the
French
Ships
,
passing
to
or
for
Spain
,
but
restor'd
them
.
And
Pompey
,
in
the
History
of
the
Mitridatie
War
,
set
Plutarch
.
a
Guard
on
the
Bosphorus
,
to
observe
if
any
Merchant
sailed
in
thither
;
whosoever
did
,
and
was
taken
,
was
surely
put
to
death
;
so
Demetrius
when
he
possessed
Attica
with
his
Army
,
having
blockt
up
Athens
,
hang'd
up
both
the
Master
and
Commander
of
a
Ship
,
who
attempted
to
bring
in
Corn
:
Mursius
in
his
Danish
Hist.
l.
part.
2.
the
Hollanders
having
blockt
up
Dunkirk
,
some
English
Merchants
Ships
did
attempt
to
enter
,
but
were
deny'd
by
the
Hollanders
.
Most
certain
,
if
a
Neuter
Nation
hath
had
notice
of
the
War
,
and
caution
given
them
(
as
is
usual
)
not
to
supply
the
Enemy
with
counterband
Goods
,
as
they
call
them
;
if
such
be
the
case
,
the
prize
is
become
absolute
the
Captors
:
So
Queen
Elizabeth
did
,
when
she
seized
on
the
60
Sail
of
the
Hansiatique
Towns
,
who
were
carrying
of
Goods
,
Vide
Tit.
Customs
.
ropas
contrabanda
,
to
the
Spaniard
her
Enemy
;
she
condemned
them
,
and
made
them
absolute
prize
;
for
as
neuters
are
not
compellable
by
the
rigour
of
War
,
to
give
any
thing
31.
Eliz.
C.
B.
Owen
45.
Vide
the
Proclamation
of
Holland
to
England
,
&c.
against
their
will
,
so
must
they
not
against
the
will
of
each
Party
afford
such
things
,
as
may
dammage
one
another
;
for
Persons
or
Nations
having
had
notice
of
the
War
,
which
is
done
,
and
caution
given
sometimes
by
Proclamation
,
or
some
other
publick
Edict
,
signifying
the
right
of
their
cause
;
shall
afterwards
gather
to
,
and
assist
the
Enemy
,
whether
associates
,
neuters
,
or
Subjects
,
the
same
yeilds
a
right
,
so
far
as
to
them
,
not
only
to
the
charge
and
dammage
Bald.
ad
l.
2.
c.
de
Sev.
n.
70.
Under
the
name
of
Contraband
may
be
comprehended
Arms
only
;
as
pieces
of
Ordinances
,
with
all
Impliments
belonging
to
them
,
Fire-Balls
,
Powder
,
matches
,
Bullets
,
Pikes
,
Swords
,
Lances
,
Spears
,
Holberts
,
Guns
,
Mortar-Pieces
,
Petards
,
Granadoes
,
Musket-rests
,
Bandaliers
,
Salt-peter
,
Muskets
,
Musket
Shot
,
Helmets
,
Corslets
,
Breast-Plates
,
Coats
of
mail
,
and
the
like
kind
of
Armature
;
so
for
Horses
and
other
warlike
Instruments
,
v.
Marine
Treaty
between
Eng.
&
Holl.
1.
Decemb.
1674
,
art.
3.
that
may
fall
thereby
,
by
making
them
prize
;
but
may
make
them
obnoxious
to
punishment
;
For
it
is
the
duty
of
those
that
abstain
from
War
to
do
nothing
for
the
strengthning
of
him
,
who
maintains
a
bad
cause
,
whereby
the
motions
of
him
that
wageth
a
just
War
may
be
retarded
,
and
where
the
cause
is
doubtful
,
they
ought
to
shew
themselves
equall
to
both
,
permitting
passage
,
Baking
,
Dressing
,
and
affording
provision
for
each
Army
,
or
Navy
.
L.
Aemilius
Praetor
,
accused
the
Tejans
for
victualling
So
likewise
it
is
Ships
,
Masts
,
and
whatsoever
shall
be
thought
or
asscertain'd
capable
of
Arming
an
Enemy
.
Bartol.
l.
nullus
nunc
.
l.
2.
de
Judaeis
Coelicolis
.
the
Enemy's
Navy
,
promising
them
Wine
,
adding
,
that
unless
they
would
do
the
like
for
the
Navy
of
the
Romans
,
he
would
account
them
as
Enemies
:
but
common
experience
hath
taught
Nations
and
Kingdoms
,
when
they
declare
a
Neutrality
,
to
make
provision
by
way
of
League
with
both
the
Nations
at
War
,
that
when
it
should
happen
the
Armies
of
both
,
or
any
draw
towards
their
Territories
,
it
might
be
lawful
for
them
to
exhibite
the
Common
offices
of
humanity
to
both
.
The
Venetians
having
so
far
prevail'd
against
the
Turk
,
in
the
Island
of
Candia
,
that
they
held
the
City
of
Canea
,
straightly
besieg'd
by
Sea
and
Land
,
whereby
they
had
reduc'd
it
to
great
extremities
,
it
happened
at
that
time
to
ride
about
7
stout
Merchant
Men
,
in
the
Port
at
Smirna
;
the
General
of
the
Venetians
being
jealous
of
their
joyning
with
the
Turkish
Armado
,
desired
to
know
their
minds
,
who
answer'd
,
they
would
prove
neuter
in
the
dispute
;
but
afterwards
(
though
at
first
the
Captains
all
refused
)
upon
the
threatning
of
the
Grand-Seignior
,
to
lay
an
Embargoe
on
all
the
Goods
of
the
English
Nation
in
his
Dominion
,
and
Anno
1650
,
or
1651.
vide
R.
Cooke
of
the
Church's
State
in
equal
danger
with
the
Trade
.
to
make
slaves
of
their
Persons
;
those
Captains
were
forced
to
joyn
with
the
Turkish
Forces
,
who
beat
the
Venetians
from
before
Canea
,
and
so
reliev'd
it
;
the
Venetians
Embassador
complain'd
to
the
then
Powers
in
England
,
but
could
have
no
relief
,
being
answer'd
,
that
those
Ships
in
the
Turks
power
,
were
Subject
to
it
.
CHAP.
II.
Of
Letters
of
Marque
,
and
Reprizal
:
-
I.
Of
Reprizals
generally
considered
,
and
for
what
.
-
II.
That
Reprizals
are
unlawful
by
the
Laws
of
Nature
and
the
Romans
.
-
III.
That
the
same
by
the
Laws
of
Nations
,
are
now
become
lawful
.
-
IV.
The
advantage
that
accrues
by
the
same
.
-
V.
The
causes
that
requires
the
same
.
-
VI.
Of
the
things
necessarily
requisite
for
the
observing
them
.
-
VII
.
Reprizals
ordinary
and
extraordinary
,
according
to
the
Laws
of
England
.
-
VIII
.
Of
the
Interest
of
Princes
of
granting
them
,
and
Letters
of
Request
-
IX
.
The
difference
of
injustice
offer'd
to
Subjects
and
Forraigners
;
when
and
where
the
one
is
concluded
,
and
not
the
other
.
-
X.
What
is
meant
by
denying
of
right
,
and
doing
of
injustice
,
and
where
Reprizals
take
rooting
,
and
where
not
.
-
XI
.
Of
Reprizals
awarded
in
cases
ordinary
.
-
XII
.
Of
Reprizals
issuing
forth
in
cases
extraordinary
.
-
XIII
.
Of
Letters
of
Request
precedent
,
allotting
a
time
certain
for
satisfaction
.
-
XIV
.
Domicil
not
origination
subject
to
Reprize
.
-
XV.
Reprizal
not
granted
if
the
spoil
was
occasioned
by
War
.
-
XVI
.
Of
Persons
exempt
from
Reprizal
by
the
Laws
of
Nations
,
Canon
and
Civil
Law
.
-
XVII
.
Where
Ships
or
Goods
are
subject
to
Reprize
,
and
where
not
.
-
XVIII
.
When
right
deny'd
,
whether
life
is
engag'd
,
and
whether
Persons
refusing
to
yeild
may
be
slain
.
-
XIX
.
Goods
taken
by
Reprize
,
where
the
Property
is
altered
,
and
where
otherwise
.
-
XX.
Where
many
Ships
are
present
,
and
one
becomes
Captor
,
whether
the
spoil
must
be
divided
or
remain
his
,
that
became
Master
.
-
XXI
.
Of
the
Captors
duties
af●…ter
a
Prize
taken
,
and
its
exemption
from
Custom
.
-
XXII
.
Restitution
,
when
to
be
made
,
after
the
debt
satisfy'd
.
-
XXIII
.
Contribution
,
whether
it
can
be
by
the
Laws
of
England
to
him
whose
Goods
are
taken
by
Reprize
.
-
XXIV
.
Commissions
awarded
for
the
enquiring
of
depredations
,
under
which
the
Parties
may
probaably
obtain
recompence
.
I.
REprizals
known
to
us
by
the
word
of
Represalie
,
or
Leters
of
Marque
,
in
Law
have
other
appellations
,
as
Pignoratio
,
Clarigatio
and
Androlepsia
,
&c.
In
imitation
of
that
Androlepsia
,
among
the
Greeks
,
to
seize
the
three
next
Citizens
of
that
Place
,
whether
the
murderer
had
fled
,
and
was
always
given
to
him
who
required
revenge
of
the
offender
;
the
word
(
Reprisals
)
is
from
the
French
reprendre
and
reprise
,
i.
e.
resumptio
,
that
is
to
re-take
or
take
again
Reprisals
are
all
one
,
both
in
the
Common
and
Civil
Law
:
Reprisalia
est
potestas
pignorandi
contra
quemlibet
,
de
terra
debitoris
datae
creditori
per
injuriis
&
damnis
acceptis
vocabular
utriusque
Juris
.
27.
E.
3.
Stat.
2.
cap.
17.
one
thing
for
another
,
like
our
Saxon
Withernam
.
Though
the
Art
is
now
become
lawful
by
the
Law
(
indeed
the
consent
)
of
Nations
,
yet
it
must
have
its
Standard
mark
,
for
the
same
cannot
be
done
by
any
private
authority
,
but
only
by
the
power
of
that
Prince
or
Republique
,
whose
Subject
the
injur'd
Person
is
,
nor
is
the
same
grantable
by
authority
;
but
where
the
Party
injur'd
has
Justice
deny'd
him
,
or
the
same
illegally
delay'd
.
II.
By
the
Law
of
Nature
,
no
Man
is
bound
for
anothers
Act
,
but
only
the
successor
of
his
Estate
,
for
that
Goods
and
Estate
should
pass
with
their
Burdens
,
was
introduc'd
together
with
the
Dominion
of
things
;
hence
it
is
that
the
Son
cannot
be
molested
for
the
debt
of
his
Father
,
[
](A51124-e8500-b)†
†
Leg.
unica
,
c.
ut
null
.
ex
vicanis
.
c.
ne
uxor
pro
mar
.
&
ne
fil
.
pro
patre
,
totis
tit
.
Ulpian
.
Leg.
sicut
sect
.
quod
cuique
universnom
.
neither
the
Wife
for
the
debt
of
the
Husband
,
nor
the
Husband
for
the
debt
of
the
Wife
;
the
same
being
against
natural
equity
,
that
one
should
be
troubled
for
the
debt
of
another
.
So
it
is
,
that
no
particular
Men
ow
not
,
or
are
oblig'd
for
the
debt
which
the
Community
ows
,
that
is
if
the
Community
have
any
Goods
;
but
if
Mony
be
lent
to
a
Community
,
each
particular
is
naturally
bound
,
as
they
are
a
part
of
the
whole
,
if
the
Stock
publique
be
wanting
:
If
one
lends
my
Country
Money
(
says
Seneca
)
I
will
not
call
Et
:
singuli
debebunt
non
tanquam
proprium
,
sed
tanquam
publicem
publici
partem
.
Seneca
lib.
6
:
de
Benefit
.
c.
20.
&
cap.
19.
my self
his
debtor
,
yet
will
I
pay
my
share
:
And
again
,
Being
one
of
the
people
,
I
will
not
pay
as
for
my self
,
but
contribute
as
for
my
Countrey
:
Naturally
,
nay
,
by
the
very
Roman
Law
,
[
](A51124-e8600-b)*
*
Leg.
nullam
,
c.
de
Execut.
&
Exactionibus
.
one
Village
was
not
bound
for
the
other
,
nor
one
Mans
Possessions
charged
for
another
;
no
not
so
much
as
with
the
debts
publique
:
the
reason
being
added
,
that
it
was
against
reason
for
one
to
be
charged
with
the
debt
of
another
.
III.
And
though
by
the
Law
of
Nature
,
one
Mans
Goods
are
not
ty'd
for
the
debts
of
another
,
no
nor
for
those
of
the
publique
;
yet
by
the
voluntary
Law
of
Nations
,
the
same
might
be
introduced
and
brought
in
,
and
the
same
may
stand
well
with
the
Laws
of
Nature
;
for
that
might
be
introduced
by
custom
and
tacit
consent
,
when
even
sureties
without
any
cause
,
may
subject
and
make
lyable
their
Goods
and
Estates
for
the
debts
of
a
Stranger
.
So
likewise
,
that
for
any
debt
,
which
any
Civil
Society
,
or
the
Head
thereof
ought
to
make
good
,
or
because
the
Soveraign
or
a
Head
hath
not
done
right
in
anothers
debt
,
but
hath
made
himself
lyable
to
render
satisfaction
;
such
a
Society
may
oblige
and
make
lyable
all
their
Goods
corporeal
In
Nov.
Just.
52●…
134.
C.
unico
de
injuriis
in
sexto
.
or
incorporeal
,
for
the
reddition
of
satisfaction
.
Hence
it
was
,
as
the
Great
Justinian
observes
,
that
this
custom
was
constituted
by
the
Nations
,
grounded
on
the
urgency
of
humane
needs
,
asserted
with
the
greatest
of
necessities
:
since
without
this
,
great
licence
would
be
given
and
tolerated
,
Just.
Inst.
de
Jure
Nat.
for
the
committing
of
depradations
and
injuries
;
especially
if
only
the
Goods
of
Rulers
were
made
lyable
,
who
seldom
possess
any
thing
,
that
for
satisfaction
,
the
injured
may
easily
come
by
,
whereas
those
private
Men
,
whose
commerce
are
various
,
may
be
catcht
for
recompence
,
sometimes
with
the
greatest
of
ease
,
and
freest
from
danger
.
Besides
,
the
Owners
of
such
prize
,
being
members
of
the
same
Society
,
might
more
easily
obtain
mutual
right
,
for
satisfaction
of
the
injur'd
,
and
their
Baldus
3.
cons.
58.
Bartol.
de
Repress
.
q.
5.
ad
ter
.
num.
9.
own
future
indempnity
then
Forraigners
could
,
who
without
such
a
tye
,
would
be
very
little
regarded
.
IV.
The
benefit
which
this
custom
of
obligation
hath
now
introduced
,
is
become
universal
,
and
common
to
all
Nations
;
so
that
People
that
are
at
one
time
griev'd
with
〈◊〉
Herod
,
to
whom
it
was
not
lawful
to
make
War
against
the
Arabians
,
might
lawfully
use
pignoration
.
Joseph
.
lib.
6.
Livy
lib.
34.
this
burden
,
at
another
time
might
be
eased
of
the
same
,
and
by
such
taking
,
the
oppressed
might
the
more
easily
obtain
Justice
,
&
War
be
prevented
.
The
Carthagineans
would
not
suffer
Ariston
the
Tyrian
to
be
taken
;
for
said
they
,
the
same
will
befall
the
Carthagineans
at
Tyre
,
and
in
other
Towns
of
Trade
,
whereto
they
resort
.
V.
A
due
administration
of
Justice
,
is
not
the
least
sense
,
wherein
Princes
are
styled
Gods
:
To
deny
or
delay
Justice
,
is
injustice
;
Justice
is
every
Mans
right
,
who
hath
not
forfeited
what
he
might
claim
by
the
Jus
Gentium
.
If
therefore
the
Party
cannot
obtain
his
Definitive
Sentence
or
Judgement
,
within
a
fit
time
against
the
Person
of
whom
he
complains
,
or
if
here
be
a
Judgement
given
against
apparent
right
and
Law
;
yet
if
no
relief
can
be
had
,
the
Bodies
or
movables
of
his
Subjects
,
who
renders
not
right
,
may
be
taken
.
C.
Si
sententiae
c.
16.
de
Sent.
excom.
in
6.
constit
.
Leg.
qui
restituere
,
de
rei
vindic
.
VI.
In
the
prosecution
of
which
there
must
be
,
-
1.
The
Oath
of
the
Party
injur'd
,
or
other
sufficient
proof
,
touching
the
pretended
injury
,
and
of
the
certain
loss
and
dammage
thereby
sustain'd
.
-
2.
A
proof
of
the
due
prosecution
for
the
obtaining
a
satisfaction
in
a
legal
way
.
-
3.
Protelation
or
denyal
of
Justice
.
-
4.
A
Complaint
to
his
own
Prince
or
State
.
-
5.
Requisition
of
Justice
by
him
or
them
,
made
to
the
Supream
Head
or
State
,
where
Justice
in
the
ordinary
course
was
deny'd
.
-
6.
Presistency
still
,
in
the
denyal
of
Justice
:
All
which
being
done
,
Letters
of
Reprisal
under
such
cautions
,
restrictions
,
and
limitations
,
as
are
consonant
to
Law
,
and
as
the
special
case
may
require
,
may
issue
not
only
by
the
Jus
Gentium
,
and
Civile
,
but
by
the
antient
and
Municipal
Laws
of
this
Kindom
.
[
](A51124-e9050-b)†
†
MagnaCharta
C.
30.
the
later
Clause
.
Claus
7.
Johannis
Reg.
m.
22.
VII
.
The
Reprisals
grantable
by
the
Laws
of
England
,
are
of
two
sorts
,
Ordinary
and
Extraordinary
.
The
Ordinary
Pat.
15.
E.
3.
part.
2
,
dors.
48.
are
,
where
any
English
Merchants
or
their
Goods
are
spoiled
,
or
taken
from
them
,
in
parts
beyond
the
Sea
Pat.
23.
H.
6.
part.
2.
dors.
14
,
15.
by
Merchants
Strangers
,
and
cannot
upon
Suit
or
the
Kings
demanding
of
Justice
for
him
,
obtain
the
same
,
he
shall
have
upon
testimony
of
such
prosecution
,
a
Writ
out
of
the
Chancery
,
to
arrest
the
Merchants
Strangers
,
of
that
Fitz.
H.
N.
Bre.
fo.
114.
Reg.
129.
Pat.
Rolls
14.
14.
H.
6.
par.
1.
dors.
15.
17.
22.
&
M.
5
;
6
,
7.
par.
2.
dors.
18.
22.
E.
4.
par.
2.
M.
25.
dors.
2
&
4.
Nation
their
Goods
here
in
England
;
the
which
is
grantable
the
Subject
opprest
of
Common
Right
,
by
the
Chancellor
or
Keeper
of
England
,
who
always
in
such
case
hath
the
approbation
of
the
King
or
Councel
,
or
both
,
for
his
so
doing
.
The
Extraordinary
are
by
Letters
of
Marque
,
for
Reparation
at
Sea
,
or
any
place
out
of
the
Realm
,
grantable
by
the
Secretaries
of
State
,
with
the
like
approbation
of
the
King
or
Councel
,
or
both
.
VIII
.
And
as
Princes
by
the
Laws
of
Nations
,
are
responsible
for
injuries
publique
,
so
should
they
by
the
most
prudent
ways
imaginable
,
prevent
those
that
are
private
,
not
suffering
Forraigners
,
if
possible
,
to
receive
wrongs
in
their
Countries
:
For
,
as
the
Florentine
observes
,
If
a
Machiavel
on
his
Tit.
Liv.
C.
A
Prince
in
this
later
Age
lost
his
Country
but
for
a
load
of
Sheep
Skins
.
Man
be
exceedingly
offended
,
either
by
the
publique
,
or
by
any
other
private
hand
,
in
a
Forraign
Nation
,
and
cannot
obtain
reparation
according
to
Justice
,
he
will
never
leave
blowing
the
coals
,
or
cease
promoting
the
injury
,
till
the
flame
break
out
in
War
;
in
which
he
cares
not
if
he
sees
the
ruin
of
that
Kingdom
or
State
,
where
he
receiv'd
his
wrongs
.
Nor
should
the
Prince
or
State
of
the
Person
injur'd
,
value
his
misfortune
at
so
low
a
rate
,
as
to
deny
him
Letters
of
Request
;
for
that
were
to
heap
up
injury
upon
injury
,
but
likewise
if
Justice
be
deny'd
after
such
Request
,
to
Arm
him
with
power
to
take
satisfaction
by
Reprise
,
vi
manu
&
militari
.
Leg.
qui
restituere
.
de
rei
vindicat
.
Generally
there
always
preceeds
Letters
of
Request
,
2
or
3
,
more
or
less
;
and
according
to
the
satisfaction
,
sufficient
or
insufficient
,
returned
in
answer
to
the
same
,
Commissions
are
awarded
.
IX
.
Subjects
cannot
by
force
hinder
the
Execution
,
even
of
an
unjust
Judgement
,
nor
lawfully
pursue
their
right
by
force
,
by
reason
of
the
efficacy
of
the
power
over
them
:
But
Forraigners
have
a
right
to
compel
,
which
yet
they
cannot
use
lawfully
,
so
long
as
they
may
obtain
satisfaction
by
Judgement
.
But
if
that
ceases
,
then
Reprisal
is
let
in
.
Now
Judgement
is
obtained
either
in
the
ordinary
course
,
Res
judie
.
pro
veritate
habetur
;
yet
it
is
as
true
,
Judex
male
judicans
pro
injuria
tenetur
.
by
way
of
Prosecution
,
or
Suit
,
or
Appeal
from
the
same
,
after
Sentence
,
or
Judgement
given
to
a
higher
Court
;
or
else
in
the
Extraordinary
way
,
which
is
by
way
of
Supplication
,
or
Petition
to
the
Supream
Power
:
but
we
must
understand
that
to
be
,
when
the
matter
in
controversie
is
,
Et
cum
per
injuriam
Judicis
domino
r●…mquae
debitoris
non
fuisset
,
abstu
.
lisset
creditor
,
quasi
obligatum
sibi
;
&
quaeretur
,
an
soluto
debitor
restitui
eam
opporteret
;
debitori
Scaevola
restituendam
probavit
,
Leg.
scripturam
ss.
de
distr
.
pign
.
tam
quod
merita
qu●…m
quod
modum
praecedendi
;
not
doubtful
,
for
in
doubtful
matters
the
presumption
is
ever
for
the
Judge
,
or
Court
.
But
the
Reprisal
must
be
grounded
on
a
wrong
Judgement
,
given
in
matters
not
doubtful
,
which
might
have
been
redressed
one
way
or
other
;
either
by
the
ordinary
or
extraordinary
power
of
the
Country
or
place
;
and
the
which
was
apparently
perverted
,
or
deny'd
.
But
if
the
matter
be
doubtful
,
then
otherwise
;
for
in
causes
dubious
or
difficult
,
there
is
a
presumption
always
that
Justice
was
truly
administred
by
them
,
who
were
duely
elected
to
publick
Judgements
.
XI
.
And
yet
in
this
later
case
,
some
[
](A51124-e9640-b)*
*
Verus
debitor
licet
absolutus
,
sit
natura
tamen
debitor
permanet
.
Paulus
Leg.
Julia.
D
de
cond.
indebtor
.
who
are
of
opinion
,
that
if
the
cause
were
dubious
,
and
if
the
Judgement
were
against
apparent
right
,
the
Stranger
oppressed
,
is
let
into
his
satisfaction
;
and
the
reason
is
because
the
Judge's
authority
is
not
the
same
over
Forraigners
,
as
over
Subjects
,
for
the
reason
above
mentioned
.
If
an
English
Merchant
shall
prosecute
a
Suit
in
the
Ordinary
Courts
of
Law
beyond
Seas
,
and
Sentence
or
Judgement
shall
pass
against
him
,
from
which
he
appeals
to
the
Supream
Judgement
,
and
there
the
first
Judgement
or
Sentence
is
affirmed
,
though
the
Complainant
hath
received
a
Judgement
against
the
real
right
of
the
cause
,
yet
this
will
be
no
cause
for
Letters
of
Reprisal
,
though
perhaps
it
may
occasion
Letters
of
Request
(
if
there
be
strong
circumstances
for
the
same
)
to
have
a
rehearing
of
the
cause
.
But
if
an
English
Man
shall
recover
a
debt
there
,
and
then
the
Officer
,
having
the
debtor
in
custody
,
will
wilfully
let
the
Prisoner
escape
,
and
then
become
insolvent
;
the
same
may
perhaps
occasion
Reprisal
.
In
England
,
if
a
Forraigner
brings
an
Action
personal
against
I
S.
and
the
matter
is
found
special
,
or
general
,
and
Nulli
ve●…demus
,
nulli
negabimus
,
aut
differemus
Justitiam
,
Grand
Charter
.
Coke
2.
Inst.
56.
the
Party
prays
Judgement
,
and
the
Court
refuses
it
;
and
then
the
Deffendant
dyes
,
and
with
him
the
Action
,
(
the
nature
of
it
being
such
)
the
Party
is
here
without
remedy
,
the
same
may
occasion
Letters
of
Reprisals
,
if
it
be
accompained
with
those
circumstances
,
that
evince
an
apparent
denyal
of
Justice
,
i.
e.
as
putting
it
off
from
Term
to
Term
,
without
cause
.
An
English
Man
pursues
his
right
in
the
legal
Courts
beyond
Seas
;
and
the
Military
Governor
opposes
the
prosecution
,
and
by
force
conveys
away
the
debtor
and
his
Goods
,
the
Sentence
or
Judgement
is
obtained
,
its
ultimate
Case
of
Slaughter
,
Lee
against
the
Governor
of
Leighorn
upon
the
Petition
of
Gould
&
Canham
Merchants
in
Nov.
1670.
on
which
two
Letters
of
Request
are
gone
to
the
Great
Duke
of
Tuscany
,
for
redress
.
end
being
Execution
,
being
thus
frustrated
,
may
occasion
Letters
of
Reprisal
.
XII
.
Persons
murdered
,
spoiled
,
or
otherwise
dampnify'd
in
hostile
manner
,
in
the
Territories
or
places
belonging
to
that
King
,
to
whom
Letters
of
Request
are
issued
forth
,
if
no
satisfaction
be
returned
,
Letters
of
Reprisal
may
issue
forth
;
and
the
Parties
petitioners
are
not
in
such
cases
compelled
to
ressort
to
the
Ordinary
prosecution
:
But
the
Prince
of
that
Country
,
against
whom
the
same
are
awarded
,
must
repair
the
damage
out
of
his
or
their
Estates
,
who
committed
the
injuries
;
and
if
that
proves
deficient
,
it
must
then
fall
as
a
common
debt
on
his
Country
.
XIII
.
Such
Letters
of
Request
generally
allot
a
time
[
](A51124-e9950-b)*
*
after
the
Massacre
at
Amboyna
,
and
the
other
depredations
committed
by
the
Flemings
,
on
the
English
his
Majesty
in
1625.
issued
forth
his
Letters
of
Request
to
the
States
of
Holland
,
for
satisfaction
within
18
Months
;
otherwise
Letters
of
Reprisal
.
Vide
Journals
of
that
year
,
and
Leo
Aitzma
p.
48.
13.
41.
82.
certain
for
damages
,
to
be
repaired
,
if
not
Reprisals
to
issue
forth
.
XIV
.
It
is
not
the
place
of
any
Mans
Nativity
,
but
his
domicil
;
not
of
his
Origination
,
but
of
his
Habitation
,
that
●…bjects
him
to
Reprise
:
The
Law
doth
not
consider
so
much
where
he
was
Born
,
as
where
he
lives
,
not
so
much
where
he
came
into
the
World
,
as
where
he
improves
the
World
.
If
therefore
Letters
of
Reprisal
should
be
awarded
against
the
Subjects
of
the
Duke
of
Florence
,
and
a
Native
of
Florence
,
but
denizied
or
Naturalized
in
England
,
should
have
a
Ship
on
a
Voyage
for
Leighorn
,
if
a
caption
should
be
made
,
the
same
is
not
lawful
,
nor
can
the
same
be
made
prise
.
XV.
Nor
doth
it
any
where
appear
,
that
Reprisals
can
be
granted
on
misfortunes
happenning
to
Persons
or
their
Goods
,
residing
or
being
in
Forraign
parts
in
time
of
War
there
;
for
if
any
misfortune
happens
,
or
is
occasioned
to
their
effects
,
or
to
their
Persons
,
then
they
must
be
contented
to
sit
down
under
the
losse
;
it
being
their
own
faults
,
they
would
not
fly
or
relinquish
the
place
,
when
they
fore-saw
the
Country
was
subject
to
the
spoil
of
the
Souldiers
,
and
devastation
of
the
Conqueror
.
The
factions
of
the
Guelfs
and
Gibellins
in
Florence
,
warring
against
each
other
.
The
Guelfs
obtaining
the
Victory
,
Vid●…
Machiavel
History
of
that
War
.
and
thrusting
the
Gibellins
out
of
it
,
after
they
had
taken
the
City
.
Domum
cujusdam
Hugonis
de
Papi
in
hoc
Mich.
9.
E.
1.
Rott.
53.
(
in
Thesaur
.
Recept
.
Regis
in
Scac.
)
Coram
Rege
Florentia
.
Regno
Angliae
demorantae
diruerunt
,
and
plundred
his
Goods
therein
,
qui
Hugo
supplicavit
Dom.
Regi
,
ut
inde
Itali
Mercatores
(
of
that
faction
and
City
then
in
England
)
emendas
hic
sibi
facerent
;
upon
which
adjudicatum
fuit
;
quod
dicti
Mercatores
,
dicto
Hugoni
satisfaciant
pro
damnis
susceptis
,
&
destructione
domus
suae
:
upon
which
a
Writ
of
error
was
brought
,
and
the
Judgement
was
reversed
,
Vide
Rott
.
Vasconie
28.
E.
3.
Rott.
7.
pro
Rob.
Draper
&
aliis
Civibus
,
Corke
in
Hibernia
.
in
these
words
;
Quod
non
est
consuetudo
Angliae
de
aliqua
transgressione
facta
in
aliena
Regione
,
tempore
Guerrae
,
vel
alio
modo
,
consideratum
est
,
quod
totus
processus
&
ejus
effectus
provocentur
,
&c.
XVI
By
right
(
for
so
it
is
now
called
of
rendring
like
for
like
)
there
are
many
Persons
exempted
,
and
those
Rex
facisne
tu
Regium
Nuntium
Populi
Romani
Quirit
.
vaja
comitesque
meos
.
The
Embassadors
of
the
Romans
being
ill
,
used
by
the
Carthaginians
,
and
Scipio's
Army
having
surprized
the
Embassadors
of
the
Carthaginians
,
was
demanded
what
should
be
done
to
them
,
answered
,
not
as
the
Carthagineans
have
done
to
the
Romans
.
whose
Persons
are
so
priviledged
,
have
also
protection
for
their
Goods
,
some
by
the
Laws
of
Nations
,
some
by
the
Civil
Law
,
others
by
the
Common
Law
;
among
which
Embassadors
by
the
Laws
of
Nations
,
their
retinue
and
Goods
are
exempt
,
coming
from
him
,
who
awarded
the
Reprise
,
the
Laws
of
Nations
not
only
providing
for
the
Dignity
of
him
that
sends
,
but
likewise
the
security
going
and
coming
of
him
that
is
sent
.
Nor
against
those
that
travel
for
Religion
,
nor
on
Students
,
Schollars
,
or
their
Books
;
nor
on
Women
or
Children
,
by
the
Civil
Law
:
nor
those
that
travel
through
a
Country
,
staying
but
a
little
while
there
.
By
the
Canon
Law
,
Ecclesiastical
Persons
are
expresly
exempt
from
Reprisals
.
A
Merchant
of
another
place
then
that
against
which
Reprisals
are
granted
,
albeit
the
Factor
of
such
Goods
were
of
that
place
,
are
not
Subject
to
Reprisals
.
XVII
.
Ships
driven
into
Port
by
storm
or
stress
of
weather
,
have
an
exemption
from
the
Law
of
Reprisals
,
according
to
the
Jus
commune
;
but
by
the
Law
of
England
otherwise
,
unless
expresly
provided
for
in
the
Writ
,
or
Commission
.
But
if
such
Ship
flyes
from
his
own
Country
to
avoid
confiscation
,
or
some
other
fault
,
and
is
driven
in
by
stress
off
,
she
may
then
become
subject
to
be
prize
.
But
it
is
not
lawful
to
make
seizure
in
any
Ports
,
but
in
his
who
awarded
the
Reprisal
,
or
his
against
whom
the
same
issued
;
for
the
Ports
of
other
Princes
or
States
,
the
Peace
of
them
are
to
be
maintained
.
XVIII
.
[
](A51124-e10510-b)*
*
Vita
autem
Subditorum
innocentium
,
ut
ex
tali
causae
obligetur
,
sorte
creditum
fuit
apud
aliquo●…
Populos
eo
nimirum
quod
crederent
unicuique
hominum
jus
vitae
plenum
esse
in
se
,
&
ad
Rem
publicam
potuisse
transferri
,
quod
minime
esse
probabile
,
nec
savctiori
Theologiae
consentaneum
.
Grotius
de
Jure
belli
lib.
3.
cap.
2.
ss.
4.
And
seems
to
be
of
opinion
by
the
Law
of
Charity
,
that
the
prosecution
of
right
for
a
Man's
Goods
,
which
inevitably
must
be
by
the
life
of
Man
,
ought
to
be
omitted
.
Lib.
2
cap.
10.
Livy
lib.
2.
Ships
attaqued
by
those
that
have
Letters
of
Reprise
,
and
refused
to
be
yielded
up
,
may
be
assaulted
,
and
entered
;
and
though
it
may
fall
out
not
by
intention
,
but
by
accident
,
that
some
of
those
that
so
resist
,
may
happen
to
be
slain
,
yet
the
fault
will
lie
at
their
own
doors
,
for
hindering
the
execution
of
right
,
and
that
which
the
Law
most
justly
approves
of
.
XIX
.
This
right
of
changing
of
Dominion
,
is
so
odious
,
that
in
the
taking
of
Goods
,
if
by
any
possibility
the
right
Owners
may
have
restitution
,
the
same
has
been
done
;
and
though
a
larger
then
24
hours
may
happen
between
the
capture
and
recapture
,
and
so
may
pernoctare
with
the
Captor
;
yet
restitution
may
be
made
.
And
therefore
if
he
,
who
hath
Letters
of
Mark
or
Reprisal
,
takes
the
Ships
and
Goods
of
that
Nation
,
against
whom
the
same
are
awarded
,
and
brings
the
same
into
a
Neuter
Nation
,
the
Owners
may
there
seize
her
,
or
there
Bartol.
in
Leg.
si
quid
Bello
D.
de
cap.
Ang.
&
Salic
.
in
Leg.
ab
hostibus
,
C.
de
Capt.
Const.
Gall.
20.
tit
.
13.
Art.
24.
Consul
.
Maris
287.
Trin.
17.
Car.
I.
in
B.
R.
Marsh
Report
.
Res
qu
infra
Praesidia
perd●…ctae
,
nondum
sunt
quanquam
ab
hostibus
occupatae
,
Dominum
non
mutarunt
,
ex
Gentium
Jure
.
the
Admiral
may
make
restitution
by
Law
;
as
well
the
Ship
's
Goods
to
the
Owners
,
as
the
Persons
captives
to
their
former
liberty
;
for
that
the
same
ought
first
to
have
been
brought
infra
Praesidia
of
that
Prince
or
State
,
by
whose
Subjects
the
same
was
taken
.
And
wth
this
agrees
the
Common
Law
;
for
a
Dunkirker
having
taken
a
French
Vessel
,
sold
the
same
at
Weymouth
,
whether
it
had
been
driven
before
it
was
brought
infra
Praesidia
Dom.
Regis
Hisp.
it
was
in
such
case
rul'd
,
that
if
a
Ship
be
taken
by
Piracy
,
or
Letters
of
Mark
and
Reprisal
,
and
is
not
brought
infra
Praesidia
of
that
Prince
or
State
,
by
whose
Subject
the
same
was
taken
,
the
same
could
not
become
lawful
prise
,
nor
were
the
Owners
by
such
a
caption
divested
of
their
property
.
But
if
the
Caption
be
Ships
of
War
,
the
property
will
be
immediately
in
the
Captors
,
and
never
divested
,
unless
afterwards
vis
manu
&
forti
,
be
in
Battle
regained
.
XX.
Upon
the
sharing
the
Spoil
of
the
captivated
Ships
,
regard
is
had
to
the
Ships
present
,
not
the
Captors
only
;
for
his
reward
must
be
the
encouragement
of
his
Prince
,
like
the
Roman
Coronas
,
of
which
there
were
various
,
according
to
the
atchievement
of
the
Conqueror
,
in
imitation
of
which
our
Soveraign
in
his
Royal
encouraging
Medals
,
follows
the
example
,
to
his
deserving
Commanders
,
as
so
many
Ensigns
to
enflame
Noble
Souls
to
the
performing
Acts
of
Glory
and
Renown
.
I
say
the
profits
of
Prises
are
to
be
equally
divided
amongst
the
Ships
present
,
and
not
solely
to
the
Captor
;
for
if
Letters
of
Reprisal
are
granted
to
two
Ships
,
and
they
happen
both
of
them
at
Sea
to
meet
a
prise
,
and
the
one
attaques
and
enters
her
,
by
means
of
which
she
becomes
absolute
the
Conquerors
;
yet
the
other
hath
right
to
Mich.
32.
Eliz.
Somers
and
Sir
Ric.
Bulckleys
C.
Leonard
2.
part
181.
an
equal
distribution
with
the
Captor
,
both
in
Ship
and
Goods
,
although
he
did
nothing
in
the
Conquest
:
the
reason
is
,
for
although
he
mist
the
opportunity
of
taking
her
,
yet
the
presence
of
his
Vessel
armed
and
prepared
for
Battle
,
at
the
time
of
taking
,
became
a
terrour
to
the
Ship
that
was
so
conquered
:
And
by
the
Law
presumed
siue
ejus
,
that
the
other
Ship
would
not
or
could
be
so
taken
,
which
Law
hath
passed
the
current
,
and
approbation
of
the
Common
Law
,
as
reasonable
,
just
and
equitable
,
and
may
be
pretended
or
surmised
to
entitle
the
party
Captor
,
to
the
making
restitution
of
a
moyety
to
his
Companion
then
present
.
But
if
it
should
so
happen
,
that
those
to
whom
Letters
of
Mark
are
granted
,
should
instead
of
taking
the
Ships
and
Goods
of
that
Nation
,
against
whom
the
same
were
awarded
,
take
or
spoil
the
Goods
of
another
Nation
in
amity
,
this
would
amount
to
a
down-right
Piracy
.
And
Trin.
3.
Jac.
in
B.
R.
Rols
fo.
530.
the
Persons
offenders
should
for
such
fault
create
a
forfeiture
of
their
Vessel
,
and
the
Owners
must
be
for
ever
concluded
Sir
Francis
Moors
Rep.
1.
Jac:
waltham
,
vers
.
Mulgar
.
by
the
same
,
notwithstanding
such
Commission
.
XXI
.
Therefore
,
Letters
of
Mark
or
Reprisal
issue
not
without
good
and
sufficient
caution
,
first
given
for
the
due
observance
thereof
,
according
to
Law
;
the
transgression
of
which
creates
a
forfeiture
of
the
same
.
And
therefore
,
having
taken
a
prise
,
and
brought
the
same
intra
Praesidia
,
the
Captor
must
exhibite
all
the
Ship
Papers
,
and
captived
Marriners
to
be
examined
in
order
to
adjudication
,
till
when
,
Bulck
ought
not
to
be
broken
without
Commission
,
nor
may
the
Captain
of
the
Captor
suffer
an
imbezlement
of
the
lading
,
or
sell
Barter
3.
Eliz.
cap.
5.
or
dispose
of
any
part
,
without
Commission
;
for
the
King
hath
a
proportion
in
all
prises
.
Such
Goods
so
brought
in
,
are
not
subject
to
pay
12.
Car.
II
:
called
the
Act
of
Navigation
.
Customs
.
XXII
.
By
the
Law
of
Nations
,
ipso
facto
,
the
Dominion
of
the
things
taken
by
those
to
whom
Letters
of
Mark
are
granted
,
become
the
captors
,
till
the
debt
and
costs
,
that
is
the
original
dammage
and
subsequent
charges
are
satisfied
;
which
being
done
,
the
residue
ought
to
be
restored
:
So
the
Venetians
used
their
equity
,
having
taken
the
Ships
of
Genoa
,
did
not
spoil
any
of
the
lading
,
but
preserved
the
same
very
carefully
,
till
the
debt
being
pay'd
;
Gregorias
l.
〈◊〉
.
which
done
,
restitution
was
made
of
the
things
entirely
,
without
diminution
.
XXIII
.
When
for
the
fault
perhaps
of
a
few
,
a
debt
becomes
National
,
by
reason
of
which
the
Goods
of
the
Innocent
become
lyable
(
if
taken
for
satisfaction
)
whether
by
the
Law
of
England
,
the
Party
ought
to
have
Contribution
,
most
certain
by
the
Common
Law
,
where
more
are
bound
to
one
thing
;
and
yet
one
is
put
to
the
whole
burden
,
the
Party
may
have
process
called
Contributione
facienda
,
for
his
releif
:
but
when
a
debt
becomes
universal
or
National
,
it
seems
otherwise
,
For
if
one
lends
my
Fitz.
H.
N.
B.
fo.
162.
Old
.
N.
Bre
103.
Reg.
Orig.
fo.
176.
Country
mony
,
I
will
not
call
my self
debtor
,
yet
I
will
pay
my
share
:
[
](A51124-e11190-b)*
*
Seneca
Benef.
cap.
19.
so
it
may
seem
equitable
by
the
Laws
of
Charity
,
though
not
compellable
by
the
Laws
of
the
Land
.
XXIV
.
Yet
when
depradations
have
happened
to
Forraign
Merchants
,
and
complaint
hath
been
made
,
the
Kings
of
England
have
often
issued
forth
Commissions
to
enquire
of
the
same
:
and
so
it
was
done
upon
the
Petition
of
some
Merchants
of
Genoa
,
who
complain'd
against
the
Inhabitants
of
the
Isle
of
Garnsey
,
for
a
depradation
,
in
taking
away
and
detaining
their
Merchandize
and
Goods
,
to
the
value
of
many
thousands
of
pounds
,
out
of
a
Ship
Pat.
26.
E.
3.
pars
1.
M.
16.
Dorso
.
wracked
by
tempest
near
that
Isle
,
by
which
the
Commissioners
were
impowr'd
to
punish
the
offenders
,
and
to
make
restitution
satisfaction
for
the
dammages
.
The
like
complaint
was
made
by
the
Merchants
of
the
Duke
of
Britain
,
of
certain
depradations
committed
by
the
Subjects
of
the
King
of
England
,
who
issued
forth
Pat.
de
An.
6.
H.
5.
pars
.
1.
〈◊〉
M.
9.
Dorso
.
De
caeteris
personis
arrest
.
&
capiend
.
the
like
Commission
,
and
to
give
them
reparation
and
damages
for
the
same
;
so
that
if
the
Subjects
of
the
King
of
England
have
had
their
Goods
by
way
of
Reprise
for
the
satisfaction
of
such
debt
or
dammage
,
they
may
have
the
benefit
of
the
like
Commissions
,
to
lick
themselves
whole
out
of
the
estates
of
the
offenders
.
CHAP.
III.
Of
Privateers
or
Capers
.
-
I.
Of
Privateers
,
whether
allowable
by
the
Laws
of
Nature
.
-
II
Of
permission
of
such
by
the
Laws
of
Nations
.
-
III.
The
occasion
of
their
first
Institution
.
-
IV.
Whether
it
be
lawful
to
undertake
such
an
Employment
.
-
V.
Of
Commissions
generall
to
endamage
an
Enemy
.
-
VI.
Of
Commissions
special
and
to
Privateers
,
and
the
immunities
they
claim
by
the
same
.
-
VII
.
Of
the
care
that
obliged
on
the
issuing
forth
such
Commissisions
.
-
VIII
.
Of
provisions
made
as
in
reference
to
their
regulating
,
and
especially
the
last
Treaty
Marine
between
England
and
Holland
.
-
IX
.
Of
Goods
subject
to
prise
,
how
considered
in
reference
to
adjudication
general
.
-
X.
Of
the
Goods
considered
in
reference
to
adjudication
,
on
occasions
special
.
-
XI
.
Of
the
lading
made
prise
,
whether
it
draws
in
a
forfeiture
of
the
Vessel
,
and
where
otherwise
.
-
XII
.
Whether
Ships
refusing
to
yeild
up
to
such
,
life
is
engaged
.
-
XIII
.
Privateers
where
subject
to
punishment
,
and
their
actions
occasion
a
forfeiture
of
their
Vessel
.
-
XIV
.
Of
things
not
subject
to
spoil
.
-
XV.
Considerations
general
on
Privateers
.
1.
NAturally
every
one
may
vindicate
his
own
right
,
Leg.
servus
.
〈◊〉
.
de
Serv.
export
DD.
ad
Leg.
si
quis
in
servitutem
.
D.
de
fur
.
Leg.
prohib
.
c.
de
Jure
Fisci
.
therefore
were
our
hands
given
us
:
but
to
profit
another
in
what
we
can
,
is
not
only
lawful
,
but
commendable
;
since
nothing
is
more
servicerble
to
Man
,
then
Man
:
now
there
are
divers
obligations
between
Men
,
which
engage
them
to
mutual
aid
;
for
Kinsmen
assemble
and
bring
help
,
and
Neighbors
are
call'd
upon
,
and
fellow
Citizens
;
for
it
behoves
every
one
either
to
take
armes
for
himself
,
if
he
hath
receiv'd
injury
,
or
for
his
Kindred
,
or
for
his
Benefactors
,
or
to
help
his
fellows
,
if
they
be
wrong'd
:
And
Solon
taught
,
that
Common-wealths
would
be
happy
,
wherein
every
one
would
think
anothers
injuries
Bartol.
in
Leg.
ut
vim.
D.
de
just
&
Jure
n.
7.
&
8.
to
be
his
own
.
But
when
War
is
denounc't
,
it
matters
not
what
obligations
are
wanting
,
it
is
enough
the
Nation
is
injur'd
in
general
;
for
in
that
every
individual
is
wrong'd
,
and
all
participate
in
the
indignities
and
public
damages
of
his
Country
;
to
revenge
or
prevent
which
,
is
the
duty
of
every
member
of
the
same
.
II.
Since
therefore
it
is
not
against
the
Law
of
nature
to
spoil
him
,
whom
it
is
lawful
to
kill
,
no
wonder
that
the
Laws
of
Nations
permitted
the
Goods
and
Ships
of
enemies
Cicero
Offic.
3.
to
be
spoiled
,
when
it
suffered
their
Persons
to
be
slain
.
III.
The
approbation
of
which
in
the
Wars
of
later
Ages
,
hath
given
occasion
to
Princes
to
issue
forth
Commissions
The
Son
of
Cato
Censorius
,
having
served
as
a
private
Soldier
of
pay
under
Pompilius
,
the
Legion
being
disbanded
,
the
Young
Man
was
resolved
to
remain
with
the
Army
,
though
but
a
Volunteer
;
Cato
wrote
to
Pompilius
the
General
,
that
he
should
give
him
an
Oath
the
second
time
;
giving
this
reason
,
Quia
priore
amisso
;
jure
cum
hostibus
pugnare
non
poterat
:
Cicero
sets
down
the
very
words
of
Cato
to
his
Son
,
whereby
he
admonisheth
him
not
to
enter
into
Battle
;
Neque
enim
jus
esse
qui
miles
non
sit
pugnare
cum
hoste
,
Cic.
Offic.
1.
to
endamage
the
enemy
in
their
Commerce
,
and
to
prevent
such
supplyes
as
might
strengthen
or
lengthen
out
War
,
to
persons
to
whom
the
prise
or
caption
become
absolute
the
Captors
,
and
that
to
prevent
the
spare
of
Ships
of
force
to
be
absent
from
their
respectives
Squadrons
or
Fleets
.
By
those
of
Holland
were
termed
Capers
,
by
the
Spaniard
they
had
their
denomination
,
from
their
respective
parts
,
as
Ostenders
,
Dunkirkers
,
and
the
like
,
in
England
call'd
Privateers
;
how
far
the
actions
of
those
as
in
relation
to
the
attacking
and
killing
of
the
enemy
,
or
spoiling
of
their
Ships
and
Goods
are
lawful
,
not
being
commanded
nor
hired
thereto
,
may
be
some
question
.
IV.
By
the
Laws
of
Nations
(
as
hath
been
said
)
it
is
lawful
for
every
Subject
of
that
Nation
in
War
,
to
seize
upon
the
enemies
Goods
and
Ships
,
as
also
to
kill
them
;
for
they
are
after
War
denounc't
by
Law
,
lookt
upon
as
of
no
account
,
and
if
respect
be
had
to
natural
and
internal
right
,
it
seems
granted
to
every
one
in
a
just
War
,
to
do
those
things
,
which
he
is
confident
within
the
just
measure
of
warring
,
be
advantageous
to
the
innocent
party
;
but
though
there
may
be
such
authority
given
,
yet
what
tittle
can
they
claim
or
appropriate
to
themselves
of
the
Ships
or
Goods
of
enemies
(
for
surely
there
is
nothing
owing
to
such
,
nor
are
they
lawfully
call'd
to
the
same
:
)
unless
they
can
shrowd
themselves
under
the
protection
of
what
they
do
,
is
only
to
exact
punishment
from
the
enemy
,
by
the
Common
right
of
Men.
V.
Commissions
to
kill
or
spoil
the
enemy
,
are
in
two
respects
;
either
General
or
Special
:
General
as
in
a
tumult
;
among
the
Romans
,
the
Consul
said
,
Whosoever
would
have
the
Common-wealth
safe
,
let
him
follow
me
;
and
to
all
particular
Subjects
is
sometimes
granted
a
right
of
killing
in
self-defence
,
when
it
is
publickly
expedient
,
as
on
a
sudden
occasion
,
and
the
like
.
VI.
Special
Commissions
,
be
such
as
are
granted
to
those
that
take
pay
,
and
are
under
Orders
;
the
not
obeying
of
which
may
be
punished
with
death
,
though
Leg.
Desertorem
.
D.
de
rei
milit.
the
act
succeeds
well
.
Others
to
repair
a
particular
dammage
by
way
of
Reprise
,
C.
Quando
liceat
unicuique
,
Leg.
1
&
2.
the
original
dammage
being
turn'd
into
a
National
debt
,
but
that
satisfy'd
the
other
determines
,
or
else
to
those
who
receive
no
pay
,
but
go
to
War
at
their
own
charge
;
and
that
which
is
more
,
administer
at
their
own
▪
costs
a
part
of
the
War
,
by
providing
Ships
of
force
,
and
all
other
military
provisions
to
endammage
the
enemy
or
their
Confederates
,
the
which
are
termed
Privateers
,
&c.
as
above
,
to
whom
instead
of
pay
is
granted
leave
to
keep
what
they
can
take
from
the
enemy
;
and
though
such
Licence
is
granted
them
,
yet
may
they
not
convert
of
their
own
head
to
their
private
use
those
prises
,
before
the
same
have
been
by
Law
adjudged
lawful
to
the
Captors
,
and
the
Admiral
had
his
share
.
VII
.
Nor
may
such
Privateers
artempt
any
thing
against
the
Laws
of
Nations
,
as
to
assault
or
endammage
an
enemy
in
the
Port
or
Heaven
,
under
the
protection
of
any
Prince
or
Republick
,
be
he
Friend
,
Ally
or
Neuter
,
for
the
peace
of
such
Places
must
be
kept
inviolably
.
Sir
Kenelme
Digby
having
obtain'd
a
Commission
against
the
French
,
who
being
in
the
Streights
,
was
every
where
honoured
as
a
Cavalier
whom
the
King
of
Great
Britain
favoured
;
in
his
Voyage
he
took
some
prises
and
coming
to
Algier
,
redeemed
several
Captives
,
whom
he
took
aboard
,
and
placed
in
the
several
Vessels
he
had
made
prise
of
,
the
which
he
so
effected
,
that
in
a
short
time
he
became
Illustrissimo
of
six
Ships
of
War
;
coming
to
Cape
Congare
,
ten
leagues
from
Scanderoone
,
and
having
sent
a
Boat
to
descry
the
road
,
word
being
brought
that
there
were
in
the
road
two
Venetian
Galeasses
,
with
two
other
Galeons
,
two
English
Ships
,
and
several
French
Ships
;
Sir
Kenelme
being
satisfy'd
of
the
prise
,
resolved
to
attaque
them
the
next
Morning
,
although
the
Admiral
of
the
Venetians
having
declared
himself
protector
of
the
French
,
and
that
he
would
destroy
all
the
English
Ships
of
War
that
he
should
meet
,
either
in
that
Republick
or
Grand-Seigniors
Seas
.
Sir
Kenelme
notwithstanding
,
resolv'd
to
engage
them
,
and
accordingly
bore
up
to
them
,
and
the
Venetian
General
weighed
anchor
to
meet
him
;
Sir
Kenelme
before
he
fired
,
sent
a
Satty
,
to
inform
the
Venetian
of
his
Quality
,
and
of
his
Commission
,
being
only
to
endeavour
to
make
prise
of
the
French
,
This
matter
was
highly
debated
at
the
Councel
board
on
the
complaint
that
of
Landy
then
Embassador
for
that
Republique
,
at
London
an.
1629.
Vide
Hist.
Republic
.
Venet.
fo.
170.
and
giving
him
all
the
assurance
possible
of
his
friendship
and
respect
to
the
Republique
;
but
before
the
Satty
was
answer'd
,
the
engagement
was
begun
by
the
English
,
French
and
Venetian
:
This
action
of
Sir
Kenelme
Digby
,
was
question'd
by
the
Turk
;
for
that
hostility
had
been
committed
by
the
English
in
the
Grand-Seignior
road
,
and
thereupon
the
Bassa
of
Alleppo
,
and
Cady
of
Scanderoone
,
made
an
Avenia
or
Embargoe
on
the
English
Merchants
,
till
reparation
was
made
,
for
the
breaking
the
peace
of
the
Port.
VIII
.
In
the
granting
of
such
private
Commissions
,
there
is
alwaies
great
care
to
be
had
and
taken
by
caution
,
to
preserve
the
leagues
of
our
Allies
,
Neuters
and
Friends
,
according
to
their
various
and
several
Treaties
;
and
therefore
at
this
day
by
the
late
Treaty
between
His
Majesty
and
the
States
of
Holland
at
London
,
before
any
Privateer
or
Caper
can
receive
Commission
,
the
Commander
is
oblidged
to
enter
before
a
competent
Judge
,
good
and
sufficient
security
by
able
and
responsible
Men
,
who
have
no
part
or
interest
in
such
Ship
,
in
1500
l.
Sterling
,
or
15500
Gilders
;
and
when
they
have
above
one
hundred
Treaty
Marine
at
Lond.
1.
of
Decemb.
1674.
In
the
Commission
must
always
be
mentioned
that
they
have
given
such
security
.
and
fifty
Men
,
then
in
3000
l.
or
33000
Gilders
,
that
they
will
give
full
satisfaction
for
any
dammage
or
injuries
,
which
they
shall
commit
in
their
courses
at
Sea
contrary
to
that
Treaty
,
or
any
other
Treaty
made
between
His
Majesty
and
that
State
,
and
upon
pain
of
Revocation
and
annullity
of
their
Commissions
,
and
for
answering
of
such
dammage
or
injuries
,
as
they
shall
do
,
the
Ship
is
made
lyable
.
IX
.
If
a
Suit
be
commenced
between
the
Captor
of
a
Prise
and
the
Claimer
,
and
there
is
a
Sentence
or
a
Decree
given
for
the
party
reclaiming
;
such
Sentence
or
Art.
13.
Decree
(
upon
security
given
)
shall
be
put
in
execution
,
These
Articles
for
their
excellency
are
fit
to
be
a
Standard
to
all
the
Nations
of
Europe
.
Art.
14.
not
withstanding
the
Appeal
made
by
him
that
took
the
prise
,
which
shall
not
be
observed
in
case
the
Sentence
shall
be
given
against
the
Claimers
;
if
torture
,
cruelty
or
barbarous
usage
happens
after
a
caption
to
be
done
to
the
persons
taken
in
the
prise
,
the
same
shall
ipso
facto
discharge
such
a
prise
,
although
she
was
lawful
,
and
the
Captains
shall
loose
their
Commissions
,
and
both
they
and
the
offenders
be
subjected
to
punishment
.
X.
Such
sort
of
instruments
having
made
a
caption
of
In
hostium
esse
partibus
,
qui
ad
bellum
necessaria
hoste
administrat
.
Consulat
.
Maris
editus
est
Lingua
Italica
,
in
quem
relate
sunt
constitutiones
Imperatorum
Graeciae
,
&c.
cujus
libr●…
tit.
276.
Ships
bound
for
an
enemy
from
Nations
Neuter
,
or
in
amity
with
both
the
warring
States
;
the
lading
in
order
to
be
made
prise
,
is
reduced
to
these
3
several
heads
.
First
,
those
Goods
that
are
fit
to
be
used
in
War
,
under
which
are
included
Powder
,
Shot
,
Guns
,
Pikes
,
Swords
,
and
all
other
instruments
and
provisions
of
armature
fit
to
be
used
in
the
Feild
or
at
Sea
.
The
second
,
are
those
things
that
may
be
used
in
time
of
War
and
out
of
War
,
as
Money
,
Corn
,
Victuals
,
Ships
,
and
the
like
.
And
the
last
are
those
Goods
,
that
are
only
fit
for
luxury
and
pleasure
.
XI
.
The
first
are
accounted
prise
without
controversy
;
He
is
to
be
accounted
an
enemy
,
that
supplyes
an
enemy
with
things
necessary
for
the
War
.
The
second
is
to
be
governed
according
to
the
State
and
condition
of
the
War
;
for
if
a
Prince
cannot
well
defend
himself
,
or
endammage
the
enemy
,
without
intercepting
Cambden
an
,
1791.
by
the
fourth
Article
at
the
Treaty
at
Lond.
1674
,
those
Goods
that
may
be
used
out
of
war
as
in
war
,
(
exceptShips
)
may
not
upon
any
account
be
call'd
prohibited
,
nor
subject
to
a
condemnation
,
except
carry'd
to
Places
besieged
.
Art.
4.
See
John
Meursius
his
Danish
History
concerning
the
Prohibiting
of
Goods
by
those
Northern
State
.
Vide
postea
,
the
Grand
prise
condemned
by
Queen
Elizabeth
in
tit
.
Customs
.
of
such
things
,
necessity
will
then
give
a
right
to
the
condemnation
:
And
so
Queen
Elizabeth
did
the
Hansiatique
Fleet
taken
,
laden
with
Corn
for
Lisbon
,
upon
consideration
of
the
state
of
the
War
,
the
same
became
prise
.
The
last
become
free
,
according
to
that
of
Seneea
;
I
will
not
help
him
to
Money
to
pay
his
Guards
;
but
if
he
shall
desire
Marbles
and
Robes
,
such
things
hurt
not
others
,
only
they
minister
to
his
luxury
:
Souldiers
and
Armes
I
will
not
supply
him
with
;
if
he
shall
seek
for
Players
and
recreations
to
soften
his
fierceness
,
I
will
gladly
〈◊〉
to
him
:
Ships
of
War
I
would
not
send
him
,
but
such
〈◊〉
for
pleasure
and
ostentation
of
Princes
sporting
in
the
S●…
,
I
will
not
deny
.
XII
.
If
a
Privateer
take
a
Ship
laden
wholly
with
And
Persons
so
attempting
to
releive
an
enemy
,
may
in
some
cases
be
punished
;
but
if
the
same
be
done
by
necessity
of
obedience
,
though
the
parties
are
much
to
be
blamed
,
yet
are
they
not
to
be
punished
;
and
so
it
was
with
those
which
releived
Sir
John
Old-Castle
,
with
provisions
,
being
taken
,
were
discharged
.
counterband
Goods
,
both
Ships
and
Goods
may
be
subjected
,
and
made
prise
.
But
if
part
be
prohibited
Goods
,
and
the
other
part
are
not
prohibited
,
but
such
as
according
to
the
necessity
of
the
War
shall
be
so
deemed
,
the
same
may
draw
a
By
the
7.
Article
in
the
Treaty
at
London
,
if
the
Skipper
will
deliver
out
the
prohibited
Goods
,
the
Ship
may
proceed
with
the
rest
in
their
Voyage
or
course
,
as
they
please
,
and
the
Ship
shall
not
be
brought
into
Port.
consequential
condemnation
of
Ships
,
as
well
as
lading
.
If
part
of
the
lading
are
prohibited
,
and
the
other
part
are
meerly
luxurious
and
for
pleasure
,
only
the
Goods
prohibited
become
prise
,
and
the
Ships
and
the
remainder
become
free
,
and
not
subject
to
infection
.
XIII
.
If
such
Ships
shall
be
attaqued
in
order
to
an
Nec
reus
est
mortis
alienae
,
inquit
Augustinus
,
qui
sui
possessioni
murorum
ambitum
circumduxit
:
si
aliquis
ex
ipsorum
usu
percussus
intereat
.
Publ.
Epist.
154.
examination
,
and
shall
refuse
,
they
may
be
assaulted
,
like
a
house
supposed
to
have
Theeves
or
Pyrats
in
it
,
refuses
to
yeild
up
their
Persons
,
may
be
broke
up
by
the
Officer
,
and
the
Persons
resisters
may
be
slain
.
XIV
.
But
if
any
of
these
Privateers
wilfully
commit
any
spoil
,
depradations
or
any
other
injuries
,
either
on
the
Ships
of
our
Friends
or
Neuters
,
or
on
the
Ships
or
Goods
of
our
own
Subjects
,
they
will
notwithstanding
Leg.
5.
de
N●…viul
.
C.
lib.
3.
Trin.
3
Jac.
in
B.
R.
Rolls
5.
p.
Abridg.
f.
530.
they
are
not
in
pay
,
be
subjected
in
some
cases
to
death
and
other
punishments
,
according
to
the
demerits
of
their
crimes
,
and
perhaps
may
subject
their
Vessel
to
forfeiture
.
And
though
by
the
Law
of
Nature
the
Goods
of
enemies
are
to
be
spoiled
as
well
as
their
Persons
slain
,
yet
some
Goods
and
things
seem
exempted
,
and
ought
not
to
be
spoiled
,
and
therefore
it
is
not
lawful
to
land
on
the
territories
of
our
enemies
to
spoil
places
dedicated
to
God
:
though
Pomponius
observes
,
when
Places
are
taken
by
Pompon
.
Leg.
cum
loca
D.
de
Religiosis
.
Tacitus
Anal.
13.
the
enemy
,
all
things
cease
to
be
Sacred
,
the
reason
given
is
,
because
the
things
which
are
call●…d
sacred
,
yet
are
they
not
indeed
exempted
from
humane
uses
,
but
are
publique
.
The
Townsmen
,
saith
Tacitus
,
opening
their
gates
,
submitted
themselves
and
all
they
had
to
the
Romanes
,
Wars
and
Victories
most
part
consist
in
taking
and
overthrowing
Cities
,
which
work
is
not
done
without
injury
of
the
Gods
,
the
walls
of
Cities
and
Temples
of
the
Gods
partake
in
the
same
ruin
,
the
Citizens
and
Priests
equally
slaughtered
;
nor
is
the
rapine
of
sacred
riches
and
prophane
unlike
:
so
many
are
the
sacriledges
of
the
Romans
as
their
Trophies
,
so
many
are
their
Triumphes
over
Gods
and
Nations
:
and
then
goes
further
,
Tot
manubiae
quot
manent
adhuc
simulachra
captivorum
deorum
.
Mox
&
bene
,
quod
si
quid
adversi
urbibus
accidit
,
●…dem
clades
Templorum
quae
&
moenium
suerant
.
Even
upon
the
same
reason
,
that
the
instruments
of
Husband-men
are
not
to
be
taken
for
a
pledge
by
the
Civil
nor
Common
Law
.
Leg.
exeunt
.
C.
quae
res
pign
.
Coke
sup.
Littleton
47.
themselves
,
were
spared
,
the
Town
was
fired
,
Pompey
entered
the
Temple
by
the
right
of
Victory
,
not
as
a
suppliant
,
but
as
a
Conqueror
:
and
though
that
priviledge
may
seem
right
by
the
Law
of
War
to
a
Soveraign
,
or
a
General
,
that
intends
a
Conquest
,
yet
that
power
may
not
seem
devolved
to
him
,
whose
Commission
is
cautionally
to
endammage
the
enemy
only
,
as
in
reference
to
his
commerce
and
provisions
of
enabling
them
to
withstand
the
War
:
Certainly
,
that
conquest
is
poor
,
whose
Trophies
and
Triumphs
are
made
up
with
Roofs
,
Pillars
,
Posts
,
Pulpits
and
Pews
,
and
the
spoil
of
Agriculture
.
Hence
it
is
that
at
this
day
,
the
King
of
France
in
Germany
and
Holland
,
accepts
of
Contributions
,
by
which
the
Cities
and
Churches
are
not
olny
spared
;
but
even
the
Country-men
plough
and
sow
as
quietly
as
if
there
were
no
Armies
in
their
Territories
at
all
.
XV.
Most
certain
,
those
sorts
of
Capers
or
Privateers
,
being
Instruments
found
out
but
of
latter
Ages
,
and
it
s
well
known
by
whom
it
were
well
they
were
restrained
by
consent
of
all
Princes
;
since
all
good
Men
account
them
,
but
one
remove
from
a
Pyrat
who
without
any
respect
to
the
cause
,
or
having
any
injury
done
them
,
or
so
much
as
hired
for
the
service
spoil
Men
and
Goods
,
making
even
a
trade
and
calling
of
it
,
a
midst
the
calamities
of
a
War
.
and
driving
a
commerce
and
mart
with
the
spoil
,
and
that
with
as
much
peace
and
content
,
as
if
they
had
never
heard
of
tears
,
blood
,
wounds
or
death
,
or
any
such
thing
:
such
to
expose
their
lives
against
Ships
of
the
like
kind
,
were
both
honourable
and
just
,
or
those
that
should
aid
the
enemy
with
Goodsprohibited
as
afore
,
such
prises
were
possessions
most
noble
;
but
the
Goods
,
Ships
and
lives
of
the
innocent
peaceable
traders
to
be
exposed
to
rapine
and
spoil
,
renders
them
worse
then
the
Roman
Lictors
,
by
how
much
't
is
to
kill
without
cause
,
Heads
Men
executing
the
guilty
,
they
the
guiltless
.
It
was
a
high
necessity
that
enforced
the
English
to
commissionate
such
,
the
number
of
her
then
enemies
,
covering
the
Sea
,
like
the
Aegyptian
locusts
;
it
were
well
they
were
rejected
by
consent
,
or
if
allow'd
off
,
not
subject
to
Quarter
,
when
taken
by
Ships
of
War
:
A
trade
that
St.
Paul
never
heard
of
,
when
he
said
,
Who
goeth
to
War
at
his
own
charge
?
〈◊〉
.
Cor.
9.
7.
CHAP.
IV.
Of
Pyracy
.
-
I.
Pyrats
what
?
-
II.
Of
the
duty
incumbent
on
Princes
and
States
,
as
in
reference
to
such
,
and
whether
lyable
for
the
dammages
they
commit
.
-
III.
Pyrats
where
they
hold
a
so
ciety
,
how
the
is
same
esteemed
in
Law
,
and
of
equality
held
by
them
.
-
IV.
Where
such
may
obtain
the
right
of
legation
.
-
V.
Ships
where
lyable
for
the
redemption
of
the
Master
,
who
remains
as
a
pledge
for
the
freedom
of
the
Ship
and
lading
,
and
where
not
.
-
VI.
An
oath
given
for
the
discharge
of
a
Ship
from
Pyrats
to
pay
them
a
summe
,
whether
the
same
ought
to
be
performed
.
-
VII
.
Forraigners
spoiled
by
English
Pyrats
may
,
p●…rsue
for
Justice
,
within
the
Stat.
of
28
H.
8.
-
VIII
.
Where
the
subjects
of
a
Forraign
Nation
committing
Pyracy
may
be
punished
for
the
same
.
and
,
-
IX
.
Pyracy
committed
by
the
subjects
of
a
Nation
in
enmity
with
the
Crown
of
England
,
whether
the
same
is
Pyracy
,
or
otherwise
punishable
.
-
X.
Pyracy
committed
in
the
British
Seas
,
properly
punishable
by
the
Crown
of
England
,
and
not
otherwise
.
-
XI
.
Pyracy
committed
on
the
Ocean
where
the
Pyrats
may
be
executed
by
the
Laws
of
Nature
.
-
XII
.
Pyrats
overcome
in
the
attempt
,
where
the
Captors
may
execute
them
without
any
Tryall
or
Judgement
.
-
XIII
.
Pyrats
attempting
,
to
rob
commit
a
murder
,
whether
all
are
principal
,
or
only
the
slayer
,
and
the
rest
accessories
.
-
XIV
.
If
the
subjects
of
one
Forraign
Nation
rob
another
,
and
bring
the
booty
into
England
,
whether
the
party
injured
may
proceed
Criminaliter
for
punishment
,
and
Civiliter
for
restitution
.
-
XV.
Pyrat
takes
only
Men
;
and
no
part
of
the
lading
,
whether
the
same
be
Pyracy
.
-
XVI
.
Where
a
Master
may
commit
Pyracy
of
those
things
that
are
committed
to
his
charge
,
and
where
otherwise
.
-
XVII
.
Where
Pyracy
may
be
,
though
there
be
nothing
taken
;
and
where
Goods
are
taken
out
of
a
Ship
,
and
no
body
in
it
.
-
XVIII
.
The
Captain
and
Crew
of
a
Vessel
,
that
have
a
Commission
of
reprise
commit
Pyracy
,
whether
he
that
procured
the
same
and
imployed
them
,
ought
to
answer
the
damage
.
-
XIX
.
Of
Goods
taken
and
retaken
by
a
Friend
,
whether
the
property
of
the
prise
is
altered
.
-
XX.
Of
Restitution
made
of
Goods
taken
and
retaken
from
a
Pyrat
,
by
the
Law
Maritime
.
-
XXI
.
Of
Restitution
frustrated
by
the
Common
Law
.
-
XXII
.
Of
Pyracy
as
in
reference
to
matterscriminal
,
and
how
punishable
this
day
by
the
Laws
in
England
.
-
XXIII
.
How
the
Stat.
of
28
H.
8.
operates
,
as
in
reference
to
Pyracies
.
-
XXIV
.
Whether
depradation
in
Ports
within
the
Realm
.
remains
Robbery
at
the
Common
Law
,
or
Pyracy
by
the
Law
Maritime
.
-
XXV
.
Where
benefit
of
Clergy
is
allowable
to
Pyrats
,
and
where
not
;
and
whether
by
the
pardon
of
all
selonies
,
Pyracy
is
included
.
-
XXVI
.
Whether
attainder
for
Pyracy
works
a
corruption
of
Blood
,
and
forfieture
of
Lands
.
-
XXVII
.
Goods
taken
at
Sea
and
brought
to
Land
,
the
parties
may
be
indicted
upon
the
Stat.
of
.
28
H.
8.
cap.
15.
-
XXVIII
.
Where
the
Admiralty
claiming
with
an
original
or
a
concurrent
Jurisdiction
,
the
Common
Law
will
not
intermeddle
.
-
XXIX
.
How
satisfaction
of
old
was
repaired
to
persons
robbed
,
and
how
the
offenders
were
punished
.
I.
A
Pyrat
is
a
Sea
Thief
,
or
Hostis
humani
generis
,
who
for
to
enrich
himself
,
either
by
surprise
or
open
force
,
sets
upon
Merchants
and
others
trading
by
Sea
,
ever
spoiling
their
lading
,
if
by
any
possibility
they
can
get
the
mastery
,
sometimes
bereaving
them
of
their
lives
,
and
sinking
of
their
Ships
;
the
actors
wherein
Tully
calls
Enemies
to
all
,
with
whom
neither
Faith
nor
Oath
is
to
be
kept
.
II.
By
the
Laws
of
Nature
Princes
and
States
are
responsible
for
their
neglect
,
if
they
do
not
provide
Ships
of
War
and
other
remedies
for
the
restraining
of
these
sort
of
Robbers
;
but
how
far
they
are
bound
either
by
the
Civil
Law
or
Common
Law
of
this
Kingdom
,
may
be
some
question
:
for
it
is
agreed
they
are
not
the
cause
of
the
unjust
spoil
that
is
committed
by
them
,
nor
do
they
partake
in
any
part
▪
of
the
plunder
;
but
if
a
Prince
or
State
should
send
forth
Ships
of
War
or
Commissions
for
If
the
offenders
could
be
found
,
they
ought
to
be
yeilded
up
to
Justice
;
and
if
they
have
any
Estate
,
the
s●…me
ought
to
go
towards
the
reparation
of
the
dammage
.
reprise
,
and
those
instead
of
taking
prises
from
the
Enemy
,
turn
Pyrats
,
and
spoil
the
subjects
of
other
Friends
;
there
has
been
some
doubt
,
whether
they
ought
not
to
make
satisfaction
to
the
parties
injured
,
in
case
the
offenders
should
prove
unable
:
surely
there
is
no
more
reason
for
this
latter
then
the
first
;
for
seeing
Princes
and
States
may
give
all
their
subjects
power
to
spoil
the
Enemy
;
nor
is
such
a
Permission
any
cause
why
dammage
was
done
to
our
Friends
,
when
even
private
Men
without
any
such
Permission
,
might
send
forth
Ships
of
War
;
besides
Caution
is
commonly
taken
upon
the
giving
forth
of
such
Commissions
to
prevent
the
same
,
if
possible
.
They
are
generally
restrained
by
Proclamation
when
a
War
breaks
forth
,
and
commanded
,
that
none
presume
to
set
forth
,
without
a
Commission
.
it
is
impossible
that
Princes
or
States
should
foresee
,
whether
they
would
prove
such
or
not
;
nor
can
it
be
avoided
,
but
we
must
imploy
such
,
otherwise
no
Army
or
Fleet
could
be
prepared
;
neither
are
Kings
to
be
Constit
Galliae
tom.
3
tit.
3.
constitutione
●…nni
1583.
cap.
44.
Vide
etiam
tom
.
conconstit
.
3
tit.
2
constit
.
Anni
154●…
.
cap.
44.
Vide
2●…
.
Art
.
at
the
Treaty
at
Breda
between
England
and
Holland
,
and
the
15.
Article
in
the
Marine
Treaty
at
Lond.
1674.
accused
if
their
Souldiers
or
Mariners
wrong
their
Confederates
,
contrary
to
their
commands
,
though
they
are
oblidged
to
punish
and
yeild
up
the
offenders
,
and
to
see
that
legal
reparation
be
made
out
of
the
Estate
of
the
Pyrats
:
If
Letters
of
Marque
or
Reprizal
be
granted
out
to
a
Merchant
,
and
he
furnishes
out
a
Ship
with
a
Captain
and
Mariners
,
and
they
instead
of
taking
the
Goods
or
Ships
of
that
Nation
against
whom
their
Commission
is
awarded
,
take
the
Ship
and
Goods
of
a
Friend
,
this
is
Pyracy
;
and
if
the
Ships
arrive
in
*
England
,
or
in
any
other
of
His
Majesties
Dominions
,
the
same
shall
be
seized
,
and
the
owners
for
ever
loose
their
Vessel
.
[
](A51124-e13930-b)†
†
Trin.
7.
Jac.
in
B.
R.
Rolls
f.
530.
Vide
Sir
Francis
M●…ores
Reports
,
1
Jac.
Waltham
versus
Mulgar●…
From
hence
it
is
,
that
Princes
and
States
are
very
cautious
upon
this
we
call
Jure
Belli
privati
,
how
they
engage
themselves
,
or
those
who
seek
reparation
for
wrongs
before
received
;
for
the
person
injured
governs
not
the
action
,
but
devolves
the
power
to
some
other
hired
for
that
particular
use
,
whose
Law
is
no
more
then
this
,
There
is
most
right
where
is
most
pay
or
prize
:
Unhappy
state
of
Man
,
whose
support
and
living
is
maintained
only
by
exposing
himself
to
death
,
a
Calling
that
nothing
can
make
it
honest
,
but
the
highest
necessity
or
pious
charity
.
And
therefore
those
that
issue
forth
such
sort
of
Commissions
,
generally
take
caution
for
their
returning
within
a
convenient
time
,
and
not
to
wander
in
that
unhappy
condition
.
III.
Though
Pyrats
are
called
enemies
,
yet
are
they
not
properly
so
termed
:
For
he
is
an
enemy
,
saies
Cicero
,
who
hath
a
Common-wealth
,
a
Court
,
a
Treasury
,
consent
Leg.
Hostes
de
verb.
signif.
and
concord
of
Citizens
,
and
some
way
,
if
occasion
be
of
Peace
and
League
;
and
therefore
a
Company
of
Pyrats
or
Freebooters
are
not
a
Common-wealth
,
though
perhaps
they
may
keep
a
kind
of
equallity
among
themselves
,
without
which
no
Company
is
able
to
consist
;
and
though
Leg.
Hostis
de
Captivis
.
it
is
seldom
they
are
without
fault
,
yet
hold
society
to
maintain
right
,
and
they
do
right
to
others
,
if
not
in
all
things
according
to
the
Law
of
Nature
(
which
among
many
people
is
in
part
obliterated
)
at
least
according
to
agreements
made
with
many
other
Nations
;
or
according
to
Custom
:
So
the
Greecks
at
what
time
it
was
accounted
lawful
to
take
spoil
at
Sea
,
abstained
from
slaughter
,
and
populations
,
and
from
stealing
Oxen
that
plowed
,
as
the
Scholiast
upon
Thucydides
observes
,
and
other
Nations
living
also
upon
the
spoil
when
they
were
come
home
from
Sea
,
sent
unto
the
Owners
to
redeem
(
if
they
pleased
at
an
equal
rate
)
what
they
were
robbed
of
at
Sea
,
and
at
this
day
if
a
Ship
hath
the
Emperor
of
Barbarys
protection
,
the
Pyrats
of
that
Nation
(
if
they
seize
)
will
restore
,
and
if
there
be
no
protection
,
yet
if
taken
within
sight
of
their
Castles
,
the
Prize
is
not
absolute
;
but
if
resistance
is
made
,
and
there
be
a
Caption
,
she
then
becomes
the
Captors
for
ever
;
as
the
price
of
blood
.
IV.
Pyrats
and
Robbers
that
make
not
a
Society
,
i.
e.
such
a
Society
as
the
Laws
of
Nations
accounts
lawful
,
are
not
to
have
any
succour
by
the
Law
of
Nations
.
Tiberius
,
when
Tacfarinas
had
sent
Legates
to
him
,
he
was
displeased
that
both
a
Traytor
and
a
Pyrat
should
use
the
manner
of
an
Enemy
,
as
Tacitus
hath
it
;
yet
sometimes
such
Tacitus
Annal.
3.
C●…sar
lib.
3.
de
Bello
Civ
.
Men
(
Faith
being
given
them
,
)
obtain
the
right
of
Legation
as
the
Fugitives
in
the
Pyrenean
Forrest
,
and
the
Banditi
at
Naples
,
and
Solyman
the
Magnificent
,
having
entertained
Barbarossa
the
famous
Pyrat
,
sent
word
to
the
Hist.
Republ.
Venice
f.
91.
Venetians
,
that
they
should
use
him
and
esteem
him
no
more
as
a
Pyrat
,
but
one
of
their
own
Port.
V.
If
a
Ship
is
assaulted
by
a
Pyrat
,
for
redemption
of
which
the
Master
becomes
a
Slave
to
the
Captors
,
by
the
Law
Maritime
the
Ship
and
lading
are
tacitly
oblidged
ss.
ad
Legem
Rhod.
de
jactu
.
l.
2.
§.
si
navis
a
Pyratis
redemptae
.
for
his
redemption
,
by
a
general
contribution
.
But
if
a
Pyrat
shall
feign
himself
stronded
,
and
to
duccoy
the
Merchant
Man
for
his
releif
,
shall
fire
his
Guns
,
or
wave
his
Colours
,
who
accordingly
varies
his
course
for
his
assistance
,
and
the
Pyrat
enters
him
,
for
redemption
of
which
he
becomes
a
Slave
to
the
Pyrat
,
there
contribution
shall
not
be
made
,
and
if
the
Ship
loses
any
of
her
lading
,
the
Master
shall
answer
the
same
.
VI.
A
Pyrat
attacques
a
Merchant
Man
,
and
enters
her
,
for
Redemption
of
which
the
Master
gives
his
Oath
,
at
a
time
and
place
to
pay
the
Pyrat
a
summe
certain
;
by
some
it
hath
been
held
,
that
the
Master
commits
not
perjury
,
if
the
price
promised
for
redemption
be
not
brought
according
to
the
Oath
,
because
that
a
Pyrat
is
Leg.
Bona
sides
.
D.
Expos.
not
a
determinate
,
but
a
common
Enemy
of
all
,
with
whom
neither
Faith
nor
Oath
is
to
be
kept
,
but
that
is
no
reason
for
the
assoiling
of
the
vow
:
for
though
the
Person
be
deficient
,
yet
the
Just
God
is
concerned
;
nor
can
that
Person
that
hath
promised
a
thing
,
satisfy
his
conscience
after
he
hath
once
delivered
it
to
him
,
to
recover
it
back
again
;
for
the
words
in
an
Oath
,
as
to
God
,
are
to
be
understood
most
simply
,
and
with
effect
;
and
therefore
he
that
returned
secretly
to
the
Enemy
,
and
again
departed
,
made
not
good
his
Oath
concerning
his
return
.
VII
.
If
an
English
Man
commit
Pyracy
,
be
it
upon
the
Subject
of
any
Prince
or
Republique
in
amity
with
the
Crown
of
England
,
they
are
within
the
purview
of
the
Stat.
of
28
H.
8
and
so
it
was
held
where
one
Winterson
,
On
a
Commission
grounded
on
the
Stat.
awarded
.
Rott
.
Admir
.
28.
Eliz.
m.
23.
Smith
and
others
had
robbed
a
Ship
of
one
Maturine
Gantier
,
belonging
to
Bourdeaux
,
and
bound
from
thence
with
French
Wines
for
England
,
and
that
the
same
was
felony
by
the
Law
Maritime
,
and
the
Parties
were
convicted
of
the
same
.
VIII
.
And
so
it
is
if
the
Subject
of
any
other
Nation
or
Kingdom
,
being
in
amity
with
the
King
of
England
,
commit
Pyracy
on
the
Ships
or
Goods
of
the
English
,
the
same
is
felony
,
and
punishable
by
virtute
of
the
Stat.
and
so
it
was
adjudged
,
where
one
Careless
Captain
of
a
French
Man
of
War
of
about
40
Tuns
and
divers
others
,
did
set
upon
four
Merchant
Men
going
from
the
Port
of
Bristoll
to
Carmarthen
,
did
rob
them
of
about
1000
l.
Rott
.
Adm.
anno
28.
Eliz.
m.
24.
for
which
he
and
the
rest
were
arraigned
,
and
found
guilty
of
the
Pyracy
.
But
before
the
Stat.
of
25
Ed.
3.
if
the
Subjects
of
a
Normandy
was
lost
by
King
John
,
and
out
of
the
legeance
of
the
King
of
England
,
&
they
were
as
now
accounted
Aliens
.
40.
Assise
placet
.
25
p.
Shard
.
Vide
2
H.
5
cap.
60.
Forreign
Nation
and
some
English
had
joyned
together
,
and
had
committed
Pyracy
,
it
had
been
Treason
in
the
English
,
and
felony
in
the
Forreigners
:
And
so
it
was
said
by
Shard
,
where
a
Norman
being
Commander
of
a
Ship
,
had
together
with
some
English
committed
robberies
on
the
Sea
,
being
taken
,
were
arraigned
and
found
guilty
;
the
Norman
of
felony
,
and
the
English
of
treason
,
who
accordingly
were
drawn
and
hang'd
.
But
now
at
this
day
they
both
receive
Judgement
as
felons
,
by
the
Laws
Maritime
.
IX
.
If
the
Subjects
in
enemity
with
the
Crown
of
England
be
Sailers
aboard
an
English
Pyrat
with
other
English
,
and
then
a
robbery
is
committed
by
them
,
and
afterwards
are
taken
,
it
is
felony
without
controversy
in
the
English
,
but
not
in
the
Strangers
;
for
they
cannot
be
tryed
by
virtue
of
the
Commission
upon
the
Statut
,
for
it
was
no
pyracy
in
them
,
but
the
deprdeation
of
an
Enemy
,
for
which
they
shall
receive
a
tryal
by
Martial
Law
,
and
Judgement
accordingly
.
X.
Pyracy
committed
by
the
Subjects
of
the
French
King
Selden
Mare
Claus.
lib.
1.
cap.
27
Case
of
Reginor
Grimbald
in
tempor
.
Ed.
1
Cited
in
4.
Inst
f.
142.
in
c.
of
the
Admiralty
.
or
of
any
other
Prince
or
Republique
,
in
amity
with
the
Crown
of
England
upon
the
British
Seas
,
are
punishable
properly
by
the
Crown
of
England
only
,
for
the
Kings
of
the
same
have
istud
regimen
dominium
exclusive
,
of
the
Kings
of
France
,
and
all
other
Princes
and
States
whatsoever
.
XI
.
If
Pyracy
be
committed
on
the
Ocean
,
and
the
Pyrats
in
the
attempt
there
happen
to
be
overcome
,
the
Captors
Injicere
manum
parcae
tra●…erunt
debitum
sibi
,
&
sermone
usus
est
juris
;
nam
manus
injectio
dicitur
,
quoties
nulla
judicis
a●…ctoritate
,
rem
nobis
debitam
vindicamus
.
Servius
●…1
.
Aeneidos
.
are
not
oblidged
to
bring
them
to
any
Port
,
but
may
exoppose
them
immediately
to
punishment
,
by
hanging
them
up
at
the
main
yard
end
before
a
departure
;
for
the
old
natural
liberty
remains
in
places
where
are
no
judgements
.
And
therefore
at
this
day
,
if
a
Ship
shall
be
in
on
a
Voyage
to
the
West-Indies
,
or
on
a
Discovery
of
those
parts
of
the
unknown
World
,
and
in
her
way
be
assaulted
by
a
Pyrat
,
but
in
the
attempt
overcomes
the
Pyrat
,
by
the
Laws
Maritime
the
Vessel
is
become
the
Captors
;
and
they
may
execute
such
Beasts
of
prey
immediately
,
withhout
any
solemnity
of
condemnation
.
XII
.
So
likewise
,
if
a
Ship
shall
be
assaulted
by
Pyrats
,
Leg.
extat
.
D.
quod
metus
.
and
in
the
attempt
the
Pyrats
shall
be
overcome
,
if
the
Captors
bring
them
to
the
next
Port
,
and
the
Judge
openly
rejects
the
Tryal
,
or
the
Captors
cannot
wait
for
the
Judge
without
certain
peril
and
losse
,
Justice
may
be
Honorius
&
Theodosius
:
idcirco
Judiciorum
vigor
Jurisque
publici
tutela
in
medio
constituta
,
ne
quis
quam
.
sibi
ipsi
permittere
valeat
ultionem
.
Leg.
nulli
C.
de
Judaeis
.
done
upon
them
by
the
Law
of
Nature
,
and
the
same
may
be
there
executed
by
the
Captors
.
Cajus
Caesar
being
but
a
Private
Man
,
pursued
the
Pyrats
,
by
whom
he
formerly
had
been
taken
and
spoiled
by
them
,
and
making
up
to
them
with
such
a
Fleet
as
he
possible
in
haste
could
get
ready
,
attaqued
,
burnt
and
destroyed
their
Ships
,
and
the
Men
he
brought
back
to
an
Anchor
,
where
repairing
to
the
Proconsul
,
to
do
Justice
,
Plutarch
in
Caesar.
who
neglecting
,
himself
returned
back
,
and
there
hang'd
them
up
.
XIII
.
If
a
Pyrat
at
Sea
assault
a
Ship
,
but
by
force
is
Ralph
Williams
indicted
for
the
murder
of
one
John
Terrey
,
and
Bridges
,
Black
,
and
others
,
as
accessory
.
Rott
.
Admir
.
28
Eliz.
M.
24.
Yel
.
f.
134
135.
prevented
entering
her
,
and
in
the
attempt
the
Pyrat
happens
to
slay
a
Person
in
the
other
Ship
,
they
are
all
principalls
in
such
a
murder
,
if
the
Common
Law
hath
Jurisdiction
of
the
cause
:
but
by
the
Law
Maritime
,
if
the
Parties
are
known
,
they
who
gave
the
wound
only
shall
be
principalls
,
and
the
rest
accessories
;
and
where
they
have
cognizance
of
the
principal
,
the
Courts
at
Common
Law
will
send
them
their
accessory
,
if
he
comes
before
them
.
XIV
.
If
a
Spaniard
robs
a
French
Man
on
the
High
Res
quae
intra
Praesidia
perductae
nondum
sunt
,
quanquam
ab
hostibus
occupatae
,
dominum
non
mutarunt
ex
Gentium
jure
.
Grotius
de
Jure
Belli
ac
Pacis
cap
9.
§.
16.
Sea
,
both
their
Princes
being
then
in
Amity
,
and
they
likewise
with
the
King
of
England
,
and
the
Ship
is
brought
into
the
Ports
of
the
King
of
England
,
the
French
Man
may
proceed
criminaliter
against
the
Spaniard
to
punish
him
,
and
civiliter
to
have
Restitution
of
his
Vessel
:
but
if
the
Vessel
is
carryed
intra
Praesidia
[
](A51124-e15360-b)†
†
Trin.
17
Car.
in
B.
R.
Marsh's
Reports
.
of
that
Prince
,
by
whose
Subject
the
same
was
taken
,
there
can
be
no
proceeding
civiliter
,
and
doubted
if
criminaliter
;
but
the
French
Man
[
](A51124-e15410-b)*
*
Leg.
Hostes
&
Leg.
Latrones
D.
de
Cap.
Leg.
postlim
.
a
Pyratis
eod.
Tit.
must
resort
into
the
Captor
or
Pyrats
own
Country
,
or
where
he
carried
the
Ships
,
and
there
proceed
.
A
Dutch
Man
,
but
Naturalized
by
the
Duke
of
Savoy
,
and
living
at
Villa
Franca
in
his
Dominions
,
procures
a
Commission
from
the
States
of
Holland
,
and
coming
to
Leighorn
,
there
rid
with
the
Colours
and
Ensigns
of
the
Duke
of
Savoy
,
the
Ship
Dyamond
being
then
in
Port
,
and
having
received
her
lading
,
was
afterwards
in
her
Voyage
home
surprised
by
that
Caper
,
and
brought
into
Villa
Franca
,
and
there
condemned
and
sold
to
one
Poleman
;
The
Caption
was
in
1665
,
〈◊〉
Adjudication
passed
13
of
May
1670
,
upon
which
there
was
an
Appeal
to
the
Duke
of
York
;
but
nothing
came
of
it
.
Rott
.
A●…r
.
in
an
.
supradict.
which
Ship
afterwards
coming
for
England
,
the
Plaintiffs
having
notice
,
made
a
seizure
,
and
upon
Tryal
Adjudication
passed
for
the
Plaintiffs
,
the
original
proprietors
:
for
though
the
Ship
of
War
and
the
Captors
were
of
Savoy
,
and
carryed
thither
;
yet
being
taken
by
virtue
of
a
Dutch
Comission
,
by
the
Law
Maritime
,
she
must
be
carryed
infra
Praesidia
of
that
Prince
or
State
by
virtue
of
whose
Commission
she
was
taken
.
Nor
can
such
carrying
of
the
Ensignes
or
Coulors
,
of
the
Duke
of
Savoy
,
who
was
then
in
amity
with
the
Crown
of
England
,
or
the
Commander
,
though
a
Subject
of
that
Prince
,
make
him
a
Pyrat
,
or
subject
them
or
those
to
whom
they
have
transferred
their
interest
of
the
Prize
any
waies
to
be
questioned
for
the
same
criminaliter
;
for
that
the
original
quoad
as
to
the
taking
was
lawful
,
[
](A51124-e15700-b)a
a
Bulstrod
.
3.
part
.
fo.
28.
.
Case
of
Samuel
Pellagy
.
as
one
enemy
might
take
from
another
;
but
civiliter
the
same
,
for
that
the
Captor
had
not
entitled
himself
to
a
firme
possession
.
[
](A51124-e15740-b)b
b
Grotius
de
jure
belli
ac
pacis
lib.
3.
cap.
9
:
§.
15
,
&
16.
And
therfore
in
all
cases
where
a
Ship
is
by
Letters
of
Marque
or
Pyracy
,
[
](A51124-e15770-b)c
c
Mich.
8
Jac.
in
B.
R.
Brownlow
2.
part
.
Westons
C.
if
the
same
is
not
carry'd
infra
praesidia
of
that
Prince
or
State
,
by
whose
Subject
the
same
was
taken
,
the
Owners
are
not
divested
of
their
property
,
but
may
re-seize
wheresoever
they
meet
with
their
Vessels
.
XV.
If
a
Pyrat
attaques
a
Ship
,
and
only
takes
away
some
of
the
Men
,
in
order
to
the
selling
them
for
slaves
,
this
is
a
Pyracy
by
the
Law
Maritime
;
but
if
a
Man
takes
away
a
Villaine
or
Warde
,
or
any
other
Subject
,
and
sells
them
for
slaves
;
yet
this
no
robbery
by
the
Common
Law
.
XVI
.
If
a
Bale
or
Pack
of
Merchandise
be
delivered
to
a
Master
to
carry
over
Sea
to
such
a
Port
,
and
he
Co.
3.
Inst
109.
lib.
8.
f.
33.
6.
Caleys
c.
but
Black
Maile
&
such
sorts
of
taking
in
Cumberland
Northumberland
,
and
Westmorland
was
Felony
.
43.
Eliz.
cap.
13.
goeth
away
with
the
whole
Pack
or
Bale
to
another
Port
,
and
there
sells
and
disposes
of
the
same
,
[
](A51124-e15890-b)*
*
ss.
Nautae
Caup
.
l.
1.
sect.
3.
Stabe
the
same
is
no
felony
.
But
if
he
opens
the
Bale
or
Pack
,
and
take
any
thing
Glanvil
.
lib.
10.
cap.
13.
out
,
animo
furandi
,
the
same
may
amount
to
such
a
Larceny
,
as
he
may
be
indicted
in
the
Admiralty
,
though
13.
E.
4.
9.
it
amounts
not
to
a
Pyracy
.
Yet
if
such
a
Master
of
Ship
shall
carry
the
lading
to
Nautae
Caup
.
Stab
.
lib.
Sect.
7.
sect.
recepit
.
the
Port
appointed
,
and
after
retakes
the
whole
Pack
or
Bale
back
again
,
this
may
amount
to
a
Pyracy
;
for
he
being
in
the
nature
of
a
Common
Carrier
,
the
delivery
Co.
3.
Inst.
107
,
108.
had
taken
its
effect
,
and
the
privity
of
the
Balement
is
determined
.
XVII
.
If
a
Pyrat
shall
attaque
a
Ship
,
and
the
Master
44.
E.
3.
14.
for
the
redemption
shall
give
his
Oath
to
pay
a
sum
4.
H.
4.
2.
§.
ad
Leg.
Rhod.
de
jact
.
l.
2.
§.
si
navis
a
Pyratis
redempta
sit
.
certaine
;
though
there
be
no
taking
,
yet
is
the
same
Pyracy
,
by
the
Law
Maritime
.
If
a
Ship
shall
ride
at
Anchor
,
and
the
Mariners
shall
be
part
in
their
Ship-Boat
,
and
the
rest
on
the
shore
,
and
none
shall
be
in
the
Ship
,
yet
if
a
Pyrat
shall
attaque
14.
E.
3.
Cor.
115.
her
and
rob
her
,
the
same
is
Pyracy
.
XVIII
.
A
Merchant
procures
Letters
of
Marque
or
Trin.
7.
Jac.
in
B.
R.
Rolls
Acridg
.
530.
Reprise
,
and
then
delivers
the
Commission
to
Persons
to
endeavour
a
satisfaction
;
if
such
Persons
commit
Pyracy
,
the
Vessel
is
forfeited
without
controversy
:
but
the
Merchant
is
no
waies
lyable
to
make
satisfaction
;
for
though
Constit.
Galliae
tom.
3.
tit.
3.
constit
.
anni
1583.
c.
44.
the
Superior
shall
answer
for
the
actions
of
his
Ministers
or
Servants
,
yet
that
is
introduced
by
the
Civil
Law
;
but
this
question
must
be
decided
by
the
Laws
of
Nations
,
by
virtue
of
which
such
Commissions
are
awarded
or
granted
;
Vide
Sir
Francis
Moore
Reports
Waltham
vers
.
Mulgar
.
the
which
does
exempt
any
Man
to
answer
for
the
dammages
of
his
Servants
,
unless
he
fore-knew
that
they
would
commit
such
a
Pyracy
or
spoliation
,
or
any
way
have
abetted
or
consented
to
the
same
,
which
right
may
be
forfeited
,
and
the
Civil
Law
let
in
to
acquire
satisfaction
.
But
if
a
Ship
shall
be
at
Sea
and
in
necessity
,
if
she
attaques
another
Ship
,
and
takes
out
some
Victuals
,
Cables
,
Ropes
,
Anchors
or
Sailes
,
(
especially
if
that
other
Ship
Leg.
2.
sect.
cum
in
eadem
;
D.
ad
l.
Rhod.
Leg.
quo
naufrag
.
§.
quod
ait
D.
de
incen
.
Leg.
quemadmodum
,
sect.
item
.
D.
ad
Leg.
Aquiliam
.
27.
H.
8.
cap.
4.
may
spare
them
)
this
is
not
Pyracy
;
but
then
the
party
must
pay
ready
Money
for
such
things
,
or
give
a
Note
or
Bill
for
the
payment
of
the
value
,
if
on
this
side
the
Straites
of
Morocco
,
within
four
months
,
if
beyond
,
within
twelve
months
.
XIX
.
By
the
Law
Maritime
,
if
Goods
are
taken
by
a
Pyrat
,
and
afterwards
the
Pyrat
attaques
another
Ship
,
Per
Leg.
Pomp●…nus
de
acqu●…el
dom.
but
in
the
attempt
is
conquered
,
the
Prise
becomes
absolute
the
Captor's
,
saving
the
account
to
be
rendred
to
the
Admiral
.
And
it
is
accounted
in
Law
a
just
caption
of
whatsoever
may
be
got
,
or
taken
from
such
Beasts
of
prey
,
be
the
same
in
their
own
or
in
their
Successors
possession
But
then
an
account
ought
to
be
rendred
to
the
Admiral
,
who
may
(
if
they
happen
to
be
the
Goods
of
the
Fellow
Subject
of
the
Captors
,
or
of
Nations
in
Amity
with
his
own
Soveraign
)
make
restitution
to
the
Per
Leg.
Mulier
ea
.
cap.
&
post
.
Owner
,
the
costs
and
charges
,
and
what
other
things
in
equity
shall
be
decreed
to
the
Captor
,
first
considered
and
deducted
.
XX.
By
the
Status
of
27
Edw.
3.
cap.
13.
if
a
Merchant
loose
his
Goods
at
Sea
by
Pyracy
,
or
Tempest
(
not
being
27
E.
3.
c.
13.
wrackt
)
and
they
afterwards
come
to
Land
;
if
he
can
make
proof
they
are
his
Goods
,
they
shall
be
restored
to
him
in
places
Guildable
,
by
the
King's
Officers
'
and
six
Men
of
the
Country
;
and
in
other
places
by
the
Lords
there
and
their
Officers
,
and
six
Men
of
the
Country
.
This
Law
hath
a
very
near
relation
to
that
of
the
Romans
,
called
De
Usu-Captione
,
or
the
Atinian
Law
;
for
Atinius
enacted
,
that
the
Plea
of
Prescription
or
long
possession
,
should
not
avail
in
things
that
had
been
stoln
,
but
the
interest
which
the
right
Owners
had
should
Sigonius
de
Jure
Rom.
l.
1.
cap.
11.
remain
perpetual
;
the
words
of
the
Law
are
these
,
Quod
surreptum
est
,
ejus
rei
aeternitas
auctoritas
esset
,
where
by
Auctoritas
is
meant
Jus
Dominii
.
XXI
.
Yet
by
the
Common
Law
of
England
,
it
has
been
held
,
that
if
a
Man
commit
Pyracy
upon
the
Subjects
of
another
Prince
or
Republique
(
though
in
League
with
us
)
and
brings
the
Goods
into
England
,
and
sells
them
in
a
Market
Overt
;
the
same
shall
bind
,
and
the
Owners
are
for
ever
concluded
,
and
if
they
should
go
about
in
the
Mich.
13.
Jac.
in
B.
R.
Sir
Richard
Bingly's
Case
.
Roll's
Abridgement
〈◊〉
.
530.
Admiralty
to
question
the
property
,
in
order
to
restitution
,
they
will
be
prohibited
.
XXII
.
This
offence
was
not
punishable
by
the
Common
Law
,
as
appears
by
the
preamble
of
the
Stat.
of
28.
H.
8
cap.
15.
but
the
same
was
determined
and
judged
by
the
Admiral
,
after
the
course
of
the
Civil
Law
;
but
by
force
of
the
said
Act
,
the
same
is
enquired
of
,
heard
and
determined
according
to
the
course
of
the
Common
Law
,
as
if
the
offence
had
been
committed
on
Land
.
XXIII
.
This
Act
does
not
alter
the
offence
,
or
make
the
offence
Felony
;
but
leaves
the
offence
as
it
was
before
this
Act
;
viz.
Felony
only
by
the
Civil
Law
,
but
giveth
a
mean
of
Tryall
by
the
Common
Law
,
and
inflecteth
paines
of
death
,
as
if
they
had
been
attainted
of
any
felony
done
upon
the
Land
.
The
Indictment
must
mention
the
same
to
be
done
upon
the
Sea
.
A
Pardon
of
all
Felonies
does
not
extend
to
this
Moore
756.
offence
,
but
the
same
ought
especially
to
be
named
.
Though
there
be
a
forfeiture
of
Lands
and
Goods
,
yet
But
if
the
party
be
attainted
before
the
Admiral
,
and
not
before
the
Commissioners
,
then
there
is
no
corruption
of
Blood
or
forfeiture
of
Lands
;
quod
nota
Co.
Inst.
389.
there
is
no
corruption
of
Blood
.
There
can
be
no
Accessory
of
this
offence
,
tryed
by
virtue
of
this
Statute
;
but
if
there
be
an
Accessory
upon
the
Sea
to
a
Pyracy
,
he
must
be
tryed
by
the
Civil
Law
.
The
Statute
of
35
H.
8.
cap.
2.
taketh
not
away
this
Statute
for
Treasons
done
upon
the
Sea
,
Clergy
is
not
allowable
to
the
party
on
the
Statute
28
H.
8.
vide
14.
Jac.
in
B.
R.
Moore
756.
placet
1044.
Though
a
Port
is
Locus
publicus
uti
pars
Oceani
,
yet
it
hath
been
resolved
more
then
once
that
all
Ports
,
not
only
the
Town
,
but
the
Water
is
infra
corpus
Comitatus
.
If
a
Pyrat
enters
into
a
Port
or
Haven
of
this
Kingdom
,
and
a
Merchant
being
at
Anchor
there
,
the
Pyrat
assaults
Hyde
and
others
robbed
the
Ship
of
Captain
Slu●…
of
the
Merchandize
of
one
Mr.
Mors
,
a
Merchant
in
London
;
and
they
were
indicted
for
it
at
the
Common
Law
,
and
were
found
guilty
of
the
same
.
Anno
23.
Car.
2.
him
and
robs
him
,
this
is
not
Pyracy
,
because
the
same
is
not
done
super
eltum
Mare
;
but
this
is
a
down-right
robbery
at
the
Common
Law
,
for
that
the
Act
is
infra
corpus
Comitatus
,
and
was
inquirable
and
punishable
by
the
Common
Law
,
before
the
Statute
of
28
H.
6.
cap.
15.
XXV
.
So
If
such
a
Pyracy
be
made
in
a
Creek
or
Port
,
Sir
Francis
Moore
756.
1.
Jac.
par.
1044.
in
such
cases
it
has
been
conceived
,
that
Clergy
is
allowable
upon
the
Stat.
of
28
H.
8.
but
if
it
be
done
super
altum
Mare
,
there
no
Clergy
is
allowable
:
by
the
Pardon
of
all
Felonies
,
at
the
Common
Law
,
or
by
the
Statute
And
the
same
was
so
ruled
by
the
opinion
of
Sir
Lyonell
Jenkins
,
and
the
rest
of
the
Lords
the
Judges
,
upon
the
Pyracy
committed
by
Cusack
and
others
,
and
denyed
;
and
he
was
afterwards
executed
Anno
1674.
vide
19.
E.
3.
Cor.
124.
9.
H.
4.
2.
Law
;
Felony
super
altum
Mare
is
not
pardoned
;
for
though
the
King
may
pardon
this
offence
,
yet
being
no
Felony
in
the
eye
of
the
Law
of
this
Realm
,
but
only
by
the
Civil
Law
,
the
Pardon
of
all
Felonies
generally
extends
not
to
it
;
for
this
is
a
special
offence
,
and
ought
especially
to
be
mentioned
.
XXVI
.
A
Man
attainted
by
virtue
of
that
Statute
,
9.
E.
4.
28.
cited
in
Cokes
3.
Inst.
fo.
112.
forfeits
his
Lands
and
Goods
,
yet
there
works
no
corruption
of
Blood
,
by
virtue
of
that
attainder
;
nor
can
there
be
any
Accessory
of
Pyracy
by
the
Law
of
this
Realm
:
but
if
it
falls
out
that
there
is
an
Accessory
upon
the
Sea
,
such
Accessory
may
be
punished
by
the
Civil
Law
,
before
the
Lord
Admiral
,
but
he
cannot
be
punished
by
virtue
of
this
Act
,
because
it
extends
not
to
Accessories
,
nor
makes
the
offence
felony
.
XXVII
.
If
one
steals
Goods
in
one
County
,
and
28.
Eliz.
Butlers
Case
cited
3.
Inst.
fo.
113.
brings
them
into
another
,
the
Party
may
be
indicted
in
either
County
;
but
if
one
commits
Pyracy
at
Sea
,
and
brings
the
Goods
into
a
County
in
England
,
yet
he
cannot
be
indicted
upon
that
Statute
,
for
that
the
originall
taking
was
not
felony
,
whereof
the
Common
Law
took
conuzance
.
XXVIII
.
If
a
Man
is
taken
on
suspition
of
Pyracy
,
and
a
Bill
is
preferred
against
him
,
and
the
Jury
find
Ignoramus
;
if
the
Court
of
Admiralty
will
not
discharge
Marsh's
Case
13
Jac.
in
B.
R.
3
Bulstrod
fo.
27.
him
,
the
Court
of
Kings
Bench
will
grant
a
Habeas
Corpus
,
and
if
there
be
good
cause
discharge
him
,
or
at
least
take
Bayle
for
him
:
But
if
the
Court
suspects
that
the
Party
is
guilty
,
perhaps
they
may
remand
him
;
and
therefore
in
all
cases
,
where
the
Admiralty
legally
have
an
original
or
a
concurrent
Jurisdiction
,
the
Courts
above
will
be
well
informed
before
they
will
mdedle
.
If
a
Man
be
in
custody
for
Pyracy
,
if
any
aids
or
assists
him
in
his
escape
,
though
that
matter
is
an
offence
at
Land
,
[
](A51124-e17450-b)*
*
Yelverton
134
,
135.
Scadings
Case
,
Tench
versus
Harrison
B.
R.
Styles
171
,
340.
yet
the
Admiralty
having
Jurisdiction
to
punish
the
principal
,
may
have
likewise
power
to
punish
such
an
offender
,
who
is
lookt
upon
quasi
an
Accessory
to
the
Pyracy
;
but
to
rescue
a
Prisonner
from
an
Officer
of
theirs
,
they
may
examine
the
cause
,
but
they
cannot
proceed
criminally
against
the
offender
.
XXIX
.
[
](A51124-e17490-b)†
†
50.
E.
3.
par.
2.
Dors.
24.
de
audiendum
&
terminandum
Mercatoribus
super
mare
depredatis
.
Antiently
when
any
Merchants
were
robbed
at
Sea
,
or
spoiled
of
their
Goods
,
the
King
usually
issued
out
Commissions
under
the
Great-Seal
of
England
,
to
enenquire
of
such
depradations
and
robberies
,
and
to
punish
Pat.
6.
E.
1.
m.
24
Dors.
the
Case
of
Will
.
de
Dunstaple
a
Citizen
of
Winton
.
the
Parties
;
and
for
fraudes
in
Contracts
,
to
give
dammages
to
the
Parties
,
and
proceed
therein
secundum
Legem
&
consuetudinem
Angliae
,
secundum
Legem
Mercatoriam
,
&
Legem
Maritimam
;
all
three
Laws
included
in
the
Commissions
.
Pat.
32.
E.
1.
m
:
4.
Dors.
pro
willielmo
Perin
&
Domengo
Perez
Mercatoribus
.
One
Marsh
a
Fisherman
being
at
Sea
,
was
taken
by
Pyrats
,
and
all
which
he
had
;
after
that
,
the
Pyrats
took
another
Ship
belonging
to
the
Dane
,
and
the
Pyrats
having
rifled
the
Ship
,
and
taken
the
best
of
the
Goods
of
the
Danes
,
the
Pyrat
put
aboard
the
Fisherman
,
and
so
suffered
him
to
depart
,
who
landing
here
,
went
immediately
to
Dr.
Talbot
,
a
Civilian
,
and
shewed
him
all
this
matter
,
and
desiring
his
advice
,
who
directed
an
Inventory
to
be
made
of
the
Danes
Goods
in
his
Ship
;
the
Dane
afterwards
coming
into
England
,
and
having
intelligence
of
the
matter
,
prosecutedthe
Fisherman
in
the
Admiralty
;
and
although
Ignoramus
was
found
,
yet
they
there
detained
him
;
upon
which
a
Habeas
corpus
was
prayed
,
but
denyed
by
My
Lord
Coke
Chief
Justice
,
for
no
other
reason
but
because
the
truth
of
the
matter
was
opened
,
which
gave
the
Court
cause
to
supect
him
of
Pyracy
;
otherwise
if
he
had
moved
barely
upon
the
Ignoramus
found
,
quod
nota
Pasch.
13
Jac.
in
B.
R.
the
King
vers
.
Marsh
Bulstrod
3.
part
.
fo.
27.
CHAP.
V.
The
Right
of
the
Flagg
,
as
to
the
acknowledging
the
Dominion
of
the
British
Seas
.
-
I.
Considerations
general
as
in
reference
to
the
same
.
-
II.
Whether
Princes
may
have
an
exclusive
property
in
the
Sea
.
-
III.
That
such
an
exclusive
Dominion
may
be
,
and
proved
.
-
IV.
Of
the
Sea
,
whether
capable
of
Division
,
as
the
Land
general
.
-
V.
Considerations
general
as
in
reference
to
Maritime
Cities
touching
Sea
Dominion
.
-
VI.
Of
the
Sea
,
by
reason
of
its
instability
,
whether
capable
of
subjection
.
-
VI.
Of
the
Dominion
of
the
British
Sea
asserted
long
before
,
and
ever
since
the
Conquest
of
this
Isle
by
the
Romanes
.
-
VIII
.
The
duty
of
the
Flagg
,
but
a
consecutive
acknowledgement
of
that
right
,
and
of
the
Ordinance
of
Hastings
declaring
that
Customary
obeysance
.
-
IX
.
Considerations
had
on
some
Treaties
,
in
reference
to
the
asserting
the
duty
of
the
Flagg
.
-
X.
Of
the
extent
how
far
that
duty
is
required
and
payable
.
-
XI
.
Of
the
duty
of
the
Flagg
,
not
a
bare
Honourary
salute
,
but
a
Right
.
-
XIII
.
Of
the
importance
and
value
of
the
same
as
well
in
Nations
Forraign
,
as
in
England
.
-
XIII
.
Of
the
duty
of
the
Flagg
not
regarded
as
a
civility
,
but
commanded
as
a
duty
.
-
XIV
.
Of
the
importance
of
that
acknowledgement
.
I.
AFter
the
Writings
of
the
Illustrious
Selden
,
certainly
it
's
impossible
to
find
any
Prince
or
Republique
,
or
single
Person
indued
with
reason
or
sence
,
that
doubts
the
Dominion
of
the
British
Sea
,
to
be
intirely
subject
to
that
Imperial
Diadem
,
or
the
duty
or
right
of
the
Flagg
,
which
indeed
is
but
a
consecutive
acknowledgment
of
that
antient
Superiority
:
yet
there
has
not
been
wanting
some
,
who
though
they
have
not
questioned
the
former
,
have
highly
disputed
the
latter
.
But
there
are
some
fatal
periods
amongst
our
Northern
Regions
,
when
the
Inhabitants
do
become
so
brutal
and
prejudicate
,
that
no
obligation
of
Reason
,
Prudence
,
Conscience
or
Religion-can
prevail
over
their
passions
,
especially
if
they
become
the
devoted
mercinaries
of
an
implacable
Faction
;
in
opposition
to
all
that
can
be
called
●…vestein
.
either
just
or
honourable
,
we
need
not
reap
up
the
carriage
of
that
late
insolent
Son
of
a
Tallow
Chandler
,
whose
deportments
made
him
no
less
insupportable
at
Home
,
then
he
was
amongst
Forreign
Princes
;
the
testimonies
of
his
greatest
parts
and
abilities
,
being
no
other
then
monuments
of
his
malice
and
hatred
to
this
Nation
,
and
records
of
his
own
folly
:
But
Princes
are
not
to
be
wrangled
out
of
their
antient
Rights
and
Regalities
by
the
subtil
argument
of
Wit
and
Sophistry
;
nor
are
they
to
be
supplanted
or
overthrown
by
malice
or
Arms
,
so
long
as
God
and
Good
Men
will
assist
,
in
which
His
Sacred
Majesty
did
not
want
,
when
he
asserted
his
Right
with
the
Blood
and
lives
of
so
many
thousands
that
fell
in
the
dispute
.
II.
That
Princes
may
have
an
exclusive
property
in
the
Soveraignty
of
the
several
parts
of
the
Sea
,
and
in
the
passage
Fishing
and
shores
,
is
so
evidently
true
by
way
of
fact
,
as
no
Man
that
is
not
desperatly
impudent
can
deny
it
,
the
considerations
of
the
general
practise
in
all
Maritime
Countries
,
the
necessity
of
Order
in
mutual
Commerce
,
and
the
Safety
of
Mens
persons
,
Goods
and
lives
,
hath
taught
even
the
most
Barbarous
Nations
to
know
by
the
Light
of
Human
reason
,
that
Laws
are
as
equally
necessary
for
the
Government
and
preservation
of
the
Sea
,
as
those
that
negotiate
and
trade
on
the
firm
Land
;
and
that
to
make
Laws
and
to
give
them
the
Life
of
Execution
,
must
of
necessity
require
a
Supream
Authority
,
for
to
leave
every
part
of
the
Sea
and
shores
to
an
Arbitrary
and
promiscuous
use
,
with
a
correcting
and
securing
power
in
case
of
wrong
or
danger
,
is
to
make
Men
with
the
like
condition
of
the
Fishes
,
where
the
greater
devour
and
swallow
the
less
.
And
though
the
Sea
is
as
a
High-way
,
and
common
to
all
;
yet
it
is
as
other
High-waies
by
Lands
or
great
Rivers
are
,
which
though
Common
and
Free
,
are
not
to
be
usurped
by
private
Persons
,
to
their
own
entire
service
;
but
remain
to
the
use
of
every
one
,
not
that
their
Freedom
is
such
,
as
that
they
should
be
without
protection
or
See
that
Plea
of
Chizzola
for
the
Venetian
Soveraignity
of
Adriatique
Sea
,
at
the
end
of
Mr.
Selden
.
Government
of
some
Prince
or
Republique
,
but
rather
not
exclude
the
same
;
for
the
true
Ensign
of
liberty
and
freedom
is
protection
from
those
that
maintain
it
in
liberty
.
IV.
And
as
the
Sea
is
capable
of
protection
and
Government
,
so
is
the
same
no
less
then
the
Land
subject
to
be
divided
amongst
Men
,
and
appropriated
to
Cities
and
Potentats
,
which
long
since
was
ordained
of
God
as
a
thing
most
natural
,
whence
it
was
that
Aristotle
,
when
he
said
,
That
unto
Maritime
Cities
the
Sea
is
the
Territory
,
because
from
thence
they
take
their
sustenance
and
defence
;
a
thing
which
cannot
be
unless
part
of
it
might
be
appropriated
in
the
like
manner
as
the
Land
is
,
which
is
divided
betwixt
Cities
and
Governments
,
not
by
equal
parts
,
or
according
to
their
greatness
,
but
according
as
they
are
able
to
Rule
,
Govern
and
defend
them
:
Berne
is
not
the
greatest
City
of
Switzerland
;
yet
he
hath
as
large
Territory
as
all
the
rest
of
the
twelve
Cantons
put
togetether
:
The
Cities
of
Noremberg
and
Genoa
are
very
rich
and
great
,
yet
their
Territories
hardly
exceed
their
Walls
:
and
Venice
the
Mistress
and
Queen
of
the
Mediterranian
,
was
known
for
many
years
to
be
without
any
manner
of
possession
in
the
firme
Land
.
V.
Again
on
the
Sea
,
certain
Cities
of
great
force
,
The
substance
of
what
was
alleadged
by
the
Hansiatique
Towns
,
at
the
Venetians
asserting
of
the
Soveraignty
of
the
Adriatique
,
Inter
res
communes
,
uti
ipsi
Imperator
numerat
mare
,
&
ideo
nemo
in
mari
piscari
,
aut
navigare
prohibitur
,
&
adversus
inhibentem
competit
actio
injuriarum
,
l.
10.
si
quis
in
mare
,
l.
injuriarum
,
sect.
ult.
de
injuriis
.
Sin
littora
quoque
communia
sunt
,
l.
2.
re
divis
.
Quia
accessorium
sunt
maris
,
&
accessorium
sequitur
naturam
Principalis
,
l.
2.
de
peculio
.
legat
.
c.
accessorium
de
reg.
jur
.
in
6.
Ad
littus
maris
igitur
accedere
quivis
potest
,
non
piscandi
tantum
gratia
,
sed
etiam
aedificandi
&
occupandi
causa
,
l.
quod
in
litt
.
de
acquir
.
rer.
Dom.
l.
in
litt
.
ff.
nequid
in
loc.
pub
.
Jo.
Angelius
I.
C.
de
respub
.
Hansiat
.
par.
6.
f.
85.
Edit.
Francof
.
an
.
Dom.
1641.
But
these
arguments
were
easily
answered
by
the
Venetian
Lawyers
;
Quemadmodum
communio
literorum
restringitur
ad
populum
,
a
quo
occupata
sunt
,
lib.
3.
sect
littora
D.
de
.
quid
in
loc.
pub
.
Ita
etiam
communio
maris
:
adeo
ut
per
mare
a
nemine
occupatum
navigatio
sit
omnino
libera
:
per
mare
autem
occupatum
ab
aliquo
Principe
ii
liberam
h●…beant
navigationem
qui
sunt
illi
Principi
subjecti
;
alii
vero
catenus
,
quatenus
idem
●…rinceps
permittit
.
Julius
Pacius
de
Dom.
maris
Adriatici
.
have
possessed
large
quantities
thereof
;
others
of
little
force
,
have
been
contented
with
the
next
Waters
.
Neitheir
are
there
wanting
examples
of
such
,
notwithstanding
they
are
Maritime
,
yet
having
fertile
Lands
lying
on
the
back
of
them
,
have
been
contented
therewith
without
ever
attempting
to
gain
any
Sea
Dominion
;
others
who
being
awed
by
by
their
more
mighty
Neighbours
,
have
been
constrained
to
forbear
any
such
attempt
;
for
which
two
causes
a
City
or
Republique
,
though
it
be
Maritime
,
yet
it
may
remain
without
any
possession
of
the
Sea
.
God
hath
instituted
Principalities
for
the
maintenance
of
Justice
to
the
benefit
of
Mankind
;
which
is
necessary
to
be
executed
as
well
by
Sea
,
as
by
Land
:
Saint
Paul
saith
,
that
for
this
cause
there
were
due
to
Princes
Customs
and
Contributions
.
It
would
be
a
great
absurdity
to
praise
the
well
Government
and
defence
of
the
Land
,
and
to
condemn
that
of
the
Sea
;
nor
doth
it
follow
because
of
the
vastness
of
the
Sea
,
that
it
is
not
possible
to
be
governed
and
protected
,
but
that
proceeds
from
a
defect
in
Mankind
;
for
Deserts
though
part
of
Kingdoms
,
are
impossible
to
be
governed
and
protected
,
witness
the
many
Deserts
of
Africk
,
and
the
immense
vastities
of
the
New
World
.
VI.
As
it
is
a
gift
of
God
,
that
a
Land
by
the
Laws
and
publique
power
be
ruled
,
protected
and
Governed
:
so
the
same
happens
to
the
Sea
;
and
those
[
](A51124-e19150-b)*
*
Grotius
mare
liberum
.
Communio
parit
discordiam
quod
communiter
possidetur
viti●…
naturali
negligitur
:
Habet
communio
rerum
gerendarum
difficultatem
,
Leg.
pater
.
§.
dulcissime
.
Leg.
2.
are
deceived
by
a
gross
equivocation
,
who
aver
that
the
Land
by
reason
of
its
stability
ought
to
be
subjected
,
but
not
the
Sea
,
for
being
an
unconstant
Element
,
no
more
then
Air
;
forasmuch
as
they
intend
by
the
Sea
and
the
Air
all
the
parts
of
the
fluid
Elements
,
it
is
a
most
certain
thing
,
that
they
cannot
be
brought
under
subjection
and
Government
,
because
whilst
a
Man
serves
himself
with
any
one
part
of
them
,
the
other
escapes
out
of
his
power
;
but
this
chanceth
also
to
Rivers
,
which
cannot
be
detained
;
but
one
is
said
to
rule
over
a
Sea
or
River
,
it
is
understood
not
of
the
Element
,
but
of
the
Scite
where
they
are
placed
:
the
Water
of
the
Adriatique
and
British
Seas
continually
runs
out
thereof
,
and
yet
is
the
same
Sea
as
the
Tiber
,
Poe
,
Rhine
,
Thames
or
Severne
,
are
the
same
Rivers
they
were
a
thousand
years
since
;
and
this
is
that
that
is
subject
to
Princes
by
way
of
Protection
and
Government
.
Again
,
it
would
seem
ridiculous
if
any
Man
would
assert
that
the
Sea
ought
to
be
left
without
Protection
,
so
that
any
one
might
do
therein
well
or
ill
,
robbing
,
spoiling
,
and
making
it
unnavigable
,
or
whatsoever
should
seem
fitting
in
their
eyes
;
from
all
which
it
is
apparent
that
the
Sea
ought
to
be
governed
by
those
by
whom
it
most
properly
appertains
by
the
Divine
disposition
.
VII
.
When
[
](A51124-e19410-b)*
*
Quae
omnia
fore
Gallis
erant
incognita
,
neque
enim
temere
praeter
mercatores
adi●…
ad
illos
quisquam
,
neque
eis
ipsis
quidquam
praeter
oram
maritima●…
atque
eos
Regiones
quae
sunt
contra
Gallum
,
notum
est
.
Com.
Gall.
Bell.
lib.
4.
fol.
72.
m.
8.
Julius
Caesar
first
undertook
the
Invasion
of
this
Isle
,
he
summoned
the
Neighbouring
Galls
to
inform
him
of
the
Shores
,
Ports
,
Havens
and
other
things
convenient
that
might
acelerate
his
intended
Conquest
;
but
from
them
nothing
could
be
had
,
they
answering
,
All
commerce
and
traffick
,
and
visiting
their
Ports
was
interdicted
to
all
Nations
before
license
had
;
nor
could
any
but
Merchants
visit
the
same
,
and
then
had
they
places
[
](A51124-e19480-b)*
*
Galls
Town
near
Yarmouth
,
being
then
,
as
is
conceived
,
one
of
the
common
places
of
Mart
or
Commerce
for
the
Galls
.
assigned
them
whether
they
should
come
;
nor
was
this
Dominion
that
the
Britains
then
used
,
commanded
without
a
Naval
Force
;
the
sight
of
which
when
Caesar
saw
,
he
preferred
them
before
those
of
the
Romans
:
for
upon
that
occasion
it
was
that
Caesar
,
having
seen
those
Auxiliary
Squadrons
,
which
the
Britains
sent
the
Gauls
in
their
Expeditions
against
the
Romans
,
took
occasion
to
Quod
omnibus
fere
Gallinis
hostibus
nostris
inde
sub
ministrata
auxilia
intelligebat
.
find
out
that
warlike
people
,
whose
bare
auxiliary
aide
shook
the
Flower
of
the
Roman
Squadrons
.
And
when
the
Romans
became
Conqueroues
of
this
Isle
,
the
same
Right
or
Dominion
was
during
all
their
time
,
supported
and
maintained
when
they
sailed
round
their
new
atcheived
Conquests
in
the
time
of
Domitian
,
Agricola
,
Tacit.
in
vita
Agricol
.
giving
terrour
to
all
the
neighbouring
Nations
.
But
when
that
Mighty
Empire
became
subject
to
fate
,
and
this
Nation
by
the
continual
supply
of
Men
,
which
went
out
of
the
Kingdom
to
fill
up
the
contingencies
of
the
Roman
Legions
,
we
became
at
last
so
enfeebled
as
to
render
us
a
prey
to
the
Saxon
;
which
Empire
when
having
settled
peace
with
their
Danish
Neighbours
,
and
quieted
their
own
home
,
bred
quarrells
;
and
having
reduced
the
several
petty
Kingdoms
of
their
Heptarchy
under
one
Diadem
,
they
forgot
not
to
assume
their
antient
Right
and
Dominion
of
the
Seas
;
as
did
the
most
noble
Edgar
,
who
kept
no
less
a
number
then
400
Sail
of
Ships
to
vindicate
and
ascertain
his
Dominion
,
giving
protection
Altitonantis
Dei
largi-flua
●…ementia
,
qui
est
Rex
Regum
;
Ego
Edgarus
Anglorum
Basileus
,
omniumque
rerum
Insularum
Oceani
quae
Britanniam
circumjacent
,
cunctarumque
Nationum
quae
infra
eam
includuntur
Imperator
&
Dominus
,
ex
Charte
fundam
.
Eccles
Wigor
:
Sir
John
Burroughs
fo
.
21.
Idem
quoque
Edgarus
400.
Naves
congregavit
,
ex
quibus
omni
anno
post
Festum
Paschale
100.
Naves
ad
quamlibet
Angli
partem
statuit
;
sic
●…state
Insulam
circumnavigavit
;
Hieme
vero
indicia
in
Provincia
exercuit
,
ex
Ranulph
.
Cestrens
.
fo
22.
J.
B.
to
the
peaceable
,
and
punishment
to
the
offender
:
nor
did
his
Successors
Etheldred
,
Canutus
,
Edmund
,
and
those
that
followed
of
the
Danish
Race
,
any
waies
wave
,
relinquish
or
loose
that
Royalty
,
but
obsequiously
maintained
the
same
down
to
the
Conqueror
,
and
from
him
since
for
some
upwards
of
12
hundred
years
in
a
quiet
and
peaceable
possession
.
To
mention
the
Antient
Commissions
,
and
exercise
of
this
Soveraign
power
,
Safe-conducts
,
Writs
of
seizure
,
Arrests
,
Records
of
Grants
,
and
Licences
to
pass
through
the
Sea
,
and
to
fish
,
Parliament
Rolls
and
the
like
,
[
](A51124-e19960-b)†
†
So
fully
proved
by
Mr.
●…elden
,
that
it
would
be
impertinent
in
this
Tract
to
rehearse
the
authorities
he
vouches
.
Vide
Jac.
usserius
Armach.
Epistg
.
Hiberniae
Silloge
p.
121
,
163.
would
make
a
Volum
;
in
a
word
,
if
Right
of
Prescription
,
succession
of
inheritance
,
continual
claim
,
matter
of
fact
,
consent
of
History
and
Confessions
,
even
from
the
mouths
and
pens
of
Adversaries
,
be
of
any
moment
to
the
asserting
of
a
Tittle
,
his
Sacred
Majesty
may
be
presumed
,
to
have
as
good
a
Tittle
to
that
,
as
the
most
absolutest
Monarch
this
day
on
Earth
,
hath
to
what
ever
he
can
claim
or
does
enjoy
.
VIII
.
Now
the
duty
of
the
Flagg
is
no
more
but
a
consecutive
acknowledging
of
that
Right
and
Dominion
of
the
British
Seas
,
(
not
as
a
bare
Honorary
Salute
or
Ceremony
,
but
as
an
absolute
sign
of
the
right
and
Soveraignty
of
those
Seas
where
they
are
oblidged
to
strike
Sail
:
)
are
in
him
to
whose
Flagg
the
Vail
,
and
pay
that
duty
to
;
and
in
substance
is
no
more
but
that
the
King
grants
a
generall
licence
for
Ships
to
pass
through
his
Seas
,
that
are
his
Friends
,
paying
that
obeysance
and
duty
,
like
those
services
when
Lords
grant
out
Estates
,
reserving
a
Rose
or
pepper
Corn
,
the
value
of
which
is
not
regarded
,
but
the
rememberance
and
acknowledging
their
Benefactors
right
and
Dominion
.
That
this
hath
been
an
Antient
Custom
,
alwaies
waiting
on
that
Soveraignty
,
appears
by
that
memorable
Record
upwards
of
400
years
since
made
,
where
it
is
declared
by
King
John
what
the
Antient
Custom
was
,
in
these
words
;
That
if
a
Lievtenant
in
any
Uoyage
,
being
Inter
Leges
Marinas
sub
fine
anno
regni
Regis
Johannis
secundo
,
entitled
Le
Ordinance
al
Hastings
.
ordained
by
Common
Councel
of
the
Kingdom
do
encounter
upon
the
Sea
any
Ships
or
Uessels
,
laden
or
unladen
,
that
will
not
strike
vail
and
their
Bonets
at
the
Commandment
of
the
Lievtenant
of
the
King
,
but
will
fight
against
them
of
the
Fleet
,
that
if
they
can
be
taken
,
they
be
reputed
as
Enemies
,
and
their
Ships
,
Uessels
and
Goods
taken
and
forfeited
as
the
Goods
of
Enemies
,
although
the
Masters
or
Possessors
of
the
same
would
come
afterwards
,
and
alledge
,
that
they
are
the
Ships
,
Uessels
and
Goods
of
those
that
are
Friends
to
our
Lord
the
King
,
and
that
the
Common
People
in
the
same
be
chastised
by
imprisonment
of
their
Bodyes
for
their
Rebellion
,
by
discretion
.
Thus
this
Immemorial
Custom
was
by
that
prudent
Prince
affirmed
,
the
which
hath
been
alwaies
before
,
and
ever
since
,
(
without
interruption
by
all
Nations
)
constantly
pay'd
to
the
Ships
of
War
,
bearing
the
Royall
Standard
and
other
of
his
Majesties
Ships
,
wearing
his
Colours
and
Ensigns
of
Service
;
he
knowing
that
undoubted
Maxim
of
State
,
that
Kingdoms
are
preserved
by
reputation
,
which
is
as
well
their
strongest
support
in
Peace
,
as
their
chiefest
safety
in
time
of
War
,
when
once
they
grow
dispised
,
they
are
either
subject
to
forreign
invasions
,
or
domestique
troubles
,
the
which
(
if
possible
)
that
Prince
would
have
prevented
,
but
he
lived
when
those
Celestial
Bodies
which
govern
the
action
of
Princes
seem
to
frown
on
the
most
Virtuous
and
Wise.
IX
.
And
as
there
is
no
Nation
in
the
World
more
tender
and
jealous
of
their
honour
then
the
English
;
so
none
more
impatiently
tollerate
the
diminution
thereof
.
Hence
it
was
that
in
all
Treaties
before
,
almost
any
thing
other
was
assertained
the
Dominion
of
the
Sea
,
and
stricking
the
Top-fail
was
alwaies
first
provided
for
.
In
the
Year
1653
,
after
the
Dutch
had
measured
the
length
of
their
Swords
with
those
of
this
Nation
,
and
being
sensible
of
the
odds
,
and
having
by
their
four
Embassadours
most
humbly
besought
Peace
,
this
very
Duty
of
the
Flagg
was
demanded
by
the
15th
.
Article
,
in
these
words
:
That
the
Ships
and
Uessels
of
the
said
United
Provinces
,
as
well
Men
of
War
as
others
,
he
they
in
single
Ships
,
or
in
Fleets
meeting
at
Sea
with
any
of
the
Ships
of
this
State
of
England
,
or
in
their
service
,
and
wearing
the
Flagg
;
shall
strike
the
Flagg
,
and
lower
their
Top-sail
,
untill
they
be
passed
by
,
and
shall
likewise
submit
themselves
to
be
visited
if
thereto
required
,
and
perform
all
other
respects
due
to
the
said
Common
Wealth
of
England
,
to
whom
the
Dominion
and
Soveraignty
of
the
British
Seas
belong
.
15
November
1653.
This
was
so
peremptorily
demanded
,
that
without
the
solemn
acknowledging
of
the
Soveraignty
over
the
British
Seas
,
there
was
no
Peace
to
be
had
;
that
as
to
the
acknowledging
of
the
Soveraignty
and
the
Flag
,
they
were
willing
to
continue
the
Antient
Custom
,
but
that
of
Visiting
was
somewhat
hard
:
't
is
true
the
latter
Clause
was
by
the
Usurper
waved
,
Le
ab
Atzma
.
fo.
847.
for
reasons
standing
with
his
private
interest
;
but
the
first
was
made
absolute
,
by
the
13
Article
between
Him
and
that
Republique
,
and
from
thence
it
was
transcribed
to
the
10
Article
at
White-Hall
,
and
afterwards
into
the
14
September
1662.
19
Article
at
Breda
,
and
from
thence
into
the
6th
.
Article
made
last
at
Westm.
and
that
Clause
of
searching
of
each
others
Ships
made
reciprocate
,
by
the
5
Article
made
in
the
December
the
18
1674.
S.
V.
Marine
Treaty
at
London
;
but
that
extends
not
to
Ships
of
War
,
but
only
the
Ships
of
Subjects
.
X.
By
the
British
Seas
in
the
Article
about
the
Flagg
,
are
meant
the
four
Seas
,
and
not
the
Channel
only
;
for
in
the
16
Article
they
did
express
what
was
meant
by
the
British
Seas
.
[
](A51124-e20790-b)†
†
But
now
by
the
last
Treaty
at
Westm:
the
dominion
is
ascertained
from
Cape
Finisterre
to
the
middle
Point
of
the
Land
Van
Staten
in
Norway
,
9
Feb.
1673/4.
That
the
Inhabitants
and
Subjects
of
the
United
Provinces
map
with
their
Ships
and
Uessels
furnished
as
Merchant
Men
,
fréely
use
their
Navigation
,
sail
pass
and
repass
in
the
Seas
of
Great
Britain
and
Ireland
,
and
the
Isles
within
the
same
,
commonly
called
the
British
Seas
,
without
any
wrong
or
injury
to
be
offered
them
by
the
Ships
or
People
of
this
Common-wealth
;
but
on
the
contrary
shall
be
treated
with
all
love
and
Friendly
offices
,
and
may
likewise
with
their
Men
of
War
—
Artic.
16.
in
the
Treaty
of
15
Nov.
1653.
not
excéeding
such
a
number
as
shall
be
agréed
upon
—
sail
,
pass
and
repass
through
,
the
said
Seas
,
to
and
from
the
Countries
and
Ports
beyond
them
;
but
in
case
the
said
States
General
shall
have
occasion
to
pass
through
the
said
Seas
with
a
greater
number
of
Men
of
War
,
they
shall
give
thrée
Months
notice
of
their
intention
to
the
Common-wealth
,
and
obtain
their
consent
for
the
passing
of
such
a
Fléet
,
for
preventing
of
Iealousy
and
misunderstanding
betwixt
the
States
by
means
thereof
.
The
first
part
of
this
Article
doth
plainly
set
out
the
extent
of
the
British
Seas
,
and
that
it
is
not
the
bare
Channel
alone
that
comprehends
the
same
,
but
the
four
Seas
,
and
the
same
is
further
explained
in
the
Great
Case
of
Constables
,
[
](A51124-e21000-b)†
†
Hill.
29
Eliz.
B.
〈◊〉
.
the
Queen
and
Sir
John
Constables
Case
.
Leonard
3.
part
72.
where
the
Dominion
of
the
Queen
(
before
the
union
)
as
to
the
Seas
,
did
extend
midway
between
England
and
Spain
;
but
entirely
between
England
and
France
;
for
the
French
never
had
any
right
or
claim
to
the
British
Seas
:
for
in
the
Wars
between
Edward
the
First
and
Philip
the
Fair
,
(
all
Commerce
on
both
sides
being
agreed
to
be
free
,
so
that
to
all
Merchants
whatsoever
Selden
de
Dom.
maris
l.
2.
cap.
14.
27
,
28.
there
should
be
induciae
,
which
were
called
sufferantia
Guerrae
,
and
Judges
on
both
sides
were
appointed
to
take
cognizance
of
all
things
done
against
these
Truces
,
and
should
exercise
Judicium
secundum
Legem
Mercatoriam
&
formam
sufferantiae
:
it
was
contained
in
the
first
provision
of
that
League
,
that
they
should
defend
each
others
Rights
against
all
others
;
this
afterwards
occasioned
the
introducing
that
Judgement
in
the
same
Kings
time
,
(
before
those
Judges
,
chosen
by
both
the
said
Princes
by
the
Proctors
of
the
Prelates
,
Nobility
and
High
Admiral
Cooke
4.
Inst.
fo.
142.
of
England
,
and
all
the
Cities
Towns
and
Subjects
of
England
,
&c.
unto
which
were
joyned
the
suffrages
of
the
most
Maritime
Nations
,
as
Genoa
,
Catalonia
,
Spain
,
Almain
,
Zeland
,
Holland
,
Freisland
,
Denmark
and
Norway
,
and
divers
other
Subjects
of
the
Roman
Empire
,
)
against
Reginer
Grimbald
,
then
Admiral
of
France
,
for
that
there
being
Wars
between
Philip
King
of
France
and
Guy
Earl
of
Flanders
,
he
had
taken
Merchants
upon
those
Seas
,
in
their
Voyage
to
Flanders
,
and
despoiled
them
of
their
Goods
;
whereas
the
Kings
of
England
and
their
Predecessors
,
(
as
they
all
joyntly
do
declare
and
affirm
without
all
controversy
beyond
the
memory
of
Man
,
)
have
had
the
Supream
Government
of
the
English
Seas
,
and
the
Islands
thereof
.
Praes●…ribendo
scilicet
Leges
Statuta
atque
interdicta
armorum
,
naviumque
alio
ac
Mercatoriis
,
armamentis
instructarum
,
causationes
exigendo
,
tutelam
praebendo
,
ubicunque
opus
esset
,
atque
alio
constituendo
quaecunque
fuerint
necessaria
ad
pacem
,
jus
&
equitatem
conservandam
inter
omnimodas
vates
tam
exteras
quam
in
Imperio
Anglicano
comprehensas
quae
per
illud
transierint
;
supremam
iisdem
item
fuisse
atque
esse
tutelam
;
A
universal
consent
of
all
Nations
.
merum
mixtum
Imperium
in
juredicendo
secundam
dictas
Leges
Statuta
praescripta
&
interdicta
,
aliisque
in
rebus
quae
ad
summum
Imperium
attine
in
locis
adjudicatis
.
By
which
memorable
Record
,
it
apparently
shewes
that
the
Kings
of
England
have
hand
istud
regimen
&
dominium
exclusive
of
the
King
of
France
bordering
upon
the
same
Seas
and
of
all
other
Kings
and
Princes
whatsoever
:
and
4.
Instit.
142.
Seldencap
.
27
Mare
clausum
.
it
was
there
adjudged
that
Grimbalds
Patent
was
an
usurpation
on
the
King
of
England's
Dominion
,
and
he
adjudged
to
make
satisfaction
,
or
if
he
proved
unable
,
then
Sir
John
Burroughs
fo.
42.
the
King
his
Master
should
and
that
after
satisfaction
he
rendred
to
punishment
.
And
as
to
the
second
part
of
the
Articles
of
giving
notice
,
it
was
but
an
Act
of
Common
prudence
,
their
late
unexpected
visit
which
they
then
gave
,
put
the
English
to
some
surprise
;
but
they
facing
the
Battavian
,
soon
made
them
know
that
they
were
as
capable
of
beating
them
home
,
as
they
were
then
daring
in
coming
out
,
and
were
not
to
be
braved
out
of
a
Dominion
and
Right
,
which
their
Ancestors
had
with
so
much
glory
acquired
and
asserted
.
XI
.
By
the
Article
of
the
Offensive
and
Defensive
League
between
France
and
the
United
Provinces
,
it
was
Anno
1635.
agreed
,
That
if
at
any
time
the
Dutch
Fleet
(
—
which
were
to
scoure
the
French
Coasts
in
the
Mediterranean
from
Leo
ab
Aitzma
Hist
Tract
.
pacis
Belgi
pag.
177.
Edit.
Lugduni
Batavor
.
quarto
1654.
Pyrats
)
should
at
any
time
meet
the
French
,
the
Admiral
of
the
Dutch
was
to
strike
his
Flagg
and
lower
his
Top-Sail
at
his
first
approach
to
the
French
Fleet
,
and
to
salute
the
Admiral
of
France
with
Guns
,
who
was
to
return
the
said
salute
by
Guns
also
,
as
was
usual
when
the
Dutch
and
English
Fleet
did
meet
.
Only
in
this
the
right
of
the
Flagg
of
England
differs
from
that
claimed
by
the
French
;
for
if
there
had
been
a
failer
on
the
part
of
the
Dutch
,
of
paying
that
respect
to
the
French
,
the
same
would
have
amounted
to
no
more
but
a
breach
of
the
League
:
but
the
not
striking
to
the
King
of
Englands
Flagg
,
is
open
Rebellion
;
and
the
Article
does
so
signify
,
for
it
is
there
mentioned
as
a
Right
and
Soveraignty
,
not
a
bare
Dominion
only
,
like
that
of
Jerusalem
to
the
King
of
Spain
.
XII
.
The
Duty
of
the
Flagg
that
hath
been
so
constantly
pay'd
to
our
Ancestors
,
is
of
such
advantage
to
the
continuing
the
renown
of
this
Nation
,
that
it
serveth
to
imprint
new
reverence
in
Forreigners
that
render
it
,
and
adds
new
courage
to
those
of
our
Sea
Men
that
exact
it
;
and
since
we
know
how
much
it
imports
a
State
that
it
be
reverenced
abroad
,
and
that
Repute
is
the
principal
support
of
any
Government
,
it
equally
influenceth
the
Subjects
at
Home
and
Forreign
Allies
abroad
:
And
as
there
is
no
Nation
in
the
World
more
tender
of
their
Honour
then
the
English
,
so
none
more
impatiently
tollerate
the
diminution
thereof
,
with
what
resentments
would
not
only
the
more
generous
and
Noble
,
but
even
the
Popular
and
vulgar
Sea
Men
detest
this
or
any
succeeding
Age
should
they
remit
or
loose
that
Regality
;
those
acknowledgements
which
their
Predecessors
with
so
much
Glory
asserted
,
and
the
neglect
whereof
was
alwaies
punished
as
open
Rebellion
:
the
indignity
of
such
an
Action
being
sufficient
to
enflame
the
whole
Kingdom
,
the
consideration
of
which
besides
his
Sacred
Majesties
own
Royal
inclination
to
the
same
,
and
his
evident
testimonies
never
to
abandon
a
ceremony
of
so
high
a
concernment
;
witness
the
exposing
the
one
half
of
his
own
heart
his
Royal
Highness
,
in
the
asserting
the
same
,
with
such
Fleets
and
in
such
Battles
,
that
no
Age
It
is
no
policyto
attempt
the
change
of
old
Customs
and
usages
,
even
errors
&
abuses
are
up
on
such
an
account
legally
tollerated
.
In
omnibus
rebus
vetustas
ipsa
plurimum
habet
dignitatis
:
ita
ut
Massalienses
quorum
praestantissima
creditur
fu●…ssa
Respublica
,
laudentur
to
nomine
quod
gladio
ad
puniendos
sontes
usi
sint
,
eodem
a
condita
Urbe
quo
indicarent
in
minimis
quoque
rebus
antiquae
consuetudinis
momenta
servanda
.
Proxime
enim
ad
demum
accidit
Antiquitas
,
aeternitatis
quadam
imagine
.
Grot.
de
Antiq.
Rep.
Batav
.
in
Praefat.
or
time
cannot
shew
a
memorial
of
the
like
,
are
causes
sufficient
to
create
in
us
new
flames
of
love
to
those
Royal
Patriots
and
Defenders
of
our
Rights
.
Private
Persons
move
in
another
sphear
,
and
act
by
other
Rules
then
Soveraign
Powers
;
the
regard
of
credit
with
them
,
may
oftentimes
yield
to
those
of
utility
or
other
motives
;
the
Publique
receives
little
injury
thereby
,
or
is
their
wisdom
questioned
for
such
punctilio's
,
if
they
relinquish
them
Ceteris
mortalibus
in
eo
stare
consilia
,
quid
sibi
conducere
putent
:
Principium
diversam
esse
sortem
,
quibus
praecipua
rerum
ad
summam
dirigenda
.
Tacitus
Annal.
l.
4.
for
other
Imoluments
or
Peace
sake
;
but
Soveraigns
cannot
so
transact
,
their
subjects
the
People
participate
in
their
Honour
and
indignities
;
they
have
a
property
,
a
direct
Right
in
the
former
[
](A51124-e22200-b)†
†
Vide
the
Earl
of
Shastsbury's
Speech
to
the
Parliament
1672.
:
Soveraignes
cannot
alienate
or
suffer
their
Honours
to
be
impaired
,
because
it
is
not
really
theirs
,
it
appertains
to
the
Nation
universally
,
and
they
are
all
effectually
injured
by
such
transactions
,
either
because
the
indignity
doth
really
extend
to
them
,
or
because
the
Government
and
Authority
is
thereupon
weakned
and
prejudiced
,
which
is
the
greatest
of
Civil
detriments
that
can
Si
fama
tua
videtur
necessaria
,
rectam
muneris
tui
administrationem
non
potest
condonare
.
Lessius
de
Inst.
l.
2.
c.
11.
dub
.
24.
§.
26.
befall
a
People
,
though
ordinarily
they
are
not
aware
thereof
.
As
Prudence
doth
thus
distinguish
betwixt
the
demeanor
of
Private
and
Publique
Persons
,
so
doth
Charity
it self
;
for
though
the
Gospel
precepts
do
oblidge
particular
Persons
to
bear
injuries
and
contumelies
with
patience
,
and
to
surrender
even
the
Coat
as
well
as
the
Cloak
;
yet
is
not
this
so
to
be
construed
,
as
if
even
Private
Christians
were
to
yield
up
their
Civil
Rights
to
every
insolent
that
would
incroach
upon
,
and
usurp
them
,
or
that
they
were
to
deprive
themselves
of
those
Reparations
,
which
the
Law
and
Government
affords
them
;
neither
is
it
so
to
be
understood
as
if
the
Civil
Magistrate
in
Christendom
might
not
secure
himself
of
that
obedience
and
reverence
,
which
is
due
unto
dignity
,
but
bear
the
Sword
in
vain
.
XIII
.
This
being
the
value
which
this
Nation
did
alwaies
place
upon
the
Right
of
the
Flagg
,
the
which
they
never
did
regard
it
only
as
a
Civility
and
Respect
,
but
as
a
principal
Testimony
of
the
unquestionable
Right
of
this
Nation
to
the
Dominion
and
superiority
of
the
adjacent
Seas
,
acknowledged
generally
by
all
the
Neighbour
States
and
Princes
of
Europe
,
and
must
be
pay'd
and
ackowledged
by
all
Princes
in
the
World
,
that
shall
be
or
pass
on
the
same
.
Selden
Mare
Clausum
l.
2.
cap.
24.
The
Maritime
Dominion
by
the
Laws
of
England
were
alwaies
accounted
the
Four
Seas
,
such
as
are
born
thereon
,
are
not
Aliens
,
and
to
be
within
them
is
to
be
within
Fitzherberts
protection
tit.
46.
the
Legeance
of
the
King
and
Realm
of
England
.
The
Records
in
the
daies
of
Edward
the
3d.
and
Henry
Seld.
ibidem
c.
23.
the
5th
.
proclaim
it
,
that
those
Kings
and
their
Progenitors
had
ever
been
Lords
of
the
Seas
:
and
amongst
those
Co.
4.
Iustit
.
fo.
142.
many
great
Instances
of
proving
the
Soveraignty
of
the
same
,
is
that
famous
Record
of
Edward
the
first
and
Phillip
the
Fair
of
France
,
in
which
the
Procurators
of
most
Nations
Bordering
upon
the
Sea
thoroughout
Europe
,
as
the
Genoeses
,
Catalonians
,
Almaines
,
Zelanders
,
Hollanders
,
Freislanders
,
Danes
and
Norwygians
,
besides
others
under
the
Dominion
of
the
Roman
German
Empire
,
where
all
joyntly
declare
,
That
the
Kings
of
England
,
by
right
of
the
said
Kingdom
from
time
to
time
,
whereof
there
is
no
memorial
to
the
contrary
,
have
béen
in
peaceable
possession
of
the
Soveraign
Lordship
of
the
Seas
of
England
,
and
of
the
●…es
within
the
same
,
with
power
of
making
and
establishing
Laws
,
Statutes
and
Prohibitions
of
Arms
,
and
of
Ships
otherwise
furnished
then
Merchant
Men
use
to
be
,
and
of
taking
surety
,
and
affording
safe-guard
in
all
cases
where
néed
shall
require
,
and
of
ordering
all
things
necessary
for
the
maintaining
of
Peace
,
Right
and
Vide
part
of
the
Record
in
fo.
54.
Equity
among
all
manner
of
People
,
as
well
of
other
Dominions
,
as
their
own
passing
through
the
said
Seas
,
and
the
Soveraign
Guard
thereof
.
By
which
it
plainly
appears
,
That
the
King
of
England
had
then
been
in
peaceable
possession
of
the
said
Dominion
by
immemorial
prescription
,
that
the
Soveraignty
belongeth
unto
them
not
because
they
were
Domini
utriusque
ripas
,
)
when
they
had
both
England
and
Normandy
,
and
were
Lords
of
both
shores
;
(
for
Edward
the
first
at
that
time
had
not
Normandy
)
but
that
it
is
inseparably
appendant
And
the
case
29
Eliz.
in
B.
R.
Sir
John
Constables
,
Leonard
3.
part
72
,
the
reason
of
the
opinion
there
is
mistaken
:
for
the
right
unto
the
Sea
ariseth
not
from
the
possession
of
the
shores
;
for
the
Sea
and
Land
make
distinct
Territories
,
and
by
the
Laws
of
England
the
Land
is
called
the
Realm
,
but
the
Sea
the
Dominion
;
and
as
the
loss
of
one
Province
doth
not
infer
that
the
Prince
must
resign
up
the
rest
;
so
the
loss
of
the
Land
Territory
doth
not
by
concomitancy
argue
the
loss
of
the
adjacent
Seas
.
I
is
no
more
necessary
that
every
Sea
Town
should
command
100
miles
at
Sea
,
then
that
each
City
should
command
100
miles
by
Land
.
Julius
Paucius
de
Dom.
maris
Adriatici
.
and
annexed
to
the
Kingdom
of
England
,
our
Kings
being
Superior
Lords
of
the
said
Seas
,
by
reason
(
as
the
very
Record
mentions
)
of
the
said
Kingdom
,
and
since
that
the
Soveraignty
of
the
Sea
did
alwaies
appertain
unto
the
English
King
,
not
in
any
other
Right
then
that
of
the
Kingdom
of
England
;
no
Prince
or
Republique
ought
or
can
doubt
the
Tittle
by
which
our
present
claim
is
deduced
;
't
is
in
right
of
Britannia
,
that
the
same
is
challenged
,
't
was
in
that
right
the
Romans
held
it
:
the
claim
justified
Ed.
3.
and
his
Rose
Noble
;
though
there
are
other
reasons
regarding
to
the
Lancastrian
Line
,
which
yield
a
Colour
for
the
use
of
the
Port-cullis
in
the
Roal
Banners
of
England
;
yet
as
in
reference
to
the
Maritime
Dominion
Henry
8th
.
did
embellish
his
Navy
Royal
therewith
,
and
Queen
Elizabeth
stamped
it
upon
those
Dollars
which
she
designed
for
the
East
India
Trade
,
signifying
her
Power
Anno
Domini
1600.
of
shutting
up
the
Seas
,
if
she
thought
fit
(
as
by
a
Port-cullis
)
with
the
Navy
Royal
;
this
Dominion
of
the
British
Seas
did
Authenticate
the
Proclamation
of
King
James
,
ordaining
the
Flemish
at
London
and
Edinborough
to
take
licence
to
Fish
,
this
justified
the
like
Proclamation
Anno
Domini
1609.
by
the
late
Royal
Martyr
King
Charles
,
and
warranted
by
the
Earl
of
Northumberland
in
his
Naval
Expedition
.
Anno
Domini
1636.
That
Prescription
is
valid
against
the
claims
of
Soveraign
Princes
cannot
be
deny'd
,
by
any
who
regard
the
Holy
Will
.
Fulbecks
Pandects
of
the
Law
of
Nations
c.
4.
Scripture
;
reason
,
the
practise
and
tranquillity
of
the
World
:
and
that
true
it
is
,
the
modern
Dutch
have
pretended
,
if
not
dared
,
to
challenge
the
Freedom
to
Fish
in
the
British
The
King
against
Sir
John
Byron
Bridgman
fo.
23
,
24
,
25.
Seas
,
by
Prescription
;
but
it
is
likewise
as
true
that
Prescription
depends
not
upon
the
Corporeal
but
the
Civil
possession
,
and
that
is
retained
if
claim
,
be
but
made
so
often
as
to
barr
the
Prescription
,
the
which
hath
been
alwaies
made
evident
;
first
by
frequent
Medals
,
next
by
punishing
those
that
refused
it
as
Rebels
,
by
guarding
it
of
it
;
and
lastly
by
giving
Laws
time
out
of
mind
on
it
,
which
evidently
proves
that
the
Civil
possession
is
not
relinquished
;
&
our
Kings
constantly
claiming
the
Dominion
of
the
same
,
none
else
pretending
,
all
Nations
acknowledging
it
to
be
in
them
,
and
the
same
never
questioned
,
till
those
modern
Dutch
(
of
yesterday
)
arose
.
XIV
.
The
importance
of
the
Dominion
of
the
Sea
unto
this
Nation
,
is
very
great
,
for
alone
on
that
depends
our
Security
,
our
Wealth
,
our
Glory
;
from
hence
it
is
that
England
hath
a
Right
to
all
those
advantages
and
emoluments
,
which
the
Venetian
Republique
draws
from
the
Adriatique
Sea
,
where
the
Ships
of
the
Grand
Seignior
,
of
the
Emperor
,
King
of
Spain
,
and
Pope
,
pay
Customs
,
to
maintain
those
Fleets
,
which
give
Laws
to
them
within
the
Gulfe
,
't
is
hereby
that
the
English
can
shut
up
or
open
these
Seas
for
Ships
or
Fleets
to
pass
or
repass
them
;
whereto
Queen
Elizabeth
had
so
special
a
regard
,
that
when
the
King
of
Denmark
and
the
Hansiatique
Towns
sollicited
her
Majesty
to
permit
them
free
passage
,
they
transporting
Corn
into
Spain
,
she
refused
them
;
and
when
a
Protestant
Fleet
of
Hamburgers
and
Vide
postea
in
Chap.
of
Customs
.
others
,
had
presumed
to
do
so
notwithstanding
her
prohibition
,
she
caused
her
Navy
Royal
to
seize
,
take
,
burn
June
30.
anno
1598.
and
spoil
them
,
when
they
were
passed
her
Maritime
Territory
,
within
sight
of
Lisbon
;
yielding
this
reason
for
her
justification
,
that
they
not
only
relieved
her
Enemy
with
provisions
,
but
had
presumptuously
made
use
of
her
Seas
,
without
obtaining
her
Royal
Permission
for
so
doing
:
't
is
from
hence
that
the
Crown
of
England
can
justly
demand
an
account
of
any
Ship
or
Ships
occurring
in
those
Seas
,
what
's
their
Business
,
and
what
their
intentions
are
;
and
prohibite
any
Prince
or
Reipublique
,
to
enter
there
with
potent
Fleets
,
without
praeacquainting
his
Majesty
and
obtaining
his
Royal
Permission
;
without
which
Dominion
and
Soveraignty
,
England
can
never
live
secure
on
shore
,
it
being
easy
for
any
Forreign
Fleets
to
amuse
us
with
specious
pretenses
,
and
in
their
passage
to
invade
and
surprise
us
:
Thus
whilst
the
Turk
pretended
to
sail
for
Malta
,
he
occasionally
possessed
himself
of
Canea
,
in
the
Isle
of
Candia
;
many
such
presidents
do
occur
in
History
:
And
in
fear
of
such
surprizal
,
the
Athenians
Selden
lib.
1.
cap.
11.
(
being
Lords
at
Sea
)
did
exclude
the
Persian
Monarchs
from
sending
any
Ships
of
War
into
any
part
of
the
Aegean
Sea
,
Rhodian
,
Carpathian
and
Lydian
Seas
,
and
that
which
tends
to
the
West
,
towards
Athens
;
the
like
caution
was
used
by
the
Romans
against
Antiochus
and
the
Carthaginians
;
and
the
Turk
prohibits
all
Nations
,
saving
his
Vassals
,
to
enter
the
Black
Sea
or
Pontus
Euxinus
,
and
also
the
Red
Sea
;
and
that
't
is
by
virtue
and
force
Alber.
Gentil
.
Hisp.
Advocat
l.
1.
c.
14.
vide
Mr.
Secretary
,
Cookes
Letter
to
Sir
William
Boswell
April
16
,
1635.
of
this
right
that
the
British
Nation
can
drive
on
their
own
Commerce
,
navigate
themselves
,
and
permit
others
securely
to
trade
with
them
;
't
is
true
that
the
Dutch
have
presumed
some
years
since
,
to
violate
the
security
of
the
British
Seas
,
by
the
attacking
the
Allies
of
England
,
not
only
within
the
British
Seas
,
but
in
her
Harbours
,
attempting
to
pursue
a
French
Vessel
up
almost
to
London
,
and
have
more
then
once
[
](A51124-e24140-b)*
*
The
fight
of
the
Dutch
with
the
Spanish
Fleet
,
in
the
1639.
Downes
Scilicet
hoc
factum
Hollan
.
dorum
est
contra
justitiam
omnem
pro
certo
:
&
contra
reverentiam
qua
partibus
&
territoriis
debitur
alienis
.
Al●…
.
Gent.
Hisp.
Advocat
,
l.
1.
3.
14.
attacqued
the
Spanish
Fleets
in
her
Ports
,
under
the
protection
of
her
Castles
,
and
that
against
the
Laws
of
Nations
,
and
the
Peace
of
Ports
,
in
which
for
the
time
they
seemed
to
cloud
the
Honour
of
the
Nation
,
but
satisfaction
for
indignities
of
that
nature
,
though
slow
,
yet
are
sure
,
and
should
such
as
those
have
been
longer
tollerated
:
Beloved
Britannia
must
become
a
prostitute
,
by
a
Confederation
of
those
States
,
or
take
Pass-ports
for
her
Commerce
;
But
the
Royal
Martyrs
goodness
was
no
longer
to
be
trod
on
,
his
Heart
and
his
Cause
were
good
,
and
though
those
unhappy
times
(
which
were
crooked
to
whatsoever
seem'd
straight
)
did
hinder
the
accomplshiments
of
his
entire
intention
for
satisfaction
;
yet
those
whom
the
just
God
of
Heaven
was
pleased
for
a
time
to
permit
as
a
punishment
to
this
Nation
to
rule
,
did
not
want
in
the
fulfilling
;
for
so
soon
as
he
was
pleased
to
stay
the
fury
of
the
Intestine
Sword
,
their
hearts
took
fire
from
that
flame
that
had
formerly
been
kindled
in
that
Royal
Brest
,
and
having
prepared
a
Fleet
,
in
order
to
the
treating
as
Souldiers
with
Swords
in
their
hands
,
they
were
in
the
like
manner
assaulted
Anno
Domini
1552.
in
their
Territories
in
the
Downes
;
(
but
the
Dutch
found
then
what
it
was
(
though
two
for
one
)
to
assault
a
British
Lyon
at
the
mouth
of
his
Den
,
)
intending
,
if
possible
,
to
have
destroyed
the
English
Power
,
but
were
frustrated
in
their
design
,
being
severely
beaten
home
to
their
own
doo●…●…d
afterwards
those
that
then
had
got
the
English
●…d
in
their
hands
,
begun
to
consider
that
the
Vict●…y
●…ust
be
pursued
,
as
a
season
fit
to
assert
their
Antien●…●…ight
and
Soveraignty
of
the
Sea
,
and
then
those
people
thinking
that
the
odds
before
was
not
enough
to
destroy
the
Bri●…
Fleet
,
they
equipt
out
a
Fleet
greater
and
far
more
numerous
then
the
English
,
under
the
Admirals
Van
Trump
,
De
Witt
,
the
two
Evertsons
,
and
Ruyter
;
but
they
suffered
the
same
fate
as
their
former
,
about
some
34
of
their
Ships
on
the
Coast
of
Flanders
,
burnt
and
Jun̄e
2
and
3.
taken
,
and
the
rest
chased
home
to
their
Ports
;
and
not
long
after
followed
the
total
defeat
of
their
Naval
forces
,
About
the
8
of
●…g
.
1653
,
accompanied
with
the
death
of
Van
Trump
by
the
English
,
under
the
Admirals
Blake
and
Monk
,
who
had
sunk
and
fired
about
30
more
of
their
Ships
of
War
(
no
quarter
being
given
till
the
end
of
the
Bataill
)
six
Captains
,
and
about
a
thousand
Men
were
taken
prisoners
,
and
about
six
thousand
slain
of
their
Presomptions
:
since
(
amongst
other
things
)
in
denying
the
duty
of
the
Flagg
,
and
of
what
punishment
and
check
they
have
had
for
the
same
,
to
what
condition
they
have
been
reduced
and
made
,
to
acknowledge
that
Dominion
and
Superiority
,
to
that
Crown
(
under
which
their
Ancestors
humbly
[
](A51124-e24690-b)†
†
Offered
to
Queen
Eliz.
Cette-cy
entre
autres
merite
bien
une
consideration
speciale
,
Que
la
conjunctiondesdits
Pays
de
Hollande
,
Zelande
,
Frize
,
&
des
Villes
de
l'Escluz
,
&
Ostende
in
Flandres
,
avec
les
Royaumes
de
vostre
Majesté
,
emporte
&
soit
l'Empire
de
la
Grande
Mer
Oceane
;
&
par
consequent
une
asseurance
&
Felicité
perpetuelle
pour
les
Subjects
de
vostre
Serenissime
Majesté
,
John
Stow
Supplement
to
Holling
shed
.
An.
Dom.
1585.
Vide
Sir
Walter
Raleigh
lib.
5.
cap.
2.
§.
2
&
3.
besought
the
acceptance
of
the
Soveraignty
of
the
Netherlands
,
might
be
annexed
and
protected
)
is
now
fresh
in
our
memories
,
so
high
and
of
so
great
Importance
is
this
Dominion
and
Soveraignty
signified
by
the
Duty
of
the
Flagg
in
the
British
circumjacent
Seas
.
CHAP.
VI.
Of
the
Right
of
Pressing
or
seizing
of
Ships
or
Mariners
,
for
service
publique
.
-
I.
That
such
Right
is
excepted
in
the
Law
of
Dominion
.
-
II.
Whether
the
Ships
of
Nations
who
are
in
war
at
the
same
time
may
be
pressed
,
the
danger
being
equal
.
-
III.
Whether
this
Right
extends
to
Ships
to
fight
,
and
no
●…more
,
or
gives
a
power
to
trade
.
-
IV.
By
the
Laws
of
England
the
King
may
seize
.
-
V.
The
reason
why
such
power
was
ves●…ed
in
the
Admiral
.
-
VI.
That
such
a
right
of
compelling
Men
to
serve
in
Naval
Expeditions
may
be
.
-
VII
Objections
legal
refuted
.
-
VIII
.
Of
the
antient
punishment
of
such
deserters
of
the
Kings
service
.
-
IX
.
Whether
it
be
lawful
for
a
private
Man
to
execute
Justice
on
such
as
fly
and
desert
the
service
.
-
X.
Where
a
General
Commission
is
given
to
Men
to
execute
Justice
.
I.
THe
Civil
Law
,
though
it
can
command
nothing
which
the
Law
of
Nature
forbids
,
nor
forbid
what
it
commands
;
nevertheless
it
may
circumscribe
natural
liberty
,
and
prohibite
what
was
naturally
lawful
:
and
also
by
its
force
antevert
that
very
Dominion
,
which
is
naturally
to
be
acquired
:
Hence
it
is
that
Princes
by
the
Law
of
Nations
may
acquire
a
Right
of
use
,
of
things
that
do
belong
to
private
Persons
,
for
property
hath
not
(
as
hath
been
said
)
swallow'd
up
all
that
Right
,
which
rose
from
the
Common
State
of
things
;
for
as
all
Laws
are
to
be
construed
as
neer
as
possible
to
the
intention
of
the
Makers
,
so
we
must
consider
what
was
the
mind
of
those
that
first
introduced
singular
Dominions
;
now
the
Rule
to
construe
that
,
must
be
as
neer
as
possible
to
Enna
,
aut
malo
aut
necessario
facinere
retenta
.
Livy
lib.
24.
naturall
equity
,
and
that
in
extream
necessity
that
old
right
of
using
things
should
revive
as
if
the
things
had
remained
common
,
the
same
standing
with
the
interest
of
all
humane
constitutions
;
and
therefore
in
the
Law
of
Dominion
extream
necessity
seems
excepted
:
Hence
it
is
that
the
Vessels
and
Ships
of
what
nature
or
Nation
soever
[
](A51124-e25080-b)*
*
F.
de
Navibus
non
excus
.
C.
l.
11
tit.
3.
and
Pekius
on
the
same
Law
.
that
shall
be
found
riding
in
the
Port
or
Havens
of
any
Prince
or
State
,
may
be
seized
on
,
and
imploy'd
upon
any
service
of
that
Soverain
that
shall
seize
,
the
same
being
but
a
harmless
utility
not
divesting
the
Owners
of
their
inte●…●…r
property
.
II.
If
a
Ship
of
the
King
of
Denmark
be
in
the
Port
of
London
,
and
the
Swede
is
in
War
with
that
Prince
;
and
it
happens
at
that
time
the
King
of
Britain
is
in
War
with
the
Spaniard
,
now
the
possessor
is
here
pressed
with
an
equal
necessity
,
and
by
the
same
argument
is
rather
obliged
to
the
defense
of
his
own
Country
then
another
,
whether
by
the
Law
of
Nations
the
Ship
ought
to
be
detained
,
hath
been
doubted
;
most
certain
they
may
,
who
Quidni
enim
(
inquit
Cicero
)
quando
scire
detremento
sue
potest
,
alteri
communi●…t
,
in
iis
qu●…
sunt
accipienti
utilia
,
danta
non
molesta
.
1.
de
Offic.
1.
would
not
pluck
a
Shipwrackt
Man
from
his
planck
?
or
a
wounded
Man
from
his
horse
,
rather
then
suffer
himself
to
perish
;
to
slight
which
is
a
sin
,
and
to
preserve
the
highest
of
wisdom
;
besides
in
the
taking
of
the
Vessel
the
right
is
not
taken
from
the
Owner
,
but
only
the
use
,
which
when
the
necessity
is
over
there
is
a
condition
of
restoring
annexed
tacitly
to
such
a
seizure
.
[
](A51124-e25190-b)*
*
De
expeditione
Cyri.
And
doubtless
the
same
right
remains
to
seize
the
Ships
of
War
of
any
Nations
,
as
well
as
those
of
Private
interrest
,
the
which
may
be
imploy'd
as
occasion
shall
be
present
:
So
the
Grecians
seized
on
Ships
of
all
Nations
that
were
in
Ports
,
by
the
advice
of
Xenophon
;
but
in
the
time
provided
food
and
wages
to
the
Mariners
.
III.
Whether
this
Right
extends
so
far
as
to
give
Princes
a
power
to
seize
in
order
to
traffique
,
may
be
some
question
;
certainly
if
the
traffique
be
for
such
commodities
as
Masts
,
Timber
,
Tar
,
Powder
,
shot
or
other
commodities
10
Ed.
m.
16.
12.
or
accoutrements
of
Armes
,
or
Naval
provisions
of
offence
necessary
for
the
defence
of
the
Realm
,
it
may
be
done
(
but
then
it
is
just
,
fraight
[
](A51124-e25260-b)*
*
23
Ed.
1.
Rott.
77.
in
the
Exchequer
.
should
be
pay'd
)
for
what
hurt
can
it
do
me
to
let
another
my
Boat
to
pass
over
a
ford
,
if
he
rewards
me
?
and
if
that
be
answered
,
the
Owners
are
at
no
prejudice
,
for
this
is
but
a
harmeless
utility
.
IV.
By
the
Laws
of
England
there
is
no
question
,
but
12
E.
3.
in
the
Black-Book
of
the
Admiralty
p.
26
and
27.
6
Joh.
m.
11.
9.
Joh.
m.
3.
24.
Ed.
2.
m.
17.
11
R.
2.
m.
13.
Rot.
Franc.
the
King
may
seize
,
and
it
appears
by
very
many
antient
Records
,
that
he
might
do
it
;
and
it
was
one
of
the
Articles
of
enquiry
amongst
others
,
Item
,
soit
in
quis
de
Neifs
qui
sont
arrestez
pour
le
service
du
Roy
ou
de
l'Admiral
,
&
debreissant
le
Arrest
,
then
follows
,
Ordonne
estoit
en
temps
du
Roy
Richard
le
primier
a
Grimsby
per
advise
de
plusteurs
Seigneurs
du
Royaume
,
que
quand
Neifs
seront
arrestez
,
&c.
and
that
upon
such
Arrests
broken
,
the
parties
might
be
punished
and
fined
.
Again
,
Inquiratur
si
arrestatus
,
ad
serviendum
Regi
fregit
De
Offic.
Admiral
Angliae
per
Roughton
Artic.
10.
arrestum
,
hujusmodi
transgressor
stat
in
gratia
Regia
sive
Admiralli
sui
ultrum
voluerint
committere
Carceribus
mancipandum
vel
finem
facere
,
in
hac
parte
si
arrestum
hujusmodi
factum
manifestum
fuerit
cognitum
.
If
the
Admiral
by
the
Kings
Command
arrests
any
Ships
for
the
Kings
service
,
and
he
or
his
Livetenant
return
and
certify
the
Arrest
or
a
List
of
the
Ships
arrested
,
into
The
Black-Book
of
the
Admiralty
.
fo.
28
29
&
157
,
158.
15.
R.
2.
c.
3.
Chancery
,
no
Master
or
Owner
of
the
Ships
so
arrested
shall
be
received
to
plead
against
the
return
,
pur
ceo
que
l'Admiral
&
son
Lieu●…enant
sont
de
Record
.
And
if
the
Ship
so
arrested
,
break
the
arrest
,
and
the
Master
or
Owner
thereof
be
indicted
and
convicted
devant
l'Admiral
,
by
the
Oath
of
12
Men
,
the
Ship
shall
be
confiscate
to
the
King
,
which
power
the
General
maintains
in
all
places
where
he
has
power
,
and
the
same
seems
Cro.
Arg.
of
Hampdens
C.
called
the
Ship
money
C.
fo.
79
to
100.
to
be
provided
for
in
the
latter
Clause
of
15
R.
2.
Ca.
3.
King
Ethelred
,
his
Bishops
and
Nobles
in
the
General
Councel
of
Enham
an.
1009
,
for
the
setting
out
a
Fleet
every
year
;
and
the
punishment
of
those
who
hurt
or
Spelmanni
Cnocil
.
Tom.
fo.
520
,
521.
spoiled
any
Ship
,
or
deserted
the
service
,
especially
if
the
King
was
present
in
the
Expedition
;
amongst
others
it
was
enacted
,
Si
quis
Navem
in
Reipub.
expeditionem
designatam
vitiaverit
,
damnum
integre
restitutio
&
Pacem
Regis
violatam
compensato
;
si
verum
ita
prorsus
coruperit
,
ut
deinceps
nihili
habeatur
:
plenam
luito
injuriam
&
laesam
praeterea
Majestatem
,
So
Sir
Henry
Spelmans
Version
out
of
the
Saxon
Copy
renders
it
,
but
the
antient
Copy
hath
it
more
largely
.
Naves
per
singulos
annos
ob
pa●…ae
defensionem
&
munitionem
Spelmanni
fo.
528
expeditio
Navalis
.
praeparentur
,
postque
Sacrosanctum
Pascha
cum
cunctis
utensilibus
competentibus
simul
congregentur
;
qua
igitur
etiam
poena
digni
sunt
,
qui
Navium
detrimentum
in
aliquibus
perficiunt
:
notum
esse
cupimus
,
quicunque
aliquam
ex
Navibus
per
quampiam
inertiam
vel
incuriam
,
vell
negligentiam
corruperit
,
&
tamen
recuperabilis
sit
;
is
Navis
corruptelam
vel
fracturam
ejusdem
per
solidam
prius
recuperet
,
Regique
deinde
,
eaque
pro
ejusdem
munitionis
fractura
,
sibimet
pertenent
rite
persolvat
.
Most
certain
it
is
,
that
the
Kings
of
England
,
have
in
all
Ages
by
their
Writs
and
Patents
,
commanded
not
only
the
Admiral
,
but
the
Wardens
of
the
Cinque
Ports
and
others
,
to
arrest
and
provide
Ships
of
War
and
other
Vessels
,
and
impress
and
provide
Masters
of
Ships
,
Sea
Men
Mariners
,
Rot.
Scotiae
10
E.
3.
m.
2.
to
17.
and
then
to
34.
intus
&
dors.
to
28.
and
all
other
necessary
Tackle
.
Arms
and
provisions
for
Ships
,
for
the
defense
of
the
Sea
and
the
Realm
against
forreign
Enemies
,
or
for
transporting
of
Armies
paying
their
freight
(
if
not
bound
there
by
tenure
)
as
well
as
to
elect
and
provide
all
sorts
of
Souldiers
,
Carpenters
and
others
Officers
to
be
assistants
in
their
several
Expeditions
.
But
Firshermen
or
Mariners
pressed
for
the
Service
,
are
1
Eliz.
cap.
13.
Vide
Stat
16.
17
Car.
I.
c.
15.
not
to
be
imploy'd
as
Souldiers
,
but
only
as
Mariners
;
unless
it
be
in
cas●…s
of
great
necessity
,
or
bound
thereunto
,
by
tenure
,
Custom
or
Covenant
.
And
Water-Men
that
shall
withdraw
themselves
in
2
&
3
P.
M.
C.
16.
time
of
pressing
,
shall
suffer
a
fortnights
imprisonment
,
and
be
prohibited
to
row
on
the
Thames
.
V.
The
reason
why
the
Admirals
had
such
power
given
them
,
was
because
they
being
sometimes
called
Capitanei
,
and
Gubernatores
Flotarum
;
they
had
their
ordering
and
Governing
of
the
Ships
of
War
,
and
the
raising
and
fitting
up
such
Ships
for
the
Navies
,
as
they
thought
fit
;
other
times
called
Custodes
Maritimarum
partium
their
duty
being
to
provide
all
Naval
provisions
,
as
well
to
supply
the
Kings
Navies
occasions
,
as
to
gratify
another
of
the
Kings
Friends
when
distress
should
constrain
them
to
touch
in
his
Ports
,
that
his
Subjects
might
receive
the
like
retaliation
:
again
they
were
called
Capitanei
Nautarum
,
Vide
Sir
Henry
Spelmans
Gloss.
in
tit
.
Admir●…
Lambert
Archeion
tit
.
Admiral
.
fo.
42.
&
Marinellorum
;
as
in
reference
for
the
deciding
all
differences
amongst
those
in
the
Kings
service
,
and
punishing
of
such
as
transgressed
;
and
as
the
place
was
great
,
so
the
power
was
large
,
especially
in
all
things
belonging
to
the
Navy-Royall
,
in
which
they
had
the
Supream
rule
and
Government
in
all
things
belonging
to
it
.
He
sate
formerly
in
the
Kings
House
,
and
there
kept
his
Court
,
as
the
French
Admirals
do
at
this
day
at
the
Marble-Table
,
in
the
Kings
House
at
Paris
.
It
is
lawful
for
every
Man
to
addict
and
yield
up
himself
to
whom
he
pleaseth
,
as
appears
both
out
of
the
Hebrew
Law
and
Roman
Law
;
why
then
may
not
any
Exodus
21.
6.
Inst.
de
Jure
person
.
§.
servi
autem
.
Gell.
l.
2.
C.
7.
people
being
at
their
own
dispose
,
give
up
themselves
to
their
Prince
or
Soveraign
;
so
as
to
transcribe
the
right
of
commanding
their
aide
and
help
,
as
often
as
need
shall
require
(
it
is
not
here
inquired
what
may
be
presumed
in
a
doubtful
case
,
but
what
may
be
done
in
point
of
right
,
)
most
certain
such
a
power
may
well
be
done
,
and
that
grounded
on
great
reason
;
first
if
the
Common-wealth
should
happen
to
be
invaded
by
such
a
one
as
seeks
not
only
the
subversion
of
the
Government
but
the
destruction
of
the
people
,
and
they
can
find
no
other
way
to
preserve
themselves
,
but
that
the
supream
power
should
be
vested
with
such
such
a
Prerogative
,
as
to
inforce
or
presse
the
Inhabitants
to
serve
in
Armes
in
the
defence
of
the
same
,
and
the
contempt
of
which
to
punish
,
or
if
they
should
be
opprest
with
want
,
and
that
supplies
of
provisions
can
no
waies
be
had
,
but
by
compelling
another
by
force
to
exhibite
the
common
offices
of
humanity
to
a
Nation
in
whose
Territories
a
famine
rages
,
that
the
Inhabitants
should
on
such
extraordinary
occasions
be
compelled
by
force
to
serve
in
Armes
.
And
this
Dominion
may
be
obtained
several
waies
,
either
by
a
voluntary
resignation
to
a
Conqueror
as
they
of
Capua
to
the
Romanes
▪
Our
Land
,
the
Temples
of
our
Gods
,
all
Divine
and
humane
things
,
we
yield
up
into
your
hands
,
O
ye
Conscript
Fathers
:
again
Freedom
may
be
granted
to
all
by
a
Conqueror
,
except
Mariners
,
which
should
in
cases
of
necessity
be
excepted
,
or
that
some
Prince
,
who
will
not
suffer
any
Mariner
to
go
out
of
his
Dominions
,
without
subjecting
themselves
to
such
a
reasonable
command
,
and
the
Majority
of
Nations
on
such
grounds
,
may
abdicate
from
a
part
of
them
the
entire
Freedom
of
that
member
.
Nor
are
their
examples
of
this
kind
wanting
;
the
Tacitus
.
Germans
are
every
one
Master
of
his
owne
house
,
but
are
almost
on
every
occasion
subject
to
their
Lords
,
especially
in
their
Goods
.
The
Irish
Cosherers
,
which
were
reprehendinations
when
the
Chief
Lord
,
and
his
retinue
Co.
〈◊〉
.
Inflit.
fo.
358.
came
to
his
Tenants
House
,
and
fed
upon
their
provisions
till
they
were
spent
,
all
being
solely
at
their
devotion
:
And
as
to
the
Sea
,
the
King
of
Britain
may
at
this
day
restrain
Merchants
or
Mariners
to
pass
out
of
2
E.
1.
Memb.
18.
Rott
.
Pat.
1
E.
1.
m.
17.
Ro.
sin
.
31
E.
〈◊〉
.
num.
44.
Ro.
pat.
17
H
▪
6.
Ro.
Cla.
indors
.
Vide
the
Case
of
Bates
,
in
Lanes
Reports
fo.
4.
the
Realm
,
without
licence
,
and
the
various
tenures
that
are
introduced
,
which
is
presumed
were
since
the
Conquest
,
were
no
other
but
the
will
of
the
Conqueror
,
for
the
right
is
not
measured
by
the
excellency
of
this
or
that
form
,
but
by
the
will
.
VII
.
And
though
it
hath
been
conceived
by
some
,
that
the
King
cannot
presse
Men
to
serve
in
his
Wars
,
giving
their
reason
,
that
of
old
he
was
to
be
served
either
by
those
that
held
by
tenure
,
those
that
covenanted
by
Indenture
to
provide
Men
,
or
those
who
contracted
Co.
6.
part
.
Case
of
Souldier
.
Vide
the
1.
Institutes
fo.
71.
with
the
Kings
Officers
for
wages
and
entered
into
pay
,
or
those
that
were
in
Prison
for
the
Kings
debts
;
but
that
only
extended
to
those
Wars
that
were
by
Land
:
not
one
word
in
all
those
acts
,
or
Mr.
Rolls
,
that
any
waies
mention
the
least
of
Mariners
;
and
yet
what
vast
Fleets
were
in
those
daies
:
but
on
the
other
hand
it
hath
been
alwaies
accustomed
to
presse
such
sort
of
Men
for
the
Naval
Expeditions
,
the
antient
records
that
And
the
Stat.
of
which
provides
punishment
for
those
Watermen
,
which
shall
hide
themselves
,
does
evidence
what
the
common
Law
was
as
to
the
right
of
pressing
which
certainly
would
never
punish
those
whom
they
could
not
press
.
mentions
such
Persons
subject
to
presse
by
Law
is
that
of
49
E.
3.
commonly
called
[
](A51124-e26260-b)†
†
2
Aprilis
49
E.
3.
in
the
Black-Book
of
the
Admiralty
32
,
33
,
34
,
Art
.
and
fo.
69.
Art.
10.
The
Inquisition
of
Queenborrough
,
wherein
it
was
expresly
,
in
charge
amongst
others
,
to
inquire
of
those
Mariners
that
were
pressed
for
the
Kings
Service
,
and
deserted
the
same
:
So
likewise
by
those
other
Articles
translated
by
Roughton
,
it
is
expresse
in
charge
to
the
Jury
to
present
those
that
being
prest
to
serve
,
brake
the
Kings
Arrest
,
in
order
to
their
punishment
;
and
in
those
daies
it
was
esteem'd
an
high
offence
:
and
the
Oath
which
the
Jury
then
took
being
impanelled
,
was
this
:
This
here
see
My
Lord
the
Admiral
,
that
I
Ionathan
Nash
shall
well
and
truly
enquire
for
our
Lord
the
King
,
and
well
and
truly
at
this
time
then
serve
at
this
Court
of
th'
Admiralty
,
present
at
moch
,
as
I
have
acknowleche
,
or
may
have
by
information
of
eny
of
my
fellows
,
of
all
mane
Articles
or
circunstances
that
touchen
the
Court
of
the
Admirate
and
Law
of
the
Sea
,
the
which
shall
be
grate
to
me
at
this
time
;
and
I
thereupon
sworne
or
charged
,
and
of
all
other
that
may
renew
in
my
minde
,
and
in
shall
for
nothing
lette
,
that
is
for
to
say
,
for
franchise
,
Lordship
,
Kinreden
,
aliance
.
Freindship
,
Love
,
hatred
,
Envye
Enemitee
,
for
dred
The
Black-Book
of
the
Admir
.
f.
17.
of
lost
of
Goodnee
,
for
none
other
case
that
I
shall
soe
doe
,
the
Kings
Counseils
,
my
fellows
,
mine
owne
,
will
and
truly
hele
what
oute
fraude
or
malengyn
,
so
God
me
help
at
the
holydome
,
and
by
this
Book
.
VIII
.
And
as
the
enquiry
was
strict
,
so
was
the
punishment
very
great
;
Item
,
qui
fugiet
a
Domino
vel
Socio
Lamb.
inter
Leg.
Edovardi
f.
139.
13
Car.
2.
cap.
9.
suo
pro
timiditate
belli
,
vel
mortis
in
conductione
Heretochii
sui
in
expeditione
navali
vel
terrestri
perdat
omne
quod
suum
est
,
&
suam
ipsius
vitam
,
manus
mittat
Dominus
ad
terram
quam
ei
antea
dederat
.
IX
.
If
such
Persons
shall
so
desert
the
service
,
it
hath
been
a
question
whether
a
private
Person
under
the
same
obedience
meeting
with
such
a
deserter
,
might
not
put
him
to
death
;
it
hath
been
conceived
that
he
might
,
and
the
Act
is
lawful
,
and
the
party
that
slayes
him
hath
a
true
right
before
God
,
as
impunity
before
Men
:
But
that
is
to
be
understood
partly
by
the
words
,
and
partly
by
the
letter
of
the
Law
;
for
if
the
Law
gives
indulgence
to
passion
,
it
takes
away
humane
punishment
,
and
not
the
fault
;
as
in
case
a
Husband
kills
an
adulterous
Wife
or
the
adulterer
[
](A51124-e26450-b)†
†
Non
solis
ducib●…s
aliisque
p●…tentibus
innasci
solet
,
atque
immorari
bene
agendi
propositum
,
sed
cuique
volenti
&
licet
&
honestum
est
ejus
qua
vivit
Re●…publicae
mali
commoreri
,
&
publicas
utilitates
pro
suis
viribus
promoveri
Vide
Grotius
l.
2.
c.
20.
in
the
act
,
most
certain
it
is
a
provocation
in
the
highest
nature
,
and
will
justify
the
slayer
:
But
if
the
Law
respect
the
danger
of
future
evill
,
by
delay
of
punishment
,
it
is
conceived
to
grant
right
and
publique
power
to
a
private
Man
;
so
that
he
is
not
then
in
the
capacity
of
a
private
Man
.
†
That
is
as
to
entitle
him
to
Clergy
,
and
so
it
was
ruled
by
all
the
Judges
in
B.
R.
M.
23
Car.
2.
in
the
Case
of
one
—
found
specially
at
Surrey
Assizes
before
Mr.
Justice
Twisden
,
who
slew
the
adulteror
in
the
very
act
.
Vide
August
.
Civit.
Dei
citatum
.
C
quicunque
.
causa
23
qu.
8.
And
upon
that
very
reason
Queen
Elizabeth
deny'd
the
constituting
of
a
Constable
,
for
the
Tryal
of
Sir
An.
25.
Eliz.
Co.
Litt.
f.
74.
Francis
Drake
,
who
struck
off
the
head
of
Doughty
,
in
partibus
transmarinis
.
X.
Hence
it
is
that
every
Man
hath
a
licence
given
him
Code
Justin.
tit
quando
liceat
unicuique
to
oppose
force
against
plundering
and
pillaging
Souldiers
,
and
the
next
the
subsequent
Law
about
deserters
saith
,
Let
all
Men
know
they
have
a
power
given
them
against
publique
robbers
and
desertors
that
run
from
their
Colours
,
and
all
are
Ministers
of
revenge
for
the
quiet
of
all
;
to
this
purpose
is
that
of
Tertullian
,
Against
traitors
or
publique
enemies
,
every
Man
is
a
Souldier
,
and
herein
differs
the
right
of
killing
of
exiles
and
Outlaws
,
or
those
whom
they
call
Bannitoes
,
from
those
kind
of
It
was
in
force
in
England
till
the
beginning
of
the
Reign
of
Edw.
3ds
.
time
.
Co.
Inst
128.
B.
Laws
,
because
there
proceeds
a
special
Sentence
,
the
Judgement
of
Banishment
or
Outlawry
being
promulgated
;
but
here
a
generall
Edict
,
the
fact
being
evident
,
obtains
the
force
of
a
Judgement
or
Sentence
pronounced
;
the
Judgement
of
the
latter
must
be
according
to
the
Civil
Law
,
which
yet
remains
still
in
force
,
as
to
13
H.
4.
fo.
4
,
5.
the
Tryal
of
such
deserters
,
by
which
impunity
for
such
killing
,
seems
allow'd
off
at
this
day
by
that
Law
.
37
H.
6.
fo.
3.
CHAP.
VII
.
Of
Dominion
established
by
Creaties
of
Alliance
equal
.
-
I.
Of
Treaties
by
interview
of
Princes
,
and
where
generally
held
.
-
II.
Of
Princes
equal
,
the
honour
pay'd
by
him
in
possession
to
him
that
comes
to
the
Treaty
.
-
III.
Of
Treaties
by
Princes
unequal
.
-
IV.
Princes
where
oblidged
to
treat
personally
,
and
where
not
.
-
V.
Deputies
their
demeanor
considered
generally
at
Treaties
.
-
VI
Of
the
nature
of
Treaties
generally
,
and
their
ends
;
and
where
they
determine
by
the
death
or
dispossession
of
a
Prince
,
and
where
not
.
-
VII
.
Of
Treaties
in
reference
to
matters
particular
,
and
of
the
nature
of
Leagues
offensive
,
and
to
what
end
.
-
VIII
.
Of
the
causes
ordinary
procuring
such
Leagues
.
-
IX
.
Of
Leagues
tending
to
the
procuring
of
general
Peace
and
Warranty
.
-
X.
Of
Leagues
defensive
,
and
of
their
end
,
together
with
considerations
on
the
Persons
with
whom
they
are
made
.
-
XI
.
Of
accidents
not
provided
for
in
the
League
how
far
in
honour
to
be
comply'd
with
.
-
XII
.
Of
Contribution
,
the
difficulty
in
regulating
the
same
to
the
satisfaction
of
the
parties
interessed
.
-
XIII
.
Of
Leagues
concluded
by
Deputies
,
and
of
the
Ratifying
the
same
.
-
XIV
.
Of
the
causes
extraordinary
that
tend
to
the
breach
of
Leagues
.
-
XV.
Of
the
causes
ordinary
that
give
occasion
for
rupture
of
the
same
,
and
from
whence
they
proceed
.
-
XVI
.
Of
the
obligations
on
Confederates
as
in
reference
to
mutual
succours
.
-
XVII
.
Of
Aide
granted
to
particulars
and
common
Allies
,
when
invaded
by
another
Ally
;
and
of
protection
granted
when
a
people
are
oppressed
,
whether
aide
to
such
may
stand
with
the
League
.
-
XVIII
.
Whether
the
Oath
taken
for
the
performance
of
such
a
League
is
personal
,
or
binds
the
Successor
,
and
the
general
rule
in
construing
of
the
same
.
-
XIX
.
Of
Leagues
made
with
Princes
,
though
driven
out
of
their
Country
when
the
same
are
good
.
I.
TReaties
are
acted
either
by
the
interview
of
Princes
,
or
by
Persons
sufficiently
Commissionate
for
that
purpose
.
Those
that
are
by
interview
,
have
been
often
disapproved
,
though
often
practised
;
but
that
depends
rather
of
the
Estate
of
affairs
,
and
the
conformity
and
Jugurtha
taken
by
his
Father
in
Law
Bocchus
,
and
delivered
to
the
Romans
;
Charles
the
7th
.
of
France
,
at
a
personal
Treaty
with
Duke
of
Orleans
,
〈◊〉
slew
the
Duke
though
a
Soveraign
Prince
.
Meyer
l.
15.
Phil.
Comines
lib.
4.
c.
9
,
10.
diversity
of
honours
,
and
manner
of
living
of
the
Princes
and
their
People
;
then
of
the
interview
:
that
of
Lewis
the
11th
.
with
Duke
Charles
of
Burgundy
,
and
with
the
same
King
with
Edward
the
4th
.
of
England
,
past
fairly
,
and
in
all
such
Treaties
they
govern
themselves
as
in
reference
to
their
supplies
,
according
to
the
confidence
which
they
repose
in
each
other
.
Places
Neuter
belonging
[
](A51124-e27120-b)*
*
As
that
between
Edward
the
4th
.
and
Lewis
the
11th
.
in
the
Territories
of
the
Duke
of
Burgundy
.
to
some
Common
Friend
,
or
or
some
Frontiere
or
Islands
,
are
generally
appointed
for
the
same
,
together
with
what
numbers
or
forces
,
they
are
to
be
accompanied
.
II.
But
if
of
two
Princes
,
the
one
goes
home
unto
the
other
,
he
is
bound
to
do
him
the
honour
of
his
House
.
And
if
the
Prince
be
inferiour
unto
him
,
he
commonly
snds
forth
some
of
Principal
Officers
of
his
Court
to
receive
him
;
but
if
he
be
his
equal
in
Quality
,
as
being
both
Kings
,
although
there
be
some
debate
betwixt
him
for
precedence
if
he
comes
first
to
the
Place
where
the
Treaty
is
to
be
made
,
he
must
go
in
person
,
and
not
by
proxy
.
In
the
interview
that
was
between
Lewis
the
12th
.
Vide
Aemilius
Paulus
in
History
of
France
;
and
Ferron
his
supply
of
the
same
of
the
Life
of
the
Duke
of
Orleans
,
afterwards
Lewis
12th
.
upon
the
failer
of
issue
male
of
Charles
the
8th
.
and
Ferdinand
of
Arragon
at
Savona
;
(
which
then
belonged
unto
the
French
King
)
Lewis
the
12th
.
at
the
approach
of
Ferdinands
Gally
(
before
he
could
land
)
entered
into
it
,
accompanied
only
with
his
Guard
,
to
testify
his
confidence
,
and
thereby
to
assure
King
Ferdinand
of
that
which
he
had
promised
he
should
find
in
him
;
and
at
their
going
to
Land
,
King
Lewis
left
the
Right
hand
to
Ferdinand
,
who
lodged
in
the
Castle
,
as
the
most
Honourable
place
,
and
himself
went
to
the
Bishoprick
.
III.
By
the
Laws
of
Treaties
,
when
two
Princes
unequal
in
Quality
partly
,
the
inferior
is
to
come
first
to
the
place
of
congress
there
,
to
attend
the
Greater
.
IV.
Ambassadors
having
received
Orders
to
treat
,
the
Prince
to
whom
such
are
sent
,
are
not
by
the
Laws
of
Treaties
bound
to
treat
personally
,
but
only
to
depute
some
of
his
Councel
for
that
effect
;
the
reason
is
,
for
that
the
dignity
of
a
Prince
may
receive
some
detriment
,
which
cannot
be
maintained
amidst
the
contestations
which
happen
in
Conferences
.
But
if
an
Ambassador
be
deputed
as
Lievtenant
to
a
Prince
,
there
indeed
such
Commissioner
is
not
bound
to
treat
,
but
only
with
the
Prince
himself
:
and
so
it
was
where
the
Bishop
of
Gurgia
,
who
was
deputed
by
the
Julius
Ferretus
de
legatis
Principium
,
&
de
〈◊〉
side
&
〈◊〉
.
Emperor
to
Pope
Julio
the
Second
;
the
Pope
commissionated
3
Cardinals
to
treat
with
him
,
but
the
Bishop
having
notice
in
what
quality
he
was
like
to
be
received
,
commissionated
3
Gentlemen
to
confer
with
them
,
excusing
himself
upon
other
affairs
;
which
afterwards
was
explained
,
that
he
came
not
as
a
single
Ambassador
,
but
as
a
Livetenant
to
the
Emperor
,
to
the
which
Quality
he
had
been
received
at
Rome
by
the
Pope
.
V.
The
Deputies
being
assembled
,
their
Seats
are
considerable
,
they
having
no
power
to
quit
any
thing
of
the
ranke
,
which
their
Masters
ought
to
hold
,
and
by
the
Laws
of
Treaties
the
first
place
,
is
at
the
head
or
end
of
the
Table
,
(
if
there
be
one
)
the
second
is
the
first
on
the
right
hand
,
and
the
third
is
,
the
first
on
the
left
hand
of
him
that
is
at
the
end
:
and
if
there
be
many
Deputies
to
one
Prince
,
they
usually
sit
at
one
side
,
to
have
the
more
facility
to
confer
together
,
if
it
be
needful
.
VI.
Treaties
which
are
made
with
our
Neighbours
as
Friends
,
are
called
Treaties
of
Alliances
,
equal
or
unequal
:
The
equal
is
either
of
single
Friendship
only
,
for
the
entertainment
of
Traffique
,
or
for
aide
and
succour
;
that
of
succour
is
for
the
Defensive
or
offensive
,
and
sometimes
for
both
,
with
or
against
all
Men
,
or
against
some
certain
Princes
and
Republiques
and
there
[
](A51124-e27630-b)†
†
The
Leagues
between
the
Crown
of
France
and
Spain
,
are
commonly
between
Kings
and
Kings
,
Realm
and
Realm
,
and
Man
and
Man
of
their
subjects
,
and
hath
in
time
past
been
look●…
upon
to
be
the
firmest
of
Alliances
Phil.
Comines
lib.
2.
cap.
8.
Alliances
are
contracted
,
either
from
Estate
to
Estate
,
and
for
the
preservation
of
the
Estates
of
each
other
(
in
which
case
by
the
death
of
the
Prince
they
may
not
be
interrupted
.
Or
else
they
are
contracted
betwixt
Prince
and
Prince
,
and
then
the
death
of
one
suspends
till
a
new
Treaty
hath
confirmed
it
,
unless
there
is
a
time
certain
prescribed
by
the
Treaty
,
to
the
which
the
Alliance
must
continue
after
the
death
of
the
Prince
;
or
else
they
are
made
from
an
Estate
and
Prince
,
where
the
death
of
the
Prince
does
likewise
,
if
not
dissolve
;
yet
at
least
suspend
till
a
new
Treaty
of
Confirmation
of
the
9
E.
4.
2.
a.
The
League
then
made
with
the
Scots
,
and
likewise
between
Ed.
4th
.
and
the
Duke
of
Burgundy
.
Phil.
Comin
.
lib.
3.
c.
6.
precedents
,
although
by
the
Laws
of
England
Rex
non
intermoritur
.
VII
.
Sometimes
Alliances
are
contracted
for
an
Enterprize
and
for
one
effect
only
,
in
the
part
which
the
Allies
are
interressed
,
and
such
is
generally
called
League
;
which
in
England
have
been
sometimes
confirmed
by
Act
of
Parliament
.
[
](A51124-e27900-b)*
*
Rot.
Pat.
4.
H.
5.
num.
4.
Coke
4.
Inst.
156.
Leagues
commonly
are
offensive
,
but
in
effect
they
tend
to
attempt
against
some
one
,
and
in
the
bottom
Treaty
of
Cambray
,
the
Confederates
of
which
were
Pope
▪
Julius
the
2d
.
the
Emperor
,
King
of
France
,
Spain
and
Arragon
,
anno
1558.
Vide
History
Republique
of
Venic
▪
so.
87.
are
lodged
Articles
of
secresie
for
the
Enterprise
:
and
such
was
that
of
Cambray
against
the
Venetians
,
in
which
they
borrowed
the
pretext
of
Religion
,
and
the
Peace
of
Christendom
.
VIII
.
The
ordinary
causes
for
which
Princes
and
Republiques
make
Leagues
,
they
are
either
to
facilate
a
Conquest
,
as
that
that
was
made
between
Lewis
the
12th
.
and
Ferdinand
of
Arragon
,
for
the
Realm
of
Naples
.
Or
to
ballance
the
Forces
of
one
that
is
more
mighty
,
in
hindering
him
that
he
grow
not
greater
,
but
Arms
ought
not
to
be
taken
,
to
diminish
such
a
Neighbours
power
,
for
that
fear
is
uncertain
,
but
prudent
Leagues
Sed
ut
vim
pati
posse
ad
vim
inferendam
jus
tribuat
ab
omne
equitatis
abhorre
.
Grotius
de
Jure
belli
&
pacis
lib.
2.
cap.
15.
§.
17.
may
be
made
in
diminishing
their
power
.
The
English
made
a
Lague
to
succour
the
Hollanders
,
not
only
to
ballance
the
growing
opulancy
of
the
Spanish
Monarchy
,
but
likewise
to
encrease
her
own
by
the
Alliance
of
the
Dutch.
Quid
sequitur
?
Again
,
Leagues
may
be
made
for
the
procuring
of
a
general
Peace
,
by
way
of
Mediation
of
their
Neighbours
in
War
;
and
such
was
that
League
of
Union
propounded
by
His
now
Sacred
Majesty
,
and
afterwards
concluded
betwixt
him
and
the
States
General
of
the
United
Provinces
for
an
efficatious
Mediation
of
Peace
between
France
and
Spain
,
his
Sacred
Majesty
of
Britain
having
a
prospect
to
what
afterwards
happened
and
of
a
War
,
wherein
most
inevitably
the
same
must
involve
the
most
of
the
Princes
in
Christendom
in
)
to
the
affecting
of
which
Peace
,
his
Majesty
and
the
States
General
,
did
obtain
a
promise
from
the
French
King
to
the
Dutch
,
to
lay
down
Arms
,
on
condition
the
Spaniards
would
formally
and
solemnly
by
a
Treaty
of
Peace
,
quit
to
him
all
those
Places
and
Forts
together
with
the
Chastellenies
,
and
their
appurtenances
which
they
by
force
of
Armes
had
taken
in
,
or
fortified
in
the
then
last
years
Expedition
;
or
otherwise
that
the
Spaniard
be
brought
to
transfer
to
the
French
all
their
remainder
in
the
Dutchy
of
Luxemburg
(
or
to
the
County
of
Burgundy
)
together
with
Cambray
and
Cambresis
,
Douay
,
Ayre
,
St.
Omers
,
Bergue
,
St.
Avinox
,
Fuernes
and
Lynk
,
with
the
Bailywicks
,
Chastellenies
and
all
other
their
dependancies
,
and
the
French
King
to
restore
to
the
Spaniard
all
Places
,
Territories
,
League
of
Union
between
his
Majesty
of
Britain
concluded
at
the
Hague
,
with
the
States
General
of
the
United
Northerlands
January1●…/23
anno
1668.
which
they
have
by
Armes
taken
since
their
enterance
into
Flanders
,
on
condition
that
the
States
General
do
reciprocally
undertake
and
secure
to
the
French
,
to
prevaile
with
the
Spaniard
to
consent
to
the
same
conditions
,
which
once
effected
would
(
as
was
hopt
)
initiate
the
tranquility
of
,
and
interest
not
only
of
of
two
Warring
Crownes
,
but
of
all
other
the
Princes
of
Christendom
.
To
the
effecting
of
which
,
there
were
several
Articles
agreed
,
and
likewise
it
was
agreed
,
that
if
a
Peace
should
happen
to
be
made
,
his
Majesty
and
the
States
General
should
become
Warranties
,
and
a
Place
left
for
any
other
Prince
or
State
to
come
into
the
same
,
and
who
should
think
it
their
interest
to
keep
the
Peace
of
Christendom
undisturbed
,
and
to
restore
the
Low-Countries
to
their
tranquillity
,
there
was
provision
made
likewise
by
the
same
,
for
the
Forces
of
each
of
the
Warrantees
to
be
used
against
those
that
should
break
and
violate
the
same
,
oblidging
them
to
cease
the
violence
,
and
repair
the
party
injured
.
IX
.
A
Defensive
League
,
which
hath
no
other
benefit
But
a
Defensive
War
is
unjust
on
his
part
who
gave
just
cause
of
war
.
but
a
necessary
defence
,
and
in
the
which
Mean
Estates
are
in
a
manner
equally
interessed
,
last
usually
longer
then
an
Offensive
League
,
which
is
voluntary
,
and
from
the
which
either
of
the
Confederates
will
easily
part
when
he
hath
more
interest
;
So
as
in
ballancing
the
interest
of
the
one
and
the
other
,
he
that
shall
find
himself
accompanied
with
distrust
,
and
an
opinion
to
be
irreconciliable
to
the
common
Enemy
,
generally
proves
the
most
firm
in
the
League
.
The
Wisdom
,
Courage
,
Means
and
Constancy
of
the
Prince
or
State
is
to
be
considered
;
so
likewise
of
the
distance
of
the
Places
,
as
well
in
regard
of
those
with
whom
they
unite
,
as
of
those
against
whom
they
make
the
Leagues
.
Leagues
having
no
other
limitation
,
but
the
end
of
the
Enterprise
for
which
they
were
made
,
have
admitted
Pontius
Samnis
after
restitution
made
to
the
Romans
,
and
the
author
of
the
breach
yeilded
up
expiatum
(
saith
he
)
ex
quicquid
ex
soedere
rupto
irarum
in
nos
caelestium
fuit
.
Satis
scio
quibuscunque
dii
cordi
suit
subigi
nos
ad
necessitatem
cedendi
res
,
iis
non
fuisse
cordi
tam
superbi
a
Romanis
foederis
expiatio●…
nem
spretam
:
And
a
little
after
,
What
more
do
●…ow
to
thee
,
O
Roman
?
what
to
the
League
?
what
to
the
Gods
,
the
Judges
of
the
League
,
whom
shall
I
bring
unto
thee
to
be
the
Judge
of
thy
anger
and
of
my
punishment
?
I
refute
no
people
,
nor
private
Men.
many
large
debates
in
cases
of
accident
:
For
instance
,
if
an
Enemy
shall
take
the
Countrey
,
for
the
defense
whereof
the
League
was
made
,
the
Question
has
been
whether
the
Confederates
be
bound
to
assist
him
,
who
hath
lost
it
in
the
Recovery
;
some
have
held
,
that
the
Defensive
did
not
extend
so
far
:
notwithstanding
if
there
were
no
Treaty
,
which
had
concerned
this
Conquest
,
yet
it
would
seem
more
reasonable
to
comprehend
the
Recovery
in
the
defensive
,
if
it
be
general
.
For
as
it
hath
for
its
end
to
preserve
the
Allie
in
his
State
,
and
that
to
attain
unto
it
,
the
Forces
must
not
only
remain
in
the
Countrey
of
the
Allie
to
attend
the
Enemy
,
but
after
denunciation
and
other
acts
of
hostility
done
by
the
Enemy
,
they
must
enter
into
his
Country
,
to
the
end
to
prevent
him
or
divert
him
from
attempting
any
thing
against
the
Allie
:
The
Offensive
being
judged
by
the
aggression
,
●…and
not
by
that
which
follows
;
by
a
stronger
reason
they
ought
to
enter
into
the
Countrey
conquered
from
the
Allie
,
for
the
recovery
thereof
;
but
excuses
in
this
kind
proceed
from
those
,
who
fail
in
their
faith
,
courage
or
means
to
recover
.
Contribution
is
one
of
the
main
ingredients
in
a
League
,
and
is
of
great
difficulty
to
regulate
.
It
is
made
either
in
Men
or
Money
;
the
Men
are
entertained
by
all
Parties
,
or
by
him
only
that
hath
need
,
or
otherwise
as
the
League
is
.
Henry
the
8th
.
[
](A51124-e28890-b)†
†
Anno
1515.
Vide
Sir
Rob.
Cocten
Remonst
.
of
the
Treaties
of
Amity
and
Marriage
.
made
a
League
with
Francis
the
French
King
against
the
Emperor
Maximilian
and
Ferdinand
;
for
the
Recovery
of
Millane
,
which
he
did
,
the
protection
of
his
Neighbours
,
and
Reduction
of
the
Swisse
from
the
Imperial
side
;
for
which
he
employed
the
Bastard
of
Savoy
,
the
agreement
was
of
reciprocal
Succour
of
10000
Men
if
the
War
were
An.
1515.
vide
Sir
Robert
Cotton
Remonstr.
of
Treaties
.
made
by
Land
,
and
of
6000
if
it
were
made
by
Sea
;
and
in
all
other
occasions
the
French
King
was
bound
to
assist
the
King
of
England
with
12000
Launces
,
and
the
King
of
France
with
10000
Foot
,
at
his
charge
that
had
need
.
So
where
Contribution
is
concluded
for
Money
,
there
are
difficulties
that
do
arise
from
the
Person
or
Place
where
it
must
be
kept
,
for
to
deliver
it
to
the
hand
of
the
strongest
,
is
not
safe
,
for
fear
they
shall
not
be
able
to
call
him
to
account
,
to
lay
it
in
a
weak
Place
,
were
to
oppose
it
to
the
attempt
and
force
of
the
strongest
,
or
to
him
that
shall
first
take
Armes
;
but
it
has
been
usual
,
the
summe
has
been
advanced
,
not
till
after
the
War
begun
.
XII
.
Leagues
concluded
by
the
Deputies
of
the
Confederates
,
there
sometimes
falls
out
a
Difficulty
who
shall
ratify
and
declares
himself
first
:
In
the
League
Andr●…
Mauro●…eni
Hist.
Ven.
which
was
made
between
Francis
the
first
,
the
Pope
and
the
Princes
of
Italy
;
the
King
refused
to
ratify
until
the
Pope
and
Venetians
had
ratify'd
before
him
,
and
in
that
he
so
cunningly
wrought
,
that
he
procured
the
Colleagues
to
declare
and
begin
the
War
,
whilst
that
he
treated
secretly
for
himself
,
to
the
end
he
might
make
his
Conditions
with
more
advantage
;
this
he
declared
was
for
fear
those
Italian
foxes
should
shew
him
the
like
.
XIII
.
Leagues
made
for
an
Enterprise
,
succeed
seldom
according
to
the
hope
of
the
Allies
,
if
the
Enterprise
be
long
;
for
besides
the
preparations
be
long
,
the
opinions
divers
in
the
pursuit
,
the
resolutions
inconstant
,
the
interests
of
Princes
or
States
in
a
League
may
change
with
time
,
or
with
the
practise
of
him
against
whom
they
are
in
League
,
in
withdrawing
some
one
of
them
,
or
making
him
to
suffer
more
losse
then
the
rest
,
for
seeing
himself
ill
defended
or
succoured
by
his
Confederate
,
and
that
he
was
in
a
greater
danger
to
loose
then
his
Companions
;
he
then
studies
to
retire
[
](A51124-e29290-b)†
†
If
one
part
hath
violated
the
League
,
the
other
may
depart
from
it
:
for
the
several
Heads
of
the
League
have
every
one
the
force
of
a
Condition
;
So
Grotius
conceives
lib.
2.
Cap.
13.
〈◊〉
.
15.
and
to
make
his
accord
apart
,
as
did
the
Venetians
with
the
Turks
,
after
Soluti
foederis
culpam
s●…stinent
,
non
qui
deserti
ad
alios
se
conferunt
,
sed
quicquam
jurati
promiserant
opem
re
non
pr●…stant
.
Alibi
apud
eundem
si
vel
tantillum
ex
dictis
pars
alterutra
tra●…sgrederetur
rupta
fore
pacta
.
Thucyd.
lib.
1.
the
losse
of
Cypresse
.
XIV
.
The
ordinary
causes
of
the
Rupture
of
Leagues
are
distrust
jealousy
,
as
if
one
hath
had
conference
with
the
Enemy
,
without
the
consent
of
the
rest
;
if
that
which
serveth
for
the
safety
of
one
,
diminish
the
safety
of
the
other
;
inconstaney
,
variety
,
cowardize
,
division
,
usurpation
without
the
consent
of
the
others
.
So
if
he
treats
with
the
Enemy
,
not
comprehending
the
other
Allies
,
but
as
adherents
;
as
Lewis
the
12th
.
left
the
League
of
the
Venetians
,
for
that
they
had
made
a
Truce
with
him
,
and
had
presumed
to
name
him
only
as
an
Adherent
:
by
the
opinion
of
Bryan
,
that
if
all
the
Subjects
of
England
would
make
War
with
a
Confederate
Prince
or
Republique
in
League
with
the
King
of
19
E.
4.
Vide
Stat.
2.
H.
5.
cap.
6.
England
,
without
the
assent
of
the
King
of
England
,
that
such
a
War
was
no
breach
of
the
League
;
and
upon
the
same
reason
was
the
resolutions
of
the
Judges
in
the
Hill.
14.
Eliz.
in
the
Duke
of
Norfolk's
Case
.
4.
Inst.
fo.
152.
the
Duke
of
Norfolk's
Case
,
where
the
Question
was
,
whether
the
Lord
Herise
and
other
Subjects
of
the
King
of
Scots
,
that
without
his
assent
had
wasted
and
burnt
divers
Towns
in
England
,
and
proclaimed
Enemies
,
were
Enemies
in
Law
,
within
Statut
of
25
E.
3.
the
†
In
fidelitat●…
feudali
dicitur
;
Et
si
scivero
velle
te
aliquem
juste
offendere
,
generaliter
vel
specialiter
fuere
requisitus
meum
tibi
,
sicut
potero
praestabo
auxilium
.
Orat.
Demosthen
.
de
Megalopoli
.
League
being
between
the
English
and
Scots
,
and
resolved
they
were
,
and
that
the
League
remain'd
.
XV.
The
Succours
that
one
Confederate
must
afford
another
Confederate
(
according
to
the
Laws
of
Leagues
)
against
Confederate
,
is
of
a
great
consequence
:
Three
Princes
Allied
,
the
one
makes
War
against
the
other
,
and
demands
succours
from
the
third
;
in
this
case
if
the
Treaties
of
Alliance
be
only
for
Friendship
,
it
is
certain
he
is
not
bound
to
give
any
succours
:
But
if
the
Treaty
carries
an
Offensive
League
,
he
must
succour
the
most
antient
allied
by
a
precedent
alliance
:
If
the
precedent
Alliances
have
been
made
both
at
one
time
,
he
must
succour
him
that
is
allied
in
all
Offensive
and
Defensive
Leagues
:
but
if
the
League
be
Offensive
and
Defensive
of
either
side
,
he
ought
not
to
succour
either
;
but
he
may
mediate
a
[
](A51124-e29790-b)*
*
Nihil
intercedi
,
quo
minus
Samniti
populo
pacis
bellisque
,
liberum
arbitrium
sit
.
Liv.
lib.
8.
Peace
,
and
cause
the
difference
to
be
judged
Grotius
de
Jure
belli
ac
Pacis
lib.
2.
c.
15.
§.
13.
by
the
Common
Allies
,
which
being
propounded
with
a
Declaration
that
the
refuser
;
or
having
once
submitted
will
not
yield
to
Judgment
,
that
he
will
succour
the
other
,
as
the
Swede
and
Swiss
,
upon
severall
occasions
hath
done
,
notwithstanding
in
point
of
State
in
such
occasions
In
fidilitate
feudali
dicitur
:
Et
si
scivero
velle
te
aliquem
juste
ostendere
,
&
inde
generaliter
vel
specialiter
fuero
requisitus
meum
tibi
sicut
potero
praestabo
auxilium
.
Demosthenes
Orat.
de
Megalopoli
.
they
usually
ballance
their
Estate
,
and
looking
more
to
safety
then
Justice
,
they
succour
him
who
being
enforc't
,
may
weaken
the
powerful
,
who
is
more
to
be
feared
;
yet
to
unjust
Wars
there
is
no
obligation
,
then
certainly
he
ought
to
be
preferred
,
who
hath
a
just
cause
of
War
.
XVI
.
By
the
Laws
of
Alliances
Princes
may
aide
particular
and
Common
Allies
,
if
they
be
wronged
by
one
of
the
Allies
.
But
he
which
is
not
comprehended
in
the
Treaty
of
Alliance
,
cannot
be
defended
against
him
that
is
allied
without
breach
of
the
Alliance
;
therefore
Mediation
in
such
Equals
cannot
directly
refuse
War
,
nor
demand
Peace
.
cases
is
the
only
hopes
of
ahe
oppressed
,
which
not
having
its
effect
,
if
the
oppressed
put
themselves
into
the
protection
of
the
Mediator
,
they
then
become
in
the
nature
of
his
Subjects
,
and
then
that
Prince
is
oblidged
to
their
succour
and
defence
,
even
against
his
Allies
,
and
Liv.
3.
Polybius
in
excerptis
Legationum
35.
this
is
by
natural
right
.
XVII
.
By
the
Laws
of
Leagues
though
the
Oath
binds
only
the
Person
;
yet
the
Promise
binds
the
successor
,
When
Edw.
the
4th
.
was
chased
out
of
the
Kingdom
,
and
Henry
the
6th
.
was
set
up
again
;
yet
by
reason
there
was
incerted
into
the
same
,
these
words
;
viz.
With
the
King
and
Realm
,
that
the
League
did
remain
perpetual
.
Phil.
Comines
lib.
3.
c.
6.
for
though
some
do
hold
that
Leagues
do
depend
upon
the
Oath
as
their
firmament
,
though
that
is
not
so
for
the
most
part
of
the
efficacy
of
such
Leagues
rests
in
the
promise
it self
,
to
which
for
Religion
sake
the
Oath
is
added
.
Hence
it
is
that
Promises
made
to
a
Free-People
,
are
in
their
nature
real
,
because
the
subject
is
a
permanent
matter
,
although
the
State
or
Republique
be
changed
into
a
Monarchy
;
yet
the
League
remains
for
that
Ulpian
.
Leg.
Jure
▪
Gentium
,
sect.
pactum
.
D.
pactis
.
the
body
i.
e.
the
power
is
still
the
same
,
though
the
Head
be
changed
.
And
the
Person
is
incerted
into
the
agreement
,
not
that
the
agreement
may
be
personal
,
but
to
shew
with
whom
it
is
made
,
for
if
it
be
incerted
into
the
League
that
it
shall
be
perpetual
,
or
that
it
is
made
for
the
good
of
the
Kingdom
,
or
with
the
Person
and
his
Successors
,
or
for
a
time
limited
,
the
same
does
most
Adde
qua
Helvetiis
causantur
post
mortem
Henrici
3.
apud
Thuanum
,
lib.
97.
in
An.
1589.
Vide
&
insignem
locum
apud
Cambdenum
in
Anno
1572
,
ubi
de
Foedere
antiquo
Gall.
&
Scotis
.
apparently
demonstrate
the
thing
to
be
real
.
However
in
all
Leagues
which
tend
to
Peace
,
though
there
may
remain
somewhat
,
whereby
words
of
ambiguity
may
arise
;
yet
the
most
pious
way
of
interpreting
,
hath
been
to
account
the
same
rather
real
,
then
Personal
,
for
all
Leagues
made
for
Peace
or
Commerce
,
admit
of
a
favorable
construction
,
Leagues
defensive
have
more
of
favour
,
offensive
of
burthen
.
XVIII
.
[
](A51124-e30360-b)a
a
Quintus
said
to
Nabis
,
We
have
made
no
friendship
nor
society
with
thee
,
but
with
Pelops
the
just
and
lawfull
King
of
the
Lacedemonians
.
Leagues
made
with
Princes
,
although
they
happen
afterwards
to
be
driven
out
of
their
Kingdoms
by
their
Subjects
,
yet
the
League
remains
firm
and
good
,
for
the
Right
of
the
Kingdom
remains
with
such
an
unfortunate
Prince
,
notwithstanding
he
hath
lost
his
Kingdom
:
on
the
other
hand
,
Leagues
made
with
the
Invader
cannot
be
good
;
for
his
cause
being
unjust
,
is
odious
:
but
if
[
](A51124-e30450-b)b
b
11
Hen.
7.
cap.
1.
the
people
will
make
him
King
de
facto
,
and
investe
him
,
the
question
is
then
out
of
all
controversy
;
for
then
he
is
become
a
King
regnant
,
and
by
the
Laws
of
England
,
if
treason
by
committed
against
his
Person
,
and
[
](A51124-e30490-b)c
c
4
E.
4.
1.
5.
E.
4.
12.
3
Inst.
f.
7.
after
he
is
beaten
out
,
and
the
King
de
Jure
comes
to
his
Crown
,
the
King
de
Jure
may
punish
those
Traytours
with
death
.
The
Earl
of
Warwick
having
raised
an
Army
in
France
and
Flanders
,
invaded
England
,
and
within
five
or
six
daies
after
his
landing
,
King
Edwards
Forces
betraying
Ed.
4.
in
An.
1470.
him
)
the
Earl
became
Master
of
the
Realm
,
the
King
flying
for
protection
to
his
Kinsman
the
Duke
of
Burgundy
,
he
kindly
in
his
misfortunes
entertained
him
;
yet
while
he
was
in
this
banished
estate
,
the
Duke
of
Burgundy
renewed
the
League
with
the
English
,
it
being
agreed
,
that
notwithstanding
King
Edwards
misfortune
,
the
League
remained
firm
and
unviolable
between
the
Duke
Charles
of
Burgundy
,
and
the
King
and
Realm
of
Phil.
Comines
l.
3.
c.
6.
England
:
So
that
for
Edward
they
should
name
Henry
(
who
was
newly
taken
out
of
the
Tower
by
the
Earl
of
Reges
qui
Regnis
ex
uti
,
sunt
,
cum
aliis
regni
bonis
etiam
jus
legandi
perdiderunt
.
Warwick
,
at
his
chacing
out
of
King
Edward
)
now
the
true
reason
that
Leagues
remain
,
and
are
firm
,
notwithstanding
such
a
change
,
is
,
because
there
goes
along
with
them
a
tacite
condition
,
viz.
of
holding
their
possessions
,
and
therefore
the
World
wondred
not
,
that
His
late
Sacred
Majesty
having
sworn
a
League
with
the
King
of
Spain
,
expresly
as
he
was
King
of
Portugal
,
did
notwithstanding
receive
two
Embassadors
from
the
then
new
King
of
Portugal
;
and
that
without
being
judged
either
in
England
or
Spain
to
have
broken
his
former
Oath
and
League
.
The
Duke
of
Guise
having
formed
the
League
against
Henry
the
Third
,
which
was
that
in
regard
,
the
King
was
so
cold
in
the
Profession
of
the
Romish
Faith
,
that
it
was
in
danger
to
be
extinguisht
by
the
increase
which
he
permitted
of
the
Reformed
Religion
;
especially
seeing
Henry
the
Fourth
then
King
of
Navar
,
was
of
that
Religion
,
and
was
to
succeed
to
the
Crown
;
wherefore
by
the
Mediation
of
Philip
the
Second
of
Spain
,
the
Pope
qualified
the
Duke
of
Guise
,
Head
of
that
Catholique
League
,
Peter
Mathew
History
of
France
in
the
Life
of
Henry
the
Third
.
and
which
in
point
of
Government
was
to
set
him
above
the
King
,
avowed
him
Protector
of
the
Catholique
Faith
in
the
Kingdom
of
France
.
When
Henry
the
Fourth
succeeded
the
Crown
,
then
this
League
for
security
of
Religion
was
most
violent
,
and
the
Spaniard
without
,
hoped
,
by
nourishing
thus
the
division
within
,
to
carry
all
for
himself
at
last
.
To
avoid
which
gin
,
and
to
answer
all
,
the
King
chang'd
his
Religion
,
and
negotiated
by
d'Ossat
,
to
be
received
by
the
Pope
as
a
dutyful
Son
of
the
Church
of
Rome
,
demanding
absolution
for
what
was
past
,
and
making
large
promisses
of
due
obedience
for
the
time
to
come
;
the
King
of
Spains
interest
was
that
he
should
not
be
received
,
and
thereupon
he
endeavoured
to
perswade
the
Pope
,
that
King
Henry
did
but
dissemble
with
him
,
and
that
under
this
disguise
he
would
easiest
ruine
the
Romish
Religion
:
notwithstanding
this
,
the
Cardinal
obtained
his
Reception
,
Absolution
and
Benidiction
through
the
many
promises
and
presents
which
he
made
to
His
Holyness
,
whereupon
the
Spaniards
designes
were
in
a
moment
all
blown
over
from
France
,
but
fell
heavily
upon
the
United
Provinces
which
were
sorely
opprest
,
for
that
they
apprehended
the
loss
and
ruine
of
their
Countrey
,
and
thereupon
they
implored
assistance
from
King
Henry
,
who
received
their
Ambassadours
very
gratiously
,
and
gave
them
assurance
of
relief
:
The
King
of
Spain
,
who
wanted
no
good
intelligence
in
the
Court
of
France
,
immediately
remonstrates
to
the
Pope
,
that
his
former
inclinations
concerning
Henry's
dissimulations
did
now
appear
in
the
face
of
all
the
World
,
and
that
seeing
His
Holyness
had
been
so
credulous
,
he
knew
not
now
whether
they
should
be
able
to
save
the
Catholique
Faith
from
being
subjected
to
the
Reformed
Religion
or
no
:
for
whereas
the
Hollanders
had
revolted
from
him
,
only
because
he
resolved
to
use
the
true
means
for
the
establishment
of
the
Romish
Faith
among
them
,
and
that
now
he
was
in
a
fair
way
of
reducing
them
,
(
which
conduced
so
much
(
by
his
Holiness
his
opinion
)
to
the
establishment
of
the
Romish
Faith
)
Henry
had
taken
their
party
against
him
in
that
work
:
and
that
at
Paris
he
had
received
their
Ambassadors
to
that
purpose
,
although
he
knew
they
were
his
lawful
Subjects
,
&c.
This
startled
the
Pope
not
a
little
,
who
charged
d'Ossat
for
having
betrayed
him
,
and
put
the
Church
in
danger
;
this
argument
was
as
subtil
on
the
Spaniards
side
,
as
changing
Religion
was
on
King
Henry's
;
and
therefore
the
Cardinal
was
not
a
little
perplext
,
how
to
answer
it
to
the
advantage
of
his
Master
;
as
also
coherently
to
the
considerations
of
his
former
reception
into
the
Church
:
But
at
last
he
replyed
,
That
His
Holyness
needed
not
wonder
how
in
reason
of
State
,
those
different
Religions
might
joyn
together
for
political
ends
,
without
hazard
of
altering
Religion
:
Thus
David
sought
protection
of
the
Philistians
,
and
Abraham
redeemed
the
sinful
Sodomites
:
That
he
took
it
to
be
upon
the
same
ground
,
that
His
Holyness
himself
not
long
before
,
received
a
Persian
Ambassador
,
who
was
so
far
from
being
an
Heretick
,
that
he
never
pretended
to
the
Name
of
Christian
,
that
it
was
a
plausible
argument
,
which
the
King
of
Spain
used
,
in
complaining
of
Henry's
receiving
and
Vide
Peter
Mathews
Hist.
of
France
in
Vita
Hen.
4.
avowing
their
Ambassador
,
especially
knowing
at
the
same
time
that
they
were
Rebels
,
and
could
pretend
no
Right
nor
Tittle
separate
from
his
Crown
:
For
Princes
(
quoth
he
)
when
Ambassadors
are
addrest
to
them
,
never
inform
themselves
of
the
Rights
and
Tittle
of
those
Princes
from
whom
they
are
sent
;
but
whether
they
have
possession
of
the
Force
and
Power
of
those
places
from
whence
the
Ambassadors
are
employ'd
,
for
it
would
be
an
endless
taske
,
and
require
an
infallible
true
History
of
the
World
(
which
is
not
to
be
made
by
Man
)
if
all
In
Regno
diviso
gens
una
,
pro
tempore
quasi
duae
gentes
habentur
:
And
Princes
are
to
have
an
eye
to
the
Power
which
each
Kingdom
hath
to
afford
benefit
one
to
the
other
,
and
not
to
examine
their
Titles
.
the
Ambassadors
before
their
receptions
should
be
obliged
,
first
to
prove
clearly
to
the
World
the
just
Right
by
which
their
Masters
derive
those
Tittles
and
Jurisdictions
,
which
they
assume
to
themselves
.
CHAP.
VIII
.
Of
Alliances
unequal
,
and
of
Protection
.
-
I.
Of
Alliances
unequal
,
as
in
reference
to
the
acknowledging
a
Superiority
or
Protection
in
another
.
-
II.
Of
Protections
by
a
Prince
or
State
voluntary
or
mercinary
.
-
III.
Of
the
Duty
incumbent
on
the
protected
,
and
the
obligation
in
honour
and
justice
on
the
Protector
.
-
IV.
Of
Alliances
unequal
,
and
of
the
ordinary
causes
that
may
tend
to
a
rupture
of
the
same
.
-
V.
Of
the
causes
extraordinary
that
may
occasion
the
breach
of
such
Alliances
.
-
VI.
Of
Faith
and
assurance
implicitly
discharged
by
the
delivering
of
Hostages
.
-
VII
▪
Of
the
differences
of
Leagnes
contracted
by
Princes
,
through
force
or
fear
,
and
private
Contracts
made
with
private
persons
by
reason
of
the
same
-
VIII
.
Ambiguity
in
words
given
,
occasion
to
Princes
to
depart
from
the
League
,
and
of
the
Reputation
of
Princes
on
such
occasion
preserving
the
Alliance
.
-
IX
.
Of
the
firmness
and
assurance
of
Alliances
whether
to
be
found
more
in
Princes
,
or
in
Reipubliques
.
-
X.
If
one
party
hath
violated
the
League
,
whether
it
be
lawful
for
the
other
to
depart
from
the
same
.
-
XI
.
In
the
construction
of
Leagues
,
the
thoughts
not
the
words
of
Princes
to
be
considered
.
-
XII
.
Of
things
favourable
,
things
edious
,
and
others
of
a
mixt
nature
to
be
used
in
the
interpreting
of
Leagues
.
1.
UNequal
Alliance
is
that
which
is
contracted
betwixt
Andronicus
post
Rhodius
Aristotelem
,
amicitiae
inter
partes
,
hoc
ait
proprium
ut
potentiori
plus
honoris
infermori
plus
auxilii
deferatur
.
in
Grotius
lib.
1.
cap.
3.
§.
21.
num.
2.
It
is
the
property
of
friendship
'twixt
unequals
,
that
the
stronger
have
more
honour
,
and
the
weaker
have
more
help
:
Proculus
adds
that
such
a
clause
is
incerted
in
the
League
,
to
signify
the
one
is
superior
in
authority
and
dignity
;
for
both
are
free
,
but
are
sub
patrocinio
,
non
subditione
.
Livy
lib.
37.
Cicero
Offic.
2.
Princes
or
States
unequal
in
Honour
,
or
in
Power
,
with
unequal
conditions
,
the
acknowledging
the
other
,
not
for
Master
or
Lord
,
but
by
Honour
as
the
more
powerful
,
and
the
better
qualified
,
and
some
for
Protector
;
and
these
Treaties
are
made
with
those
States
,
which
take
or
give
Pension
,
or
which
put
themselves
into
Protection
.
Tribute
is
payed
by
the
Subject
,
or
by
him
,
who
,
to
enjoy
his
Liberty
,
payes
that
which
is
agreed
upon
to
him
that
hath
forced
him
to
do
it
.
But
a
Pension
is
held
voluntary
from
him
that
is
in
Protection
,
or
from
him
that
is
in
all
other
things
equal
to
the
Treaty
of
Alliance
to
hinder
the
Pensioner
,
that
he
joyn
not
with
the
Enemy
,
as
the
Swiss
to
the
French
,
or
to
have
aid
and
succours
from
him
.
II.
But
that
Protection
is
most
true
and
Honourable
▪
Leg.
non
dubit
.
D.
de
Cap.
when
a
Prince
or
Reipublique
takes
upon
him
the
defense
of
another
,
freely
without
reward
,
though
some
,
if
not
all
,
find
it
most
necessary
to
ballance
honour
with
profit
,
from
this
maxim
,
that
A
pecuniary
interest
oblidges
more
to
succour
,
then
when
barely
obliged
by
Oath
.
III.
By
the
Law
of
Protection
,
he
that
is
protected
ows
The
Genoeses
having
put
themselves
in
the
protection
of
the
French
King
,
revolted
;
he
thereupon
changed
their
conditions
into
Priviledges
,
to
the
end
it
might
be
in
his
will
to
deprive
them
when
he
should
think
fit
.
all
Respect
and
Honour
to
his
Protector
,
against
whom
if
he
conspire
or
attempt
,
or
strayes
from
his
duty
,
it
is
lawful
for
the
Protector
to
make
better
assurance
;
nay
,
if
he
pleases
to
make
himself
Master
:
But
then
on
the
other
side
the
Protector
ought
to
defend
and
succour
the
protected
,
and
use
him
well
;
for
otherwise
he
may
withdraw
himself
from
the
Protection
,
and
seek
another
.
IV.
In
Alliances
that
are
unequal
,
there
are
4
kind
of
controversies
may
happen
.
First
,
if
the
Subjects
of
a
Prince
or
Reipublique
,
that
is
under
the
ptotector
of
another
,
have
committed
any
thing
against
the
League
.
Vide
Cardinal
.
Thuse
.
P.
P.
●…oncl
.
935.
Secondly
,
if
the
Prince
or
Reipublique
be
accused
.
Thirdly
,
if
the
Fellows
,
which
are
under
the
protection
of
the
same
,
Prince
or
Reipublique
,
contend
with
one
another
.
This
holds
as
well
between
Leagues
equal
〈◊〉
equal
.
Fourthly
,
if
the
Subjects
complain
of
their
own
Ruler
.
To
the
first
,
if
a
fault
appear
,
the
Prince
or
Reipublique
,
is
bound
either
to
punish
the
offender
,
or
render
〈◊〉
de
Jure
〈◊〉
ac
Pacis
li●…
.
1
▪
cap.
3.
〈◊〉
〈◊〉
him
up
to
the
party
injured
,
and
see
or
endeavour
that
damages
may
be
recovered
.
But
one
of
the
Associates
in
the
League
,
hath
no
right
to
apprehend
or
punish
the
Subjects
of
his
confederate
.
This
hath
the
same
right
in
Leagues
that
are
equal
.
Nam
ut
quis
ultionem
sumat
ab
eo
qui
peccavit
satis
est
ut
ipse
ei
qui
peccavit
subditus
▪
non
sit
.
Grot.
de
Jure
Be●…i
lib.
1.
cap.
3.
§.
21.
n.
5.
To
the
second
,
the
Confederate
hath
a
right
to
compel
his
confederate
to
stand
to
the
League
,
and
if
he
will
not
,
to
punish
him
;
for
that
one
may
take
satisfaction
or
revenge
of
him
that
hath
offended
;
and
this
happens
as
well
amongst
those
that
have
no
confederation
at
all
.
To
the
third
,
as
in
Confederacies
equal
,
the
controversies
are
wont
generally
to
be
brought
before
an
Assembly
of
the
Confederates
;
that
is
to
say
,
such
as
are
not
concerned
in
the
question
,
or
else
before
Arbitrators
,
or
else
before
the
Prince
of
the
Association
,
as
a
Common
Arbitrator
.
But
that
proves
not
any
power
of
commanding
,
for
Princes
do
usually
try
their
causes
before
Judges
of
their
own
choosing
.
〈◊〉
.
lib.
cap.
3.
§.
21.
n.
6.
So
on
the
other
hand
in
a
League
unequal
,
it
is
agreed
for
the
most
part
,
that
the
controversies
be
debated
before
him
who
is
Superior
in
the
League
.
To
the
last
,
the
Confederates
have
no
Cognizance
.
In
common
Affaires
out
of
time
of
Assembly
,
even
where
the
League
is
equal
,
the
Custom
is
for
him
who
is
chose
Cheif
of
the
League
,
to
have
command
over
the
Confederates
,
according
to
the
Speech
of
the
Corinthians
in
Thucydides
,
It
becomes
them
that
are
Princes
of
the
League
,
not
Decet
eos
qu●…
Foederis
Principes
sant
circa
suas
quidem
utilitates
,
nihil
praecip●…
sumere
;
●…t
in
communibus
rebus
curandis
emiueresupra
caeteros
in
Orat.
Corinthiorum
.
to
seek
their
own
particular
advantage
,
but
to
content
themselves
with
an
eminency
above
the
rest
,
in
taking
care
of
the
common
Interest
.
V.
Though
that
the
breach
of
Faith
be
much
practised
in
such
affairs
;
yet
there
are
few
Princes
found
,
which
have
not
found
a
pretext
,
some
have
pretended
to
be
circumvented
by
error
;
others
by
change
of
Affairs
have
pleaded
an
excuse
,
as
great
wrongs
or
inevitable
loss
,
and
apparent
danger
of
the
ruine
of
their
States
,
which
are
the
causes
,
wherein
some
say
,
that
an
Oath
is
not
obligatory
;
the
condition
,
by
reason
of
the
Oath
,
being
impossible
or
unjust
,
to
these
limitations
,
some
hold
they
must
not
keep
faith
with
an
Enemy
of
the
Faith
,
nor
with
him
Oldradus
Cons.
1.
that
hath
broken
his
,
nor
with
a
Subject
,
nor
with
a
Thief
or
Pyrat
;
certainly
if
it
be
not
lawful
for
a
Man
in
these
cases
to
keep
Faith
,
it
is
not
lawful
to
give
it
:
If
it
be
lawful
to
captulate
with
such
Men
,
it
is
necessary
to
hold
that
we
promise
,
that
is
,
(
we
presume
)
Gregorus
Perjurum
Deo
culpam
impingit
negligenti●…
▪
when
the
word
is
given
by
him
that
may
give
it
,
and
that
they
rely
upon
it
.
VI.
If
Hostages
are
taken
,
he
that
gives
them
is
freed
from
his
Faith
;
for
that
in
receiving
Hostages
,
he
that
receives
them
hath
relinquished
from
the
assurance
,
which
he
had
in
the
Faith
of
him
that
gave
them
;
so
where
a
Captain
for
his
Prince
gives
his
word
without
Commission
,
it
binds
not
the
Prince
.
VII
.
Some
Lawyers
would
judge
of
Treaties
as
particular
Contracts
,
by
which
means
they
would
stretch
the
Consciences
of
Princes
;
for
,
say
they
,
that
as
a
private
Man
is
not
bound
by
that
which
he
hath
promised
by
force
or
fear
,
so
it
ought
to
take
place
amongst
Princes
and
in
Treaties
which
are
made
betwixt
Soveraigns
,
but
that
is
ridiculous
,
for
that
were
in
effect
to
banish
Faith
from
all
publique
Negotiations
;
for
there
is
no
Treaty
but
is
usually
made
in
Arms
by
force
or
through
fear
,
to
loose
either
Life
,
or
Goods
,
or
Liberty
,
or
the
State
;
which
are
causes
of
just
fear
,
and
may
shake
the
most
constant
.
VIII
.
Some
Princes
desirous
to
shew
themselves
more
religious
in
these
ruptures
,
have
taken
subject
and
occasion
upon
the
ambiguity
of
some
clauses
in
the
Treaty
,
or
upon
equivocation
,
as
Charles
the
Fifth
did
;
or
else
they
Upon
the
wo●…s
E●…ing
and
Eu●…g
,
to
retain
the
L●…grave
of
Hesse
.
seek
other
occasions
,
as
attempting
against
those
whom
their
Allie
is
bound
to
defend
;
to
the
end
that
drawing
him
into
the
field
,
he
may
lay
the
cause
of
the
Repture
on
him
.
But
Princes
,
who
respect
such
Treaties
with
a
pious
intention
of
preserving
them
,
alwaies
remain
constant
and
firme
;
and
though
occasion
may
offer
it self
,
by
which
they
might
get
advantage
by
the
breach
;
yet
when
they
remain
durable
,
such
respect
is
afterwards
had
to
their
Word
and
Honour
,
that
fewer
and
lesser
securities
will
be
demanded
of
them
,
then
one
whose
Faith
is
doubted
.
Famous
was
the
answer
of
the
Carthaginians
Senate
to
the
Romans
,
upon
the
assaulting
of
Saguntum
;
Ego
non
privato
publicove
consilio
Saguntum
oppugnatum
,
si
quaerendum
censeo
;
sed
utrum
jure
an
injuria
;
nostra
enim
haec
quaestio
atque
animdversio
in
Civem
nostrum
,
est
nostrum
an
suo
fecerit
arbitrio
vobiscum
una
disputatio
est
,
licuerit
ne
per
soedus
fieri
;
Whether
Saguntum
was
assaulted
by
Private
or
publique
Councel
,
we
conceive
it
not
to
be
made
the
question
;
but
this
,
whether
it
was
assaulted
justly
or
unjustly
,
for
to
our selves
an
account
is
to
be
given
by
our
Citizens
,
whether
it
did
it
of
himself
,
or
by
Commission
;
with
you
alone
this
is
dispensable
,
whether
it
were
a
violation
of
the
League
,
or
no
,
Livius
lib.
31.
IX
.
But
assurances
in
cases
of
this
nature
has
been
found
more
in
Reipubliques
then
in
Princes
;
for
though
Reipubliques
have
the
same
mind
,
and
have
the
same
intentions
as
Princes
,
yet
for
that
they
move
but
slowly
,
it
will
cause
them
to
stay
longer
in
resolving
:
Famous
is
that
of
the
Atheneans
when
Themosticles
in
his
Oration
told
them
,
that
he
could
discover
a
matter
in
which
the
Atheneans
would
reap
great
advantages
in
;
but
he
could
not
tell
it
,
for
fear
the
discovery
would
take
away
the
opportunity
of
atcheiving
it
:
whereupon
the
Atheneans
deputed
Aristides
,
to
whom
he
should
communicate
the
secret
,
and
with
him
should
consult
about
the
obtaining
it
,
they
meeting
Themosticles
demonstrated
that
it
was
in
the
power
of
the
Atheneans
to
make
themselves
Masters
of
all
Greece
,
for
the
Grecian
Naval
Army
was
then
in
their
Ports
and
Protection
;
whereupon
Aristides
reply'd
,
The
same
was
a
breach
of
Faith
:
But
it
was
answered
,
it
being
for
the
publique
,
all
considerations
of
that
kind
ought
to
be
laid
aside
;
whereupon
Aristides
being
called
by
the
People
to
give
a
Report
,
told
them
,
Themosticles's
advice
was
exceeding
profitable
,
but
dishonest
,
for
which
cause
the
People
wholly
refused
it
.
X.
If
one
party
has
violated
the
League
,
the
other
may
most
certainly
depart
from
it
,
for
the
transgression
of
the
Articles
,
be
it
never
so
little
,
makes
a
breach
of
the
agreement
;
unless
it
be
otherwise
prevented
by
Condition
,
which
may
be
,
by
incerting
into
the
same
,
[
](A51124-e33190-b)†
†
Grotius
de
Jure
Belli
ac
Pacis
lib.
2.
ch.
15.
§.
15.
that
for
every
offence
it
may
not
be
lawful
to
depart
from
the
League
.
XI
.
In
all
Leagues
,
the
thoughts
of
Princes
and
States
are
to
be
considered
not
what
they
said
;
yet
because
internal
In
fide
quid
senseris
non
quid
dixeris
cogitandum
.
Cic.
de
Offic.
1.
Acts
are
not
visible
by
themselves
,
it
is
necessary
that
somewhat
certain
should
be
determined
,
i.
e.
reduced
to
Heads
or
Writings
:
otherwise
there
would
be
no
obligation
at
all
,
for
then
every
one
might
free
himself
by
affixing
on
his
own
words
what
sense
he
pleases
:
Hence
it
is
that
by
the
dictates
of
Natural
reason
,
he
,
to
whom
any
thing
is
promised
,
hath
a
right
to
compel
the
promiser
,
to
that
which
right
Interpretation
suggesteth
,
for
otherwise
the
matter
would
have
no
end
.
XII
.
In
the
Interpretation
of
Leagues
and
Truces
,
there
ought
to
be
a
very
great
care
had
,
in
regard
of
the
Sacredness
of
them
;
therefore
in
things
promised
or
secured
by
such
Leagues
,
some
are
favourable
,
some
odious
,
some
mixt
,
or
of
a
middle
nature
.
Those
that
are
most
favoured
are
those
whose
words
tend
to
Peace
,
not
to
War
;
whose
foot-steps
leave
ever
behind
,
the
deep
impressions
of
misery
,
devastation
and
poverty
,
but
more
especially
when
such
Leagues
are
made
for
War
Defensive
then
otherwise
;
but
those
are
called
odious
,
which
burden
or
oppress
one
part
only
,
or
one
more
then
the
other
,
and
likewise
such
as
tend
to
matter
of
Revenge
or
Punishment
,
or
to
violate
some
former
acts
,
or
obligations
,
or
the
bringing
in
a
change
or
innovation
of
what
hath
been
constantly
settled
,
and
used
before
.
Mixt
,
as
where
a
change
is
propounded
;
but
that
is
with
the
Sisters
of
Moderation
and
Peace
,
which
are
proportionably
In
L.
non
possunt
.
D.
de
Legibus
.
good
,
according
as
the
change
may
be
esteemed
.
—
Therefore
the
Standard
Rule
,
is
,
that
in
Leagues
and
Treaties
not
odious
,
the
words
are
to
be
taken
according
to
the
full
extent
and
propriety
of
popular
use
;
and
if
there
be
more
significations
,
the
largest
is
best
:
on
the
other
hand
we
are
not
to
recur
to
significations
plainly
improper
,
unless
otherwise
some
absurdity
or
inutility
of
the
agreement
would
follow
:
Again
,
words
are
to
be
taken
ever
more
strickly
then
propriety
suffers
,
if
it
be
necessary
for
the
avoyding
of
inequity
or
absurdity
.
But
if
there
Vide
exemplum
in
L.
cum
virum
.
C.
de
fidei
commissis
.
be
not
such
necessity
,
manifest
equity
or
utility
in
the
restriction
,
we
are
to
stay
them
within
the
narrowest
bounds
of
propriety
,
unless
the
cirumstances
disswade
;
on
the
other
hand
in
Leagues
or
Promises
odious
,
even
a
figurative
speech
is
admitted
,
to
avoid
the
Odium
,
or
burthen
,
therefore
in
Donation
,
Remission
of
ones
Right
,
Dominion
or
property
,
they
are
alwaies
to
be
construed
to
those
things
,
which
were
probably
thought
on
,
and
really
intended
.
So
aids
and
succours
promised
from
one
part
,
Grotius
lib.
2.
cap.
16.
§.
12.
only
is
to
be
understood
to
be
due
at
the
charges
of
him
who
shall
acquire
them
.
CHAP.
IX
.
Of
Treaties
of
Truce
and
Neutrality
.
-
I.
Of
Treaties
,
the
various
sorts
.
-
II.
Of
Rules
in
cases
doubtful
:
-
III.
Of
Truces
amounting
to
a
Peace
.
-
IV.
Of
the
advantages
between
Treaties
of
Truce
and
Peace
.
-
V.
How
preserved
and
punished
in
England
.
-
VI.
Of
Treaties
of
Neutrality
,
the
various
sorts
.
-
VII
.
Of
the
advantages
of
the
same
.
-
VIII
.
In
cases
of
necessity
where
he
ought
to
declare
,
and
for
whom
.
I.
TReaties
are
either
with
Enemies
or
Friends
,
or
with
Persons
which
desire
to
continue
Neuters
with
us
,
or
we
with
them
.
The
Treaties
which
are
made
with
our
Enemies
,
are
either
for
a
time
,
or
perpetual
.
Perpetual
,
as
the
Peace
that
is
made
to
compose
all
differences
,
and
the
War
that
is
undertaken
for
Conquest
,
or
for
Reparation
of
injuries
,
or
to
restore
the
Commerce
.
Treaties
which
are
made
for
a
time
with
our
Enemies
,
are
called
Truces
;
the
which
are
either
General
,
for
all
the
States
of
the
one
or
the
other
Prince
,
for
all
Persons
,
and
for
all
sorts
of
Commerce
:
Or
else
they
are
Particular
,
for
certain
Places
,
for
certain
Persons
,
and
for
the
Commerce
.
II.
When
any
one
is
bound
by
Alliance
not
to
make
Peace
or
Truce
,
without
the
consent
of
his
Allie
,
and
In
the
Truce
that
was
made
between
Edw.
the
4th
.
and
Lewis
the
11th
there
was
like
provision
made
for
Charles
Duke
of
Burgundy
,
but
he
refused
,
and
concluded
a
Peace
for
himself
a
part
,
being
angry
with
Edw.
the
4th
.
for
making
the
same
,
Philip.
Com.
lib.
4.
c
40.
So
Lewis
the
11th
.
concluded
a
Truce
for
nine
Years
with
Edw.
the
4th
.
when
he
had
invaded
France
,
Phil.
Com.
lib.
4.
cap.
8.
whose
agreement
seems
doubtfull
,
they
set
down
no
prefixed
time
,
but
,
that
it
shall
continue
till
he
refuse
,
and
some
reasonable
time
ascertained
after
;
as
that
which
was
made
betwixt
Charles
the
Eight
,
and
the
King
of
Spain
.
III.
Sometimes
a
General
Truce
holds
the
place
of
a
Peace
,
as
that
of
a
hundred
years
.
Such
Truces
are
commonly
made
betwixt
Princes
that
are
equal
in
Power
,
and
will
not
quit
any
thing
of
their
Rights
by
Peace
;
and
yet
desire
to
live
quietly
in
the
State
wherein
they
are
,
satisfying
by
this
medium
,
the
Point
of
Honour
.
IV.
Treaties
of
Truce
are
many
times
less
subject
to
Rupture
then
a
Peace
,
which
is
made
perpetual
;
for
Princes
or
States
that
find
themselves
aggrieved
with
a
Treaty
that
is
perpetual
,
seek
out
plausible
reasons
to
forsake
it
,
seeing
the
grievance
cannot
be
otherwise
repaired
;
but
if
the
time
be
limited
and
expired
,
they
may
pursue
that
which
they
think
ought
to
be
granted
,
and
the
other
may
oppose
;
and
if
they
have
a
desire
to
continue
the
Truce
,
there
is
nothing
so
easy
as
to
renew
it
.
Hence
it
is
become
a
Maxim
in
State
,
that
seeing
Treaties
are
grounded
on
the
Interests
of
Princes
which
change
with
the
time
,
it
is
necessary
to
change
and
settle
them
at
the
end
of
the
time
,
or
to
break
them
off
:
for
it
is
in
vain
to
trust
to
a
bare
Friendship
.
A
Truce
is
likewise
made
to
advance
a
Peace
,
and
to
treat
it
;
so
likewise
it
is
sometimes
promoted
for
the
more
honest
discharge
of
a
League
,
which
is
made
with
some
other
Prince
,
whom
they
have
accustomed
to
comprehend
therein
:
so
as
a
Peace
following
it
,
or
a
Truce
not
being
accepted
by
him
,
they
take
accasion
to
leave
the
League
,
it
being
not
his
fault
that
leaves
it
,
that
the
War
was
not
ended
.
And
although
it
seems
that
a
Truce
cannot
by
its
condition
prejudice
the
pretention
in
the
Principal
;
yet
it
is
most
certain
that
if
he
which
is
chased
out
of
a
contentious
State
,
consents
,
that
during
the
Truce
,
the
Commerce
shall
be
forbidden
to
his
Subjects
,
he
doth
wholly
stop
the
gate
,
[
](A51124-e34400-b)*
*
For
the
Right
remains
with
him
:
how
ever
,
he
hath
lost
the
possession
.
Grot.
de
Jure
Belli
ac
Pacis
lib.
2.
ch.
16.
§.
18.
as
Lewis
the
12th
.
did
in
the
Truce
which
he
made
with
Gonsalve
,
after
the
Conquest
of
the
Realm
of
Naples
.
In
England
by
the
Stat.
2
H.
5.
cap.
6.
Robbery
,
spoiling
,
breaking
of
Truces
and
Safe-Conducts
by
any
of
the
2
H.
5.
cap.
6.
Kings
Liege
People
,
and
Subjects
within
England
,
Ireland
and
Wales
,
or
upon
the
main
Sea
,
was
adjudged
and
determined
to
be
High-treason
;
but
this
branch
concerning
High-treason
,
is
repealed
by
the
Stat.
of
20
H.
6.
20
H.
6.
cap.
11.
cap.
11.
but
by
the
said
Act
of
2
H.
5.
for
the
better
observation
of
Truces
and
Safe-Conducts
,
Conservator
Induciarum
&
salvorum
Regis
conductum
,
was
raised
and
appointed
in
every
Port
of
the
Sea
by
Letters
Patents
,
his
Office
was
to
enquire
of
all
offences
done
against
the
Kings
Truces
,
and
Safe-Conducts
upon
the
main
Sea
(
out
of
the
Counties
and
out
of
the
liberties
of
Cinque
Ports
,
as
Admirals
of
Custom
were
used
to
do
.
Sir
John
Trebiel
was
committed
to
the
Tower
,
for
taking
a
French
Ship
,
and
being
brought
into
Parliament
did
there
justify
the
same
;
but
at
last
confessed
his
fault
,
and
begged
the
Kings
Pardon
:
[
](A51124-e34710-b)†
†
And
at
the
the
Lords
of
Request
of
and
Commons
was
pardoned
,
he
making
satisfaction
for
the
losse
.
11
H.
4.
ad
Parliament
tent
quenden
Hill.
vide
Cotton
Abridgement
.
19
E.
4.
6.
B.
18
H.
6.
ca
4.
20
H.
6.
cap.
1.
generally
all
Leagues
and
Safe-Conducts
are
,
or
ought
to
be
of
Record
,
that
is
,
they
ought
to
be
Inrolled
in
the
Chancery
,
to
the
end
the
Subject
may
know
who
are
in
Amity
with
the
King
,
and
who
not
:
who
be
Enemies
,
and
can
have
no
Action
here
,
and
who
in
League
,
and
may
have
Actions
personal
here
.
Sometimes
they
have
been
inrolled
in
the
Wardrobe
,
19
E.
4.
6.
B.
as
being
matters
of
State
.
Note
;
In
all
Treaties
,
the
power
of
the
one
party
,
and
the
Maxime
.
other
,
ought
to
be
equal
;
nor
are
they
to
be
held
firm
till
ratified
.
Before
the
Statute
when
any
breach
of
Truces
or
Leagues
Rott
.
Scotiae
de
An.
10
E.
3.
m.
36.
intus
de
puniendo
illos
qui
contra
formam
Treugae
hominibus
de
Scotiae
concess●…
deliquerint
.
happened
,
or
was
occasioned
by
the
misdemeanours
of
any
of
the
King
of
Englands
Subjects
,
there
did
usually
issue
forth
Commissions
under
the
Great
Seal
of
England
,
to
enquire
of
the
fringers
of
the
same
,
and
to
punish
and
award
satisfaction
to
the
injured
.
VI.
Princes
who
neither
love
nor
hate
any
thing
absolutely
,
seem
generally
inclined
to
neutrality
,
and
in
that
govern
themselves
in
their
Friendships
,
according
to
their
interests
;
and
Reasons
of
State
,
in
effect
is
no
other
but
Reason
of
Interest
.
Neutrality
may
be
of
two
sorts
;
the
one
with
Alliance
with
either
part
,
the
other
without
Alliance
,
or
so
much
as
the
least
tie
to
the
one
or
other
,
which
is
that
which
properly
may
be
called
Neutrality
.
The
first
is
governed
by
the
Treaty
of
Neutrality
,
the
latter
by
the
Discretion
of
the
Neuter
Prince
,
whose
carriage
ought
alwaies
to
be
such
,
as
that
he
may
not
give
the
least
glimpse
of
inclining
more
to
one
then
to
another
.
VII
:
The
advantages
of
Neutrality
,
are
,
that
the
neuter
Prince
or
Republique
is
honoured
and
respected
of
both
Parties
,
and
by
the
fear
of
his
declaring
against
one
of
them
he
remains
Arbitrator
of
others
,
&
Master
of
himself
.
And
as
a
Neuter
neither
purchases
Friends
,
nor
frees
himself
from
Enemies
;
so
commonly
he
proves
a
prey
to
the
Victor
:
hence
it
is
held
more
advantage
to
hazard
in
a
Conquest
with
a
Companion
,
then
to
remain
in
a
State
wherein
he
is
in
all
probability
of
being
ruined
by
the
one
or
the
other
.
But
Princes
that
are
powerful
,
have
used
generally
to
preserve
a
Neutrality
:
for
whilst
Petty
Princes
and
States
ruin
themselves
by
War
,
he
fortifies
himself
with
means
;
and
in
the
end
,
may
make
himself
Judge
of
their
differences
.
On
the
other
hand
,
it
hath
been
conceived
,
that
Reipubliques
that
are
weak
,
what
part
soever
they
take
,
it
will
be
dangerous
unto
them
,
especially
if
they
are
in
the
midst
of
two
more
powerful
States
then
themselves
;
but
experience
hath
made
it
appear
to
the
contrary
,
that
Neutrality
is
more
beneficial
to
a
weak
Prince
or
Reipublique
;
so
that
they
that
are
at
War
be
not
barbarous
Much
practised
by
the
Free
Princes
and
States
of
the
Empire
.
or
inhumane
;
for
although
a
Neutrality
does
not
please
either
party
,
yet
in
effect
wrongs
no
Man
;
and
as
he
doth
not
serve
,
so
he
does
not
hurt
;
besides
his
declaration
is
reserved
till
the
issue
of
the
War
,
by
which
means
he
is
not
oblidged
that
by
siding
with
eiher
party
,
to
gain
or
loose
by
the
War
.
VIII
.
But
if
the
Neuter
be
prest
by
necessity
to
declare
himself
,
he
must
do
it
for
the
most
powerful
of
the
two
parties
,
following
that
Roman
Maxime
,
That
either
they
must
make
themselves
the
strongest
,
or
be
a
friend
to
the
strongest
:
So
they
of
Strasburgh
[
](A51124-e35230-b)†
†
An.
1674
Consul
Quintus
ad
Achaeos
,
quod
optimum
esse
di
cant
non
inter●…erponi
vos
bello
:
imo
nihil
tam
alienam
rebus
vestris
est
:
Quippe
sine
gratia
,
ne
lignitate
praemiu●…
〈◊〉
eritis
.
Lucius
lib.
35
Scripta
Ammirat
disc.
polit.
l.
18.
disc.
polit.
declared
for
the
Empire
against
the
French
;
on
the
other
hand
,
if
the
Neuter
sees
,
that
joyning
to
the
weaker
,
will
ballance
the
power
of
the
stronger
,
and
by
this
counterpoize
,
reduce
them
to
reason
:
the
same
hath
been
generally
followed
upon
the
Maxime
,
That
the
safety
of
States
consist
chiefly
in
an
equal
counterpoize
of
the
one
,
and
the
other
;
for
as
the
greatness
and
oppulancy
of
a
Prince
draws
after
it
the
ruin
of
their
Neighbours
,
it
is
wisdom
to
prevent
it
.
CHAP.
X.
Of
the
immunities
and
Priviledges
of
Ambassadors
,
and
other
publique
Ministers
of
State
.
-
I.
Of
the
Function
of
Ambassadors
and
Agents
generally
.
-
II.
Of
their
right
and
protection
by
the
Laws
Divine
and
of
Nations
.
-
III.
Of
precaution
,
whether
the
same
may
be
given
to
such
not
to
come
,
and
attempting
against
such
interdiction
,
how
dealt
with
,
and
of
punishment
of
those
that
shall
hurt
them
by
the
Laws
of
England
.
-
IV.
Of
the
several
causes
that
Princes
or
Reipubliques
may
reject
such
publique
Ministers
of
State
.
-
V.
Where
Ambassadors
may
be
subjected
to
punishment
by
the
Laws
of
Nations
.
-
VI.
Of
the
proceeding
against
them
by
Princes
&
States
at
this
day
,
according
to
the
practise
of
Nations
.
-
VII
.
Of
the
various
proceedings
against
them
by
several
Princes
and
Reipubliques
,
illustrated
in
15
Presidents
of
examples
.
-
VIII
.
Of
the
proceeding
against
them
,
according
to
the
pactise
in
England
.
-
IX
.
Ambassadors
,
where
they
forfeit
their
Priviledge
by
the
Laws
of
England
.
-
X.
Where
actions
committed
by
them
,
though
against
the
known
Laws
,
yet
oblidges
them
not
to
a
forfeiture
of
their
Priviledge
.
-
XI
.
Of
the
duty
of
Ambassadors
in
cases
Civil
,
and
what
their
Office
includes
for
the
King
and
Nation
,
whom
they
represent
.
-
XII
.
Whether
the
House
of
an
Ambassador
can
be
a
Sanctuary
,
or
whether
he
may
exercise
a
Royal
Jurisdiction
over
his
Servants
and
Vassals
;
whether
the
same
proceeds
from
the
Laws
of
Nations
.
-
XIII
.
Whether
the
Goods
of
an
Ambassador
may
be
seized
for
debt
or
other
Contracts
.
-
XIV
.
Whether
outrages
committed
by
publique
Ministers
of
State
,
can
subject
them
to
punishment
.
-
XV.
Of
the
punishment
of
those
that
commit
any
outrage
on
them
.
-
XVI
.
Some
observation
of
the
immunities
and
Government
by
the
Laws
of
Venice
of
their
Ambassadors
.
AN
Ambassador
and
Agent
is
the
same
thing
,
if
we
consider
only
the
Function
of
their
Charges
:
only
in
this
they
differ
;
an
Agent
hath
charge
to
represent
the
Affairs
only
,
but
an
Ambassadors
ought
represent
the
Greatness
of
his
Master
,
and
of
his
Affairs
.
II.
The
right
of
Ambassadors
is
secured
both
by
the
Safeguard
of
Men
,
and
also
by
the
protection
of
the
Law
Divine
;
therefore
to
violate
this
,
is
not
only
unjust
,
but
impious
too
:
and
as
Protection
is
given
to
the
Legates
of
Supream
Pompon
.
Leg.
si
quis
.
D.
de
Lecationibus
.
Rulers
by
the
Laws
of
Nations
,
so
by
the
Civil
Law
,
there
is
a
protection
likewise
for
Provincial
Legates
,
and
Heraulds
,
&c.
This
Right
of
Legation
was
originally
provided
,
saith
Livy
,
for
a
Forreigner
,
not
a
Citizen
;
yet
in
Livy
lib.
1.
6.
Civil
Wars
,
necessity
sometimes
makes
place
for
this
right
besides
the
Rule
,
as
when
the
People
are
so
divided
into
equal
parts
,
that
it
is
doubtful
on
which
side
the
right
of
Empire
lyeth
,
as
that
unhappy
spot
of
Flanders
,
or
Kings
conquered
in
a
solemn
War
,
and
deprived
of
their
Kingdom
with
other
Royalties
,
loose
the
right
Legation
.
P.
Aemilius
detain'd
the
Heralds
of
Perseus
,
whom
he
conquered
.
when
the
right
being
much
controverted
,
two
contend
for
the
succession
to
the
Throne
;
for
in
this
case
one
Nation
is
reckoned
as
two
,
and
so
was
the
State
of
England
,
when
the
House
of
York
and
Lancaster
,
contended
for
the
Crown
;
nay
,
this
right
of
Legation
hath
been
preserved
that
the
very
Messengers
of
Rebels
have
been
protected
,
as
were
those
of
Holland
by
Phillip
of
Spain
:
So
great
a
respect
[
](A51124-e35910-b)†
†
P.
Poole
a
Traitor
,
fled
to
Rome
,
the
Pope
sent
him
Ambassador
to
the
French
King
,
of
whom
the
King
of
England
demands
his
Subject
,
sed
non
praevaluit
.
Co.
Inst.
3.
fo.
153.
have
Nations
had
in
all
times
to
such
Men
,
that
even
Pyrats
and
Robbers
,
who
make
not
a
Society
,
nor
have
any
Protection
by
the
Law
of
Nations
,
and
with
whom
neither
Faith
nor
Oath
(
as
some
conceive
)
may
be
kept
;
Faith
being
given
them
,
obtain
the
right
of
Legation
,
as
once
the
Fugitives
in
the
Perynean
Forest.
III.
Ambassadors
may
by
a
precaution
be
warned
not
to
come
,
if
they
dare
,
they
shall
be
taken
for
Enemies
;
but
once
admitted
even
with
Enemies
in
Arms
,
much
less
with
Enemies
not
in
actual
hostility
,
have
the
protection
Rot.
Pat.
3.
R.
2.
num
18.
and
Safe-guard
of
the
Laws
of
Nations
;
and
therefore
their
Quallity
being
admitted
by
Safe-conduct
,
they
are
to
be
preserved
as
Princes
;
and
so
it
was
declared
in
Parliament
,
where
the
killing
of
John
Imperial
,
Ambassador
from
the
States
of
Genoa
,
was
High-treason
,
Crimen
laesae
Majestatis
.
[
](A51124-e36130-b)*
*
Legatus
ejus
vice
fungitur
a
quo
destinatur
,
&
honorandus
est
sicut
ille
cujus
vicem
gerit
,
&
Legatos
violare
,
contra
jus
Gentium
est
.
●…2
Assize
pl.
49.
Note
,
this
was
3
years
before
the
making
of
the
Stat.
of
25
E.
3.
quaere
if
such
a
Prorex
is
within
the
Stat
,
at
this
day
.
So
likewise
of
A.
de
Walton
,
the
Kings
Ambassador
Nuncium
Domini
Regis
missum
ad
mandatum
Regis
exequendum
,
who
was
murdered
by
one
John
Hill
,
for
which
offence
it
was
adjudged
High-treason
,
and
accordingly
he
was
drawn
,
hang'd
and
beheaded
.
IV.
On
the
other
hand
,
Ambassadors
may
not
alwaies
be
received
,
though
alwaies
they
ought
not
to
be
rejected
;
for
there
may
be
cause
from
him
from
whom
they
come
,
as
the
Roman
Senate
would
not
admit
of
the
Ambassage
of
the
Carthaginian
,
whose
Army
was
then
in
Italy
;
the
Cambden
157●…
quaestionum
ibi
pro
posticarum
quarta
.
King
of
Spain
those
of
Holland
,
and
the
then
Pope
the
Ambassadors
of
Henry
the
2d
.
after
the
murder
of
Becket
Arch.
Bishop
of
Canterbury
:
so
likewise
from
the
very
Persons
Daniels
Hist.
of
Henry
the
Second
.
that
are
sent
,
as
Theodorus
Athest
,
whom
Lisimachus
would
not
give
Audience
to
,
and
Mr.
Oliver
Lewis
the
11th's
Barber
,
whom
they
of
Caunt
refused
.
Carolus
quintus
Imp.
Galliae
Venetorum
&
Florentinorum
ad
bellum
sibi
indicendum
missos
d●…duci
jussit
in
locum
qui
a
comitatu
sno
abesset
,
triginta
millarum
aria
,
Guic.
l.
18.
Bellaius
lib.
3.
So
likewise
where
the
cause
of
sending
is
suspected
,
as
in
reference
to
disturbe
the
People
or
intentions
rather
to
sow
sedition
then
to
conclude
a
Peace
(
if
such
be
their
errand
)
or
not
honourable
or
unseasonable
;
as
for
those
assiduous
Legations
which
are
now
in
use
,
they
may
with
very
good
right
be
rejected
;
for
the
no-necessity
of
them
appears
,
by
the
Antient
Custom
whereto
they
are
unknown
.
The
Venetian
having
admitted
Henry
the
Fourth
of
France
his
Ambassador
,
yet
they
interdicted
him
[
](A51124-e36440-b)†
†
Card.
Arnold
.
Ossat
in
his
353
Epistle
.
Coke
4.
Iust.
153.
to
come
with
the
other
Ambassadors
to
the
Chappel
,
till
the
King
was
reconciled
to
the
Church
of
Rome
.
V.
By
the
Laws
of
Nations
,
only
unjust
force
is
kept
from
the
Bodies
of
Ambassadors
;
for
if
the
Laws
of
Nations
Menander
Protector
Justino
Imper.
Avarorum
Legatos
contra
jus
Legationum
in
vinculis
habuit
Cothmannum
Resp.
32.
num.
29.
Co.
Inst.
4.
153.
2.
H.
5.
Cap.
6.
20
H
6
:
Cap.
11.
be
broken
by
him
,
he
is
subject
to
punishment
.
Yet
the
opinion
of
Nations
and
Men
Eminent
for
Wisedom
,
have
been
doubtful
in
this
point
,
and
Presidents
on
both
sides
have
been
avouched
,
one
which
seems
to
refute
that
position
of
punishing
such
Ministers
of
State
:
the
Ambassadors
of
Tarquin
,
who
had
committed
treason
at
Rome
,
[
](A51124-e36540-b)*
*
Quanquam
visi
sunt
commisisse
ut
Hostium
loco
essent
,
jure
tamen
Gentium
valuit
:
and
as
Livy
observes
,
were
in
the
State
of
Enemies
;
yet
the
Right
of
Nations
,
as
he
calls
it
,
prevailed
so
far
as
to
preserve
them
,
although
in
a
case
of
hostility
:
On
the
other
hand
,
[
](A51124-e36570-b)†
†
Fit
reus
magis
ex
equo
bonoque
quam
ex
jure
Gentium
,
Bomilicari
comes
ei
qui
Romam
fide
publ
.
venerat
.
Salust
observes
,
that
Bomilicar
,
one
of
the
Carthaginian
Ambassadors
,
who
came
to
Rome
on
the
Publique
Faith
,
was
adjudged
guilty
,
rather
(
saith
he
)
by
the
Rules
of
Equity
,
then
by
the
Laws
of
Nations
;
Equity
,
that
is
the
meer
Law
of
Nature
suffers
punishment
to
be
exacted
where
there
is
found
a
delinquent
,
but
the
Laws
of
Nations
except
the
Persons
of
Ambassadors
;
for
certainly
their
security
out-weighs
An
Enemy
is
boundtowhom
they
are
sent
,
〈◊〉
their
Pri●…ge
oblid●…
〈◊〉
those
〈◊〉
whose
〈◊〉
th●…
〈◊〉
without
leave
.
For
if
they
go
to
,
or
come
from
their
Enemies
,
or
make
a●…y
hostile
attemp●…
they
may
be
slain
.
Livy
lib.
26.
the
profit
arising
from
punishment
,
which
may
be
inflicted
by
him
that
hath
sent
him
(
if
he
be
willing
)
if
unwilling
,
it
may
be
exacted
of
him
as
an
approver
of
the
crime
.
VI.
Again
,
as
Ambassadors
are
not
to
render
a
reason
of
〈◊〉
actions
to
any
other
,
but
him
by
whom
they
are
sent
●…nd
it
is
impossible
,
but
by
the
reason
of
various
Interests
and
other
secrets
of
State
,
which
pass
through
their
hands
,
somewhat
may
be
said
,
which
bears
a
show
Grotius
de
jure
B●…li
●…c
Pacis
lib
〈◊〉
Cap.
18
§.
4.
n●…
.
4
&
5.
or
face
of
crime
,
(
which
perhaps
may
prove
otherwise
;
)
yet
the
examining
and
tracing
of
the
truth
,
may
be
of
a
dangerous
consequence
,
and
therefore
if
the
offence
be
Senatus
faciem
secu●…
attulerat
auctoritatem
Reip
M.
Tullius
8.
such
as
may
be
contemned
,
it
is
usually
to
be
dissembled
or
connived
at
,
or
else
the
Ambassadour
be
commanded
to
depart
the
Realm
;
and
if
the
crime
be
cruel
,
and
publiquely
mischievious
,
the
Ambassadors
may
be
sent
with
Letters
of
Request
to
his
Master
to
inflict
punishment
,
*
Co.
Inst.
4.
f.
152.
according
to
the
offence
:
So
likewise
in
the
precaution
of
a
great
mischief
,
especially
publique
,
(
if
Sic
Carolus
quintus
Legato
Ducis
Mediolanensis
ut
subditi
sui
imperavit
,
ne
a
Comitatu
suo
ab●…cederet
,
Guicciardi
indicat
jam
loc.
there
be
no
other
remedy
)
Ambassadors
may
be
apprehended
and
executed
;
and
if
they
oppose
by
force
of
Arms
,
they
may
be
slain
.
In
the
Bishop
of
Rosses
Case
,
An.
13
Eliz.
the
question
was
,
An
Legatus
qui
rebellionem
contra
Principem
ad
quem
Hill.
13
Eliz.
Bishop
of
Rosses
Case
Co.
4.
Inst.
15●…
.
Legatus
concitat
,
Legati
Privilegiis
gaudeat
,
&
non
ut
hostis
poenis
subjaceat
;
and
it
was
resolved
,
that
he
had
lost
the
Priviledge
of
an
Ambassador
,
and
was
subject
to
punishment
;
nor
can
Ambassadors
be
defended
by
the
Law
of
Nations
,
when
they
commit
any
thing
against
the
State
or
Person
of
the
Prince
with
whom
they
reside
.
And
why
Ambassadors
are
in
safety
in
their
Enemies
Countries
,
and
are
to
be
spared
when
they
commit
offences
,
is
not
so
much
for
their
own
or
Masters
sake
,
but
because
without
them
there
will
never
be
an
end
of
hostility
,
nor
Peace
after
Wars
:
neither
is
the
Name
or
Person
of
an
Ambassador
so
inviolable
,
either
in
Peace
or
in
time
of
War
,
but
there
may
be
both
a
convenient
time
and
a
good
occasion
to
punish
them
,
and
this
standing
with
the
Laws
of
Nations
.
VII
.
The
Signiory
of
Venice
understanding
that
certain
Traytors
,
who
had
revealed
their
Secrets
to
the
Turk
,
were
fled
for
protection
into
the
House
of
the
French
Ambassador
at
Venice
,
sent
Officers
to
search
the
Ambassador's
House
;
but
the
Ambassador
refusing
them
enterance
,
the
Senate
commanded
certain
Cannon
to
be
brought
out
of
the
Arsenal
to
beat
down
his
House
,
which
when
he
saw
planted
,
he
surrendred
up
the
Traytors
.
(1)
The
Ambassadors
of
Tarquins
,
Morte
affligendos
Romani
non
judicarunt
,
&
quanquam
visi
sunt
ut
hostium
loco
essent
,
jus
tamen
Gentium
voluit
.
(2)
The
State
of
Rome
,
though
in
case
of
most
capital
crimes
,
exempted
the
Tribunes
of
the
People
from
question
August
.
de
Leg.
Antiq.
Rom.
during
the
Year
of
Office
.
(3)
The
Ambassadors
of
the
Protestants
,
at
the
Councel
of
Trent
,
though
divulging
there
the
Doctrine
of
the
Church
,
contrary
to
a
Decree
there
,
enacted
a
crime
equivalent
to
Treason
,
yet
stood
they
protected
from
Acta
Tride●…
Concilii
.
any
punishment
.
It
is
generally
consented
by
all
the
Civilians
,
That
Legis
de
jure
Gentium
indictum
est
,
&
eorum
corpora
salva
Pompon
.
Leg.
ult.
D.
de
L●…
patis
.
sint
,
propter
necessitatem
Legationis
ac
ne
confundant
jura
commercii
inter
Principes
.
(4)
Viva
,
the
Popes
Legates
,
was
restrained
by
Henry
the
Second
,
for
exercising
a
Power
within
his
Realm
,
not
allowed
or
admitted
of
by
the
King
,
in
disquiet
of
the
State
,
and
forced
to
swear
not
to
act
any
thing
in
praejudicium
Regis
vel
Regni
.
(5)
On
the
other
hand
,
it
has
been
answered
,
that
Benedict
.
in
Vita
Henr.
2.
〈◊〉
they
are
by
the
Laws
of
Nations
exempted
from
Regal
Tryal
,
all
actions
of
one
so
quallified
,
being
made
the
act
of
his
Master
,
or
those
whom
he
represents
,
until
he
or
they
disadvow
,
and
injuries
of
one
Absolute
Prince
or
State
to
another
,
is
factum
hostilitatis
,
and
not
Treason
;
the
immunity
of
whom
Civilians
collect
as
they
do
the
rest
of
their
grounds
from
the
practise
of
the
Roman
State
,
deducing
their
Arguments
these
examples
;
The
Fabii
Ambassadors
from
Rome
were
turn'd
safe
from
the
Chades
,
with
demand
of
Justice
against
them
Colloquium
Machiav
.
lib.
2.
cap.
28.
only
,
although
they
had
been
taken
bearing
Arms
with
the
Ethurian
their
Enemies
.
Titus
Liv.
2.
Dec.
(6)
King
Edward
the
Second
of
England
,
sent
amongst
others
a
French
Gentleman
Ambassador
into
France
;
the
King
upon
this
arraigned
him
as
a
Traytor
,
for
serving
the
King
of
England
as
Ambassador
,
who
was
his
Enemy
;
(
but
the
Queen
procured
his
pardon
.
)
(7)
Henry
the
Third
did
the
like
to
one
of
the
Popes
Ambassadors
,
his
Colleague
flying
the
Realm
secretly
,
fearing
timens
pelli
sui
,
as
the
Records
has
it
.
Edward
the
First
restrained
another
of
the
Popes
turbulent
Embassadors
,
Rott
.
Scaccar
.
Westm.
Claus.
Edw.
primi
.
untill
he
had
(
as
his
progenitors
had
)
informed
the
Pope
of
the
fault
of
his
Minister
,
and
received
satisfaction
for
the
wrongs
.
(8)
Henry
the
Eighth
commanded
a
French
Ambassador
to
depart
presently
out
of
the
Realm
;
but
because
he
was
the
professed
enemy
of
the
Seat
of
Rome
.
(9)
Lewis
de
Prat
,
Ambassador
for
Charles
the
Fifth
,
was
commanded
to
his
house
,
for
accusing
falsly
Cardinal
Wolsey
to
have
practised
a
breach
between
Henry
the
Eighth
and
his
Master
,
to
make
up
the
amity
with
the
French
King
1523.
(
10
)
Sir
Michael
Throgmorton
by
Charles
the
Nineth
of
France
was
so
served
,
for
being
too
busie
with
the
Prince
of
Condy
his
faction
.
(
11
)
The
Popes
Ambassador
at
Paris
was
arraigned
for
practising
certain
Treasons
in
France
,
against
the
King
in
the
Parliament
of
Paris
,
and
was
there
found
guilty
and
ccommitted
to
Prison
.
(
12
)
Doctor
Man
,
in
the
Year
1567
,
was
taken
from
his
house
at
Madrit
in
Spain
,
and
put
under
a
Guard
to
a
straighter
Lodging
,
for
breeding
a
scandal
(
as
the
Condo
Teri
said
)
in
using
by
Warrant
of
his
place
,
the
Religion
of
his
Countrey
,
although
he
alledged
the
like
permitted
to
Guzman
de
Silva
their
Ambassador
in
England
,
and
to
the
Turke
,
no
less
then
in
Spain
.
(
13
)
Francis
the
First
King
of
France
,
sent
Caesar
Tr●…gosus
and
Anthony
Rincone
,
Ambassadors
to
the
Turk
,
they
were
surprised
by
the
Armies
of
Charles
the
Fifth
,
on
the
River
Poe
,
in
Italy
,
and
were
put
to
death
;
the
French
King
complained
that
they
were
wrongfully
murdered
,
but
the
Emperor
justified
their
death
;
for
that
the
one
being
a
Genois
,
and
the
other
a
Milanois
,
and
his
Subjects
feared
not
to
serve
the
King
his
Enemy
.
(
14
)
Henry
the
Eighth
being
in
League
with
the
French
and
at
enmity
with
the
Pope
,
who
was
in
League
with
the
French
King
,
and
who
had
sent
Cardinal
Poole
to
the
French
King
,
of
whom
King
Henry
demanded
the
Cardinal
,
being
his
Subject
,
and
attainted
of
Treason
,
sed
non
praevaluit
.
(
15
)
Samuel
Pelagii
,
a
Subject
to
the
King
of
Morocco
,
pretended
that
he
was
an
Ambassador
sent
unto
the
States
General
of
the
United
Provinces
;
he
came
to
them
,
and
accordingly
they
did
treat
with
him
,
afterwards
he
departed
;
and
being
upon
the
Sea
,
he
did
take
and
spoil
a
Spanish
Ship
,
and
then
came
into
England
;
the
Spanish
Ambassador
here
having
received
intelligence
of
the
spoliation
,
caused
his
Person
to
be
seized
upon
,
intending
to
proceed
against
him
as
against
a
Pyrat
,
and
imprisoned
him
,
and
upon
conference
with
the
Lord
Coke
,
Dordridge
,
and
other
Judges
and
Civilians
,
they
declared
their
opinions
,
That
this
Caption
of
the
Spaniards
Goods
by
the
Morocco
Ambassador
,
the
same
is
not
in
Judgement
of
Law
a
Pyracy
,
in
regard
it
being
apparent
that
the
King
of
Spain
and
the
King
of
Morocco
are
enemies
,
and
the
same
was
done
in
open
Hostility
;
and
therefore
in
Judgement
of
Law
could
not
be
called
Spoliatio
,
sed
legalis
Captio
,
and
a
Case
out
of
2
R.
3.
fo.
2.
was
vouched
,
where
a
Spanish
Mere
chant
before
the
King
and
his
Councel
,
in
Camera
Scaccarii
,
brought
a
Bill
against
divers
English-Men
there
in
setting
forth
quod
depradatus
&
spoliatus
fuit
upon
the
Sea
,
juxta
partes
Britanniae
,
per
quendam
Virum
bellicosum
de
Britannia
de
quadam
Navi
,
and
of
divers
Merchandizes
therein
,
which
were
brought
into
England
,
and
came
into
the
hands
of
divers
English-Men
,
naming
them
,
and
so
had
process
against
them
,
who
came
in
,
and
pleaded
;
that
in
regard
this
depradation
was
done
by
a
Stranger
,
and
not
by
the
Subjects
of
the
King
;
and
therefore
they
ought
not
to
be
punished
,
in
regard
that
the
Stat.
of
31
H.
6.
Cap.
4.
gives
restitution
by
the
Chancellor
,
in
Cancellaria
sibi
vocato
uno
Judice
,
de
uno
Banco
vel
altero
;
and
by
the
Stat.
of
27
Ed.
3.
Ca.
13.
that
the
restitution
may
be
made
in
such
a
case
upon
proof
made
,
by
the
Chancellor
himself
without
any
Judge
;
and
upon
that
case
it
was
resolved
,
Quod
quisquis
extraneus
,
&c.
who
brings
his
Bill
upon
this
Stat.
to
have
restitution
,
debet
probari
quod
tempore
captionis
fuit
,
de
amicitia
Domini
Regis
;
and
also
quod
ipse
qui
eum
coeperit
&
spoliavit
,
fuit
etiam
sub
obedientia
Regis
,
vel
de
amicitia
Domini
Regis
,
sive
Principis
quaerentis
,
tempore
spoliationis
,
&
non
inimicus
Domini
Regis
sive
Principis
quaerentis
,
quia
si
fuerit
inimicus
,
&
sic
coeperit
bona
,
tunc
non
fuit
spoliatio
,
nec
depradatio
,
sed
legalis
captio
;
pro
ut
quilibet
inimicus
,
capit
super
unum
&
alterum
;
the
Judgement
of
which
case
was
held
to
be
Law
,
and
thereupon
the
Judges
delivered
their
opinions
,
that
the
Morocco
Ambassador
could
not
be
proceeded
Bulstr.
3.
part
.
fo.
28.
cited
in
Marshe's
Case
.
against
as
a
Pyrat
.
(
16
)
In
the
time
of
Philippe
the
Second
of
Spain
,
the
Venetian
Ambassador
in
Madrid
,
protecting
one
Bodovario
a
Venetian
an
offender
,
that
fled
into
his
house
,
and
denying
the
Corigidor
or
Justices
to
enter
his
house
,
where
the
Ambassador
stood
armed
to
withstand
them
,
upon
complaint
made
,
the
Ambassador
was
removed
unto
another
house
,
until
they
had
searched
and
found
the
offendor
,
then
conducting
back
the
Ambassador
with
all
due
respect
,
a
Guard
was
set
upon
his
house
to
stay
the
fury
of
the
enraged
People
;
the
Ambassador
complaining
to
the
King
,
he
remitted
it
to
the
Supream
Councel
:
they
justified
the
proceedings
,
condemning
Bodavario
to
loose
his
head
,
and
other
the
Ambassadors
Servants
to
the
all
which
the
King
turned
to
Banishment
,
and
to
satisfy
the
most
Serene
Republique
,
sent
the
whole
process
to
Inego
d'
Mendoza
his
Ambassador
at
Venice
,
and
declaring
by
a
publique
Ordinance
unto
that
State
,
and
all
other
Princes
,
That
in
case
his
Ambassador
should
commit
any
offence
unworthily
,
and
disagreeing
to
their
qualities
and
professions
of
Ambassadors
,
they
should
not
enjoy
the
Priviledge
of
those
Officers
,
but
would
refer
them
to
be
judged
by
the
Laws
of
that
Prince
or
States
where
they
then
resided
,
and
where
they
had
injured
,
it
was
a
great
and
a
noble
Saying
.
Sir
Henry
Woot
on
fo.
211.
stat.
Cris.
(
17
)
In
the
Year
1568
,
Don
Guhernon
d'Espes
was
ordered
to
keep
his
house
in
London
,
for
sending
scandalous
Letters
to
the
Duke
de
Alica
unsealed
,
and
in
Vide
Sir
Robert
Cottens
posthum
.
and
the
Proposit.
to
K.
James
.
1586
Don
Bernardino
de
Mendoza
,
was
restrained
first
,
and
after
commanded
away
.
(8)
The
manner
of
proceeding
against
them
,
has
been
conceived
necessary
to
be
that
some
of
the
Chief
Secretaries
of
State
were
sent
to
the
Ambassadors
,
and
by
way
of
advice
,
that
understanding
that
the
Common
People
having
received
notice
of
,
&c.
And
that
they
cannot
but
conceive
a
just
fear
of
uncivil
carriage
towards
their
Excellencies
or
their
followers
,
if
any
the
least
incitement
should
arise
,
and
therefore
for
quiet
of
the
State
,
and
securing
of
their
Persons
,
they
were
bound
in
love
and
respect
to
their
Excellencies
to
restrain
as
well
themselves
as
followers
,
untill
a
further
course
be
taken
by
legal
examination
,
where
the
aspersion
began
,
the
same
being
in
their
opinions
the
best
and
the
only
way
to
prevent
the
danger
,
&c.
Sometimes
,
if
the
Parliament
be
sitting
,
the
King
acquaints
the
Lords
,
and
then
departing
,
who
having
had
conference
with
the
Commons
,
conclude
of
a
Message
to
be
sent
to
the
Ambassadors
,
(
either
by
requiring
an
account
of
the
matter
or
confining
of
them
)
the
Persons
to
be
sent
,
the
two
Speakers
of
both
Houses
,
with
some
convenient
number
of
either
,
having
their
Maces
,
or
Ensigns
of
Offices
born
before
them
to
the
Ambassadors
Gates
,
and
then
forborn
;
and
then
requested
speech
with
them
,
let
them
know
that
a
relation
being
made
that
day
in
open
Parliament
of
,
&c.
they
were
deputed
from
both
Houses
,
the
Great
Councel
of
the
Kingdom
,
to
the
which
by
the
fundamental
Laws
of
this
Nation
,
the
Chief
care
of
the
Kings
safety
,
and
the
Publique
Peace
and
quiet
of
the
Realm
is
committed
;
and
that
they
were
no
less
the
High-Court
of
Justice
,
or
Supersedeas
to
all
others
,
for
the
examining
and
punishing
all
attempts
of
so
High
a
nature
as
,
&c.
if
it
carry
truth
,
and
having
executed
their
Commission
,
concluded
that
the
Houses
,
to
show
that
reverence
which
they
bear
unto
the
dignity
of
his
Master
,
by
their
Message
,
they
two
that
never
are
imployed
but
to
the
King
alone
,
were
at
that
time
sent
,
&c.
and
if
the
Houses
shall
upon
re●…n
of
their
Speakers
conceive
their
answer
(
if
it
be
a
matter
that
requires
it
)
are
such
as
may
justly
deserve
th●…
being
confined
,
they
then
make
an
address
to
his
〈◊〉
to
confine
them
to
their
Houses
,
restraining
their
●…ure
untill
the
Prince
or
State
,
whom
they
repre●…
〈◊〉
●…cquainted
with
their
offence
:
And
so
it
was
〈◊〉
●…n
44
H.
3.
to
the
Popes
Legates
in
England
,
and
28
E.
1.
XI
.
If
a
Foraign
Ambassadors
,
being
a
Prorex
commits
here
any
crime
which
is
contra
jus
Gentium
,
as
Treason
,
Felony
,
Adultery
,
or
any
other
crime
which
is
against
the
Law
of
Nations
,
he
looseth
the
Priviledge
and
dignity
of
an
Ambassador
,
as
unworthy
of
so
high
a
Place
,
The
opinion
of
the
Lord
Coke
4.
Inst.
153
,
&c.
and
may
be
punished
here
as
any
other
private
alien
;
and
not
to
be
remanded
to
his
Soveraign
but
of
courtesy
.
X.
But
if
any
thing
be
malum
prohibitum
by
any
Act
of
Parliament
,
private
Law
or
Custom
of
this
Realm
,
which
is
not
malum
in
se
jure
Gentium
,
nor
contra
jus
Gentium
,
an
Ambassador
residing
here
,
shall
not
be
bound
by
any
of
them
,
but
otherwise
it
is
of
the
Subjects
of
either
Kingdom
;
for
if
a
French
Merchant
or
Spanish
Merchant
trades
or
imports
any
prohibited
Goods
,
he
must
at
his
peril
observe
the
Laws
of
England
;
and
so
it
was
adjudged
Pasc.
33
Eliz.
in
the
Exchequer
,
Tomlinson
,
qui
tam
versus
Henry
de
Vale
&
●…l
.
upon
the
Stat.
of
19
H.
7.
Ca.
21.
but
if
an
Ambassador
imports
any
prohibited
Goods
econtra
.
In
Causes
Civil
.
XI
.
The
Office
of
an
Ambassador
does
not
include
a
procreation
private
but
publique
,
for
the
King
his
Master
,
nor
for
any
several
Subject
otherwise
then
as
it
concerns
the
King
and
his
publique
Ministers
,
to
protect
them
,
and
procure
their
protection
in
forreign
Kingdoms
,
in
the
nature
of
an
Office
and
Negotiation
of
State
;
therefore
their
Quality
is
to
Mediate
and
prosecute
for
them
or
any
one
of
them
,
at
the
Councel
Table
,
which
is
as
it
were
a
Court
of
State
;
but
when
they
come
to
settled
Courts
,
which
does
and
must
observe
essential
formes
of
proceedings
,
scil.
processus
legitimos
,
they
must
be
governed
by
them
:
And
therefore
in
the
Case
of
Don
Diego
Serviento
de
Acuna
,
Ambassador
Leger
for
the
King
of
Spain
,
who
libelled
in
the
Admiral
Court
as
Procurator
General
,
for
all
his
Masters
Subjects
,
against
one
Jolliff
and
Tucker
,
and
Sir
Richard
Bingley
,
for
two
Ships
and
their
lading
of
divers
kinds
,
of
the
Goods
of
the
Subjects
of
the
King
of
Spain
generally
,
and
not
naming
of
them
adduct
ad
Port
de
Munster
,
in
the
Preface
of
the
Libel
generally
against
them
all
,
and
then
proceeds
and
charges
them
severally
thus
;
That
Jolliff
and
Tucker
Captain
Pyrate
,
in
alto
Mare
bellico
dictas
Naves
aggressi
sunt
,
&
per
vim
&
violentiam
,
took
them
,
and
that
they
were
adductae
in
partes
Hiberniae
,
and
that
they
came
to
the
hands
Hobart
f.
71.
of
Sir
Richard
Bingley
,
and
he
converted
them
to
his
own
use
,
(
not
saying
where
)
and
refuseth
to
render
them
being
required
,
it
was
there
held
that
a
Prohibition
should
go
,
for
the
matter
is
tryable
meerly
at
the
Common
Law
,
and
that
such
a
Procuration
was
not
good
.
Don
Alonso
de
Valesce
Ambassador
from
the
Catholique
King
,
attached
Tobaccoes
at
Land
here
,
which
one
Corvero
,
a
Subject
to
the
King
of
Spain
,
brought
hither
,
and
the
Ambassador
by
his
Libel
supposed
to
belong
to
his
Master
,
as
Goods
confiscated
,
as
all
others
his
Goods
were
,
Sir
John
Watts
the
Plaintiff
in
the
suggestion
,
pray'd
a
Prohibition
,
which
was
granted
accordingly
,
for
the
property
of
Goods
here
at
Land
must
be
tryed
by
the
Common
Law
,
however
the
property
be
guided
;
and
it
was
likewise
rul'd
,
that
if
any
Subject
of
a
Forreign
Prince
bring
Goods
into
this
Kingdom
,
though
they
were
confiscate
before
,
the
property
shall
not
be
questioned
but
at
the
Common
Law
.
Don
Alfonso
vers.
Corvero
Mich.
9
Jac.
Hob.
212.
Hill.
9
Jac.
upon
the
like
Libell
by
Don
Pedro
Surega
Ambassador
for
Spain
.
XII
.
Whether
an
Ambassador
hath
Jurisdiction
over
his
own
Family
,
and
whether
his
House
be
a
Sanctuary
[
](A51124-e39690-b)*
*
Distingui
ferme
ac
in
re
solent
crimine
.
Vide
●…utam
l.
10.
ubi
Rex
Galliae
hans
ab
causam
●…ratus
●…acatur
.
Vide
euadem
lib.
11.
†
Grot.
de
jure
Belli
ac
Pacis
l.
18.
§.
4
,
5
,
6
,
7.
for
all
that
fly
into
it
,
depends
upon
the
concession
of
him
with
whom
he
resides
,
for
this
belongs
not
to
the
Law
of
Nations
†
;
and
it
hath
been
seen
that
an
Ambassador
hath
inflicted
punishment
on
his
own
Servants
and
Vassals
,
as
the
Muscovite
did
here
in
England
;
but
for
Fugitives
that
fly
into
their
Houses
,
nay
,
their
own
Rex
facisne
metu
regium
nuntium
populi
Romani
Quiritum
vasa
comitesque
meos
:
yet
an
Ejectment
hath
been
brought
and
left
at
the
house
of
the
Ambassador
,
and
it
was
allowed
good
,
and
conceived
no
breachof
their
priviledge
in
the
case
of
Monsieur
Co●…bert
,
for
York
House
.
Mich.
28
Car.
2.
in
Banc.
Reg.
Servants
,
if
they
have
greatly
offended
,
cannot
be
drawn
forth
by
force
,
without
a
demand
and
refusal
;
which
then
done
,
it
is
then
become
as
an
offence
in
them
.
XIII
.
Most
certain
by
the
Civil
Law
,
the
movable
Goods
of
an
Ambassador
,
which
are
accounted
an
accession
to
his
Person
,
cannot
be
seized
on
,
neither
as
a
pledge
,
nor
for
payment
of
a
debt
,
nor
by
Order
or
Execution
of
Judgement
,
no
nor
by
the
King
or
States
leave
where
he
resides
;
(
as
some
conceiue
)
for
all
coaction
ought
to
be
far
from
an
Ambassador
,
as
well
that
which
toucheth
his
necessaries
as
his
Person
,
that
he
may
have
full
security
;
if
therefore
he
hath
contracted
any
debt
,
he
is
to
be
called
upon
kindly
,
and
if
he
refuses
,
then
Letters
of
Request
are
to
go
to
his
Master
;
[
](A51124-e39850-b)†
†
Grot.
de
jure
Belli
ac
Pacis
lib.
2.
cap.
18.
so
that
at
last
,
that
course
may
be
taken
with
him
as
with
Debtors
in
another
Territory
;
to
some
this
may
seem
hard
,
yet
Kings
,
who
cannot
be
compelled
,
want
not
creditors
;
but
the
Lord
Coke
seems
to
be
of
another
opinion
,
[
](A51124-e39870-b)*
*
Co.
Inst.
4.
153.
Certain
it
is
that
none
dareth
presume
to
meddle
either
with
their
Persons
,
Goods
or
Servants
,
without
leave
had
,
the
contempt
of
which
has
been
punish'd
with
imprisonment
.
for
as
to
Contracts
and
Debts
that
be
good
Jure
Gentium
,
he
must
answer
here
.
XIV
.
If
an
Ambassador
commits
any
private
outrage
against
one
of
the
Princes
Subjects
,
with
whom
he
resides
,
unless
it
be
to
defend
the
Dignity
of
his
Charge
,
or
of
his
Master
,
it
has
been
conceived
by
some
not
to
be
justifiable
before
the
Prince
with
whom
he
resides
;
for
,
say
they
,
there
is
a
great
difference
between
the
Dignity
and
Authority
of
the
Prince
in
the
Countrey
of
another
Soveraign
;
for
,
say
they
,
he
may
well
retain
his
Dignity
,
but
not
his
Authority
:
usually
injuries
of
that
nature
being
done
,
they
have
admitted
debates
at
a
Councel
of
State
,
where
the
Soveraign
,
with
whom
the
Minister
of
Stare
hath
resided
being
satisfied
,
that
reparation
ought
to
be
made
to
the
party
injured
,
he
hath
been
ordered
or
at
least
requested
,
to
comply
with
the
same
.
XV.
But
on
the
other
hand
,
if
any
private
outrage
be
committed
by
the
Subjects
of
that
Prince
with
whom
he
resides
upon
his
Person
,
the
offenders
may
be
subjected
to
punishment
:
and
the
Queen
of
Sweden
having
made
the
Incomparable
Grotius
(
after
he
had
escaped
by
Providence
out
of
Prison
,
&
by
a
greater
from
his
Country-Men
)
her
Ambassador
for
that
Crown
with
Lewis
the
13th.
with
whom
he
resided
at
Paris
,
coming
one
day
Barkseate
in
memor
.
Grotii
.
from
St.
Germans
,
the
Secretary
of
Ceremonies
being
in
the
Coach
with
him
,
it
chanced
that
in
one
place
as
they
passed
,
a
great
number
of
People
were
in
the
way
seeing
of
an
execution
,
his
Postillion
and
Coach-man
driving
boldly
through
the
company
the
Archers
then
attending
the
execution
with
short
pieces
,
(
concerned
somewhat
angerly
that
the
execution
was
disturbed
)
made
after
the
Coach
,
shot
his
Postillion
and
Coach-man
,
and
through
the
Coach
,
even
through
his
hat
:
the
matter
coming
to
be
examined
,
the
King
ordered
3
or
4
of
them
to
be
hang'd
,
but
that
Good
Man
first
pardoned
them
himself
,
and
then
obtained
the
King's
.
XVI
.
The
Republique
of
Venice
imployeth
generally
more
Ambassadors
abroad
then
any
other
State
,
and
they
are
as
other
Princes
;
be
Ordinary
and
Extraordinary
;
the
Commission
of
the
Ordinary
continueth
for
3
years
,
but
he
which
resides
at
Constantinople
is
not
call'd
Ambassador
,
but
Bailio
,
residing
there
perpetually
;
and
that
Republique
allowes
him
a
greater
provision
to
support
his
Grandeur
,
then
to
any
other
,
and
by
the
Laws
of
Venice
whatsoever
he
expends
is
allowed
him
upon
his
accounts
,
without
any
examination
;
the
which
no
other
of
their
publique
Ministers
of
State
have
like
priviledge
.
By
the
Laws
of
Venice
there
can
be
no
Extraordinary
Ambassador
imploy'd
,
unless
they
have
been
Ambassadors
formerly
,
and
upon
their
return
are
strickly
examined
of
their
comportment
in
their
Legation
,
and
are
to
discover
[
](A51124-e40240-b)†
†
Bodinus
de
Repub.
l.
3.
what
Presents
they
have
received
from
the
Prince
or
State
to
whom
they
are
sent
,
the
concealment
of
which
is
of
a
dangerous
consequence
.
Nor
may
any
of
their
Ambassadors
receive
any
preferment
[
](A51124-e40260-b)*
*
Jac.
Aug.
〈◊〉
l.
27.
●…ta
Augu●…
Barbadico
〈◊〉
of
Vec
〈◊〉
.
1
86.
from
any
other
State
during
their
Legation
:
The
Patriarch
of
Aquilia
dyed
,
and
Hermolao
Barbaio
being
there
Ambassador
for
that
Republique
,
the
Pope
conferred
on
him
that
Ecclesiastical
Dignity
,
and
made
him
a
Cardinal
,
which
being
known
at
Venice
,
notwithstanding
he
was
a
Person
of
great
desert
,
and
had
given
notice
to
the
Senate
,
rich
,
well
allied
,
and
had
good
Friends
,
they
sent
express
command
that
he
should
resign
the
Patriarchship
,
otherwise
they
would
take
from
his
Father
the
Procuratorship
of
St.
Marke
,
and
confiscate
all
his
Estate
.
But
if
such
Ambassadors
have
received
any
Present
,
Guift
or
Reward
from
any
Forraign
Prince
or
Republique
,
and
such
Ministers
of
State
are
thought
worthy
of
retaining
the
same
,
such
a
grace
must
pass
by
the
suffrage
Paulus
Par●…ta
in
Hist.
Venice
lib.
7.
of
the
Senate
,
to
oblidge
them
more
to
the
benivolence
of
the
Republique
,
then
to
the
bounty
of
any
Forraign
Prince
.
CHAP.
VII
.
Of
the
Right
of
delivering
Persons
fled
for
Protection
.
-
I.
Where
Superiors
may
become
culpables
for
the
crimes
of
their
Subjects
.
-
II.
Of
punishment
,
in
whom
lodged
,
and
where
offences
to
another
Prince
seem
to
be
excepted
.
-
III.
What
is
meant
by
the
words
delivering
up
,
and
how
construed
in
divers
Countreys
.
-
VI.
To
what
crimes
it
can
extend
to
.
-
V.
Such
Persons
have
been
refused
to
be
delivered
up
,
and
on
what
reason
deny'd
.
-
VII
.
Admitting
not
compellable
,
whether
he
ought
voluntary
.
-
VIII
.
Of
Persons
running
away
with
the
Revenue
,
wheter
to
be
delivered
up
by
the
Persons
into
whose
Countrey
they
fled
.
I.
FAthers
are
not
bound
for
the
fault
of
their
Children
,
nor
Masters
for
those
of
their
Servants
;
nor
Princes
for
the
Actions
of
their
Subjects
,
unless
they
become
Zeno
interceeding
for
the
Magnets
to
T.
Quintus
,
and
the
Legates
,
with
him
besought
them
with
tears
;
ne
unius
amentiam
civitati
assignarent
,
suo
quemque
periculo
facere
.
Livy
lib.
40.
partakers
in
the
crime
;
the
which
may
be
done
in
two
respects
,
by
sufferance
and
receipt
;
therefore
if
Princes
shall
suffer
their
Subjects
by
Pictures
or
Libells
to
abuse
another
Nation
or
Common-wealth
,
it
is
the
same
as
if
they
should
authorize
it
.
Brutus
to
Cicero
,
How
can
you
make
me
guilty
?
yes
,
well
enough
,
if
it
were
in
you
to
hinder
it
;
but
receipt
may
admit
of
some
further
scrutiny
.
II.
Common-wealths
being
instituted
,
it
was
agreed
that
faults
of
particulars
,
which
do
properly
belong
to
their
own
society
,
should
be
left
to
themselves
and
their
Soveraigns
,
to
be
punish't
or
connived
at
,
as
they
judged
most
fit
.
Yet
that
Right
is
not
so
absolute
left
to
them
,
but
offences
,
which
tend
to
the
destruction
of
Society
or
Government
,
whereof
Treason
is
the
chiefest
,
may
seem
to
be
excepted
;
the
which
if
a
Subject
shall
commit
an
act
,
tending
to
the
subversion
of
his
Soveraign's
Government
,
the
same
is
an
offence
that
's
subject
to
an
unversal
puunishment
,
i.
e.
it
is
to
be
punished
every
where
,
and
the
Governours
into
whose
Territory
such
fly
,
seem
to
have
a
Right
of
prosecuting
for
the
offence
:
in
civil
actions
,
which
tend
to
Commerce
that
supports
Society
,
the
Subject
of
forraign
Subjects
having
justly
contracted
in
their
own
Countrey
,
may
obtain
justice
in
another
by
a
stronger
reason
it
is
thought
that
Princes
or
Republiques
that
have
received
publique
injuries
,
have
right
to
require
punishment
for
the
indignity
that
is
offered
them
,
at
least
for
that
which
tended
to
the
subversion
of
their
Governments
.
III.
The
question
is
illustrious
,
opinions
grounded
on
several
great
Presidents
have
been
both
waies
,
produced
,
generally
it
hath
been
held
that
those
Kingdoms
where
the
offenders
are
fled
,
ought
to
do
one
of
the
two
,
either
punish
them
according
to
their
deserts
being
called
upon
,
or
leave
them
to
the
Judgement
of
the
offended
State
,
others
the
contrary
;
most
certain
it
is
by
For
the
knowledge
of
the
cause
ought
to
proceed
the
dedition
;
non
decet
homines
dedere
causa
non
cognita
Plutarch
in
his
Romulus
.
the
delivering
up
,
is
understood
,
to
leave
him
to
the
legal
Judgement
of
that
Prince
or
State
,
whom
he
hath
offended
:
And
such
was
the
Declaration
of
Ferdinando
King
of
Spain
,
who
had
been
often
requested
by
Henry
the
Seventh
to
deliver
up
Edmund
de
la
Poole
Earl
of
Suffolke
his
Subject
,
then
fled
for
protection
to
that
Prince's
Countrey
,
but
was
alwaies
refused
;
but
being
continually
importuned
by
promises
that
he
should
not
be
put
to
death
,
caused
the
Earl
to
be
delivered
up
Attainted
by
Act
of
Parliament
12
H.
7
:
Co.
Inst.
f.
180.
to
him
,
who
kept
him
in
prison
,
and
construing
his
promise
to
be
personal
to
himself
,
commanded
his
Son
Henry
after
his
decease
to
execute
him
,
who
in
the
fifth
Year
of
his
Reign
upon
oold
blood
performed
the
same
:
But
the
malice
of
that
Politique
Prince
the
Father
,
and
5
H.
8.
vide
Lord
Herberts
Hist.
of
Henry
the
Eighth
.
Pipin
receiv'd
and
would
not
deliver
up
those
that
fled
to
him
out
of
Newstria
,
opprest
by
Tyranny
.
Frededegar
.
in
reb.
Pep
.
an
.
1188.
the
uncontroulable
Will
of
the
Son
are
Presidents
,
but
of
small
force
;
the
example
of
which
not
long
after
gave
the
French
King
occasion
to
beware
of
trusting
the
latter
with
a
Subject
of
his
on
the
like
occasion
,
for
Cardinal
Poole
not
many
Years
after
,
coming
Ambassador
from
the
Pope
to
the
French
King
,
they
both
being
then
in
amity
,
and
Henry
the
Eighth
in
League
with
the
latter
,
but
in
enmity
with
the
first
,
requested
to
have
the
Cardinal
delivered
up
,
but
could
not
prevail
,
being
doubty
armed
as
the
Ambassador
of
a
Soveraign
Prince
(
for
such
is
the
Pope
)
and
in
the
Territory
of
a
Forreign
State
.
The
Israelites
require
of
the
Benjamites
to
deliver'd
up
the
wicked
Men
,
the
Philistians
Sampson
,
Cato
gave
his
vote
that
Caesar
should
be
delivered
to
the
Germans
,
for
spoiling
them
without
just
cause
;
nor
are
nocent
Persons
injured
,
if
they
are
are
either
deliver'd
up
,
or
punished
;
yet
does
it
not
thence
follow
that
they
must
be
delivered
up
or
punished
:
the
Romans
delivered
up
those
that
had
done
violence
to
the
Cathaginian
Ambassadors
.
IV.
But
then
and
as
in
this
last
,
so
in
all
other
the
offender
must
have
committed
some
publique
offence
,
[
](A51124-e41060-b)*
*
Yet
out
of
Churches
beyond
Seas
for
private
offences
,
which
are
universal
Sanctuaries
,
the
offenders
have
been
taken
out
in
Lusitania
,
Ferdinand
Lord
Chamberlain
was
taken
by
force
out
of
the
Church
and
burnt
,
for
forcing
a
Noble
Virgin
.
Mariana
lib.
11.
Charles
Duke
of
Burgundy
delivered
up
to
Lewis
the
11th
.
the
Earl
of
St.
Paul
,
Constable
of
France
,
who
flying
to
some
of
his
own
Cities
,
obtained
Letters
of
Safe-Conduct
to
come
and
commune
with
the
Duke
,
in
order
to
the
making
his
peace
with
the
King
,
but
the
Duke
after
he
had
him
in
custody
,
delivered
him
to
the
King
of
France
,
who
immediately
after
cut
off
his
head
.
Phil.
Comines
lib.
4.
c.
12.
as
Treason
;
for
most
certain
it
extends
not
to
private
injuries
,
because
there
is
no
President
that
ever
at
a
War
was
begun
for
such
,
though
they
may
contribute
much
,
but
for
those
which
tends
to
the
subversion
or
ruine
of
a
Countrey
,
they
often
have
been
delivered
up
;
Jugurtha
of
Bocchus
in
Salust
,
So
shalt
thou
at
once
free
us
from
the
sad
necessity
of
prosecuting
thee
for
thy
error
,
and
him
for
his
treason
.
And
by
most
Writers
it
is
agreed
,
that
such
offenders
must
either
be
delivered
up
or
punisht
,
the
election
is
left
to
their
choise
,
into
whose
Territory
they
are
fled
;
though
some
have
held
,
that
in
case
of
protection
[
](A51124-e41190-b)†
†
Ludovicus
Pius
,
the
Emperor
,
received
those
that
fled
to
him
from
the
Roman
Church
,
as
appears
by
his
Decree
anno
817.
and
Luther
himself
did
not
want
Princes
to
protect
him
from
the
fury
of
St.
Peter's
Chair
.
Vide
his
Colloquiums
printed
in
London
an.
1663.
the
Sanctuary
for
such
unfortunate
Persons
,
Princes
do
make
their
Coutrey
an
Asylum
.
T.
Quintus
Flaminius
,
sent
Ambassadors
to
Prusias
King
of
Bithinia
,
for
the
procuring
the
delivering
up
the
Brave
but
unfortunate
Hannibal
,
who
accordingly
being
seized
on
,
I
will
now
,
saies
he
,
deliver
the
Romans
of
that
fear
which
hath
so
many
Years
possest
them
;
that
fear
which
make
them
impatient
to
attend
the
death
of
Livy
:
vide
Sir
Walter
Raleigh
lib.
5.
cap.
6.
〈◊〉
.
2.
an
old
Man
:
This
Victory
of
Flaminius
over
me
,
which
am
disarmed
and
betray'd
into
his
hands
,
shall
never
be
numbred
among
the
rest
of
his
Heroical
deeds
:
No
,
it
shall
make
it
manifest
to
all
the
Nations
of
the
world
,
how
far
the
antient
Roman
virtue
is
degenerate
and
corrupted
;
for
such
was
the
Nobleness
of
their
Fore-Fathers
,
as
when
Phyrrichus
envaded
them
in
Italy
,
and
was
ready
to
give
them
Battle
at
their
own
doors
,
they
gave
him
knowledge
of
the
treason
intended
against
him
,
by
Poyson
,
whereas
those
of
a
latter
race
have
imploy'd
Flamineus
,
a
Man
who
hath
heretofore
been
of
their
Consuls
to
practise
with
Prusias
,
contrary
to
the
honour
of
a
King
,
contrary
to
his
faith
given
,
and
contrary
to
the
Laws
of
Hospitality
,
to
slaughter
or
deliver
up
his
own
guest
.
V.
What
ever
the
opinion
of
those
Writers
have
been
,
the
practise
of
latter
Ages
have
seemed
to
incline
otherwise
.
Queen
Elizabeth
demanded
Morgan
and
others
of
her
Subjects
fled
into
France
,
that
had
committed
Treason
against
her
;
the
answer
of
the
French
King
was
,
Si
quid
in
Gallia
machinarentur
,
Regem
ex
jure
in
illos
animadversurum
;
sin
in
Anglia
quid
machinati
fuerint
Regem
non
posse
de
eisdem
cognoscere
,
&
ex
jure
agere
;
omnia
Regna
profugis
esse
libera
Regum
interesse
,
ut
sui
quisque
Regni
libertates
tueatur
,
imo
Elizabetham
non
ita
pridem
,
in
suum
Regnum
Mountgumerium
,
Principem
34
Elizabethae
Cambden
f.
35.
Condaeum
,
&
alios
e
Gente
Gallica
admisisse
,
&c.
and
they
were
never
delivered
up
;
but
the
like
was
not
returned
by
the
King
of
Scotland
,
for
he
promised
that
he
Vide
Cambd.
anno
1585.
would
transmit
Fernihurst
and
the
Chancellor
too
,
if
they
were
convicted
by
a
fair
Tryal
;
the
Cry
of
the
late
ROYAL
MARTYR's
Blood
justly
procured
some
of
those
Regicides
to
be
delivered
up
by
them
of
Holland
.
VI.
Most
certain
it
is
if
War
be
threatned
to
a
Nation
An.
1660.
or
People
,
if
they
deliver
not
up
the
offender
,
though
perhaps
he
is
innocent
,
and
that
such
is
the
malice
That
politik
Princes
gave
the
Scots
a
more
equitable
answer
,
when
they
demanded
Bothwell
,
she
answered
,
that
she
would
either
render
him
up
,
or
send
him
out
of
England
,
Cambden
annh
1593.
of
his
enemies
that
they
know
they
will
put
him
to
death
,
yet
he
may
be
deserted
;
especialy
if
that
Nation
or
Kingdom
is
inferior
to
the
others
;
but
then
the
same
ought
not
to
be
done
rashly
:
The
Italian
Foot
that
forsook
the
unfortunate
Pompey
,
before
all
was
lost
,
being
assured
of
Quarter
from
the
Victorious
Caesar
,
were
condemned
by
most
that
reported
the
Story
of
that
day
.
Pope
Alexander
(
in
that
mortal
Feude
becween
him
and
the
Emperor
Frederik
,
who
favoured
Octavian
the
Antipope
)
fled
disguised
to
Venice
,
the
Duke
and
Senate
being
jealous
that
the
Emperor
would
demand
him
,
sent
an
Ambassy
to
the
Emperor
to
endeavour
a
Mediation
and
Peace
,
which
was
no
sooner
offered
,
but
the
Emperor
break
forth
into
a
rage
,
bidding
them
go
home
,
saying
;
Tell
your
Prince
and
People
,
that
Frederik
the
Roman
Emperor
demands
his
Enemy
,
who
is
come
to
them
for
succour
,
whom
if
they
send
not
presently
bound
hand
and
foot
with
a
sure
Guard
,
he
will
proclaim
them
Enemies
to
him
and
the
whole
Empire
,
and
that
there
is
neitheir
Alliance
or
Law
of
Nations
which
shall
be
able
to
free
them
from
revenge
for
such
an
injury
,
to
prosecute
which
,
he
is
resolved
to
overturn
all
Divine
and
Human
Laws
,
that
he
will
suddenly
bring
his
forces
before
their
City
,
and
contrary
to
their
expectation
,
plant
his
Victorious
Eagles
on
the
Market-place
of
St.
Marke
.
This
Message
being
faithfully
delivered
,
the
Hist.
Rep.
Ven.
in
Vita
Tebastiano
Cynei
Duke
of
Venice
An.
1164.
Senate
decreed
Arms
,
Arms
;
and
while
they
were
preparing
,
news
was
brought
that
Otho
,
the
Emperor's
Son
and
General
of
the
Caesarian
Fleet
,
was
entered
the
Gulph
with
7
5Gallyes
,
the
most
valiant
and
religious
Tebastiano
Cyani
resolved
to
meet
him
,
and
having
encountred
them
on
the
Coast
of
Istria
,
defeated
Otho
and
all
his
Naval
forces
,
taking
48
Gallyes
,
Otho
their
Admiral
and
the
rest
either
burnt
or
distroyed
;
he
returned
in
Triumph
for
Venice
,
and
not
long
after
Frederik
became
converted
,
that
Heaven
fights
the
Batailles
for
the
Innocent
,
and
on
his
knees
begg'd
pardon
of
the
Pope
.
Lewis
the
11th
.
of
France
,
required
by
Ambassadors
of
Phillip
Duke
of
Burgundy
,
the
delivery
up
of
Sr.
Oliver
de
la
Marche
;
who
being
a
Burgundian
,
had
wrot
(
as
was
conceiv'd
)
somewhat
against
the
claim
of
the
French
to
several
Territories
,
upon
a
publique
audience
at
Lisle
they
were
answered
by
Duke
Phillip
,
That
Oliver
was
Steward
of
his
House
,
a
Burgundian
by
birth
,
and
in
no
respect
Subject
to
the
Crown
of
France
;
notwithstanding
Phil.
Comines
lib.
1.
cap.
1.
if
it
could
be
proved
that
he
had
said
or
done
any
thing
against
the
Kings
Honour
,
he
would
see
him
punished
according
as
his
faults
should
deserve
.
But
admitting
that
such
an
Innocent
Person
ought
not
to
be
delivered
up
,
whether
he
is
bound
to
yield
himself
,
by
some
it
is
conceiv'd
he
ought
not
,
because
the
nature
of
Civil
Societies
,
which
every
one
hath
entered
into
for
his
own
benefit
,
doth
not
require
it
,
from
which
it
follows
that
such
Persons
are
not
bound
to
that
by
right
,
properly
so
called
,
it
doth
not
follow
,
but
in
charity
he
seems
bound
to
do
it
,
for
there
be
many
offices
not
of
proper
Justice
,
but
of
love
,
which
are
not
only
performed
with
praises
,
but
also
cannot
be
omitted
without
blame
;
and
such
indeed
is
the
act
of
such
a
Persons
voluntary
yielding
up
himself
,
preferring
the
lives
of
an
Innocent
multitude
before
his
own
.
Cicero
for
Idem
de
finibus
3
Vir
bonus
&
sapiens
,
&
Legibus
parens
,
&
civilis
officii
non
ignarus
,
utilitati
omnium
plus
quam
unus
alicujus
aut
suae
consulit
.
And
in
Livy
there
is
a
most
excellent
saying
of
some
Molosians
,
Equidem
pro
Patria
qui
lethum
oppetissent
saepe
fando
audivi
:
qui
Patriam
pro
se
per●…e
aequum
censerrent
,
hi
primi
inventi
sunt
.
Livy
lib.
45.
P.
Sextus
,
If
this
had
happened
to
me
sailing
with
my
Friends
in
some
Ship
,
that
Pyrats
surrounding
us
should
threaten
to
sinck
us
,
except
they
would
deliver
me
,
I
would
rather
have
cast
my self
into
the
Sea
,
to
preserve
the
rest
,
then
to
bring
my
Friends
either
to
certain
death
,
or
into
great
danger
of
their
life
:
The
Request
of
the
Noble
Strafford
is
fresh
in
our
memories
.
VII
.
But
whether
such
an
Innocent
Person
may
be
compelled
to
do
that
which
perhaps
he
is
bound
to
do
,
may
be
a
question
;
Rich
Men
are
bound
by
the
precept
of
Mercy
to
give
alms
to
the
poor
;
yet
cannot
be
compelled
to
give
:
It
is
one
thing
when
the
parts
are
compared
among
themselves
;
another
when
Superiors
are
compared
to
their
Subjects
,
for
an
equal
cannot
compell
his
equal
:
but
unto
that
which
is
due
by
right
strickly
taken
;
yet
may
a
Superior
compell
his
Inferior
to
things
which
vertue
commands
;
in
a
famine
to
bring
out
provisions
they
have
stored
up
,
to
yield
him
[
](A51124-e42210-b)†
†
Leg.
Desert
.
to
death
that
deserts
his
Colours
,
or
turns
coward
to
mulct
those
that
wear
excessive
apparel
:
[
](A51124-e42220-b)*
*
Co.
Inst.
3.
fo.
199.
And
the
like
Plutarch
Phocion
.
Fides
agi
visa
deditos
non
prodi
.
Livy
lib.
7.
Satius
judicemus
esse
paucos
aliquos
mala
ferre
,
quam
immensa●…
multitudinem
.
Phocion
,
pointing
to
his
dear
Friend
Nicocles
,
said
,
Things
were
come
to
that
extreamity
,
that
if
Alexander
should
demand
him
,
he
should
think
he
were
to
be
delivered
up
:
It
hath
seem'd
that
such
an
Innocent
Person
might
be
deserted
and
compelled
to
do
that
which
Charity
requires
;
The
Son
of
Pompey
was
so
worthy
a
Son
of
so
great
a
Father
,
that
he
contended
with
Anthony
and
Augustus
,
about
the
Empire
of
the
World
;
this
Pompey
entertaining
Anthony
and
Augustus
in
his
Gally
;
the
Captain
which
commanded
it
,
demanded
leave
of
him
to
weigh
Ancor
and
to
carry
away
his
guests
,
and
to
make
prisoners
of
his
Rivals
:
he
answered
him
,
that
he
ought
to
have
done
it
without
telling
him
of
it
,
and
should
have
made
him
great
,
without
having
made
him
forsworn
:
certainly
,
an
honest
Person
will
never
be
of
the
mind
of
this
Captain
;
therefore
in
such
extremities
,
Councellors
either
for
high
advantages
,
or
in
the
great
necessities
of
their
Prince
,
should
serve
their
Masters
with
their
Estates
and
Goods
,
but
not
with
their
Honour
and
Conscience
.
but
the
late
ROYAL
MARTYR
seem'd
of
another
opinion
,
when
he
came
to
dye
,
in
the
case
of
the
British
Proto-martyr
Strafford
.
VIII
.
Persons
that
have
wrong'd
or
defrauded
Kings
of
their
Revenue
,
especially
in
England
,
upon
Letters
of
Request
to
those
Princes
,
whether
they
have
fled
,
have
been
delivered
up
.
Some
Florentine
Merchants
of
the
Society
of
the
Striscobaldi
,
being
made
Collectors
and
Receivers
of
the
Kings
Customs
and
Rents
in
England
,
Wales
,
Ireland
and
Gascoigne
,
running
away
with
those
Moneys
,
together
with
all
their
Estates
and
Goods
for
Rome
,
the
King
sent
his
Letters
of
Request
to
the
Pope
,
desiring
that
they
might
be
arrested
,
their
Persons
and
Goods
,
and
Rott
.
Rome
A●…
4
E.
〈◊〉
.
M.
17
▪
Dorso
.
sent
over
to
satisfy
him
the
dammages
he
and
his
Subjects
had
sustained
by
them
,
promising
not
to
proceed
against
them
to
the
loss
of
their
limbs
and
lives
.
Upon
which
Letters
the
Pope
seized
on
their
Goods
,
and
not
long
Rott
.
Rome
4
E.
2.
M.
16.
4
Dorso
.
after
the
King
Writ
for
the
seizing
of
their
Persons
,
for
answering
of
other
frauds
and
injuries
.
The
like
was
done
for
one
Anthony
Fazons
,
who
had
received
500
l.
of
this
Kings
Moneys
,
and
running
away
with
it
to
Lorraine
,
the
King
writ
to
the
same
Duke
,
Claus.
8.
E.
2.
M.
31.
Dors●…
.
pro
Rege
.
desiring
that
search
might
be
made
,
and
his
Person
seized
upon
in
every
place
within
his
Territories
,
till
he
should
satisfy
the
said
5000
pounds
.
CHAP.
XIII
.
Of
Contribution
pay'd
by
Places
Deuter
,
to
both
Armies
in
War
.
-
I.
Considerations
general
,
touching
the
same
,
and
the
chief
matters
that
are
objected
by
those
that
scruple
thereat
.
-
II
The
case
stated
generally
in
the
question
propounded
to
our
Saviour
of
paying
tribute
to
Caesar.
-
III
In
the
payment
of
Contribution
to
an
Enemy
,
what
is
necessary
to
be
distinguisht
in
the
beginning
of
a
War
.
-
IV.
Of
a
second
distinguishment
drawn
out
of
the
first
,
of
such
payments
,
when
a
War
is
actually
formed
.
-
V.
Where
a
Man
payes
,
but
mislikes
the
cause
,
whether
excusable
,
the
War
not
yet
actually
formed
in
the
place
.
-
VI.
Where
a
Country
is
fully
possest
,
whether
payment
then
is
lawful
.
-
VII
.
Of
the
State
of
those
that
live
on
Frontiers
,
their
condition
considered
as
in
reference
to
procure
their
peace
by
Contributions
.
-
VIII
.
Of
interdiction
by
him
to
places
from
whom
saith
is
owing
,
Contribution
notwithstanding
being
pay'd
,
whether
the
same
creates
an
offence
in
them
.
-
IX
.
Of
the
genuine
construction
of
such
interdictions
according
to
the
true
intention
of
the
same
.
-
X.
Of
the
impunity
and
punishment
that
such
innocent
offenders
may
be
subjected
,
in
case
of
being
questioned
for
the
contempt
by
their
right
Governours
.
I.
THe
most
excellent
Grotius
having
most
incomparably
treated
on
,
and
cleared
all
the
important
objections
against
a
just
War
,
together
with
the
incidents
of
the
same
,
yet
this
one
main
of
Contribution
or
paying
to
both
Armies
,
whether
lawfull
,
he
has
not
touched
in
any
other
words
but
these
,
Quod
sub
tributo
utrique
part●…●…raestando
factum
due
in
Belgico
,
Germanico
,
bello
nu●…●…dimus
;
estque
id
consentaneum
mori
veteri
Indorum
:
†
●…d
so
cites
a
saying
in
Diodorus
Siculus
,
*
of
the
Peace
that
those
People
maintained
in
their
possessions
by
reason
of
such
Contributions
,
but
to
many
Persons
that
instance
of
this
without
further
scrutining
,
proves
insufficient
;
for
that
there
are
many
who
not
finding
this
liberty
in
their
consciences
,
unnecessarily
choose
rather
to
give
up
their
〈◊〉
to
restraint
and
to
abandon
their
whole
means
of
subsistance
in
this
World
,
both
for
themselves
and
their
Children
,
(
which
ought
not
fondly
to
be
done
,
unless
we
would
be
worse
then
Infidels
,
as
St.
Paul
saith
)
they
ground
their
resolution
on
this
reason
,
that
they
know
not
whether
the
Moneys
they
give
may
not
furnish
to
the
destruction
of
many
Innocents
,
and
perhaps
the
just
Magistrate
;
yea
,
and
the
total
subversion
and
ru●…n
of
their
Countrey
,
Liberty
and
Religion
:
and
therefore
though
Men
give
and
bestow
what
they
please
with
their
own
,
yet
in
such
cases
they
may
not
;
therefore
it
may
not
be
impertinent
for
to
examine
whether
thes
be
necessary
scruples
in
themselves
,
and
such
as
admit
of
no
exception
of
liberty
,
or
whether
those
scruples
be
reasonable
,
or
indeed
meer
scandal
.
II.
The
Scribes
and
Pharisees
sought
two
waies
to
entrappe
Our
Saviour
;
one
was
as
if
he
had
blasphemously
taught
a
new
Religion
,
and
a
new
God
,
(
viz.
himself
)
they
hoped
the
People
would
be
provok't
to
stone
him
for
this
,
according
to
the
Hebrew
Law
:
[
](A51124-e42900-b)*
*
Deut.
13.
The
other
was
,
to
bring
him
within
the
compass
of
Treason
,
as
if
he
could
not
lead
great
Multitudes
after
him
,
without
trayterous
designs
;
but
this
gin
failed
too
,
because
the
Multitudes
which
followed
him
,
was
alwaies
ready
to
defend
him
.
However
,
when
he
was
at
Hierusalem
,
where
the
Roman
Troops
and
Praetor
were
,
they
thought
they
had
him
sure
,
by
propounding
this
subject
to
him
:
Is
it
lawfull
to
pay
Tribute
to
Caesar
?
which
was
as
much
as
to
say
,
We
,
who
are
descended
from
Abraham
,
and
are
the
peculiar
People
,
to
whom
God
hath
given
the
large
Priviledges
of
the
Earth
at
home
,
to
bath
our selves
in
Rivers
of
Milk
and
Honey
,
to
have
full
Barns
and
many
Children
;
yea
,
that
GOD
himself
will
be
adored
in
no
other
place
of
the
World
but
at
this
our
Hierusalem
,
and
that
abroad
we
should
triumph
over
the
Barbarous
and
uncircumcised
World
by
virtue
of
that
Militia
;
which
he
never
ordered
for
any
but
our selves
,
how
are
we
then
in
duty
or
conscience
to
submit
now
to
the
Ordinances
of
the
Uncircumcised
Romans
?
or
what
right
can
he
have
to
exercise
supream
Jurisdiction
over
us
,
the
priviledged
Seed
of
Abraham
,
by
levying
of
taxes
on
our
Estates
and
Lands
,
which
GOD
himself
laid
out
for
us
,
by
which
means
the
Emperor
and
Senate
hold
this
very
Temple
in
slavery
,
and
insult
over
our
very
Consciences
and
Religion
,
by
defiling
our
very
Sacrifices
with
the
mixture
of
impure
Blood
;
which
as
they
are
the
price
of
our
Blood
,
and
a
Tribute
far
above
Caesars
,
(
payable
in
no
other
place
but
this
Temple
,
which
GOD
himself
built
)
so
our
Blood
ought
not
to
seem
too
dear
to
be
sacrificed
for
the
liberty
of
these
;
and
though
the
Roman
State
could
pretend
,
yet
what
can
this
Caesar
pretend
?
every
Man's
Conscience
knows
that
it
was
but
the
other
day
he
usurpt
over
the
Senate
,
in
which
resides
the
true
Jurisdiction
of
Rome
;
and
if
that
were
otherwise
,
yet
how
can
he
pretend
to
a
Title
,
unless
poyson
be
a
pedigree
or
violent
usurpation
,
a
just
Election
,
by
which
he
who
is
but
the
greatest
Thief
in
the
World
,
would
now
pass
for
the
most
Soveraign
and
Legislative
Prince
?
How
then
are
we
in
conscience
oblidged
to
pay
Tribute
to
this
Caesar
?
Though
those
Lawyers
thought
in
their
Consciences
that
they
were
not
to
pay
it
,
and
that
Our
Saviour
likewise
,
as
Jew
,
thought
so
too
;
yet
they
supposed
he
durst
not
say
so
much
in
the
crowde
;
nor
yet
deny
it
by
shifting
it
off
with
silence
,
left
the
Roman
Officers
should
apprehend
him
:
But
when
Our
Saviour
shewed
them
Caesar's
Face
upon
the
Coyn
,
and
bad
them
Render
to
Caesar
that
which
was
Caesar's
,
and
to
GOD
that
which
was
GOD's
:
His
answer
ran
quite
otherwise
,
not
as
some
would
have
it
,
that
by
a
subtility
he
answered
not
to
the
point
proposed
,
for
then
the
sense
of
the
whole
Text
would
sound
very
ill
in
such
tearms
,
viz.
If
there
be
any
thing
due
to
Caesar
,
pay
him
it
,
and
if
any
thing
is
due
from
you
to
GOD
,
then
pay
it
likewise
.
This
had
been
a
weakening
of
GOD's
Right
for
Caesars
,
and
to
have
left
a
desperate
doubting
in
a
necessity
:
'T
is
beyond
all
cavil
that
Our
Saviour's
opinion
was
positive
for
paying
of
Tribute
to
that
Caesar
;
because
de
facto
he
did
pay
it
,
and
the
plain
reason
of
it
appears
evidently
in
Matth.
22.
20.
this
his
Answer
:
Caesar's
Face
was
upon
the
Coyn
,
that
is
to
say
,
Caesar
by
Conquest
was
in
possession
of
that
Coyn
,
by
possessing
the
place
where
he
oblidged
them
to
take
it
;
Coyning
of
Money
being
one
prerogative
of
Soveraign
Power
.
[
](A51124-e43270-b)†
†
Coke
3.
Inst.
fo.
16
,
17.
III.
But
to
come
more
close
to
the
question
whether
Contribution
may
lawfully
be
pay'd
,
perferre
&
inferre
bellum
;
the
one
is
active
,
and
properly
at
the
beginning
of
a
War
,
and
in
a
place
where
yet
no
War
is
,
and
where
its
cause
only
,
and
not
its
effects
can
be
considered
;
in
this
case
every
thing
ought
to
be
very
cleer
for
warrant
of
a
Man's
Conscience
,
because
of
the
calamities
which
he
helps
to
introduce
,
and
is
in
some
manner
the
author
of
:
the
other
is
passive
,
and
there
where
war
or
the
power
of
war
is
actually
formed
,
which
is
the
case
of
this
discourse
.
IV.
Secondly
,
we
are
to
distinguish
betwixt
that
which
cannot
be
had
,
nor
the
value
of
it
,
unless
we
actually
give
it
,
and
that
which
may
be
taken
by
the
Law
of
War
whether
we
contribute
I
or
no.
V.
Most
certain
it
is
though
a
War
be
not
yet
actually
formed
in
a
place
,
yet
a
scrupling
conscience
,
which
likes
not
the
cause
,
may
be
excused
in
contributing
to
it
in
this
one
case
,
viz.
if
some
number
of
Men
able
to
take
what
they
ask
,
demand
(
with
an
armed
power
)
the
payment
of
a
certain
some
to
be
imployed
in
War
,
then
in
such
a
case
,
Man
,
whom
we
suppose
,
may
pay
it
as
a
ransome
for
his
life
,
or
give
it
as
a
Man
doth
Procopius
in
the
third
of
Gott●…
.
of
Totilas
,
when
he
beseiged
Rome
,
saith
,
Agricolis
interim
per
omnem
Italiam
nihil
mali
intulit
,
sed
jussit
eos
ita
,
ut
soliti
erant
terram
perpetuo
,
securos
colere
,
modo
ut
ipsum
Tributa
perferent
:
This
,
saith
Cassiodore
,
is
the
greatest
praise
,
12.
15.
his
purse
,
when
he
is
surprised
[
](A51124-e43410-b)*
*
4
H.
4.
2.
in
the
High-way
;
because
to
this
Man
it
is
as
much
as
if
the
whole
Countrey
were
possest
with
an
armed
power
:
So
several
Dutchies
and
Segniories
dependant
on
the
Empire
,
do
in
the
present
War
between
them
and
the
Crown
of
France
,
pay
Contribution
at
this
day
.
But
if
the
Person
or
Country
be
not
for
the
time
in
the
full
possession
of
him
,
whose
cause
he
scruples
at
,
and
that
he
or
they
have
not
a
probable
fear
of
extream
danger
,
nor
as
probable
assurance
that
without
his
help
,
the
thing
demanded
nor
its
value
can
be
taken
from
him
or
them
;
then
there
's
little
excuse
remains
for
the
act
,
because
the
very
act
(
which
his
conscience
dislikes
)
participates
more
of
action
then
of
passion
.
VI.
But
where
a
Man
or
City
is
fully
possest
by
an
invading
power
(
be
the
same
just
or
unjust
)
from
whom
he
or
they
cannot
fly
,
nor
remove
their
substance
;
most
certain
the
payment
of
Contribution
is
no
gift
,
no
more
then
he
,
(
as
above
)
who
with
his
own
hands
being
set
upon
by
Pyrats
or
Robbers
,
puts
his
purse
into
their
hands
;
for
the
Law
calls
not
that
a
gift
[
](A51124-e43480-b)†
†
44
E.
3.
14
:
H.
4.
3.
〈◊〉
3.
Inst.
f.
68.
nor
excuses
the
party
from
taking
it
:
And
though
the
parties
may
imploy
the
same
to
the
destruction
perhaps
of
Innocents
,
and
the
like
;
yet
that
is
an
action
out
of
their
power
,
that
give
as
far
as
winds
and
tempests
are
,
to
which
two
,
as
we
contribute
nothing
,
so
we
cannot
be
scrupulous
in
our
●…iences
concerning
their
bad
effects
;
nor
is
the
same
●…ut
to
the
Canon
Law*
,
(
which
teaches
us
hu●…
,
and
the
imitation
of
all
their
vertues
,
)
and
●…fore
persons
,
whose
lives
are
innocent
and
harmless
,
will
not
have
subjected
to
danger
or
plunder
,
which
hardly
can
be
avoided
without
Contribution
or
Tribute
.
VII
.
Again
,
those
that
live
on
Frontiers
,
whose
condition
are
more
ticklish
and
deplorable
,
because
they
are
not
fully
possest
nor
taken
into
the
line
of
either
party
these
live
as
it
were
in
the
Suburbs
of
a
Kingdom
,
and
enjoy
not
the
security
or
priviledges
of
others
,
yet
such
Persons
may
lawfully
contribute
to
both
,
for
though
they
be
but
partly
possest
by
one
,
and
by
the
other
,
in
respect
of
their
suddain
abandoning
them
,
yet
both
parties
have
the
power
of
destroying
them
wholly
,
wherefore
those
former
reasons
which
justify
those
fully
possest
,
do
also
acquit
the
payments
of
those
,
for
their
conditions
here
is
more
calamitous
,
seeing
they
are
really
but
tenants
at
will
,
exposed
to
a
perpetuall
alarm
,
and
that
both
parties
wound
one
the
other
,
only
through
their
sides
,
as
those
this
day
that
are
scituate
between
France
and
Germany
,
for
being
perhaps
Neuters
in
the
War
,
they
are
in
that
case
by
the
Law
of
Arms
to
shew
themselves
equall
to
both
,
[
](A51124-e43560-b)†
†
Exemplum
nobile
vide
apud
Pautam
lib.
8.
Grotius
lib.
3.
cap.
17.
in
permitting
of
passage
,
in
affording
provisions
for
the
Armies
,
in
not
releiving
the
beseiged
.
VIII
.
Nor
can
the
interdiction
of
him
,
to
whom
such
ow
faith
and
obedience
any
waies
create
the
same
an
offence
,
since
the
declared
wills
of
our
Governors
cannot
make
all
those
of
our
acts
sins
,
when
we
obey
or
submit
to
that
power
,
which
is
against
our
wills
,
(
as
much
as
against
theirs
,
and
it
may
be
with
more
of
our
misery
)
hath
divested
them
of
the
power
of
their
rights
,
and
deprived
us
of
the
power
of
their
Government
;
and
by
the
Laws
of
War
,
they
who
have
overcome
,
should
Govern
those
whom
they
have
overcome
;
and
therefore
whatsoever
is
exacted
by
the
Conquerors
,
may
justly
be
pay'd
by
the
Conquered
.
[
](A51124-e43580-b)*
*
Grotius
de●…
Jure
Be●…i
ac
Pacis
l.
3
c.
8.
And
since
Princes
by
their
commands
cannot
change
the
nature
of
humane
condition
,
which
is
subject
naturally
to
those
fore-mentioned
changes
;
it
would
seem
exceeding
hard
to
oblidge
us
to
almost
morall
impossibilities
,
and
though
those
politicall
commands
were
as
Laws
,
yet
doubtless
they
ought
not
to
be
oblidging
;
but
according
to
the
Legislative
rule
,
which
is
cum
sensu
Jure
hoc
evenit
ut
quod
quisque
ob
tutelam
corporis
sui
,
〈◊〉
fecisse
existimur
.
humanae
imbecillitatis
,
this
is
that
which
usually
is
call'd
the
presumptious
will
[
](A51124-e43630-b)†
†
Leg.
ut
vim.
D.
de
just.
&
jur.
of
a
Governor
,
or
the
mind
of
a
Law
:
for
in
extream
necessity
it
is
to
be
presumed
that
both
their
wills
proceed
from
the
rigour
of
what
they
have
declared
,
rather
then
by
holding
to
that
which
is
their
supposed
right
,
introduce
certain
miseries
and
confusion
:
without
receiving
any
benefit
thereby
to
themselves
.
Nor
could
they
of
Utrick
,
and
others
of
the
Conquered
Cities
in
Holland
,
abandoned
afterwards
by
the
French
,
entirely
preserved
from
destruction
,
be
condemned
by
their
Confederates
,
for
the
sums
by
them
promised
to
the
Enemy
for
the
preservation
of
the
same
.
Neither
are
such
Commands
or
Interdictions
without
their
sense
and
profit
,
though
they
be
not
positively
obeyed
,
[
](A51124-e43700-b)*
*
And
that
is
apparently
evinced
,
by
the
Laws
of
Leagues
;
for
such
being
made
,
the
same
remains
although
the
same
King
,
or
his
successor
be
driven
out
of
his
Kingdom
,
for
the
right
of
the
Kingdom
remains
although
he
hath
lost
the
possession
.
Grot.
de
Jure
Belli
ac
Pac●…s
l.
2.
c.
17.
§.
19.
for
thereby
Governors
shew
to
all
the
world
,
that
they
renounce
no
part
of
their
right
,
no
,
though
it
be
there
where
they
cannot
exercise
any
part
of
their
just
power
.
IX
.
Now
the
true
intentions
of
such
Commands
or
Interdictions
is
,
that
the
Enemy
should
not
by
any
means
be
assisted
or
strengthned
;
but
if
such
prohibitions
should
be
obeyed
;
nay
at
such
a
time
,
when
they
and
all
their
substance
are
absolutely
possest
by
the
Enemy
;
most
certain
such
commands
dash
against
themselves
,
and
the
one
countermands
the
other
;
for
if
they
refuse
to
submit
in
such
a
case
,
then
they
do
that
which
advantages
their
Enemies
:
Because
at
that
time
they
will
take
all
,
whereas
in
case
of
submission
they
ask
but
a
part
.
X.
In
all
Wars
there
are
alwaies
some
,
by
whose
dissassections
,
Enemies
gain
more
then
by
their
complyance
,
just
as
Physitians
do
by
distempers
.
And
although
,
by
after
variety
of
successes
,
the
just
Governor
should
recover
that
place
,
which
so
submitted
to
the
power
of
their
Enemies
,
and
for
that
reason
should
punish
those
that
were
plyable
to
extream
necessity
;
yet
it
follows
not
upon
that
,
that
they
who
so
conformed
,
sinned
,
or
did
that
which
was
absolutely
unlawfull
;
for
we
well
know
that
reason
of
State
oft
calls
for
Sacrifices
,
where
there
is
no
fault
to
expiate
:
Ostrocisme
and
Jealousy
make
away
those
,
who
are
known
In
Reipublicam
idem
est
nimium
,
&
nihil
mereri
.
to
deserve
most
,
but
in
strickt
right
(
which
is
the
term
of
this
question
)
the
just
governour
ought
to
look
upon
them
as
more
unfortunate
then
faulty
.
CHAP.
XIV
.
Of
the
Naval
Military
part
.
-
I.
The
advantage
that
Princes
have
by
a
good
Commander
.
-
II.
The
love
that
naturally
proceeds
from
the
Mariners
to
those
that
are
valiant
and
generous
.
-
III.
Princes
in
prudence
ought
not
to
listen
too
much
to
the
complaint
against
Commanders
.
-
IV.
Of
the
faults
generally
considered
in
Soldiers
and
Mariners
.
-
V.
Of
the
punishments
that
generally
wait
on
such
offenders
:
-
VI.
Of
Drunkeness
,
Swearing
,
and
other
such
sort
of
impieties
,
not
to
be
suffered
in
Fleets
.
-
VII
.
Spies
,
if
lawfull
to
use
them
by
the
Laws
of
Nations
,
but
being
deprehended
are
to
suffer
death
;
and
how
they
are
to
be
dealt
withall
by
the
Laws
of
England
.
-
VIII
.
It
is
not
lawfull
for
a
Friend
or
Neuter
to
relieve
an
Enemy
,
and
Persons
so
offending
,
how
punisht
.
-
IX
.
Ships
taken
as
prize
,
the
Ship
papers
and
other
matters
concerning
the
same
,
are
to
be
preserved
.
-
X.
Of
things
taken
and
acquired
in
War
,
how
the
right
of
them
becomes
vested
in
the
Captors
,
and
how
that
is
to
be
understood
by
the
Law
of
Arms.
-
XI
.
To
steal
the
Cables
or
other
furniture
of
the
King
of
England's
Ships
,
how
punishable
at
this
day
.
-
XII
.
Ships
surrendred
and
voluntarily
surrendred
,
how
to
be
dealt
with
,
and
whether
those
that
shall
resist
it
,
if
entered
by
force
,
whether
quarter
may
be
refused
.
-
XIII
.
Ships
of
War
generally
ought
not
to
be
yielded
,
but
if
entered
or
disabled
,
whether
they
may
not
accept
of
a
quarter
,
standing
with
the
Oath
called
Sacramentum
Militare
.
-
XIV
.
Of
obeying
Orders
,
the
same
ought
to
be
punctually
to
be
follow'd
;
and
if
broken
,
though
the
Act
succeeds
well
,
whether
the
same
subjects
not
the
actor
to
punishment
.
-
XV.
of
the
obligation
incumbent
on
Commanders
and
Souldiers
to
behave
themselves
valiantly
,
and
the
right
of
slaying
an
Enemy
,
where
lawfull
.
-
XVI
.
Ships
how
oblidged
by
the
Law
of
Arms
for
the
assistance
of
one
another
,
and
of
the
duty
of
those
that
have
Fleets
under
their
Convoy
.
-
XVII
.
An
Enemy
beaten
ought
to
be
pursued
,
and
how
far
it
is
lawfull
to
slay
such
flying
with
their
lives
in
their
hands
by
the
Laws
of
Arms
,
and
how
the
reeking
sword
ought
to
be
governed
.
-
XVIII
.
Persons
exempted
from
the
sword
,
by
the
Laws
of
Nature
,
Nations
,
Civil
and
Canon
,
and
by
the
Municipall
Laws
of
some
Countries
.
-
XIX
.
Mutining
how
esteemed
,
valued
and
punished
at
this
day
by
the
practise
of
Armies
,
and
by
the
Laws
of
England
.
-
XX.
Whether
it
be
lawfull
to
decoy
the
Subjects
Souldiers
,
or
Mariners
of
an
Enemy
,
to
forsake
his
Prince
or
General
,
and
to
bring
over
his
Men
,
Ships
,
or
Arms
,
and
where
by
Law
they
may
be
received
;
and
how
such
deserters
may
be
punished
by
the
Laws
of
Nations
,
and
of
England
.
-
XXI
.
Of
Seducers
,
Message
Carriers
and
Decoyers
of
Souldiers
,
how
to
be
handled
by
the
Law
of
Arm.
-
XXII
.
Of
those
that
shall
disobey
or
strike
their
superiour
Officers
,
how
punishable
.
-
XXIII
.
Of
mutening
,
and
those
that
shall
act
in
the
same
how
punished
,
though
they
have
a
just
cause
of
complaint
:
-
XXIV
.
Of
the
care
incumbent
on
Commanders
and
Masters
of
the
Great
Ships
,
as
in
reference
to
their
safety
,
and
the
punishment
of
wilfull
burning
and
destroying
them
.
-
XXV
.
Of
the
general
offences
at
Sea
,
how
punished
.
-
XXVI
.
Court
Martials
how
erected
,
and
what
operation
their
Judgements
have
,
and
upon
whom
.
-
XXVII
.
Judges
,
and
Advocates
,
Power
as
in
reference
to
give
an
Oath
,
and
the
Admiral's
power
how
limited
to
the
punishing
of
offences
.
-
XXVIII
.
Of
maimed
Souldiers
and
Mariners
,
and
the
provisions
that
the
Law
makes
for
them
at
this
day
.
-
XXIX
.
Of
Triumphs
.
I.
AN
Excellent
Generall
is
an
evidence
of
the
Fortune
of
a
Prince
,
and
the
Instrument
that
occasions
the
happiness
of
a
Kingdom
;
and
therefore
when
GOD
makes
choise
of
a
Person
to
repair
the
disorders
of
the
World
,
or
the
good
of
a
particular
State
,
then
is
his
care
shewed
in
the
furnishing
him
with
necessary
Principalls
to
undertake
great
matters
;
the
thoughts
are
put
in
his
Soul
by
that
eternall
Commander
to
execute
,
he
troubles
and
confounds
his
Enemies
,
and
leads
him
as
by
the
hand
●…o
Victories
and
Triumphs
:
And
one
of
the
greatest
expedients
whereof
he
serves
himself
for
this
purpose
,
is
to
raise
unto
him
excellent
Men
,
both
in
Courage
and
Conduct
,
to
whom
he
communicates
his
care
,
and
who
help
him
to
bear
the
weight
of
Affairs
.
Alexander
had
never
conquered
Asia
,
or
made
the
Indies
to
tremble
,
but
for
Ephestion
,
Parmenio
and
Clytus
;
Caesar
gained
many
a
Bataill
by
his
Lievtenants
,
and
the
fairest
Empire
of
the
World
,
which
ambition
and
evil
of
the
times
had
divided
into
3
parts
,
was
reduced
under
the
Dominion
of
Augustus
,
by
the
valour
of
Agrippa
;
Justinian
triumphed
over
Persia
,
and
destroyed
the
Vandalls
in
Affrica
;
and
the
Goths
in
Italy
,
by
the
aid
of
Bellisarus
and
Narcete
:
And
it
is
most
certain
,
that
Noble
Commanders
are
the
Glory
of
their
Princes
,
and
happiness
of
the
People
;
on
the
other
hand
,
base
cowardly
and
treacherous
Generals
,
are
the
shame
of
the
one
,
and
the
dispair
of
the
other
.
II.
Hence
it
is
that
Souldiers
and
Mariners
draw
their
lines
,
either
of
love
even
to
the
mouth
of
Canons
with
a
good
Generall
,
or
mutiny
and
hate
to
the
main
yard
end
against
one
that
is
bad
,
for
to
obey
them
who
are
not
their
Soveraigns
when
they
do
them
hurt
,
when
they
insult
and
are
cruell
in
cold
blood
,
and
base
,
cowardly
,
or
treacherous
in
Bataill
,
is
a
sad
necessity
for
them
,
and
a
hard
essay
of
patience
;
yet
must
they
be
obeyed
,
and
the
Souldiers
and
Mariners
must
not
rebell
or
repine
,
but
submit
till
the
Soveraign
redresses
the
misfortunes
.
III.
Again
,
Princes
ought
not
to
listen
too
much
to
the
mutinous
demands
of
the
Crew
,
or
any
others
,
whose
ambition
watches
their
ruin
,
whereby
to
conceive
anger
against
this
Commanders
;
for
it
is
easier
to
purge
out
the
choler
and
discontent
that
is
got
under
the
hatches
,
then
to
provide
Commanders
of
Conduct
,
Courage
and
Faithfulness
to
govern
their
Expeditions
.
Bellisarius
,
that
most
excellent
Commander
,
who
had
no
other
crime
then
his
Reputation
,
and
was
not
culpable
,
but
that
he
was
powerfull
,
having
conquered
Persia
,
subdued
Africa
,
humbled
the
Goths
in
Italy
,
lead
Kings
in
Triumph
,
and
made
appear
to
Constantinople
somewhat
of
Old
Rome
,
an
Idea
of
the
Antient
Spendor
of
that
proud
Reipublique
;
Procopius
Hist.
Vandall
,
in
Vita
Bellis
.
after
all
his
Eminent
Services
,
this
Great
Person
is
abandoned
to
Envy
,
a
suspition
ill
grounded
distroys
the
value
of
so
many
Services
,
and
a
simple
jealousy
of
State
wipes
them
out
of
the
memory
of
his
Prince
:
but
he
rests
not
there
,
for
the
demeanor
had
been
too
gentle
,
if
cruelty
had
not
been
added
to
ingratitude
;
they
deprive
Vide
Sir
Walter
Raleigh
l.
5.
c.
6.
§.
2.
And
in
that
whole
Paragr.
the
ingratitude
that
hath
been
shown
by
Princes
to
many
a
Brave
and
Noble
General
&
Commander
,
there
particularly
enumerated
.
him
of
all
his
Honours
,
they
rob
him
of
all
his
Fortune
,
they
take
from
him
the
use
of
the
Day
and
Light
,
they
put
out
his
Eyes
,
and
reduce
him
to
the
company
of
Rogues
,
and
the
miserable
Bellisarius
demands
a
charity
,
even
that
Bellisarius
the
Chiefest
General
of
his
Age
,
and
the
Greatest
Ornament
of
the
Empire
,
who
after
so
many
Victories
and
Conquests
,
accompanied
with
so
high
and
cleer
a
Virtue
,
and
in
the
midst
of
Christendom
,
reduced
to
so
abject
and
low
a
misery
.
Nor
was
this
cruel
and
hasty
reckoning
of
Justinian
let
slip
,
without
a
cruel
payment
,
for
Narces
,
who
was
as
well
a
Successor
in
merit
as
in
Authority
to
Bellisarius
,
who
having
notice
of
a
disdain
,
conceived
likewise
against
him
upon
a
single
complaint
resolved
not
to
expose
himself
as
a
Sacrifice
to
their
malice
;
and
therefore
better
to
shake
off
the
yoak
then
stay
to
be
oppressed
,
soon
spoiled
the
affairs
of
Justinian
,
for
the
Goths
revolted
,
and
Fortune
would
not
forbear
to
be
of
the
party
,
which
Narces
Follow'd
,
nor
to
find
the
Barbarian
,
where
so
Brave
a
Captain
was
engaged
.
Therefore
,
not
one
or
many
faults
are
to
be
listened
to
against
Commanders
,
but
patiently
heard
and
redressed
,
but
not
to
disgrace
or
loose
them
;
for
such
having
committed
a
fault
,
yet
being
admonished
by
love
,
may
endeavour
by
future
Services
to
make
recompence
by
some
Noble
Exploit
;
but
disgraced
,
become
Instruments
often
of
danger
and
ruin
to
their
Superiors
.
IV.
Souldiers
and
Mariners
faults
are
either
proper
to
themselves
,
or
common
with
others
.
Those
are
common
with
others
,
which
other
Men
fall
into
,
and
are
corrected
with
like
ordinary
proceeding
as
other
crimes
of
like
nature
,
as
Man-slaughter
,
Theft
,
Adultery
,
and
such
like
.
Those
are
proper
,
which
do
properly
appertain
to
the
Naval
Military
part
,
and
are
punished
by
some
unusuall
or
extraordinary
punishment
:
As
are
these
,
not
to
appear
at
the
over
musters
or
calling
over
the
Ship
,
to
serve
under
him
,
he
ought
not
to
serve
,
to
vage
or
wander
long
from
a
Ship-board
,
although
he
return
of
his
own
accord
,
to
forsake
his
Fleet
,
Squadron
,
Ship
,
Captain
,
Commander
,
or
Officer
,
to
leave
his
standing
to
fly
over
to
the
Enemy
,
to
betray
the
Fleet
,
Squadron
or
Ship
,
to
be
disobedient
to
superior
Affairs
,
to
loose
or
sell
his
Arms
,
or
steal
another
Man's
,
De
Castrensi
peculio
,
&
C.
demit
.
l.
12.
C.
de
errogatione
●…ilitaris
an●…onae
,
&
C.
de
●…est
.
Militari
.
to
be
negligent
in
his
Officer's
command
or
in
his
watch
,
to
make
a
mutiny
,
to
fly
first
out
of
the
Battle
,
and
the
like
,
which
are
very
frequently
set
forth
in
the
Titles
of
the
Digest
and
Code
of
Military
affairs
,
and
other
like
Titles
,
which
accompany
them
.
Arrian
,
who
wrote
the
Life
of
Alexander
the
Great
,
observes
,
Every
thing
is
counted
an
offence
in
a
Souldier
,
which
is
done
contrary
to
the
common
Discipline
,
as
to
be
negligent
,
to
be
stubborn
,
to
be
slothfull
.
V.
The
punishment
wherewith
Souldiers
and
Mariners
are
corrected
,
are
those
corporall
punishments
,
or
a
pecuniary
mulct
or
injunction
of
some
service
to
be
done
,
or
a
motion
or
removing
out
of
their
Places
,
and
sending
away
with
shame
.
By
Capital
punishment
,
is
understood
for
the
most
part
death
,
or
at
least
beating
with
Cat
with
nine
tayls
,
as
they
commonly
term
it
,
Ducking
,
Wooden-horse
,
Gauntlet
,
and
such
like
,
unless
happily
it
be
pardoned
,
either
for
the
unskilfulness
of
the
Mariner
or
Souldier
,
or
the
mutiny
of
the
Crew
or
Company
,
being
thereto
drawn
by
Wine
,
Wantonness
,
or
for
the
commiseration
or
pitty
of
the
Wife
and
Children
,
of
the
party
offending
;
all
which
is
left
to
the
discretion
of
the
Lord
Admiral
and
others
the
Supream
Commanders
,
or
Captains
.
VI.
It
is
necessary
that
in
Armies
and
Fleets
all
manner
of
impiety
should
be
prohibited
,
especially
that
of
Swearing
and
Cursing
;
for
such
are
sins
so
foolish
,
that
they
unawares
help
Men
into
damnation
,
rendering
Men
worse
then
beasts
;
by
how
much
the
more
they
court
that
vanity
of
sin
without
any
of
the
appendant
allurements
;
which
other
vitious
actions
are
accompanied
with
;
the
same
in
the
end
teaching
Men
to
disavow
GOD
in
their
Discourse
and
actions
,
by
their
intemperate
and
inconsiderate
invoking
him
in
their
Oaths
:
Against
such
,
as
also
against
those
that
shall
give
themselves
13
Car.
2.
cap.
9.
Artic.
2.
up
to
Cursing
,
Execrations
,
Drunkenness
,
Uncleanness
,
or
other
scandalous
actions
in
derogation
of
God's
Honour
,
and
corruption
of
good
manners
,
fynes
and
Imprisonment
or
such
other
punishment
may
be
inflicted
on
them
,
by
a
Court
Marshall
,
[
](A51124-e45010-b)*
*
By
Orders
of
His
Royall
Highness
.
which
is
now
reduced
to
the
forfeiture
of
one
day's
pay
;
but
for
drunkenness
,
the
same
extends
not
to
Commanders
,
or
other
Commission
and
Warrant-Officers
;
for
they
upon
conviction
before
the
Admiral
shall
be
rendred
uncapable
of
their
Command
.
And
a
Lyar
convicted
a
Ship-board
,
shall
be
hoisted
upon
the
main-stay
with
4
Braces
,
having
a
Broom
and
Artic.
1.
Shovel
tyed
to
his
back
,
where
he
shall
continue
an
hour
,
every
Man
crying
,
A
lyar
,
a
lyar
,
and
a
week
following
he
shall
clean
the
Ship
's
head
and
sides
without
board
,
according
to
the
antient
practise
of
the
Navy
,
if
he
receives
Artic.
3.
greater
Wages
then
for
an
able
Sea-Men
,
then
half
a
day's
pay
.
VI.
By
the
Laws
of
Nations
,
Spies
may
be
sent
to
survey
Livy
lib.
2.
cap.
§.
ult.
ad
Leg.
Corn.
de
●…icariis
pun
.
the
Enemy's
Force
,
Fleet
,
Station
or
Squadron
,
and
make
discovery
of
whatsoever
may
give
advantage
to
the
Persons
sending
:
So
Moses
and
Joshua
did
into
the
Holy
Land
;
on
the
other
hand
being
deprehended
,
they
are
to
be
put
to
death
,
as
Apian
saith
;
and
by
the
Laws
of
England
,
if
any
Officer
,
Souldier
or
Mariner
,
in
actual
Service
,
and
in
pay
in
his
Majesties
Fleet
,
or
any
other
Person
in
the
same
,
shall
give
,
hold
,
or
entertain
any
intelligence
to
or
with
any
King
,
Prince
or
State
,
being
enemy
to
,
or
any
Person
in
Rebellion
against
his
Stat.
13.
Car.
2.
cap.
9.
Art.
3.
Majesties
his
Heirs
and
Successors
,
without
leave
or
authority
from
the
King
,
Admiral
,
Vice-Admiral
,
or
Officers
in
chief
of
any
Squadron
,
they
are
to
suffer
death
:
Now
,
the
bare
receipt
of
a
Letter
or
Message
from
an
Enemy
,
will
not
make
a
Man
subject
to
the
penalty
of
this
Article
;
and
therefore
the
subsequent
Article
explains
the
precedent
,
in
which
it
is
provided
,
that
if
any
inferiour
Officer
,
Mariner
,
or
Souldier
shall
receive
any
Letter
or
Message
from
any
King
,
Forreign
Prince
,
State
,
or
Potentate
,
being
an
Enemy
,
or
on
their
behalf
,
and
if
such
Person
does
not
reveal
the
same
within
12
hours
,
having
opportunity
so
to
do
,
and
acquaint
the
Superior
Commander
with
it
,
such
Person
is
to
suffer
death
;
so
likewise
,
if
such
Superior
Officer
,
or
Mariner
being
acquainted
therewith
by
an
inferior
Officer
,
Mariner
or
other
,
such
Superiour
Officero
,
Cmmander
or
Mariner
,
in
his
own
Artic.
4.
Person
,
receiving
a
Letter
or
Message
from
any
such
Enemy
or
Rebell
,
and
shall
not
in
convenient
time
reveal
the
same
to
the
Admiral
,
Vice-Admiral
or
Commander
of
the
Squadron
,
shall
suffer
the
like
pain
of
death
,
or
such
punishment
as
a
Court
Marshal
shall
inflict
:
Now
,
Spies
are
put
to
death
sometimes
justly
by
those
that
manifestly
have
a
just
cause
of
Warring
by
others
,
by
that
licence
which
the
Law
of
War
granteth
;
nor
ought
any
Person
to
be
moved
with
this
,
that
such
being
taken
,
are
punished
with
death
;
for
that
proceeds
not
from
their
having
offended
against
the
Law
of
Nations
,
but
from
this
,
that
by
the
same
Law
every
thing
is
Ad
Leg.
Corn.
de
siartis
pun
.
lawfull
against
an
Enemy
:
And
every
one
as
it
is
for
his
own
profit
,
determineth
either
more
rigourously
or
gently
,
but
that
Spies
are
both
lawfull
and
practable
,
there
is
no
question
;
for
at
this
day
by
the
generall
instructions
of
Fleets
,
there
is
alwaies
out
of
each
Squadron
Tacit
Hist.
5.
some
Frigots
or
Ships
appointed
,
to
make
discovery
of
the
Enemy
,
and
upon
sight
to
make
saile
,
and
to
stand
with
them
;
in
order
to
the
taking
cognizance
of
their
Force
,
as
well
Ships
of
War
as
Fire-Ships
,
and
in
what
posture
they
lay
;
which
being
done
,
those
detecting
Frigots
are
to
speak
together
,
and
to
conclude
on
the
report
they
are
to
give
,
which
done
,
they
return
to
their
respective
Squadrons
;
such
Ships
in
such
service
are
not
oblidged
to
fight
,
especially
if
the
Enemies
Force
exceed
them
in
number
,
or
that
they
shall
have
an
apparent
advantage
.
VIII
.
Again
,
it
is
not
lawfull
for
any
,
be
he
friend
or
neuter
,
to
relieve
an
Enemy
,
much
less
for
a
Souldier
Bartol.
Leg.
nullus
.
Leg.
2.
de
Judaeis
Caelicolis
.
or
Mariner
in
pay
,
to
supply
him
that
conspires
the
destruction
of
my
Countrey
,
is
a
liberality
not
to
be
allowed
of
,
he
is
to
be
accounted
an
Enemy
that
supplies
the
Enemy
with
necessaries
for
the
War
;
and
therefore
by
Procopius
Goth.
1.
the
Laws
of
War
is
so
to
be
esteemed
;
and
by
the
Laws
of
England
,
if
any
Person
in
the
Fleet
relieve
an
Enemy
or
Rebell
in
time
of
War
,
with
Money
,
Victuals
,
Powder
,
Stat.
13
:
Car
2.
cap.
9.
art.
5.
shot
,
Armes
,
Amunition
or
any
other
supplies
whatsoever
,
directly
or
indirectly
,
shall
suffer
death
.
IX
.
Ships
being
assaulted
and
taken
as
prize
,
all
the
Papers
,
Charter-parties
,
Bills
of
lading
,
Pass-ports
and
other
Writings
whatsoever
that
shall
be
taken
,
seized
or
found
aboard
,
are
to
be
duely
preserved
,
and
not
torn
or
made
away
;
but
the
very
Originalls
are
to
be
sent
up
entirely
and
without
fraude
to
the
Court
of
Admiralty
,
Artic.
6.
or
to
the
Commander
appointed
for
that
purpose
,
in
order
to
the
condemnation
of
the
Prize
,
upon
pain
of
the
Captors
loosing
their
share
in
the
Prize
,
and
also
subject
to
such
other
punishment
as
a
Court
Marshall
shall
think
fit
.
X.
The
Right
of
taking
of
spoil
was
approved
of
GOD
,
within
these
naturall
bounds
which
have
been
already
mentioned
,
is
further
evinc't
by
the
appointment
that
GOD
in
his
Law
concerning
the
Acquisition
of
Empire
over
the
conquered
,
after
refusal
of
peace
,
All
the
spoil
thereof
shalt
thou
take
unto
thy self
,
and
thou
shalt
eat
the
spoil
of
thine
enemies
,
which
the
LORD
thy
GOD
hath
given
thee
:
Hence
it
is
,
that
things
taken
from
the
Enemy
,
presently
become
theirs
that
take
them
by
the
Law
of
Nations
,
and
such
acquisition
is
called
Natural
,
for
not
any
cause
,
but
the
naked
fact
is
considered
:
And
thence
a
Right
springeth
;
for
as
the
Dominion
of
things
began
from
Natural
possession
and
some
print
of
the
same
remains
in
the
things
taken
in
the
Leg.
Naturalem
§.
ult.
D.
de
Atq.
rerum
Dom.
tit
.
de
rerum
div
.
Land
,
the
Sea
,
and
the
Air
;
so
likewise
of
things
taken
in
War
;
but
though
this
gives
a
Right
to
the
Captors
,
yet
that
must
be
understood
to
the
Soveraign
or
to
the
State
that
imploy'd
them
,
and
not
to
themselves
;
but
if
they
have
any
share
of
the
Prize
,
the
same
proceeds
by
the
condiscention
or
grant
of
the
Soveraign
,
which
may
be
enlarged
or
abridged
as
occasion
serves
;
and
therefore
by
the
Laws
of
England
,
Ships
of
War
having
a
Prize
,
the
goods
and
all
manner
of
lading
is
to
be
preserved
,
till
adjudication
shall
pass
;
but
that
is
to
be
understood
,
where
the
Ship
voluntarily
yields
:
but
Ships
whom
they
shall
assault
,
and
take
in
fight
or
prize
,
the
pillage
of
all
manner
of
Goods
and
Merchandizes
(
other
then
Arms
,
Ammunition
,
Tackle
,
Furnitures
or
stores
of
such
Ships
)
as
shall
be
found
by
the
Captors
,
upon
or
above
the
Gun-deck
of
the
Ship
,
become
theirs
[
](A51124-e45430-b)*
*
By
the
donation
of
His
Majesty
.
;
but
Artic.
7.
this
is
to
be
understood
where
such
Prize
may
lawfully
be
possest
;
for
there
are
times
when
such
are
not
to
be
meddled
with
,
and
therefore
it
is
against
the
rules
of
War
in
fight
,
if
some
of
the
Enemies
Ships
are
there
disabled
;
yet
those
Ships
that
did
so
disable
them
,
if
they
are
in
a
condition
to
pursue
the
Enemy
,
cannot
during
the
fight
take
,
possess
,
or
burn
such
disabled
Ships
,
and
the
reason
is
,
least
by
so
doing
some
more
important
service
be
lost
,
but
they
are
to
wait
for
such
booty
,
till
the
Flagg-Officers
shall
give
command
for
the
same
.
Artis
.
8.
Vluzzali
,
King
of
Algier
,
in
the
famous
Bataill
of
Lepanto
,
having
behaved
himself
very
valiantly
there
against
the
Christians
,
that
he
destroy'd
severall
of
their
Galleys
,
and
others
,
he
took
amongst
the
rest
the
Galleys
of
Pietro
Bua
of
Corsa
,
of
the
Prior
of
Messina
,
and
Ludovico
Tipico
of
Trahu
,
and
Benedeto
Soranza
,
the
which
he
towed
after
him
before
the
Battle
was
compleated
;
but
that
getting
proved
the
loss
both
of
the
one
and
the
other
,
for
the
Turks
out
of
coveteousness
of
the
plunder
,
or
otherwise
thronging
into
them
,
accasioned
their
Hist.
Repbl
.
Venet.
fo.
127
,
128.
taking
fire
,
in
which
the
Victors
in
those
flames
became
Victimes
,
and
after
follow'd
the
totall
rout
of
the
Ottoman
power
.
XI
.
It
is
almost
impossible
,
that
in
Ships
of
War
,
which
in
these
daies
carry
so
considerable
force
in
Men
,
but
there
will
be
some
amongst
them
that
have
heads
of
knavery
,
and
fingers
of
Lime-twigs
,
nor
fearing
to
steal
that
from
their
Prince
,
which
is
applicable
only
for
the
good
of
their
Countrey
;
such
sort
of
Night-wolves
when
caught
,
are
to
be
severely
punished
;
and
therefore
to
steal
or
take
away
any
Cables
,
Anchors
,
Sails
,
or
any
Artic.
8.
of
the
Ships
Furniture
,
or
any
of
the
Powder
or
Arms
,
or
Amunition
of
the
Ship
,
subjects
the
offender
to
the
pains
of
death
,
or
to
such
other
punishment
as
the
quality
of
the
offence
shall
be
found
by
a
Court
Martial
to
deserve
.
XII
.
By
the
ninth
Article
,
Forreign
Ships
or
Vessels
Croesus
perswading
Cyrus
not
to
give
up
Lydia
to
be
pillaged
by
his
Men
,
tels
him
,
Non
mean●…
,
inquit
,
non
res
meas
diripes
,
nihil
enim
ad
me
jam
ista
adpertinent
:
tua
sunt
,
tua
illi
perdent
,
Herod
.
lib.
1.
taken
as
Prize
,
without
fighting
,
none
of
the
Captains
,
Masters
or
Mariners
being
Forreigners
,
shall
be
stripped
of
their
cloaths
,
or
in
any
sort
beaten
,
pillaged
,
or
evil
entreated
;
and
the
Persons
so
offending
being
oblidged
to
render
double
damage
:
this
Law
most
expresly
doth
not
extend
to
those
that
obstinatly
shall
maintain
a
Fight
;
for
most
certain
,
by
the
Law
of
Arms
,
if
the
Ship
be
boarded
and
taken
,
there
remains
no
restriction
,
but
that
of
charity
;
and
if
a
Ship
shall
persist
in
the
engagement
,
even
till
the
last
,
and
then
yield
to
mercy
,
there
has
been
some
doubt
,
[
](A51124-e45730-b)*
*
Victor
.
de
Jure
Belli
n.
49
,
&
60.
whether
quarter
ought
to
be
given
to
such
;
(
for
they
may
ignorantly
[
](A51124-e45740-b)†
†
D.
&
C.
de
Juris
&
facto
ign
.
maintain
with
courage
a
bad
cause
:
)
but
Captives
and
those
that
yield
or
desire
to
yield
,
there
is
no
danger
;
Now
,
that
such
may
be
justly
killed
,
there
must
be
some
antecedent
crime
,
and
that
such
a
one
as
an
equall
Judge
,
would
think
worthy
of
death
;
and
so
we
see
great
severity
shew'd
to
the
Captives
and
those
that
have
yielded
;
or
,
their
yielding
on
condition
of
life
not
accepted
Princes
indeed
are
Gods
,
but
neither
do
the
Gods
hear
the
prayer
of
suppliants
,
except
they
be
just
.
if
after
they
were
convinced
of
theinjustice
of
the
War
,
they
had
nevertheless
persisted
with
hatred
or
cruelty
,
if
they
had
blotted
their
Enemies
Name
with
unsufferable
disgraces
,
if
they
had
violated
their
Faith
or
any
Right
of
Nations
;
as
of
Ambassadors
,
if
they
were
fugitives
:
But
the
Law
of
Nature
admits
not
talliation
,
[
](A51124-e45770-b)*
*
The
Syracusians
were
accused
for
that
they
slew
the
Wives
and
Children
of
Hycetas
,
because
Hycetas
had
slain
the
Sister
and
Son
of
Dyon
.
Plutarch
,
Timon
,
&
Dione
.
except
against
the
very
individuall
Person
that
hath
offended
;
nor
doth
it
suffice
that
the
Enemies
are
by
a
fiction
conceived
to
be
as
it
were
one
Body
;
though
otherwise
by
the
Laws
of
Nations
,
and
by
the
Laws
of
Arms
,
and
at
this
day
practised
,
in
all
Fights
,
the
small
Frigots
,
Ketches
and
Smacks
,
are
to
observe
and
take
notice
of
the
Enemies
Fire-Ships
,
and
to
Watch
their
motion
,
and
to
do
their
best
,
to
cut
off
their
Boats
,
and
generally
the
Persons
found
in
them
are
to
be
put
to
death
,
if
taken
,
and
the
Vessel
if
not
taken
,
distroy'd
;
and
the
reason
why
the
extreamity
of
War
is
used
to
such
,
is
that
by
how
much
the
mischief
is
the
greater
by
the
act
of
such
Men
if
executed
,
by
so
much
the
punishment
is
aggrivated
if
taken
,
and
quarter
deny●…d
them
by
Law
of
War
.
XIII
.
Every
Captain
or
Commander
upon
signall
[
](A51124-e45830-b)†
†
In
England
when
the
Admirall
would
have
the
Van
of
the
Fleet
to
tack
first
,
the
Admirall
did
generally
put
aboard
the
Union-Flagg
,
at
the
staff
on
the
fore-top
Mast-head
(
that
was
when
the
Red
Flagg
was
not
abroad
.
)
But
if
the
Red
Flagg
had
been
abroad
,
then
the
fore-top-fall
was
to
be
loared
a
little
,
and
the
Union
Flagg
was
to
be
spred
from
the
Cap
of
the
fore-top-Mast
downwards
.
When
the
Reer
of
the
Fleet
was
to
tack
first
,
the
Union
Flagg
was
put
abroad
on
the
Flagg
staff
of
the
Mizon-top-Mast-head
,
upon
which
two
signals
the
Flagg
Ships
were
to
continue
the
same
signals
on
their
Ships
,
till
the
same
was
answered
:
when
the
Admirall
would
have
all
the
Ships
to
fall
into
the
Order
of
Battle
prescribed
at
the
Councell
of
War
,
the
Union
Flagg
was
put
on
the
Mizon
Peake
of
the
Admirall's
Ship
,
upon
sight
of
which
the
Admiralls
of
the
other
Squadrons
were
to
answer
it
by
doing
the
like
signall
,
when
the
Admirall
would
have
the
other
Squadrons
to
make
more
saile
,
though
himself
shorten
saile
,
a
white
Ensign
was
put
on
the
Ensign
staff
of
the
Admirall's
Ship
:
Instruction
first
of
May
1666.
but
yet
signals
may
be
altered
or
changed
as
often
as
it
shall
please
the
Admirall
to
think
the
same
necessary
and
convenient
.
or
order
of
Battle
,
or
view
,
or
sight
of
any
Ships
of
the
Enemy
,
Pyrat
,
or
Rebell
,
or
likelyhood
of
engagement
,
they
are
to
put
all
things
in
the
Ship
in
fit
posture
for
a
Fight
,
as
the
breaking
down
the
Cabins
,
clearing
of
the
Ships
of
all
things
that
may
impede
the
Souldiers
,
in
the
preserving
the
Ship
and
themselves
,
and
endamaging
the
Enemy
;
and
every
such
Commander
or
Captain
are
in
their
own
Person
,
and
according
to
their
Place
,
to
hearten
and
encourage
the
inferiour
Officers
and
common
Men
to
fight
valiantly
and
couragiously
,
and
not
to
behave
themselves
faintly
,
under
the
disgrace
of
being
casheered
,
and
if
he
or
they
yield
to
the
Enemy
,
Pyrat
or
Rebell
,
or
cry
for
quarter
,
he
or
they
so
doing
,
shall
suffer
the
pains
of
death
,
or
such
other
punishment
as
the
offence
shall
deserve
.
Now
,
though
Souldiers
or
Mariners
having
oblidged
themselves
faithfully
to
serve
in
the
Expedition
or
Navy
;
yet
that
is
to
be
understood
no
further
then
his
or
their
power
to
do
his
utmost
in
his
or
their
Quality
,
for
though
the
obligation
for
the
Service
be
taken
in
the
strickest
tearms
of
undergoing
death
and
danger
,
yet
it
is
to
be
understood
alwaies
conditionally
as
most
promises
are
,
viz.
if
the
action
or
passion
may
be
for
that
Fleet
or
Princes
advantage
;
and
therefore
if
the
Fleet
of
Squadron
is
beaten
,
and
the
Ships
are
diasabled
,
and
left
scarce
without
any
to
defend
them
,
now
the
Souldiers
or
Mariners
remaining
can
do
no
more
for
their
Prince
then
die
,
which
indeed
is
to
do
nothing
at
all
,
but
to
cease
for
ever
from
doing
any
thing
either
for
him
or
themselves
,
in
those
Streights
;
therefore
it
is
not
repugnant
to
their
Oath
called
Sacramentum
Lipsius
de
Mil.
Rom.
l.
1.
dial.
6
,
&
4.
And
Polybius
expresseth
the
Oath
thus
,
Obtemperaturus
sum
,
&
fact●…rus
quiquid
maendabitur
〈◊〉
ad
Imperatoribus
,
juxta
vires
:
and
such
,
saies
he
,
were
termed
Milites
per
Sacramentum
.
Militare
,
to
ask
quarter
or
strike
,
and
having
begg'd
a
new
Life
and
taken
it
,
they
are
bound
in
a
new
and
just
obligation
of
Fidelity
to
those
to
whom
they
were
bound
to
kill
few
hours
before
;
neither
can
the
Prince
or
Generall
expect
by
virtue
of
their
former
obligation
to
him
,
they
should
kill
any
in
the
place
where
the
quarter
was
given
:
however
,
this
Fidelity
hath
not
its
inception
,
from
the
time
of
taking
quarter
;
but
when
the
Battle
is
over
,
and
that
time
which
is
termed
cold
blood
;
for
without
all
controversy
,
if
a
Ship
be
boarded
,
and
the
Quarter
is
given
,
yet
if
while
the
Fight
lasts
,
the
Persons
captives
can
by
any
possibility
recover
their
liberty
and
Ships
,
they
may
by
the
Law
of
Arms
justly
acquire
the
same
.
And
since
impunity
is
granted
to
such
unfortunate
desertors
,
yet
it
must
be
apparently
evident
and
fully
proved
,
that
they
were
reduced
into
a
condition
beyond
all
hope
in
the
Battle
:
and
therefore
the
feet
that
forsook
the
Unfortunate
Pompey
before
the
field
was
lost
,
were
justly
condemned
for
the
breach
of
the
Roman
discipline
and
Law
of
Armes
:
and
therefore
the
Article
hath
not
positively
declared
death
only
,
but
added
,
or
such
other
punishment
as
the
offence
shall
deserve
,
which
provision
leaves
the
Action
to
be
judged
and
punished
by
a
Councel
of
War
,
who
know
best
what
's
to
be
done
in
cases
of
that
nature
;
however
,
a
base
or
cowardly
yielding
;
or
crying
quarter
,
is
to
be
punished
with
death
,
and
that
without
mercy
.
XIV
.
The
obeying
of
Orders
hath
in
all
Ages
been
in
mighty
esteem
:
Chrysantus
,
one
of
Cyrus's
Souldiers
,
Xenoph.
Cyr.
Plutaroh
Quaest.
Rom.
39
,
&
Marcello
.
being
upon
his
Enemy
,
withdrew
his
sword
,
hearing
a
retreat
sounded
;
but
this
comes
not
from
the
external
Laws
of
Nations
;
for
as
it
is
lawfull
to
seize
on
the
Enemie's
Vide
in
Tit.
Ships
of
War
.
Goods
,
so
likewise
to
kill
the
Enemy
,
for
by
that
Law
the
Enemies
are
of
no
account
;
but
such
obedience
proceeds
from
the
Military
discipline
of
several
Nations
:
by
the
Romans
,
it
was
a
Law
[
](A51124-e46140-b)†
†
Leg.
desertorem
.
D●…
de
re
Milit.
noted
by
Modestinus
,
that
whosoever
obey'd
not
his
Orders
,
should
be
punisht
with
death
,
though
the
matter
succedded
well
;
now
he
also
was
supposed
not
to
have
obey'd
,
[
](A51124-e46160-b)*
*
Livy
lib.
7.
Manliani
Imperia
.
who
out
of
Order
without
the
Command
of
the
General
entered
into
any
Fight
.
For
if
such
liberty
were
lawfull
either
Stations
would
be
deserted
,
or
(
licence
proceeding
)
the
Army
,
Fleet
,
or
Squadron
would
be
engag'd
in
unadvised
Battles
,
which
The
Order
of
Battle
is
to
be
preserved
,
and
in
all
cases
they
are
to
endeavour
to
keep
in
one
line
as
much
as
may
be
;
and
though
they
have
beaten
some
of
the
Enemy
,
yet
must
they
not
pursue
a
small
number
,
before
the
main
of
the
Enemy
be
bearen
or
run
.
Nor
ought
they
in
chacing
,
chase
beyond
sight
of
the
Flagg
,
and
at
night
all
chacing
Ships
are
to
return
to
the
Flagg
.
Just.
22
,
23
in
1.
May
1666.
by
all
means
is
to
be
avoyded
.
M.
Capello
,
a
Venetian
Gentleman
of
an
antient
Extraction
,
having
the
Charge
of
the
Guarding
the
Venetian
Gulph
,
[
](A51124-e46260-b)*
*
Hist.
of
the
Reipub.
of
Ven
fo.
170
,
171.
met
with
the
Barbary
Fleet
,
whom
he
so
assaulted
,
that
he
burnt
and
took
divers
of
them
;
among
the
rest
the
Admirall
Galley
of
Algier
,
(
a
Vessel
of
vast
higness
)
which
he
brought
with
him
away
,
and
she
remains
at
this
day
a
Trophy
in
the
Arsenall
of
Venice
;
the
service
although
Noble
and
Honourable
,
and
such
as
brought
renown
to
the
Reipublique
,
yet
in
regard
it
was
an
Action
exceeding
his
Commission
,
he
was
adjudged
to
punishment
:
(
but
his
great
Merit
and
Alliance
,
preserved
his
Life
)
such
an
exact
obedience
that
Seignory
expects
to
be
pay'd
to
her
Orders
,
be
the
success
never
so
Glorious
:
And
by
the
eleventh
Article
,
every
Captain
,
Commander
,
and
other
Officer
,
Seaman
or
Souldier
of
any
Ship
,
Frigot
or
Vessel
of
War
,
they
are
duely
to
observe
the
Commands
of
the
Admirall
or
other
his
Superior
,
or
Commander
of
any
Squadron
,
as
well
for
Artic.
11.
the
assaulting
,
and
setting
upon
any
Fleet
,
Squadron
,
or
Ships
of
the
Enemy
,
Pyrat
or
Rebells
,
or
joyning
Battle
with
them
,
or
making
defence
against
them
,
as
all
other
the
Commands
of
the
Admirall
,
or
other
his
Superior
Commander
,
the
disobeying
of
which
subjects
them
to
the
pains
of
death
,
or
such
other
punishment
,
as
the
quality
or
neglect
of
his
offence
shall
deserve
.
XV.
Again
,
every
Captain
and
all
other
Officers
,
Mariners
and
Souldiers
of
every
Ship
,
Frigot
,
or
Vessel
of
War
,
shall
not
in
time
of
any
Fight
or
Engagement
,
withdraw
or
keep
back
;
but
on
the
other
hand
,
they
are
to
come
into
the
Battle
,
and
engage
,
and
do
their
utmost
Artic.
12.
endeavour
to
take
,
fire
,
kill
,
and
endamage
the
Enemy
,
Pyrat
or
Rebell
,
and
assist
and
relieve
all
other
his
Confederate
Ships
;
and
if
they
shall
prove
cowards
,
they
are
to
be
dealt
with
as
cowards
ought
by
the
Law
of
Arms
,
which
is
to
suffer
death
:
But
circumstance
of
things
may
make
alteration
of
matters
,
therefore
there
is
added
or
other
punishment
,
as
the
circumstance
of
the
offence
shall
deserve
,
or
a
Court
Martiall
think
fit
.
There
are
some
offices
to
be
done
,
even
to
them
from
whom
you
have
received
an
injury
;
for
revenge
and
punishment
Cicero
Offic
▪
1
,
&
2.
must
have
a
measure
;
and
therefore
the
issues
of
the
Roman
Wars
were
either
milde
or
necessary
;
now
when
killing
is
just
in
a
just
War
,
according
to
internal
justice
may
be
known
by
the
examining
the
causes
or
end
of
the
War
,
which
may
be
for
the
conservation
of
Life
and
Members
,
Grotius
de
Jure
Belli
ac
Pacis
lib.
1.
cap.
2.
§.
1
,
.
and
the
keeping
and
acquiring
of
things
usefull
unto
Life
;
now
in
the
assaulting
of
Ships
,
it
happens
that
one
is
slain
on
purpose
or
without
purpose
;
on
purpose
no
Man
can
be
slain
justly
,
unless
either
for
just
punishment
,
as
without
it
we
cannot
protect
and
defend
our
Life
,
our
Goods
,
our
Countrey
,
&c.
That
such
punishment
may
be
just
,
it
is
necessary
,
that
he
who
is
slain
,
have
offended
,
and
that
so
much
as
may
be
avenged
with
the
punishment
of
death
in
the
Sentence
Misericordia
infortuniis
debitur
:
atqui
deliberati
scientia
male
agit
,
non
infelix
,
sed
injustus
:
And
Cicero
hath
a
saying
out
of
Demosthenes
;
We
must
shew
compassion
to
those
whom
fortune
,
not
their
own
deeds
have
made
miserable
.
of
an
equall
Judge
,
be
expected
:
now
we
must
note
between
full
injury
and
meer
misfortune
of●…en
intercedes
some
mean
,
which
is
as
't
were
composed
of
both
;
so
that
it
can
neither
be
called
the
act
of
one
knowing
and
willing
,
nor
meerly
the
act
of
one
ignorant
or
unwilling
.
This
distinction
by
Themistius
,
is
fully
illustrated
;
You
have
made
a
difference
'twixt
an
injury
,
a
fault
,
and
a
misfortune
;
although
you
neither
study
Plato
,
nor
read
Aristotle
,
yet
you
put
their
Doctrine
into
practise
;
for
you
have
not
thought
them
worthy
of
equall
punishment
,
who
from
the
beginning
perswaded
the
War
,
and
who
afterward
were
carryed
with
the
stream
,
and
who
at
last
submitted
to
him
,
that
now
seem'd
to
have
the
highest
power
;
the
first
you
condemned
,
the
next
you
chastised
,
the
last
you
pitty'd
:
Mos●…
certain
to
spare
Captives
or
Prisoners
of
War
,
is
a
command
Scipio
Aemilianus
at
the
overthrow
of
Carthage
,
proclaimed
that
they
should
fly
that
would
.
Polybius
,
vide
Tacitus
Annal.
12.
of
goodness
and
equity
;
and
in
Histories
they
are
often
commended
;
who
when
too
great
a
number
prove
burdensom
or
dangerous
,
chose
rather
to
let
them
all
go
then
to
slay
them
,
or
detain
them
,
though
for
Ransoms
;
as
the
last
Flemish
Wars
with
England
,
so
for
the
same
causes
,
they
that
strike
or
yield
up
themselves
are
not
to
be
slain
,
(
though
there
is
no
provision
made
by
Covenant
.
)
In
Towns
besieg'd
it
was
observed
by
Vide
Serran
.
in
reb
Franc.
1.
&
Hen.
2
Thueyd
.
lib.
3.
the
Romans
,
before
the
Ram
had
smitten
the
Wall
,
Caesar
[
](A51124-e46700-b)*
*
Caesar
l.
2
de
Bello
Gallico
denounceth
to
the
Advatici
,
he
would
save
their
City
,
if
before
the
Ram
had
touched
the
Wall
,
they
yielded
;
which
is
still
in
use
in
weak
Places
,
before
the
great
Guns
are
fired
;
in
strong
Places
before
an
Assault
is
made
upon
the
Walls
;
[
](A51124-e46730-b)†
†
Dinand
in
Germany
,
being
taken
by
assault
,
the
town
was
raised
and
burnt
and
the
prisoners
all
put
to
death
.
Vide
Phil.
Comines
lib.
2.
cap.
1.
and
at
Sea
,
by
firing
1
or
2
Guns
,
or
hanging
out
the
bloody
Flagg
,
according
as
the
instructions
are
,
however
,
till
there
be
an
absolute
yielding
or
quarter
cry'd
by
the
Law
of
Armes
,
as
well
as
by
the
above
mentioned
Article
,
every
Commander
and
Souldier
is
to
do
his
utmost
,
to
take
,
fire
,
kill
and
endamage
the
Enemy
,
or
whatsoeuer
may
tend
thereunto
.
XVI
.
By
the
Law
of
Arms
,
he
deserves
punishment
who
doth
not
keep
off
force
that
is
offered
to
his
fellow
Souldier
;
and
though
it
hath
been
conceived
,
that
if
there
be
manifest
danger
,
that
he
is
not
bound
to
come
into
his
relief
:
for
such
Commanders
may
prefer
the
lives
in
his
own
Ship
,
before
those
in
another
;
yet
that
suffices
not
for
every
Souldier
by
the
Law
of
Arms
,
is
not
only
bound
to
defend
,
but
likewise
to
assist
and
relieve
his
Companion
:
now
Companions
are
in
two
respects
,
either
those
that
are
in
actual
service
with
such
Souldiers
,
or
those
that
are
not
,
but
only
committed
to
their
protection
or
Convoy
,
which
are
to
be
defended
and
guarded
at
the
same
peril
and
charge
that
a
fellow
I
will
defend
my
Companion
at
the
cost
of
my
own
Blood
,
and
partake
in
his
danger
.
Senec.
de
Ben.
2.
15.
Souldier
is
;
and
therefore
all
Ships
that
are
committed
to
Convoy
and
Guard
,
they
are
diligently
and
carefully
to
be
attended
upon
without
delay
,
according
to
their
Instructions
,
in
that
behalf
:
And
whosoever
shall
be
faulty
therein
,
and
shall
not
faithfully
perform
the
same
,
and
defend
the
Ships
and
Goods
in
their
Convoy
without
either
diverting
to
other
parts
or
occasions
,
or
refusing
or
neglecting
to
fight
in
their
defence
,
if
they
be
set
upon
or
assailed
,
or
running
away
cowardly
,
and
submitting
those
in
their
Convoy
to
hazard
and
peril
,
or
shall
demand
or
exact
any
Money
or
other
reward
From
any
Merchant
or
Master
,
for
conveying
of
any
such
Ships
or
other
Vessells
belonging
to
His
Majesty's
Subjects
,
shall
be
condemned
to
make
reparation
of
the
damage
to
the
Merchants
,
owners
,
or
others
,
as
the
Court
of
Admiralty
shall
adjuge
,
and
also
be
punished
criminally
according
to
the
quality
of
their
offences
,
be
it
by
pains
of
death
or
other
punishment
,
according
as
shall
be
adjudged
fit
by
that
Court
Martiall
:
Now
,
those
Ships
that
are
not
under
Convoy
but
ingaged
in
fight
,
are
faithfully
to
be
relieved
;
and
therefore
if
a
Squadron
shall
happen
to
be
over-charged
and
distressed
,
the
next
Squadron
or
Ships
are
to
make
towards
their
relief
and
assistance
upon
a
signal
given
them
;
which
is
generally
given
in
the
Admiralls
Squadron
by
a
Pendant
on
the
fore-top-Mast
head
of
any
Flagg-Ship
in
the
Vice-Admiralls
Squadron
,
or
he
that
commands
in
chief
in
the
second
place
,
a
Pendant
on
the
main
top-Mast
head
,
and
the
Reer-Admiralls
Squadron
the
like
:
but
these
signalls
sometimes
change
,
according
to
the
wisedom
and
resolution
of
the
Admirall
.
Again
,
Ships
that
are
disabled
by
loss
of
Masts
,
shot
under
Water
,
or
the
like
;
so
as
they
be
in
danger
of
sinking
or
taking
,
the
distressed
Ships
generally
make
a
sign
by
waft
of
their
Jack
and
Ensigns
,
and
those
next
to
them
are
bound
to
their
relief
;
but
yet
this
does
not
alwaies
hold
place
,
for
if
the
distressed
Ship
is
not
in
probability
of
sinking
,
or
otherwise
encompassed
with
the
Enemy
,
the
releiver
is
not
to
stay
under
pretence
of
securing
them
,
but
ought
to
follow
his
leader
and
the
Battle
,
leaving
such
lame
Ships
to
the
Stern
most
of
the
Fleet
;
it
being
an
undoubted
Maxime
,
That
nothing
but
beating
the
Body
of
the
Enemy
can
effectually
secure
such
disabled
Ships
.
XVII
.
It
is
not
enough
that
Men
behave
themselves
valiantly
in
the
beating
of
an
Enemy
,
for
that
is
not
all
,
but
the
reducing
of
him
into
a
condition
to
render
right
either
for
damage
done
,
or
to
render
that
which
is
right
;
which
cannot
well
be
done
without
bringing
Artic.
14.
him
to
exigences
and
streights
;
and
therefore
if
the
Enemy
,
Pyrat
,
or
Rebell
be
beaten
,
none
,
neither
through
But
that
is
to
be
understood
as
in
the
XII
.
§.
of
this
Chapter
.
cowardize
,
negligence
,
or
dissaffection
,
ought
to
forbear
the
pursuit
,
and
those
of
them
flying
,
nor
ought
such
either
through
cowardize
,
negligence
or
disaffection
,
forbear
the
assisting
of
a
known
friend
in
view
,
to
their
utmost
power
,
the
breach
of
which
,
subjects
the
offenders
to
the
pains
of
death
,
or
at
least
such
punishment
as
a
Court
Marshall
shall
think
fit
.
Empires
are
got
by
Arms
,
and
propagated
by
victory
;
and
by
the
Laws
of
War
,
they
that
have
overcome
,
should
govern
those
they
have
subdued
:
Hence
it
is
that
Generalls
having
compleated
a
Conquest
in
a
just
War
,
and
in
chase
or
otherwise
have
taken
the
Ships
or
Goods
of
the
Enemy
,
have
absolute
power
over
the
Lives
,
Estates
,
Ships
and
things
that
they
by
force
of
Arms
hath
acquired
,
by
the
Laws
of
Nations
.
But
yet
in
such
Conquests
where
the
reeking
sword
knows
no
Law
,
that
is
they
are
done
impune
,
without
punishment
,
because
co-active
Judges
do
grant
them
their
authority
;
[
](A51124-e47010-b)†
†
Tacitus
3.
Annal.
Pompeius
gravior
remediis
quam
d●…licta
erant
.
but
yet
such
power
may
be
exorbitant
,
from
that
rule
of
right
called
Virtue
;
and
therefore
by
the
Law
of
War
Captives
may
be
slain
,
yet
what
Law
forbids
not
,
modesty
prohibits
to
be
done
.
Hence
it
is
that
Generals
do
often
restrain
that
power
of
killing
;
for
though
such
Prisoners
of
War
do
fight
for
the
maintenance
of
an
unjust
cause
,
and
although
the
War
is
begun
by
a
solemn
manner
;
yet
all
acts
that
have
their
rise
from
thence
,
are
unjust
by
internal
injustice
;
so
that
they
who
knowingly
do
persist
in
fighting
,
[
](A51124-e47050-b)†
†
Grotius
de
Jure
Belli
ac
Pacis
lib.
3.
cap.
10.
§.
yet
ought
they
not
alwaies
to
be
slain
,
according
to
that
of
Seneca
;
Cruel
are
they
,
saies
he
[
](A51124-e47070-b)*
*
2.
de
Clem
▪
cap.
4.
,
that
have
cause
of
punishment
,
but
have
no
measure
:
For
he
that
in
punishing
goes
further
then
is
meet
,
is
the
second
author
of
injury
;
and
the
principal
reason
why
mercy
is
often
shew'd
,
is
,
for
that
Souldiers
of
fortune
offend
not
out
of
any
hatred
or
cruelty
,
but
out
of
duty
.
XVIII
.
Again
,
Generals
in
the
measure
of
killing
,
look
no
further
commonly
then
the
distruction
of
those
who
by
force
of
Arms
oppose
them
,
and
though
Ships
or
Cities
are
taken
by
assault
,
the
which
by
the
Laws
of
War
subjects
every
individual
to
the
mercy
of
the
Conqueror
;
yet
Children
,
Women
,
Old
Men
,
Priests
,
Schollars
and
Husband-Men
are
to
be
spaired
;
the
first
by
the
In
Vita
C●…milli
Liv.
lib.
1
,
&
5.
Law
of
Nature
,
according
that
of
Camillus
,
We
have
Armes
,
saies
he
,
not
against
that
age
which
even
in
taking
Cities
is
spaired
,
but
again●…t
armed
Men
,
and
this
is
the
Law
of
Arms
amongst
good
Men
;
by
which
we
are
to
note
that
by
the
words
good
Men
,
as
is
observed
,
[
](A51124-e47150-b)†
†
Grotius
de
Jure
Belli
ac
Pacis
l.
3.
c.
11.
who
observes
that
many
pretences
may
be
found
out
against
Men
of
mature
age
,
but
against
Infants
,
calumny
it self
can
find
nothing
to
say
,
as
being
cleerly
innocents
.
to
mean
the
Law
of
Nature
for
strictly
by
the
Law
of
Armes
,
the
slayers
of
them
are
without
punishment
.
Now
,
that
which
hath
place
in
Children
alwaies
that
have
not
attained
the
use
of
Reason
,
for
the
most
part
prevails
with
Women
;
that
is
unless
they
have
committed
something
peculiarly
to
be
avenged
,
or
do
usurp
Manly
Offices
,
as
flinging
of
stones
from
the
Walls
[
](A51124-e47190-b)*
*
Herod
.
in
Vita
Maximin
.
fo.
417.
pouring
down
burning
pitch
,
and
brim-stone
,
and
the
like
be-tuminous
stuff
,
firing
of
Guns
and
the
like
,
for
it
is
a
Sex
that
hath
nothing
to
do
with
the
Sword
,
that
are
capable
of
that
clemency
.
The
like
for
old
Men
,
whom
Papinius
observes
,
are
not
Papin
.
nullie
violabilis
armis
turba
se●…
nes
.
Vict.
D.
loca
.
to
be
slain
;
so
for
Ministers
of
Sacred
things
,
even
Barbarous
Nations
,
have
had
them
in
reverence
and
preservation
;
as
the
Philistins
enemies
of
the
Jews
,
did
to
the
Colledge
of
Prophets
,
whom
they
did
no
harm
,
and
with
1
Sam.
10.
5.
10.
those
Priests
are
justly
equalled
in
this
respect
,
they
that
have
chosen
a
like
kind
of
life
as
Monks
and
Penitents
,
1
Sam.
19.
18.
Lord
Coke's
Comm.
on
30
Cap.
of
magna
whom
therefore
as
well
as
Priests
,
the
Canons
following
in
naturall
equity
,
will
have
spared
,
[
](A51124-e47380-b)*
*
Charta
fo.
58.
to
these
are
deservedly
added
those
that
give
themselves
to
the
Study
of
good
Learning
and
Sciences
useful
to
Mankind
,
be
it
C.
de
Treuga
&
Pace
.
in
Universities
,
or
other
publique
Schools
or
Colledges
.
To
these
are
added
Tradesmen
,
[
](A51124-e47450-b)†
†
Vide
2.
Inst.
fo.
58.
&
Trin.
31
E.
1.
coram
Rege
Rot.
127.
so
likewise
Merchants
,
Leg.
execut
.
C.
quae
res
pign
.
which
is
not
only
to
be
understood
of
them
that
stay
for
a
time
in
the
Enemies
Quarters
but
of
perpetual
Subjects
,
for
their
life
hath
nothing
to
do
with
Arms
,
and
under
that
name
are
also
contained
other
Work-Men
and
Artificers
,
whose
gain
loves
not
War
,
but
Peace
.
Again
,
Captives
and
they
that
yield
,
are
not
to
be
slain
,
for
to
spare
such
is
a
Command
of
goodness
and
equity
,
sayeth
Seneca
;
[
](A51124-e47510-b)*
*
De
Benef.
5.
cap.
18.
nor
are
Hostages
to
be
destroy'd
,
according
to
that
of
Scipio
;
who
said
,
He
would
not
shew
his
displeasure
on
harmless
Hostages
,
[
](A51124-e47530-b)†
†
Livy
lib.
28.
The
same
saith
Julian
in
Ni●…etas
.
but
upon
those
that
had
revolted
,
and
that
he
would
not
take
revenge
of
the
unarmed
,
but
the
armed
Enemy
:
't
is
very
true
,
by
the
Law
of
Arms
,
if
the
Contract
be
broke
for
which
they
became
Hostage
,
they
may
be
slain
,
that
is
,
the
slayer
is
without
punishment
:
but
yet
some
[
](A51124-e47560-b)*
*
Grot.
de
Jure
Belli
ac
Pa●…is
l.
3.
c.
11.
conceive
the
slayer
is
not
without
sin
,
for
that
no
such
Contract
can
take
away
any
Man's
life
,
that
is
,
I
suppose
an
Innocents
life
;
but
without
controversie
,
if
those
that
become
Hostage
be
or
were
before
in
the
number
of
grevious
delinquents
,
or
if
afterwards
he
hath
broken
his
Faith
given
by
him
in
a
great
matter
,
the
punishment
of
such
may
be
free
from
injury
.
XIX
.
Where
offences
are
of
that
nature
as
they
may
seem
worthy
of
death
,
as
mutiny
,
and
the
like
,
&c.
it
will
be
a
point
of
mercy
,
because
of
the
multitude
of
them
to
remit
extream
right
,
according
to
that
of
Seneca
[
](A51124-e47600-b)†
†
2.
de
Ira
cap.
10.
Quicquid
multis
peccatur
inul●…um
est
.
Magis
monendo
quam
minando
:
sic
enim
agendum
est
cum
multieline
peccantium
severitas
au
rem
exercenda
est
in
peccata
pauc●…rum
.
Gailium
de
pace
pub
.
lib.
11.
cap.
9.
36.
,
The
severity
of
a
General
shews
it self
against
particulars
,
but
pardon
is
necessary
where
the
whole
Army
is
revolting
,
what
takes
away
anger
from
a
wise
Man
,
the
multitude
of
Transgressors
?
Hence
it
was
that
casting
of
Lots
[
](A51124-e47630-b)†
†
vide
Grot.
lib.
3.
cap.
11.
§.
17.
was
introduced
that
too
many
might
not
be
subjected
to
punishment
.
However
,
all
Nations
have
generally
made
it
a
standing
Rule
in
the
punishment
of
Mutineers
as
neer
as
possible
,
to
hunt
out
the
authors
,
and
them
make
examples
of
[
](A51124-e47650-b)*
*
Victor
de
Jure
Belli●…n
.
59.
lib.
2.
.
And
therefore
by
the
15
Article
,
if
any
Man
at
any
time
when
Service
or
Action
is
commanded
shall
presume
to
stop
or
put
backwards
or
discourage
the
said
Service
and
Action
,
by
pretencee
of
arrears
of
wages
or
upon
any
pretence
of
wages
whatsoever
,
they
are
to
suffer
death
;
and
indeed
the
same
ought
to
be
without
mercy
,
by
how
much
the
more
they
may
raise
a
mutiny
at
a
time
when
there
is
nothing
expected
but
Action
,
and
the
shewing
the
most
obsequious
duty
that
possibly
may
Artic.
15.
be
;
the
breach
of
which
may
occasion
the
dammage
of
the
whole
Fleet
,
and
being
of
such
dangerous
consequence
,
ought
severely
to
be
punished
:
So
likewise
the
uttering
of
any
words
of
Sedition
or
Mutiny
,
or
the
endeavouring
to
make
any
mutinous
Assemblies
upon
any
pretence
Artic.
19.
whatsoever
,
is
made
death
:
And
the
very
concealors
of
any
trayterous
and
mutinous
practises
,
designs
or
words
,
or
any
words
spoken
by
any
to
the
prejudice
of
His
Majesty
or
Government
,
or
any
words
,
practises
,
or
designs
tending
to
the
hinderance
of
the
Service
,
and
shall
not
reveal
them
,
subject
them
to
such
pains
and
punishments
as
a
Court
Marshal
shall
think
fit
.
And
Artic.
20.
whereas
in
no
case
of
the
offences
committed
against
any
of
the
Articles
for
the
Government
of
any
of
His
Majesties
Ships
of
War
,
within
the
Narrow
Seas
,
wherein
the
pains
of
death
are
to
be
inflicted
,
execution
of
such
Sentence
ought
not
to
be
made
without
leave
of
the
Lord
Admiral
;
this
of
mutiny
is
totally
excepted
,
for
such
may
be
executed
immediately
.
Art.
34.
XX.
It
is
not
lawful
for
Princes
or
States
to
make
of
their
Enemies
Traytors
,
or
to
desert
the
Service
of
their
Prince
,
or
to
bring
over
their
Ships
,
Ordinance
,
Provisions
or
Arms
;
for
as
it
is
not
lawful
for
any
Subject
Grot.
de
Jure
Belli
ac
Pacis
lib.
3.
cap.
1.
§.
to
do
the
same
,
so
likewise
to
tempt
him
;
for
he
that
gives
a
cause
of
sinning
to
another
,
sins
also
himself
;
but
if
a
Man
will
voluntarily
without
any
other
impulse
,
then
his
own
,
bring
over
the
Ships
or
Armies
,
or
deserts
the
Service
of
his
Prince
,
to
serve
another
;
this
,
though
a
fault
in
the
desertor
,
is
not
in
the
reciever
.
We
recieve
a
fugitive
by
the
Law
of
War
,
(
saith
Celsus
[
](A51124-e47790-b)*
*
Leg.
Transfug●…m
D.
re
ac●…reúm
dom.
Polyb.
in
excerp
.
Legat.
9.
28.
34.
Menander
Protector
idem
nos
docet
.
)
that
is
,
it
is
not
against
the
Law
of
War
to
admit
him
who
having
deserted
his
Princes
part
,
elected
his
Enenemies
;
nor
are
such
to
be
rendred
,
except
it
shall
be
agreed
,
as
in
the
Peace
of
Lewis
the
11th
.
[
](A51124-e47830-b)*
*
Phil.
Comines
lib.
4.
chap.
12.
However
such
sort
of
gamsters
,
if
caught
,
are
to
be
severely
punished
;
and
therefore
it
is
provided
,
that
if
any
Sea
Captain
,
Officer
,
or
Sea-Man
that
shall
betray
his
trust
,
or
turn
to
the
Enemy
,
Pyrat
or
Rebel
,
or
run
away
with
their
Ship
or
Ordinance
,
Ammunition
or
Provision
,
to
the
weakning
of
the
Service
,
or
yield
the
same
up
to
the
Enemy
,
Pyrat
or
Rebel
,
shall
be
punished
with
death
;
so
likewise
if
Artic.
16.
any
shall
desert
the
Service
or
the
Employment
,
which
they
are
in
a
Ship-board
,
or
shall
run
away
or
entice
any
other
so
to
do
,
they
are
subject
to
the
like
pain
of
Artic.
17.
Tertul.
Apolog.
9.
c.
quando
liceat
.
lib.
2.
in
res
majestatis
&
publicos
hostes
omnis
homo
miles
.
Vide
Grot.
lib.
1.
cap.
15.
§.
death
.
And
by
the
Law
of
Nations
,
such
desertors
that
run
away
from
their
Colours
or
Fleet
before
Peace
proclaimed
and
concluded
,
all
Persons
of
that
Prince
from
whom
they
fled
,
have
a
right
indulged
to
them
to
execute
publique
revenge
.
XXI
.
By
the
Law
of
Nations
,
[
](A51124-e47870-b)†
†
Livy
lib.
2.
lib.
3.
§.
ult.
ad
Leg.
Corn.
de
Sicariis
pun
.
Artic.
18.
Spyes
may
be
sent
to
view
and
survey
the
Enemies
Force
,
Fleet
,
station
,
and
make
discovery
of
whatsoever
may
give
advantage
to
Vide
Hetley
Rep.
235.
1
H.
7.
cap.
1.
3
H.
8.
cap.
5.
the
Persons
sending
,
as
is
mentioned
above
;
but
being
deprehended
,
they
are
to
be
put
to
death
:
and
therefore
if
any
Person
shall
come
from
or
be
found
in
the
nature
of
Spies
,
to
bring
any
seducing
Letters
or
Messages
from
any
Enemy
or
Rebel
,
or
shall
attempt
or
endeavour
to
corrupt
any
Captain
,
Officer
,
Mariner
,
or
other
of
the
Navy
or
Fleet
,
to
betray
his
or
their
trust
,
or
yield
up
any
Ship
or
Ammunition
,
or
turn
to
the
Enemy
or
Rebel
,
shall
be
punished
with
death
.
XXII
.
Souldiers
and
Mariners
ow
all
respect
and
duty
to
their
Superior
Officers
;
and
therefore
when
they
are
in
anger
,
they
ought
to
avoyd
them
;
but
above
all
not
to
quarrel
with
,
or
give
them
any
provoking
language
:
and
therefore
by
the
Law
of
Arms
,
a
Souldier
who
hath
resisted
his
Captain
,
willing
to
chastise
him
,
if
he
hath
laid
hold
on
his
rod
,
is
casheer'd
,
if
he
purposely
break
it
,
or
laid
violent
hands
upon
his
Captain
,
he
dyes
:
[
](A51124-e47920-b)*
*
Leg.
milites
.
D.
de
re
milit:
Rufus
Legi
militeribus
cap.
15.
And
by
the
Laws
of
England
if
any
Person
shall
presume
to
quarrel
with
his
Superior
Officer
,
he
shall
suffer
severe
punishment
;
and
if
he
strikes
him
,
shall
suffer
death
,
or
otherwise
as
a
Court
Marshal
shall
adjudge
the
matter
to
deserve
[
](A51124-e47950-b)†
†
Artic.
21.
.
XXIII
.
And
though
Mariners
and
Souldiers
may
have
just
cause
of
complaint
,
as
that
their
victuals
or
provisions
are
not
good
,
yet
must
they
not
mutiny
or
rebel
,
whereby
to
distract
or
confound
the
whole
Crew
;
but
must
make
a
civil
and
humble
address
to
their
Commander
,
that
the
same
may
be
amended
;
and
if
the
case
be
such
,
that
the
Commander
cannot
redress
the
same
,
by
going
to
Port
to
supply
the
exigencies
,
without
detriment
of
the
Fleet
(
as
if
ready
to
engage
,
or
the
like
)
they
must
like
Men
and
Souldiers
bear
with
the
extreamity
,
considering
that
it
is
better
that
some
Men
should
perish
,
nay
,
the
whole
Crew
in
one
Ship
,
then
the
whole
Fleet
;
nay
,
perhaps
the
whole
Kingdom
be
destroyed
:
Bacon
m●…
fo.
17.
Privilegium
non
valet
contra
rem
publicam
.
And
therefore
if
any
in
the
Fleet
find
cause
of
complaint
of
the
unwholsomness
of
his
victuals
,
or
upon
other
just
ground
,
he
shall
quietly
make
the
same
known
to
his
Superior
,
or
Captain
,
or
Commander
in
chief
,
as
the
occasion
may
deserve
,
that
such
present
remedy
may
be
had
,
as
the
matter
may
require
;
and
the
said
Superior
or
Commander
is
to
cause
the
same
to
be
presently
remedied
accordingly
;
but
no
Person
upon
any
such
or
other
pretence
shall
privately
attempt
to
stir
up
any
disturbance
,
upon
pain
of
such
severe
punishment
,
as
a
Court
Martial
shall
think
fit
to
inflict
.
XXIV
.
And
as
the
Law
doth
provide
that
there
be
no
waste
or
spoil
of
the
Kings
provision
,
or
imbezlement
Artic.
24.
of
the
same
;
so
likewise
that
care
be
taken
,
the
Ships
of
War
neither
through
negligence
or
wilfulness
be
stranded
,
split
or
hazarded
,
upon
severe
penalties
.
In
fights
Artic.
25.
and
when
great
Fleets
are
out
,
there
are
generally
instructions
appointed
for
all
Masters
,
Pilots
,
Ketches
,
Hoyes
,
and
Smacks
,
who
are
to
attend
the
Fleet
,
and
to
give
them
notice
of
the
Roads
,
Coasts
,
Sands
,
Rocks
,
and
the
like
,
and
they
have
particular
stations
allotted
them
,
and
orders
given
,
that
if
they
shall
find
less
water
then
such
a
proportion
,
they
then
give
a
signall
as
they
are
directed
to
give
,
and
continue
their
signalls
till
they
are
answer'd
from
the
Capitall
Ships
.
But
in
time
of
Fight
,
they
generally
lay
away
their
head
from
the
Fleet
,
and
keep
their
lead
,
and
if
they
meet
with
such
a
proportion
of
water
as
is
within
their
directions
,
they
are
to
give
such
signal
as
they
recieve
Orders
for
,
and
stand
off
from
the
danger
;
but
the
wilful
burning
of
any
Ship
or
Magazine-store
of
powder
,
Artic.
27.
Ship-boat
,
Ketch
,
Hoy
or
Vessel
,
or
Tackle
,
or
furniture
thereunto
belonging
,
not
appertaining
to
an
Enemy
or
Rebel
,
shall
be
punished
with
death
.
XXV
.
There
are
other
faults
often
committed
by
the
Crew
,
the
which
the
Law
does
punish
,
as
a
quarrelling
a
Ship-board
,
using
provoking
speeches
tending
to
make
quarrel
or
disturbance
[
](A51124-e48070-b)a
a
Artic.
23.
,
murthers
,
wilful
killing
of
any
Man
[
](A51124-e48080-b)b
b
Art.
28.
,
Robbery
,
Theft
[
](A51124-e48090-b)c
c
Art.
29.
,
and
the
unnatural
sin
of
Sodomy
and
Buggery
,
committed
with
Man
or
Beast
,
all
which
,
and
all
other
faults
and
misdemeanors
are
punished
with
death
,
or
according
to
the
Laws
and
Customs
in
such
cases
used
at
Sea
[
](A51124-e48110-b)d
d
Art
33.
;
and
when
any
Persons
have
committed
any
of
the
offences
particularly
mentioned
in
the
Stat.
of
13
Car.
2.
Cap.
9.
and
contained
in
the
Articles
or
any
others
,
and
for
the
which
they
shall
be
committed
,
the
Provost
Marshal
is
to
take
them
into
custody
,
and
not
suffer
them
to
escape
[
](A51124-e48160-b)e
e
Art.
31.
,
and
all
Officers
and
Sea-Men
are
to
be
aiding
and
assisting
to
Officers
for
the
detecting
and
apprehending
of
offenders
.
Touching
the
punishments
that
the
Roman
Generals
used
to
their
Souldiers
,
when
they
were
at
a
Court
Marshal
found
faulty
,
they
were
commonly
proportioned
according
to
the
offence
committed
:
Sometimes
they
were
easy
,
of
which
sort
were
those
which
only
brand
the
Souldier
with
disgrace
;
others
were
those
that
came
heavy
on
the
Person
or
Body
;
to
the
first
belonged
a
shameful
discharging
or
casheering
[
](A51124-e48200-b)f
f
Ignominiosa
dimissio
.
a
Mariner
or
Souldier
from
the
Army
,
and
generally
lookt
on
as
a
matter
of
great
disgrace
,
which
punishment
remains
at
this
day
for
offences
as
well
in
England
,
as
in
most
parts
:
A
second
was
by
stopping
of
their
[
](A51124-e48220-b)*
*
Fraudat●…
stipendii
.
Rosin
.
Ant.
Rom.
lib.
10.
c.
25.
Pay
,
such
Souldiers
which
suffered
this
kind
of
mulct
,
were
said
to
be
Aere
diruti
,
for
that
Aes
illud
diruebatur
in
fiscum
,
non
in
Militis
sacculum
;
the
which
is
and
may
at
this
day
be
inflicted
,
especially
on
such
as
shall
wilfully
spoil
their
Arms
,
and
the
like
sort
of
offences
:
A
third
was
a
Sentence
enjoyn'd
on
a
Souldier
to
resign
[
](A51124-e48250-b)†
†
Censeo
Hastaria
.
up
his
Spear
,
for
as
those
which
had
atchieved
any
Noble
Act
,
were
for
their
greater
Honour
,
Hasta
pura
donati
,
so
others
for
their
greater
disgrace
were
inforc'd
to
resign
up
that
Military
Weapon
of
Honour
:
A
fourth
sort
of
punishment
was
,
that
the
whole
Cohort
,
which
had
lost
their
Banners
or
Standards
,
either
in
the
Fields
or
at
Sea
,
were
inforc'd
to
eat
nothing
but
Barley
bread
,
being
deprived
of
their
allowance
in
Wheat
,
and
every
Centurion
in
that
Cohort
had
his
Souldiers
belt
or
girdle
taken
from
him
,
which
was
no
less
disgrace
among
them
then
the
degrading
(
among
us
)
one
of
the
Order
of
the
Garter
:
for
petty
faults
they
generally
made
them
stand
bare-footed
before
the
Generall's
Godwin
Antiq.
Rom.
fo.
127
,
Pavilion
,
with
long
poles
of
10
foot
in
length
in
their
hands
,
and
sometimes
in
the
sight
of
the
other
Souldiers
to
walk
up
and
down
with
turfes
on
their
necks
,
sometimes
carrying
a
beam
like
a
fork
upon
their
shoulders
round
the
Town
;
the
last
of
their
punishments
,
was
,
the
opening
of
a
Vein
or
letting
them
blood
in
one
of
their
arms
,
which
generally
was
inflicted
on
them
who
were
too
hot
and
bold
.
The
great
Judgments
were
to
be
beaten
with
rods
,
which
was
generally
inflicted
on
those
who
had
not
discharged
their
Office
,
in
the
sending
about
that
Table
called
Tessera
,
wherein
the
Watch-word
was
written
,
or
those
who
had
itoln
any
thing
from
the
Camp
,
or
that
had
forsaken
to
keep
Watch
,
or
those
that
had
born
any
false
witness
against
their
Fellows
,
or
had
abused
their
Bodies
by
Women
,
or
those
that
had
been
punished
thrice
Lips.
de
milit.
Rom.
lib.
5.
Dial.
18.
for
the
same
fault
,
sometimes
they
were
sold
for
bond-Slaves
,
beheaded
and
hang'd
:
But
the
last
which
was
in
their
mutinies
,
the
punishment
fell
either
to
Lots
,
as
the
tenth
,
twentieth
,
and
sometimes
the
hundredth
Man
,
who
were
punished
with
Cudgelling
,
and
with
these
punishments
those
in
England
have
a
very
near
affinity
,
as
cleansing
the
Ship
,
loosing
pay
,
ducking
in
the
Water
,
beaten
at
the
Capsons
head
,
hoisted
up
the
main
yard
end
with
a
shovel
at
their
back
,
hang'd
,
and
shot
to
death
,
and
the
like
.
XXVI
.
The
Admiral
may
grant
Commissions
to
inferior
Vice-Admirals
or
Commanders
in
chief
of
any
Squadron
of
Ships
,
to
assemble
Court
Martials
,
consisting
of
Commanders
and
Captains
,
for
the
Tryal
and
Execution
of
any
of
the
offences
or
misdemeanours
which
shall
be
committed
at
Sea
;
but
if
one
be
attainted
before
them
,
the
same
works
no
corruption
of
Blood
or
forfeiture
of
●…7
H.
6.
fo.
4
,
〈◊〉
.
Lands
,
nor
can
they
try
any
Person
that
is
not
in
actual
Service
and
pay
in
His
Majesty's
Fleet
and
Ships
of
War
.
But
in
no
case
where
there
is
Sentence
of
death
,
can
the
execution
of
the
same
be
without
leave
of
the
Lord
〈◊〉
13
Car.
2.
cap.
9.
Admirall
,
if
the
same
be
committed
within
the
narrow
Seas
;
yet
this
does
not
extend
to
mutiny
,
for
there
in
that
case
the
party
may
be
executed
presently
.
All
offences
committed
in
any
voyage
beyond
the
narrow
Seas
where
Sentence
of
death
shall
be
given
upon
any
of
the
aforesaid
offences
,
execution
cannot
be
awarded
nor
done
,
but
by
the
Order
of
the
Commader
in
chief
of
that
Fleet
or
Squadron
,
wherein
Sentence
of
death
was
passed
.
XXVII
.
The
Judge
Advocate
hath
power
given
by
the
words
of
the
Statut
,
to
administer
an
Oath
in
order
to
the
Examination
or
Tryal
of
any
of
the
offences
mentioned
in
the
Stat.
of
13
Car.
2.
Cap.
9.
and
in
his
absence
,
the
Court
Marshall
has
power
to
appoint
any
other
Person
to
administer
an
Oath
to
the
same
purpose
.
This
Statut
enlarges
not
the
power
and
and
jurisdiction
of
the
Admiral
any
further
,
then
only
to
the
above
mentioned
offences
in
no
case
whatsoever
,
but
leaves
his
authority
as
it
was
before
the
making
of
this
Statut.
Nor
does
it
give
the
Admiral
any
other
or
further
power
to
enquire
and
punish
any
of
the
above-mentioned
offences
,
unless
the
same
be
done
upon
the
main
Sea
,
or
in
Ships
or
Vessels
,
being
and
hovering
in
the
main
stream
of
great
Rivers
,
only
beneath
the
Bridges
of
the
same
Rivers
nigh
to
the
Seas
,
within
the
[
](A51124-e48650-b)*
*
*
15
R.
〈◊〉
.
cap.
3.
jurisdiction
of
the
Admiralty
,
and
in
no
other
place
whatsoever
.
XXVIII
.
As
Souldiers
and
Mariners
for
the
honour
and
safety
of
the
Realm
,
do
expose
dayly
their
lives
and
limbs
,
so
the
Realm
hath
likewise
provided
for
them
,
in
case
they
survive
and
should
prove
disabled
or
unfit
for
Service
,
a
reasonable
and
comfortable
maintainance
to
Stat.
43
Eliz.
cap.
3.
keep
them
;
the
which
the
Justices
of
the
Peace
have
power
yearly
in
their
Easter
Sessions
to
raise
by
way
of
a
Taxe
,
for
a
weekly
relief
of
maimed
Souldiers
and
Mariners
.
The
maimed
Souldier
or
Mariner
must
repair
to
the
Treasurer
of
the
County
where
he
was
prest
,
if
he
be
able
to
travel
;
if
he
was
not
,
then
to
the
Treasurer
of
the
County
where
he
was
born
,
or
where
he
last
dwelt
by
the
space
of
three
Years
;
but
if
he
proves
unable
to
travel
then
to
the
Treasurer
of
the
County
where
he
lands
.
He
must
have
a
Certificate
under
the
chief
Commander
,
or
of
his
Captain
,
containing
the
particulars
of
his
hurt
and
Services
.
The
allowances
to
one
not
having
been
an
Officer
,
is
not
to
exceed
ten
pound
per
annum
;
-
Under
a
Lievtenant
—
15
,
-
A
Lievtenant
—
—
20.
Till
the
Mariner
arrives
at
his
proper
Treasurer
,
they
are
to
be
relieved
from
Treasurer
to
Treasurer
,
and
when
they
are
provided
for
,
if
any
of
them
shall
go
a
begging
or
couterfeit
Certificats
,
they
shall
suffer
as
common
rogues
,
and
loose
their
Pensions
:
Over
and
above
this
provision
,
His
Sacred
Majesty
hath
provided
a
further
supplyment
for
his
maimed
Mariners
and
Souldiers
disabled
in
the
Service●…
,
which
is
issued
out
of
the
Chest
at
Chatham
,
and
constantly
and
duely
pay'd
them
;
and
for
his
Commanders
,
Officers
and
others
that
served
aboard
,
he
,
of
his
Royal
Bounty
,
hath
given
to
those
that
bear
the
character
of
War
,
and
purchase
the
same
by
their
fidelity
and
valour
,
a
pious
Bounty
called
Smart-Money
,
over
and
above
their
Pay
.
XXIX
.
The
wisedom
of
the
Romans
was
mightily
to
be
commended
,
in
giving
of
Triumphs
to
their
Generals
Vide
Salmuth
in
〈◊〉
Leg.
rerum
depred
.
C●…de
Triumph
.
Dion
.
〈◊〉
〈◊〉
lib.
〈◊〉
.
after
their
returns
,
of
which
they
had
various
sorts
;
but
the
greatest
was
when
the
General
rid
in
his
Chariot
,
adorned
and
crowned
with
the
Victorious
Laurel
,
the
Senators
with
the
best
of
the
Romans
meeting
him
,
his
Souldiers
,
(
especially
those
who
by
their
valoor
had
purchast
Coronets
,
Chains
and
other
Ensigns
of
reward
for
their
conduct
and
courage
)
following
him
:
but
what
alas
!
could
these
to
the
more
sober
represent
,
any
other
but
horror
since
,
the
centers
from
whence
the
lines
were
drawn
,
could
afford
nothing
but
death
,
slaughter
and
desolation
on
those
who
had
the
Souls
and
Faces
of
Men
;
and
if
it
were
possible
that
that
Blood
which
by
their
Commissions
was
drawn
from
the
sides
of
Mankind
,
and
for
which
they
made
those
Triumphs
could
have
been
brought
to
Rome
,
the
same
was
capable
of
making
of
a
Source
great
as
their
Tiber
;
but
Policy
had
need
of
all
its
Stratagems
to
confound
the
Judgement
of
a
Souldier
by
excessive
Praises
,
Recompenses
and
Triumphs
,
that
so
the
opinion
of
wounds
and
wooden-legs
might
raise
in
him
a
greater
esteem
of
himself
,
then
if
he
had
an
entire
body
.
To
allure
others
something
also
must
be
found
out
handsomly
,
to
cover
wounds
and
affrightments
of
death
;
and
without
this
Caesar
in
his
Triumph
,
with
all
his
Garlands
and
Musick
,
would
look
but
like
a
victime
:
but
what
sorrow
of
heart
is
it
to
see
passionate
Man
,
a
ray
of
Divinity
,
and
the
joy
of
Angels
,
scourged
thus
with
his
own
Scorpions
?
and
so
fondly
to
give
himself
alarums
in
the
midst
of
his
innocent
contentments
,
as
they
of
Holland
but
yesterday
in
the
midst
of
their
traffique
and
recreations
did
(
by
the
denying
His
Sacred
Majesty
his
Right
,
even
that
right
the
which
his
Ancestors
had
with
so
much
glory
acquired
,
)
pul
on
their
heads
a
War
,
which
that
mighty
Re●…publique
by
their
greatest
industry
and
wisedom
hath
not
been
yet
able
to
quell
(
the
colerickness
of
War
(
whereby
the
lustfull
heat
of
so
many
hearts
is
redoubled
)
stirs
up
the
lees
of
Kingdoms
and
States
,
as
a
tempest
doth
weeds
and
slimy
seedment
from
the
bottom
to
the
top
of
the
Sea
,
which
afterwards
driven
to
the
shoare
,
together
with
its
foam
,
there
coverts
Pearls
and
pretious
Stones
:
and
though
the
Canon
seems
mad
by
its
continual
firing
,
and
the
Sword
reeking
hot
by
its
dayly
slaughters
,
yet
no
good
Man
doubts
but
they
even
they
will
wheather
out
those
storms
,
&
in
the
midst
of
those
mercyless
instruments
,
find
an
inculpatatutela
,
who
love
justice
,
exercise
charity
,
and
put
their
trust
in
the
Great
Governour
of
all
things
.
CHAP.
XV.
Of
Salutations
by
Ships
of
War
,
and
Merchant
Men.
-
I.
Of
salutation
,
how
esteem'd
by
some
in
this
later
age
.
-
II.
Of
the
same
pay'd
in
all
ages
as
an
undoubted
marke
of
Soveraignty
of
this
Empire
.
-
III.
Of
those
Seas
where
this
right
is
to
be
pay'd
to
the
King
of
England's
Flag
.
-
IV.
In
what
manner
the
King
of
England
holds
this
Right
,
and
by
whom
to
be
pay'd
.
-
V.
Of
those
that
shall
neglect
or
refuse
to
do
the
same
,
how
punisht
and
dealt
withall
.
-
VI.
Where
his
Majesty
of
Great
Britain's
Ships
are
to
strike
their
Flagg
,
and
where
not
.
-
VII
.
Of
the
saluting
of
Ports
,
Castles
,
Forts
,
how
the
same
is
to
be
done
,
and
on
what
terms
.
-
VIII
.
Of
Ships
of
War
their
saluting
their
Admiral
and
Commanders
and
Chief
.
-
IX
.
Of
Ambassadors
,
Dukes
,
Noblemen
,
and
other
Persons
of
quality
,
how
to
be
saluted
coming
aboard
and
landing
.
-
X.
The
Admirals
of
any
forraign
Nation
,
if
met
withall
,
how
to
be
saluted
and
answered
.
-
XI
.
Of
the
Men
of
War
or
Ships
of
Trade
of
any
foraign
Nation
,
saluting
his
Majestie's
Ship
of
war
,
how
to
be
answered
.
-
XII
.
Of
the
saluting
of
his
Majestie's
own
Forts
and
Castles
,
and
when
the
salute
cease
.
-
XIII
.
Of
the
objection
that
seems
to
be
made
against
the
necessity
of
such
Salutations
.
-
XIV
.
Why
Kingdoms
and
States
attributes
the
effects
not
the
cause
of
Rights
to
prescription
.
-
XVI
.
That
Kingdoms
and
Reipubliques
ought
not
to
be
disordered
for
the
defect
of
Right
,
in
presumption
,
and
the
objection
in
the
13
§
.
answer'd
.
-
XVII
.
The
inconveniency
of
war
,
and
the
justifique
causes
of
the
same
.
-
XVIII
.
Of
the
causes
not
justifiable
in
war
.
-
XIX
.
Of
Moderation
,
and
the
utility
of
Faith
and
Peace
.
I.
AS
reforming
Powers
in
all
Ages
,
made
it
their
chiefest
work
to
take
down
the
great
Colossues
,
and
whatever
else
might
be
ombragious
in
the
excrescences
of
Civile
Pompe
;
so
we
had
some
in
this
Age
,
who
,
by
a
new
art
of
levelling
,
thought
nothing
could
be
rightly
mended
,
and
they
planted
unless
the
whole
piece
ravelled
out
to
the
very
end
,
and
that
all
intermediate
greatness
between
Kings
and
them
,
should
be
crumbled
even
to
the
dust
,
where
all
lying
level
together
as
in
the
first
Chaos
,
spades
ought
even
to
be
put
into
the
hands
of
those
who
were
heretofore
adorned
with
Scepters
,
all
outward
tokens
of
honour
and
esteem
,
which
even
from
the
first
institution
of
Society
seemed
by
an
uninterrupted
stream
to
be
continued
down
to
posterity
,
(
even
amongst
the
most
barbarous
Nations
)
was
by
them
totally
deny'd
;
the
Hand
,
the
Hat
,
the
Knee
(
being
no
other
but
outward
signs
of
an
inward
respect
)
being
esteemed
equal
with
Idolatry
;
but
that
unhappy
brood
,
to
whom
whatsoever
was
crooked
seemed
streight
,
and
what
was
dark
to
them
appears
light
,
are
now
not
to
be
accounted
Men
,
with
whom
the
question
may
admit
of
a
debate
whether
Salutation
is
innocent
,
necessary
and
praise-worthy
,
since
nothing
of
reason
can
be
found
in
the
foundation
of
their
Religion
,
Honesty
or
Conscience
.
—
Therefore
this
Discourse
is
directed
to
Men
:
II.
First
,
it
is
evident
by
what
hath
been
said
,
that
the
British
Seas
before
the
Roman
Conquest
,
ever
belonged
to
the
Isle
of
Great
Britain
,
they
alwaies
claiming
and
enjoying
the
sole
Dominion
and
Soveraignty
of
the
same
,
which
afterwards
accrued
to
the
Romans
by
Conquest
,
and
from
them
translated
with
its
Empire
to
the
succeeding
Saxon
,
Danish
and
Norman
Successors
,
and
in
all
the
Reigns
of
those
Princes
there
was
alwaies
some
markes
of
Soveraignty
pay'd
,
wherein
the
right
of
the
same
was
evinc't
and
acknowledged
.
III.
Now
those
Seas
which
this
Salutation
or
Duty
of
the
Flagg
are
to
be
pay'd
,
are
the
four
circumjacent
Seas
,
in
which
all
Vessels
whatsoever
are
to
pay
that
Duty
,
according
to
the
Custom
of
the
same
,
and
the
Ordinance
of
King
John
:
How
far
this
Right
is
payable
,
appears
in
the
fourth
Article
in
the
Peace
made
lately
between
His
Majesty
and
the
States
General
of
the
United
Provinces
,
in
these
words
:
—
That
whatever
Ships
or
Uessels
belonging
to
the
said
United
Provinces
,
whether
Uessels
of
War
or
other
,
or
whether
single
or
in
Fl●…ts
,
shall
m●…t
in
any
of
the
Seas
from
Cape
Finisterre
to
the
middle
point
of
the
Land
Van
Staten
in
Norway
,
with
any
Ships
or
Uessels
belonging
to
his
Majesty
of
Great
Britain
,
whether
those
Ships
be
single
or
in
great
number
,
if
they
carry
his
Majesty
of
Great
Britain
'
s
Flagg
or
Jack
,
the
aforesaid
Dutch
Uessels
or
Ships
shall
strike
their
Flagg
and
lower
their
Top-sail
,
in
the
same
manner
,
and
with
as
much
respect
as
hath
at
any
time
,
or
in
any
place
,
been
formerly
practised
towards
any
Ships
of
his
Majesty
of
Great
Britain
,
or
his
Predecessors
by
any
Ships
of
the
States
General
,
or
their
Predecessors
.
IV.
Now
,
his
Majesty
holds
not
this
Salutation
or
Respect
,
by
virtue
of
the
League
or
of
the
Article
,
but
as
the
same
is
a
Right
inherent
to
the
Empire
of
Great
Britain
;
and
therefore
in
the
first
part
of
the
Article
it
is
declared
in
these
words
:
—
That
the
aforesaid
States
General
of
the
Unithed
Provinees
,
in
due
acknowledoment
on
their
part
of
the
King
of
Great
Britain
'
s
RIGHT
,
to
have
his
Flagg
respected
in
the
Seas
hereafter
mentioned
,
shall
and
do
declare
,
and
agree
—
Now
this
Right
extends
and
subjects
all
Nations
whatsoever
that
shall
pass
through
those
Seas
,
and
between
those
places
meeting
with
any
of
his
Majesty's
Ships
of
War
,
bearing
his
Flagg
,
Jack
,
or
Cognizance
of
Service
,
to
strike
their
Top-sail
,
and
take
in
their
Flagg
,
in
acknowledgement
of
His
Majesty's
Soveraignty
in
those
Seas
,
and
if
any
shall
refuse
to
do
it
,
oroffer
to
resist
,
they
may
be
compelled
vis
manu
&
forti
,
for
his
Majesty's
Honour
is
by
no
means
to
receive
the
least
diminition
.
V.
If
therefore
any
of
his
Majesty's
Subjects
should
be
so
negligent
or
forgetful
to
pay
that
obeissance
,
when
it
may
be
done
without
losse
of
the
Voyage
,
they
are
to
be
seized
on
,
and
brought
to
the
Flagg
,
to
answer
the
contempt
,
or
else
the
Commander
may
remit
the
Name
of
the
Ship
,
Commander
or
Master
,
as
also
the
place
from
whence
,
and
the
Port
to
which
she
shall
be
bound
to
the
Admiral
;
however
before
she
is
dismist
,
she
must
pay
the
charge
of
the
shot
,
that
her
negligence
or
forgetfulness
occasioned
,
and
afterwards
may
be
indicted
for
the
same
,
and
severely
punished
.
VI.
In
His
Majesty's
Seas
,
none
of
his
Ships
of
War
are
to
strike
to
any
,
and
that
in
no
other
part
no
Ship
of
His
Majesty
is
to
strike
her
Flagg
or
Top-sail
to
any
Forraigner
,
unless
such
forraign
Ship
shall
have
first
struck
,
or
at
the
same
time
have
strike
her
Flagg
or
Top-sail
to
his
Majesty's
Ships
.
VII
.
But
if
any
of
the
King
of
Englands
Ships
of
War
shall
enter
into
the
Harbour
of
any
Forraign
Prince
or
Sate
,
or
into
the
r●…ade
within
shot
of
Canon
of
some
Fort
or
Castle
,
yet
such
respect
must
be
pay'd
,
as
is
usually
there
expected
,
and
then
the
Commander
is
to
send
a
shore
,
to
inform
himself
what
return
they
will
make
to
this
Salute
;
and
that
if
he
hath
received
good
assurance
,
that
his
Majesty's
Ships
shall
be
answer'd
Gun
for
Gun
,
the
Port
is
to
be
saluted
,
as
is
usuall
,
but
without
assurance
of
being
answered
by
an
equal
number
of
Guns
,
the
Port
is
not
to
be
saluted
:
And
yet
in
that
very
respect
before
the
Port
is
to
be
saluted
,
the
Captain
ought
to
inform
himself
,
how
Flaggs
(
of
the
same
quality
with
that
he
carrys
)
of
other
Princes
have
been
saluted
there
,
the
which
is
peremptorily
to
be
insisted
on
,
to
be
saluted
with
as
great
respect
and
advantage
as
any
Flagg
(
of
the
same
quality
with
the
Captains
)
of
any
other
Prince
hath
been
saluted
in
that
Place
.
VIII
.
A
Captain
of
a
Ship
of
the
second
rate
,
being
neither
Admirall
,
Vice-Admiral
,
nor
Reer-Admiral
,
at
his
first
coming
and
saluting
his
Admiral
or
Commander
in
chief
,
is
to
give
11
Pieces
,
his
Vice-Admiral
nine
,
and
his
Reer-Admiral
seven
,
and
the
other
proportionably
less
by
two
,
according
to
their
Rancks
;
but
the
Commander
or
Captain
of
a
Ship
is
not
to
salute
his
Admiral
or
Commander
in
chief
,
after
he
hath
done
it
once
,
except
he
hath
been
absent
from
the
Flagg
two
Artic.
38.
Months
.
XI
.
When
a
Ship
of
the
second
rate
,
shall
carry
any
Ambassador
,
Duke
,
or
Nobleman
,
at
his
coming
aboard
,
he
is
to
give
eleven
Pieces
,
and
at
his
landing
fifteen
;
and
when
he
shall
carry
a
Knight
,
Lady
or
Gentleman
of
Quality
,
at
their
coming
aboard
he
is
to
give
seven
,
and
at
the
landing
eleven
;
and
the
other
Ships
are
to
give
less
by
two
,
according
to
their
Rancks
and
number
of
Ordinance
.
X.
When
an
Admiral
of
any
forraign
Nation
is
met
with
,
he
is
to
be
answered
with
the
like
number
by
all
the
Ships
he
shall
salute
,
if
a
Vice-Admiral
,
the
Admiral
is
to
answer
him
with
twelve
less
;
but
the
Vice-Admiral
and
Reer-Admiral
,
and
as
many
of
the
rest
as
he
shall
salute
,
shall
give
him
the
like
number
:
if
a
Reer-Admiral
,
then
the
Admiral
and
Vice-Admiral
,
to
answer
him
with
two
less
;
but
if
he
shall
salute
the
Reer-Admiral
or
any
other
,
they
are
to
answer
him
in
the
like
number
.
XI
.
When
a
Man
of
War
or
Merchant-Man
of
another
Nation
,
or
of
our
own
,
salute
any
of
the
King's
Ships
,
he
is
to
be
answer'd
by
two
less
.
XII
.
When
any
of
the
Captains
of
his
Majesty's
Ships
shall
have
occasion
to
salute
any
of
the
King's
Castles
,
he
is
to
give
two
Guns
less
then
they
are
directed
to
give
upon
saluting
their
Admiral
or
Commander
in
chief
,
as
aforesaid
:
But
this
extends
only
in
time
of
Peace
,
for
if
War
is
begun
,
no
Guns
ought
to
be
fired
in
Salutes
,
unless
to
the
Ships
or
Castles
of
some
forraign
Prince
or
State
in
Amity
.
XIII
.
Those
duties
or
obligations
being
laid
on
Commanders
,
they
consist
of
two
parts
,
the
one
is
that
antient
prescription
,
which
the
Crown
of
England
claims
by
virtue
of
the
Soveraignty
of
that
Empire
,
the
other
is
but
that
respect
,
which
is
pay'd
as
visible
marks
of
Honour
and
Esteem
,
either
to
Kingdoms
or
Persons
publique
or
private
,
to
whom
these
several
Commands
are
to
be
observed
;
and
yet
in
these
which
are
both
innocent
and
harmless
of
themselves
,
yet
we
wont
not
those
who
being
empty
,
of
all
that
may
be
called
good
,
want
not
malice
to
start
up
words
,
wherefore
should
the
lives
of
Men
,
even
Christian
Men
,
be
exposed
to
death
and
slaughter
for
shaddows
(
as
they
call
them
)
the
right
of
salutation
or
Complement
,
being
no
other
in
their
opinion
.
XIV
.
Admitting
therefore
that
the
evidence
of
original
Compacts
and
Rights
stand
at
such
remote
distances
from
us
,
that
they
are
hardly
discernable
,
and
that
the
principal
of
Civil
things
,
as
well
as
Natural
,
is
sought
for
in
a
Chaos
or
confusion
;
so
that
the
evidence
of
antient
facts
vestigia
nulla
retrorsum
,
there
being
no
infallible
markes
of
their
preexistence
(
one
step
doth
so
confound
and
obliterate
another
)
and
that
time
it self
is
but
an
imagination
of
our
own
and
intentional
not
a
reall
measure
for
actions
,
which
pass
away
concomitantly
with
that
measure
of
time
,
in
which
they
were
done
,
for
which
reason
we
talk
of
antient
things
,
but
as
blind
Men
do
of
Colours
:
Notwithstanding
prescription
is
supposed
by
most
to
hold
out
such
an
evidence
,
that
as
they
say
,
[
](A51124-e50010-b)*
*
Coke
Comm.
on
Littleton
,
fo.
25.
it
ought
to
silence
all
Counterpleas
in
all
Tribunals
,
and
by
the
present
allowance
which
is
indulged
to
it
,
it
either
proves
a
good
or
cleans
a
vitiated
title
;
and
this
Prerogative
in
the
Civil
constitution
of
the
World
hath
this
Power
in
the
Civil
constitution
of
the
World
,
and
for
quietness
sake
,
that
what
it
cannot
find
,
we
grant
it
a
power
to
make
.
XV.
Yet
if
we
examine
all
this
strictly
at
the
two
great
Tribunals
,
the
external
and
the
internal
,
and
arargue
the
jue
of
it
,
as
Statesmen
and
Lawyers
do
,
we
can
then
raise
the
argument
of
it
no
higher
in
the
external
or
temporal
Court
,
then
only
this
,
—
That
it
is
very
convenient
it
should
have
the
effects
of
Right
,
left
properties
and
dominion
of
things
should
be
uncertain
,
and
the
apparent
negligences
of
time
:
Owners
should
be
punished
,
and
controversies
have
a
speedy
end
:
States
looking
more
after
publique
repose
and
quiet
,
then
after
strict
virtue
;
and
more
after
those
things
which
are
ad
alterum
,
then
that
which
concerns
a
Mans
own
self
;
for
,
say
they
,
The
Gods
look
well
enough
after
their
own
injuries
,
States
Deorum
injuriae
Diis
Curae
.
meddle
not
so
much
with
great
prodigalities
,
as
in
petty
Larcenies
,
our
chiefest
Liberty
,
Priviledges
or
Prerogative
in
this
World
,
consisting
only
in
an
uncountroulable
Right
,
which
we
have
to
undo
our selves
,
if
we
please
.
Certainly
if
we
plead
at
the
other
Tribunal
,
as
conscientious
Lawyers
,
we
must
give
our
ultimate
resolution
,
out
of
that
Law
,
Quae
inciditur
non
aere
,
sed
animis
:
which
is
not
ingraved
in
Tables
of
brass
,
but
in
the
Tables
of
our
Souls
;
for
the
Rules
of
Law
tell
us
,
Quae
principio
vitiantur
ex
post
facto
,
reconvalescant
,
and
that
prescription
or
usu-caption
(
which
is
but
the
lapse
of
so
much
time
)
hath
the
power
to
make
Wrong
a
Right
;
yea
,
to
change
the
morality
of
an
action
,
and
turn
quantity
into
quality
:
upon
the
result
of
all
which
taking
for
granted
,
what
those
stubborn
people
do
hold
,
that
instead
of
being
a
right
,
or
a
certain
cause
or
proof
of
it
,
it
only
makes
a
shaddow
or
an
opinion
of
right
.
XVI
.
And
when
wehave
taken
those
people
by
the
hand
,
and
with
eagerness
run
with
them
to
the
very
bottom
and
end
of
the
line
,
and
there
find
nothing
,
we
are
but
in
Pompey's
astonishment
,
when
after
his
Conquest
of
Jerusalem
,
when
he
had
with
such
reverence
and
curiosity
visited
the
Sanctum
Sanctorum
,
and
found
nothing
there
but
a
paire
of
Candle-sticks
and
a
Chair
,
in
which
there
was
no
God
sitting
;
yet
for
all
this
mistake
,
he
would
not
(
as
Josephus
saith
)
disorder
or
rob
the
Temple
,
which
he
took
by
force
of
Armes
,
because
the
the
very
opinion
of
Religion
,
hath
something
of
Religion
.
(
which
made
Jacob
accept
of
Laban's
Oath
by
an
Idol
)
so
ought
not
we
for
defect
of
giving
the
causes
of
the
inception
of
Prescription
,
or
of
the
Right
in
Prescription
,
disorder
a
State
,
or
be
the
occasion
of
setting
of
two
Nations
at
enmity
;
nay
,
though
in
conscience
we
are
satisfy'd
that
it
contains
but
the
opinion
or
shaddow
of
Right
:
and
as
to
the
involving
the
lives
of
the
innocent
,
there
is
no
such
thing
in
the
matter
,
for
there
is
not
required
any
thing
which
they
do
not
owe
,
nor
are
they
designed
to
death
;
but
if
the
cause
be
such
,
that
they
that
are
innocent
must
perish
,
that
is
,
be
exposed
to
death
by
their
Rulers
,
because
they
obstinatly
will
not
yield
that
which
is
right
,
but
will
involve
the
lives
of
their
innocent
Subjects
by
force
,
to
defend
that
which
is
wrong
,
such
guilty
Governors
must
answer
for
the
defect
of
their
own
evil
actions
:
on
the
other
hand
,
there
can
be
no
doubt
made
,
but
he
that
hath
an
undoubted
right
,
being
a
Soveraign
,
the
Subjects
partake
in
the
same
,
and
the
indignity
offered
to
him
,
they
immediatly
become
partakers
in
the
suffering
,
for
the
satisfaction
of
which
they
may
,
yea
,
are
oblidged
both
by
the
Law
of
God
and
Nations
to
seek
reparation
(
if
their
Prince
shall
command
)
vis
manu
&
sorti
,
by
the
hazard
of
their
Blood
and
Lives
.
XVII
.
On
the
other
hand
,
as
War
introduces
the
greatest
of
evills
,
viz.
the
taking
away
of
Mens
lives
,
and
that
which
is
equivalent
to
life
;
so
right
Reason
and
Equity
tells
us
that
,
it
ought
not
to
be
undertaken
without
the
greatest
cause
,
which
is
the
keeping
of
our
lives
,
and
that
without
which
our
Lives
cannot
be
kept
;
or
if
they
should
be
kept
,
yet
they
would
not
be
of
any
value
to
us
,
seeing
there
may
be
a
life
worse
then
death
,
even
Captivity
;
wherefore
as
we
are
forbidden
to
go
to
Law
for
a
little
occasion
,
so
we
are
not
to
go
to
War
,
but
for
the
greatest
:
Now
those
things
that
are
equivalent
to
a
Mans
life
,
are
such
whom
Almighty
God
appointed
the
same
equall
punishment
as
well
as
to
those
of
murderers
,
and
such
as
were
breakers
into
Houses
,
breakers
of
Marriage
Fidelity
,
Publishers
of
false
Religion
,
and
those
who
rage
in
unnaturall
lusts
,
and
the
like
.
However
,
before
Mens
Persons
or
Goods
are
to
be
invaded
by
War
,
one
of
these
three
conditions
is
requisite
.
1.
Necessity
,
according
to
the
tacite
contract
in
the
first
dividing
of
Goods
,
as
hath
been
already
observed
.
2.
A
Debt
.
3.
A
Mans
ill
merits
,
as
when
he
doth
great
wrong
or
takes
part
with
those
who
do
it
.
Against
which
If
any
thing
is
committed
,
War
may
be
commenc't
,
nor
is
the
same
repugnant
to
the
Laws
of
Nature
;
that
is
whether
the
thing
may
be
done
not
unjustly
,
which
hath
a
necessary
repugnance
to
the
rational
and
social
Nature
;
among
the
first
principals
of
Nature
,
there
is
nothing
repugnant
unto
War
;
on
the
other
hand
there
is
much
in
favour
of
it
,
for
both
the
end
of
War
,
the
conservation
of
Life
and
Members
,
and
the
keeping
and
acquiring
of
things
usefull
unto
Life
is
most
agreable
to
those
principalls
:
And
if
need
be
to
use
force
to
that
purpose
is
not
disagreable
,
since
every
Living
Ulpian
.
Leg.
1.
Sect.
vim.
vi
.
D.
de
vi
,
&
vi
arma
.
thing
hath
by
the
gift
of
Nature
strength
to
the
end
it
may
be
able
to
help
and
defend
it self
;
besides
reason
and
the
Nature
of
Society
inhibits
not
all
force
,
but
that
which
is
repugnant
to
Society
,
that
is
,
which
depriveth
another
of
his
right
;
for
the
end
of
Society
is
,
that
every
one
may
enjoy
his
own
,
this
ought
to
be
and
would
have
been
;
though
the
Dominion
and
property
of
possessions
had
not
been
introduced
for
life
members
and
liberty
,
would
yet
be
proper
to
every
one
;
&
therefore
without
injury
could
not
be
invaded
by
another
,
to
make
use
of
what
is
common
,
and
spend
as
much
as
may
suffice
nature
,
would
be
the
right
of
the
occupant
,
which
right
,
none
could
without
injury
take
away
.
And
this
is
proved
by
that
Battle
of
Abraham
with
the
four
Kings
,
who
took
Arms
without
any
Commission
from
GOD
,
and
yet
was
approved
by
him
;
therefore
the
Law
of
Nature
was
his
warrant
,
whose
Wisedom
was
no
less
emineut
then
his
Sanctity
,
even
by
the
report
of
Heathens
,
Berosus
and
Orpheus
;
nor
is
the
same
repugnant
to
the
Hebrew
Law
or
Gospell
,
as
the
same
is
most
excellently
proved
by
the
Incomparable
Grotius
.
[
](A51124-e50380-b)*
*
De
Jure
Belli
ac
Pacis
lib.
1.
cap.
1.
XVIII
.
On
the
other
hand
,
the
fear
of
uncertain
danger
,
as
building
of
Forts
,
Castles
and
Ships
,
and
the
like
,
though
the
former
be
on
Frontiers
,
the
refusing
of
Wives
(
when
others
may
be
had
)
the
changing
of
Countreys
either
barren
or
Morish
,
for
more
fertile
or
healthfull
,
which
may
justly
be
done
:
as
the
case
of
the
Old
Germans
,
as
Tacitus
relates
;
so
likewise
to
pretend
a
Tittle
to
a
Land
because
it
was
never
found
out
or
heard
of
before
,
that
is
if
the
same
be
held
by
a
People
that
are
under
a
Government
;
nay
,
though
the
Government
be
wicked
or
think
amiss
of
GOD
,
or
be
of
a
dull
wit
;
for
invention
is
of
those
things
that
belong
to
none
,
for
neither
is
Moral
Virtue
or
Religious
,
or
Perfection
of
Understanding
required
to
Dominion
;
Victor
de
Ind.
nel
.
1.
n.
31.
〈◊〉
but
yet
if
a
new
Place
or
Land
shall
be
discovered
,
in
which
are
a
People
altogether
destitute
of
the
use
of
Reason
,
such
have
no
Dominion
,
but
out
of
Charity
only
is
due
unto
them
what
is
necessary
for
life
;
for
such
are
accounted
as
Infants
or
Mad-Men
,
whose
right
or
property
is
transferred
,
that
is
the
use
of
the
same
,
according
to
the
Laws
of
Nations
,
in
such
case
a
charitable
War
may
be
commenc't
.
Victor
de
Jure
Belli
n.
5
,
6
,
7
,
8.
XVIII
.
To
prevent
all
the
sad
calamities
that
must
inevitably
follow
the
ungoverned
hand
in
War
,
Faith
must
by
all
means
be
laboured
for
;
for
by
that
,
not
only
every
Common-wealth
is
conserved
,
but
also
that
greater
Society
even
of
Nations
,
that
once
being
taken
away
,
then
farewell
Commerce
,
for
that
must
be
then
taken
away
from
Man
;
for
Faith
is
the
most
Sacred
thing
that
is
seated
in
the
breast
of
Man
,
and
is
so
much
more
religiously
to
be
kept
by
the
Supream
Rulers
of
the
World
;
by
how
much
more
they
are
exempted
from
the
punishment
of
their
sins
here
then
other
Men
,
take
away
Faith
,
and
then
Man
to
Man
,
would
be
as
Mr.
Hobbs
observes
,
even
wolves
;
and
the
more
are
Kings
to
embrace
it
,
first
for
Conscience
,
and
then
for
Faith
and
Credit
sake
,
upon
which
depends
the
authority
of
their
Government
.
The
Ambassadors
of
Justinian
,
Procopius
Persic
.
2.
addressed
their
Seepch
to
Chosroes
after
this
manner
,
Did
we
not
see
yout
here
with
our
own
eyes
,
and
pronounce
these
words
in
your
ears
,
we
should
never
have
believed
that
Chosroes
the
Son
of
Cabades
,
would
bring
his
Army
,
and
enter
forceably
into
the
Roman
bounds
,
contrary
to
his
League
,
the
only
hope
left
to
those
that
are
afflicted
with
War
;
for
what
is
this
,
but
to
change
the
Life
of
Men
into
the
life
of
wild
Beasts
?
take
away
Leagues
,
and
there
will
be
eternall
wars
,
and
wars
without
end
will
have
this
effect
to
put
Men
besides
themselves
,
and
divest
them
of
their
Nature
.
If
then
a
safe
Peace
may
be
had
,
it
is
well
worth
the
releasing
of
all
or
many
of
the
injuries
,
losses
and
charges
;
according
to
that
in
Aritotle
,
Better
it
is
to
yield
some
of
our
goods
to
those
that
are
more
potent
,
then
contend
with
them
,
and
loose
all
:
for
the
common
chances
of
war
must
be
considered
,
which
if
so
,
the
scope
of
the
principall
part
of
this
First
Book
may
be
avoided
,
and
we
let
into
that
of
Traffique
and
Commerce
.
The
end
of
the
First
Book
.
CHAP.
I.
Of
the
various
Rights
and
Obligations
of
Owners
and
Partners
of
Ships
in
cases
private
.
-
I.
Of
Navigation
in
general
.
-
II.
Of
Owners
their
several
Powers
over
those
Vessels
they
are
Partners
in
.
-
III.
Where
Ships
are
obliged
to
make
a
Voyage
before
they
can
be
sold
;
and
what
may
be
done
when
part
protest
against
a
Voyage
.
-
IV.
The
Master
how
brought
in
by
the
Owners
,
and
the
reason
why
in
such
a
manner
.
-
V.
Where
the
Owners
ought
to
be
repaired
for
the
Damages
of
the
Master
.
-
VI.
Where
Ships
broke
in
pieces
determine
the
Partnership
as
to
the
Vessel
;
and
where
not
.
-
VII
.
Where
a
Ship
shall
be
the
Builders
,
and
where
onely
his
whose
Materials
she
was
erected
with
.
-
VIII
.
Where
Property
of
the
Vessel
altered
changes
not
that
of
the
Boat
.
-
IX
.
A
Ship
for
the
act
of
Pyracy
becomes
forfeited
;
yet
if
bona
fide
sold
,
where
the
Property
may
be
questioned
.
-
X.
Moneys
borrowed
by
the
Master
,
where
the
same
obliges
the
Owners
,
and
where
not
.
-
XI
.
Where
he
that
obtains
an
unlawful
possession
of
a
Ship
,
shall
answer
the
full
Freight
to
the
Owners
.
-
XII
.
And
where
the
Owners
shall
have
their
Freight
though
they
l●…ss
their
Lading
.
I.
IN
the
precedent
Book
having
observed
something
of
the
Rights
of
Persons
and
of
Things
in
a
state
of
Nature
,
and
how
necessarily
they
came
at
first
to
be
appropriated
,
and
how
equitably
they
are
now
continued
in
the
possession
of
those
to
whom
they
are
consigned
by
the
donation
of
others
,
and
maintained
or
destroyed
by
the
equity
of
those
various
Lawes
which
rules
and
governs
them
,
all
which
is
justified
by
the
Scripture
it self
;
It
may
not
now
seem
improper
to
examine
the
private
causes
changing
the
same
,
and
of
the
contingencies
and
advantages
that
wait
on
that
which
we
properly
call
Commerce
.
The
Great
Creator
no
sooner
had
finished
his
Mighty
Work
,
and
given
Man
that
Dominion
which
he
now
enjoyes
as
well
over
the
Fish
in
the
Seas
,
as
the
Beasts
in
the
Field
,
he
was
not
forgetful
of
bestowing
on
him
those
things
which
were
necessary
for
the
government
and
support
of
the
same
,
creating
at
the
same
time
Trees
which
grow
as
it
were
spontaneously
into
Vessels
and
Canoes
,
which
wanted
nothing
but
launching
forth
to
render
them
useful
for
his
accommodation
,
which
afterwards
he
by
his
divine
Genius
(
inspired
by
that
Mighty
One
)
finding
Materials
,
hath
since
so
Compleated
and
Equipt
as
to
render
it
the
most
beautiful
and
stupendious
Creature
(
not
improperly
so
called
)
that
the
whole
World
can
produce
,
which
being
not
retarded
by
lett
of
Winds
,
or
other
contingent
Accidents
,
submits
it self
to
plow
the
unknown
paths
of
that
vast
Element
,
to
brave
all
Encounters
of
Waves
and
Rocks
,
to
fathom
and
survey
the
vast
emensities
of
the
very
World
it self
,
to
People
,
Cultivate
and
Civilize
uninhabited
and
Barbarous
Regions
,
and
to
proclaim
to
the
Universe
the
Wonders
of
the
Architect
,
the
Skill
of
the
Pilot
,
and
above
all
,
the
Benefits
of
Commerce
,
so
that
it
is
no
wonder
at
this
day
to
find
Nations
contending
who
should
surpass
each
other
in
the
Art
of
Navigation
,
and
to
Monopolize
if
possible
the
very
Commerce
and
Trade
of
the
World
into
their
hands
;
and
that
,
all
by
the
means
of
this
most
Excellent
Fabrick
.
II.
Hence
it
is
,
that
Ships
and
Vessels
of
that
kind
being
Aretin
.
post
Joan.
Faber
.
in
§.
item
exercitor
.
num.
3.
Instit.
de
oblig
.
quae
ex
quasi
delict.
originally
invented
for
use
and
profit
,
not
for
pleasure
and
delight
,
to
plow
the
Seas
,
not
to
lye
by
the
walls
,
to
supply
those
of
the
Mountains
as
well
as
those
on
the
Sea
Coasts
.
Therefore
upon
any
probable
design
the
major
part
of
the
Owners
may
even
against
the
consent
though
not
without
the
privity
and
knowledge
of
the
rest
,
Freight
out
their
Vessel
to
Sea
.
If
it
should
so
fall
out
that
the
major
part
protest
against
the
Voyage
,
and
but
one
left
that
is
for
the
Voyage
,
yet
the
same
may
be
effected
by
that
party
,
especially
if
there
be
equality
in
Partnership
.
III.
Owners
by
Law
can
no
wayes
be
obliged
to
Leg.
Fin.
C.
§.
pro
Socio
&
poss.
inst.
&
D.
cod
.
continue
their
paction
or
partnership
without
sundering
;
but
yet
if
they
will
sunder
,
the
Law
Maritime
requires
some
considerations
to
be
performed
before
they
can
so
do
.
And
therefore
if
the
Ship
be
newly
built
and
never
Leg.
in
hoc
parg
.
si
conveniat
pro
Sco.
yet
made
a
Voyage
,
or
is
newly
bought
,
she
ought
to
be
subject
to
one
Voyage
upon
the
common
outread
and
hazard
,
before
any
of
the
Owners
shall
be
heard
to
sunder
and
discharge
their
parts
.
If
it
falls
out
that
one
is
so
obstinate
that
his
consent
Bart.
&
Paul
.
in
leg
.
hec
distinctio
§.
cum
fundum
.
ff.
locat
.
cannot
be
had
,
yet
the
Law
will
enforce
him
either
to
hold
,
or
to
sell
his
proportion
;
but
if
he
will
set
no
price
,
the
rest
may
outrigg
her
at
their
own
costs
and
charges
,
and
whatsoever
Freight
she
earns
,
he
is
not
to
have
any
share
or
benefit
in
the
same
.
But
if
such
Vessel
happens
Such
Vessels
when
Freighted
our
against
the
grain
of
some
of
the
Part-Owners
,
the
same
is
under
such
Provisoes
,
Cautions
and
Limitations
as
the
Law
in
that
case
requires
.
to
miscarry
or
be
cast
away
,
the
rest
must
answer
him
his
part
or
proportion
in
the
Vessel
.
But
if
it
should
fall
out
that
the
major
part
of
the
Gloss.
Leg.
si
navis
&
juris
in
leg
.
utiq
.
para
.
culpae
dè
rei
undic
.
&
leg
.
arboribus
.
§.
navis
de
usu
fruct.
Owners
refuse
to
set
out
the
Vessel
to
Sea
,
there
by
reason
of
the
unequality
they
may
not
be
compelled
,
but
then
such
Vessel
is
to
be
valued
and
sold
;
The
like
where
part
of
the
Owners
become
deficient
or
unable
to
set
her
forth
to
Sea
.
IV.
The
Master
of
the
Vessel
is
elegable
by
the
part-Owners
not
by
the
majority
,
yet
he
that
is
most
able
is
Leg.
non
aliter
F.
de
usu
&
habi
.
to
be
preferred
;
The
wisdome
of
the
later
Ages
have
been
such
,
that
few
have
gone
out
in
that
condition
,
but
those
as
have
commonly
had
shares
or
parts
in
the
same
Vessel
.
In
the
preferring
therefore
of
a
Master
,
his
Ability
and
Honesty
is
to
be
considered
,
since
on
him
rests
the
charge
not
onely
of
the
Vessel
,
but
of
the
Lading
;
their
very
Actions
subiecting
the
Owners
[
](A51124-e51030-b)†
†
Co.
4.
Inst.
146.
to
answer
for
all
damage
that
shall
be
sustained
by
him
or
his
Marriners
,
Hill
23
Car.
2.
B.
R.
Morse
versus
Slue
.
be
it
in
Port
or
at
Sea
,
to
the
Lading
or
Goods
of
the
Merchants
or
Laders
,
and
they
are
made
lyable
as
well
by
the
Common
Lawes
[
](A51124-e51060-b)*
*
18
H.
6.
num.
52.
of
England
,
as
the
Law
Maritime
.
[
](A51124-e51080-b)†
†
Naut●…
Caup
.
Stab
.
leg
.
1.
Sect.
3.
V.
If
the
Master
commits
offences
either
negligently
or
wilfully
,
he
shall
be
responsible
over
to
his
Owners
for
the
repairation
of
damage
;
nor
are
they
bound
to
joyn
,
but
may
sever
and
sue
apart
as
well
by
the
Common
Law
[
](A51124-e51100-b)†
†
Hill.
26
,
27
Car
2.
in
B.
R.
Stanley
versus
Ayles
.
as
the
Maritime
;
So
likewise
if
the
Ship
hath
earned
Freight
,
and
part
of
them
receive
their
parts
,
the
rest
may
bring
their
Action
for
their
share
without
joyning
with
the
other
.
VI.
If
a
Ship
be
borke
up
or
taken
in
pieces
,
with
an
Leg.
inter●…stipulantem
in
§.
Sacram.
ff.
de
ver.
oblig
.
intent
to
convert
the
same
to
other
uses
;
if
afterwards
upon
advice
or
change
of
mind
,
she
be
rebuilt
with
the
same
Materialls
,
yet
this
is
now
another
,
and
not
the
same
Ship
;
especially
if
the
Keel
be
ript
up
or
changed
,
and
the
whole
Ship
be
once
all
taken
a
sunder
and
rebuilt
,
Leg.
quod
in
§.
sin
.
F.
de
leg
.
there
determines
the
Partnership
quoad
as
to
the
Ship
.
But
if
a
Ship
be
ript
up
in
parts
,
and
taken
a
sunder
in
parts
and
repaired
in
parts
,
yet
she
remains
still
the
same
Vessel
and
not
another
,
nay
though
she
hath
been
so
often
repaired
that
there
remains
not
one
stick
of
the
Original
Fabrick
.
VII
.
If
a
man
shall
repair
his
Ship
with
Plank
or
other
Leg.
Musius
ff.
de
rei
venic'
.
〈◊〉
Materialls
belonging
to
another
,
yet
the
Ship
maintaines
and
keeps
her
first
Owners
.
But
if
a
man
shall
take
Plank
and
Materialls
belonging
to
another
and
prepared
for
the
use
of
Shipping
,
and
with
ff.
lib.
6.
tit
.
〈◊〉
.
leg.
61.
them
build
a
Ship
,
the
property
of
the
Vessel
followes
the
Owners
of
the
Materialls
,
and
not
the
builder
.
But
if
a
man
cuts
down
the
trees
of
another
,
or
takes
Leg.
si
ex
meis
.
ff.
de
acq
.
rer.
dom.
&
leg
.
si
convenerit
§.
si
quis
sic
ff.
de
pign
.
act
.
Timber
or
Planks
prepared
for
the
erecting
or
repairing
of
a
dwelling
house
,
nay
though
some
of
them
are
for
Shipping
,
and
builds
a
Ship
,
the
property
follows
not
the
Owners
but
the
Builders
.
VIII
.
If
a
Ship
be
sold
together
with
her
tackle
,
furniture
,
apparel
,
and
all
other
her
instruments
thereunto
Leg.
Marcellus
in
§.
armamenta
ff.
de
re
vindicat
.
belonging
,
yet
by
those
words
the
Ships
boat
is
not
conveyed
,
but
that
remains
still
in
the
Owners
;
so
it
is
if
the
Ship
be
freighted
out
,
and
afterwards
at
Sea
,
she
commits
Piracy
,
the
Ship
is
forfeited
,
but
the
Boat
remaines
still
to
the
Owners
.
[
](A51124-e51260-b)*
*
Trin.
3
Jac.
B.
R.
Rolls
1.
part
,
Abridg.
fo.
530.
Bald.
in
leg
.
cum
proponas
Code
de
nautic
.
e
fenore
num.
6.
IX
.
If
a
Ship
commits
Piracy
by
reason
of
which
,
she
becomes
Mich.
13
Jac.
in
B.
R.
Sir
Rich.
Bingley's
Case
.
Rolls
Abridg
fo.
530
forfeited
,
if
before
seizure
she
be
Bona-fide
sold
,
the
property
shall
not
be
questioned
,
nor
the
Owners
divested
of
the
same
.
X.
If
a
Master
shall
take
up
Monys
to
mend
or
Victual
Dig.
lib.
14.
tit
.
1.
§.
17.
his
Ship
where
there
is
no
occasion
,
(
though
generally
the
Owners
shall
answer
the
fact
of
the
Master
,
)
yet
here
they
shall
not
,
but
onely
the
Master
.
But
if
there
were
cause
of
mending
the
Ship
,
though
the
Master
spend
the
Mony
another
way
,
yet
the
Owner
and
Ship
become
lyable
to
Bridgemans
Case
,
Hobart
,
fo.
10
,
11.
the
satisfaction
of
the
Creditor
;
for
it
were
very
unreasonable
that
the
Creditor
should
be
bound
to
take
upon
him
the
care
of
the
repairing
the
Ship
,
and
supply
the
Owners
roome
,
which
must
be
so
if
it
should
be
necessary
for
him
,
to
prove
that
the
money
was
laid
out
upon
the
Ship
;
so
on
the
other
hand
,
it
stands
with
reason
that
he
be
sure
that
he
lends
his
money
on
such
an
occasion
,
as
whereby
the
Masters
fact
may
oblige
the
Owners
,
which
he
can
not
do
otherwise
,
unless
he
knows
that
the
money
borrowed
was
necessary
for
the
repair
of
the
Ship
,
and
therefore
Gloss.
Affrican
.
super
cod
.
leg
.
&
§.
if
the
Ship
wanted
some
repairs
,
and
a
far
greater
and
Extravagant
sum
was
lent
then
was
needful
,
the
Owners
shall
not
be
lyable
for
the
whole
.
Dig.
lib.
6.
tit.
1.
62.
&
l.
7.
tit.
1.
12.
§.
1.
&
Papinion
on
the
same
Law
.
II.
If
a
man
gets
possession
of
a
Ship
having
no
Title
to
the
same
,
by
the
Law
Maritime
he
shall
answer
such
damage
as
the
Ship
in
all
probability
might
have
earned
;
and
the
reason
of
that
is
,
because
the
onely
end
of
Shipping
is
the
imployment
thereof
.
XII
.
A
Ship
is
Freighted
out
,
accordingly
she
receives
Digest
.
lib.
19.
tit.
2.
61.
Scaevola
on
the
same
Law
.
in
her
lading
pursuant
to
agreement
,
afterwards
an
Embargo
happens
,
and
the
lading
is
taken
as
forfeited
,
yet
the
Owners
shall
notwithstanding
receive
Freight
,
for
here
is
no
fault
in
them
,
but
only
in
the
Merchant
.
Thus
men
from
their
Necessity
and
Safety
having
from
hollow
Trees
,
nay
Reeds
,
Twiggs
and
Leather
(
for
such
were
the
rude
beginnings
of
those
stupendious
things
we
now
admire
)
advanced
the
Art
to
that
degree
,
as
to
render
it
now
the
most
usefullest
thing
extant
;
and
as
the
Mathematiques
,
Astronomy
,
and
other
Sciences
hath
added
to
its
security
,
so
hath
succeeding
Ages
from
time
to
time
provided
Priviledges
and
Laws
by
which
it
hath
alwayes
been
regulated
and
governed
,
the
which
upon
all
occasions
,
and
in
all
Courts
hath
generally
had
a
genuine
construction
as
near
as
might
be
to
the
Marine
Customes
;
and
therefore
at
this
day
if
a
Ship
be
taken
away
or
the
Owners
dispossest
,
they
may
maintain
an
Action
of
Trover
and
Conversion
for
8th
or
16th
part
of
the
same
,
as
well
by
the
Common
Laws
of
this
Kingdome
,
as
the
Law
Maritime
.
CHAP.
II.
Masters
of
Ships
their
Actions
considered
in
reference
to
cases
private
and
publique
.
-
I.
A
Master
or
Skipper
his
Condition
considered
in
reference
to
his
Interest
and
Authority
generally
.
-
II.
Of
Goods
lost
or
imbezelled
,
or
any
other
detriment
happens
in
a
Port
,
who
shall
answer
.
-
III.
The
Duty
of
Masters
of
Ships
,
as
if
they
shall
s●…t
Sayl
after
an
Imbargo
,
who
shall
answer
.
-
IV.
And
of
faults
ascribed
to
him
before
departure
in
Tempestuous
weather
,
staying
in
Port.
&c.
-
V.
Over-charging
or
over-lading
the
Ship
above
the
birth-mark
,
or
receit
of
such
persons
a
Ship-board
as
may
hazard
the
Lading
.
-
VI.
Of
Lading
aboard
in
the
Ships
of
Enemies
,
his
own
proving
disabled
.
-
VII
.
Of
shipping
of
Goods
elsewhere
then
at
the
publique
Ports
or
Keyes
,
and
of
taking
in
prohibited
Goods
.
-
VIII
.
Of
wearing
unlawful
Colours
or
Flaggs
;
and
of
yielding
up
his
Ship
Cowardly
if
assaulted
,
where
lyable
,
and
where
excused
.
-
IX
.
Of
carrying
fictitious
Cocquets
and
Papers
,
and
refusing
payment
of
Customes
and
Duties
.
-
X.
Of
setting
Sayl
with
insufficient
Tackle
,
and
of
taking
in
and
delivering
out
with
the
like
,
and
of
his
Charge
of
Goods
till
safely
delivered
.
-
XI
.
Of
departing
without
giving
Notice
to
the
Customer
.
-
XII
.
Of
Faults
committed
by
Masters
and
Skippers
at
Sea
.
-
XIII
.
Rules
in
Law
in
the
Charging
him
for
Reparation
of
Damage
.
-
XIV
.
Of
the
Power
and
Authority
that
the
Master
hath
in
disposing
Hipochicating
or
pledging
the
Ship
,
Furniture
and
Lading
.
-
XV.
Where
Masters
are
disabled
though
in
necessity
to
Impawn
the
Vessel
.
-
XVI
.
Where
they
may
dispose
of
Vessel
and
Lading
,
and
where
not
.
-
XVII
.
What
Vessels
and
Marriners
the
Master
must
have
for
Importing
in
or
Exporting
out
of
his
Majesties
Plantations
in
Asia
,
Affrica
and
America
.
-
XVIII
.
What
Ships
may
go
from
Port
to
Port
in
England
.
-
XIX
.
Ships
not
to
import
the
Goods
of
any
Country
but
of
that
from
whence
they
are
brought
.
-
XX.
What
time
the
Master
shall
be
coming
up
after
arrived
at
Gravesend
,
or
at
any
other
Port
within
the
Realm
,
in
order
to
his
discharge
.
-
XXI
.
Of
going
from
Port
to
Port
within
the
Realm
how
provided
.
-
XXII
.
Of
Goods
prohibited
to
be
imported
from
Netherlands
or
Germany
in
any
Ships
whatsoever
.
I.
A
Master
of
a
Ship
is
no
more
then
one
who
for
his
knowledg
in
Navigation
,
fidelity
&
discretion
,
hath
the
Government
of
the
Ship
committed
to
his
care
and
management
,
and
by
the
Common
Law
,
by
which
properties
Leg.
1.
de
exercit
.
Act.
are
to
be
guided
,
he
hath
no
property
either
general
or
special
,
by
the
constituting
of
him
a
Master
;
yet
the
Law
Hob.
Rep.
fo.
11.
Bridgeman
'
s
Case
.
looks
upon
him
as
an
Officer
,
who
must
render
and
give
an
account
for
the
whole
charge
when
once
committed
to
his
care
and
custody
,
and
upon
failer
to
render
satisfaction
,
and
therefore
if
misfortunes
happens
,
if
they
be
either
through
negligence
,
wilfulness
,
or
ignorance
of
himself
or
his
Mariners
,
he
must
be
responsible
.
II.
If
the
fault
be
commited
in
any
Port
,
Haven
,
River
or
Creek
,
or
any
other
place
which
is
infra
Corpus
Comitatus
,
the
Common
Law
shall
have
Jurisdiction
to
answer
the
party
damnified
and
not
the
Admiralty
,
[
](A51124-e51940-b)*
*
Dowda●…
's
case
.
but
if
Coke
lib
6.
fo.
47.
the
same
be
committed
super
altum
mare
,
the
Admiralty
shall
have
Jurisdiction
of
the
same
;
yet
if
it
be
on
a
place
where
there
is
divisum
imperium
,
then
according
to
the
flux
or
reflux
the
Admiralty
may
challenge
,
the
other
of
Common
right
belonging
to
the
Common
Law
,
according
to
the
resolution
given
.
And
therefore
so
soon
as
Merchandises
and
other
Commodities
are
put
aboard
the
Ship
,
whether
she
be
riding
in
Port
,
Haven
,
or
any
other
part
of
the
Seas
,
he
that
is
Exerciter
Navis
is
chargeable
therewith
;
and
if
the
same
be
F.
Naut
.
caup
.
stab
.
leg
.
1.
Sect.
2
,
3
,
6
,
7.
there
lost
or
purloyned
,
or
sustaine
any
damage
,
hurt
or
loss
,
whether
in
the
Haven
or
Port
before
,
or
upon
the
Seas
after
she
is
in
her
Voyage
,
whether
it
be
by
Marriners
or
by
any
other
through
their
permission
,
he
that
is
Exercitor
Navis
must
answer
the
damage
,
for
that
the
very
lading
of
the
goods
aboard
the
Ship
does
Subject
the
Master
to
answer
the
same
;
and
with
this
agrees
the
Common
Law
,
where
it
was
adjudged
,
that
goods
being
sent
aboard
a
Ship
,
and
the
Master
having
signed
his
Bills
of
Lading
for
the
same
;
the
goods
were
stowed
,
and
in
the
night
divers
persons
under
the
pretence
that
they
were
Press
Masters
entered
the
Ship
and
rob'd
her
of
those
goods
,
the
Merchant
brought
an
action
at
the
Common
Law
against
the
Master
,
and
the
Question
was
,
Whether
he
should
answer
for
the
same
?
for
it
was
alledged
on
his
part
,
That
there
was
no
default
or
negligence
in
him
,
for
he
had
a
sufficient
guard
,
the
Goods
were
all
lockt
up
under
hatches
,
the
Theeves
came
as
Press-Masters
and
by
force
robb'd
the
Ship
,
and
that
the
same
was
vis
major
,
[
](A51124-e52050-b)*
*
The
which
the
Civil
Law
does
sometimes
allow
.
and
that
he
could
not
have
prevented
the
same
;
And
lastly
,
That
though
he
was
called
Master
or
Exercitor
navis
,
yet
he
had
no
share
in
the
Ship
,
and
was
but
Morse
versus
Slue
,
Hill.
23
Car.
2.
Regis
,
adjudged
on
a
Special
Verdict
found
at
the
Barr.
in
the
nature
of
a
Servant
acting
for
a
Salary
.
But
notwithstanding
it
was
adjudged
for
the
Plaintiff
,
for
at
his
peril
he
must
see
that
all
things
be
forth-coming
that
are
delivered
to
him
,
let
what
accident
will
happen
,
(
the
Act
of
God
,
or
an
Enemy
onely
excepted
)
but
for
Fire
,
Theeves
and
the
like
,
he
must
answer
,
and
is
in
the
nature
of
a
Common
Carryer
;
and
that
though
he
receives
a
Sallary
,
yet
he
is
a
known
and
publique
Debet
Exercitor
omnium
nautarum
suorum
sivi
liberi
sint
,
sive
servi
factum
praestare
,
nes
immerito
factum
eorum
praestat
cum
ipse
eos
suo
periculo
adhibuerit
sed
non
alias
praestat
quam
in
ipsam
nave
damnum
datum
sit
,
caeterum
,
si
extra
navim
licet
à
nautis
non
praestabit
,
Naut
.
Caup
.
Stabilit
.
Leg.
1.
Sect.
7.
debet
exercitor
.
Officer
,
and
one
that
the
Law
looks
upon
to
answer
,
and
that
the
Plaintiff
hath
his
Election
to
charge
either
Master
or
Owners
,
or
both
at
his
pleasure
,
but
can
have
but
one
satisfaction
.
If
a
Master
shall
receive
Goods
at
the
Wharf
or
Key
,
or
shall
send
his
Boat
for
the
same
,
and
they
happen
to
Eod.
Leg.
debet
Exercitor
.
be
lost
,
he
shall
likewise
answer
both
by
the
Maritime
Law
and
the
Common
Law
.
III.
If
Goods
are
laden
a
board
,
and
after
an
Embargo
Digest
.
lib.
9.
〈◊〉
.
tit.
Leg.
61.
〈◊〉
or
Restraint
from
the
Prince
or
State
he
breaks
ground
,
or
endeavours
to
sayl
away
,
if
any
damage
accrues
he
must
be
responsible
for
the
same
.
The
reason
is
,
because
his
Freight
is
due
and
must
be
paid
,
nay
although
the
very
Goods
be
seized
as
bona
contra
bandos
.
IV.
He
must
not
sayl
in
Tempestuous
weather
,
nor
put
forth
to
Sea
without
having
first
consulted
with
his
company
;
[
](A51124-e52190-b)†
†
Leg.
Oleron
.
Judg'
.
2.
Nor
must
he
stay
in
Port
or
Harbour
without
just
cause
when
a
fair
wind
invites
his
departure
.
V.
He
must
not
over-charge
or
lade
his
Ship
above
the
birth-mark
,
or
take
into
his
Ship
any
persons
of
an
obscure
and
unknown
condition
without
Letters
of
safe
conduct
.
VI.
Nor
ought
he
to
lade
any
of
his
Merchants
Goods
Stat.
18
H.
6.
cap.
8.
aboard
any
of
the
Kings
Enemies
Ships
,
(
admitting
his
own
Vessel
leaky
or
disabled
)
without
Letters
of
safe
l.
ult.
ad
Leg.
Rhod.
&
leg
.
quum
proponas
C
de
Naut
.
foenor
.
Conduct
,
otherwise
the
same
may
be
made
prize
,
and
he
must
answer
the
damage
that
follows
the
action
.
Nor
shall
he
come
or
sneak
into
the
Creeks
or
other
places
when
laden
homewards
,
but
into
the
Kings
great
Ports
,
(
unless
he
be
driven
in
by
Tempest
)
for
otherwise
Stat.
4
H.
4.
20.
Leg.
fin
.
parag.
si
propter
necessitatem
.
he
forfeits
to
the
King
all
the
Merchandize
,
and
therefore
must
answer
.
VII
.
Nor
ought
he
to
ship
any
Merchandize
,
but
Stat.
15
H.
6.
cap.
onely
at
the
Publique
Ports
and
Keyes
.
He
must
not
lade
any
prohibited
or
unlawful
Goods
,
whereby
the
whole
Cargo
may
be
in
danger
of
Confiscation
,
19
Eliz.
cap.
9.
12
P.
&
M.
5.
1
Jac.
cap.
25.
or
at
least
subject
to
seizure
or
surreption
.
He
may
not
set
sayl
without
able
and
sufficient
Marriners
both
for
quality
and
number
.
VIII
.
He
may
not
use
any
unlawful
Colours
,
Ensigns
,
Pendants
,
Jacks
or
Flaggs
,
[
](A51124-e52370-b)*
*
Proclamation
25
Sept.
26
Car.
2.
Per
leg
.
quum
propouas
ad
leg
.
Rhod.
D.
leg
.
in
fin
.
&
leg
.
si
vendita
peric
.
rei
vend.
&
leg
.
5.
&
6.
Naut
.
Caup
.
whereby
his
Ship
or
Lading
may
incur
a
Seizure
,
or
the
Cargo
receive
any
detriment
or
damage
.
He
must
not
suffer
the
Lading
to
be
stolne
or
imbezled
,
if
the
same
be
,
he
must
be
responsible
,
unless
it
be
where
there
is
vis
major
,
as
if
he
be
assaulted
at
Sea
either
by
Enemies
,
Ships
of
Reprize
,
or
Pyrats
,
there
if
no
fault
or
negligence
was
in
him
,
but
that
he
performed
the
part
of
an
honest
faithful
and
valiant
[
](A51124-e52420-b)*
*
Stat.
16
Car.
2.
cap.
8.
man
,
he
shall
be
excused
.
Yet
it
hath
been
adjudged
,
That
if
a
Merchant-man
lyes
in
a
Port
or
Haven
,
and
a
Pyrat
,
Sea
Rover
,
or
other
Thieves
enter
her
and
over-power
Morse
versus
Slue
,
23
Car.
in
B.
R.
Rott
.
her
men
,
and
then
rob
her
,
yet
the
Master
must
be
responsible
;
but
if
an
Enemy
enter
and
commit
the
depridation
,
there
the
Master
is
excused
.
IX
.
He
must
not
carry
any
counterfeit
Cocquets
or
other
fictitious
and
colourable
Ship
Papers
to
involve
the
13
R.
2.
cap.
9.
Goods
of
the
Innocent
with
the
Nocent
.
Leg.
1.
Cod.
de
Navib
.
non
excusand
.
Nor
must
he
refuse
the
payment
of
the
just
and
Ordinary
Secund.
sin
.
leg
.
ult.
ad
leg
.
Rhod.
&
leg
.
quum
proponas
C.
de
Naut
.
soenor
.
Duties
and
Port-charges
,
Customes
and
Imposts
,
to
the
hazard
of
any
part
of
his
Lading
;
yet
if
he
offers
that
which
is
just
and
pertaines
to
pay
,
then
he
is
excused
.
X.
He
must
not
set
Sail
with
insufficient
Rigging
or
Leg.
Oleron
.
24.
Per
Leg.
quant
.
de
Pub.
Tackle
,
or
with
other
or
fewer
Cables
then
is
usual
and
requisite
,
respect
being
had
to
the
burthen
of
the
Vessel
:
And
if
any
damage
happens
by
the
delivery
of
the
goods
into
the
Lighter
,
as
that
the
Ropes
break
and
the
like
,
there
he
must
answer
;
but
if
the
Lighter
comes
to
the
Wharf
or
Key
,
and
then
in
taking
up
the
goods
,
the
Rope
breaks
,
the
Master
is
excused
,
and
the
Wharfinger
is
liable
.
[
](A51124-e52540-b)*
*
Coke
lib.
Entries
,
fo.
3.
If
fine
goods
or
the
like
are
put
into
a
close
Lighter
and
to
be
conveyed
from
the
Ship
to
the
Key
,
it
is
usual
there
the
Master
sends
a
Competent
number
of
his
Marriners
to
look
to
the
Merchandize
,
if
then
any
of
the
goods
are
lost
or
imbezled
,
the
Master
is
responsible
[
](A51124-e52560-b)*
*
Pasch.
26
Car.
rul'd
at
Guild-Hall
before
L.
C.
J.
Hale
,
inter
and
Peacock
.
and
not
the
Wharfinger
;
but
if
such
goods
are
to
be
sent
aboard
a
Ship
,
there
the
Wharfinger
at
his
peril
must
take
care
the
same
be
preserved
.
XI
.
After
his
arrival
at
Port
,
he
ought
to
see
that
the
Ship
be
well
moared
and
anchored
,
and
after
reladed
not
to
depart
or
set
Sail
till
he
hath
been
cleared
;
for
if
any
damage
happens
by
reason
of
any
fault
or
negligence
in
18
Eliz.
cap.
9.
14
Car.
2.
cap.
11.
him
or
his
Marriners
,
whereby
the
Merchant
or
the
Lading
receives
any
damage
,
he
must
answer
the
same
.
XII
.
And
as
the
Law
ascribes
these
things
and
many
more
to
him
as
faults
,
when
committed
by
him
or
his
Marriners
,
in
Ports
,
so
there
are
other
things
which
the
Law
looks
upon
to
be
as
faults
in
him
in
his
Voyage
,
when
done
.
As
if
he
deviates
in
his
course
without
just
cause
,
or
steers
a
dangerous
and
unusual
way
,
when
he
may
have
a
Digest
.
l.
cum
in
debito
ff.
de
Probat
.
more
secure
passage
:
Though
to
avoid
illegal
impositions
,
he
may
somewhat
change
his
course
;
nor
may
he
sail
by
places
infested
with
Pyrates
,
Enemies
,
or
other
places
notoriously
known
to
be
unsafe
,
nor
engage
his
Vessel
among
Rocks
or
remarkable
Sands
,
being
thereto
not
necessitated
Li.
1.
Cod.
de
Navibus
non
excusand
.
by
violence
of
Wind
and
Weather
,
or
deluded
by
false
lights
.
XIII
.
By
the
maritime
Law
,
he
that
will
charge
a
Master
with
a
fault
as
in
relation
to
his
Duty
,
must
not
think
that
a
generall
charge
is
sufficient
in
Law
,
but
he
ought
to
assigne
and
specifie
the
very
fault
wherewith
he
is
so
charged
.
So
,
he
that
will
infer
,
that
such
or
such
a
sad
disaster
to
have
happned
or
been
occasioned
by
reason
of
some
fault
in
the
Marriners
,
must
not
only
prove
the
fault
it self
,
but
must
also
prove
that
that
fault
did
dispose
to
such
a
sad
event
,
or
that
such
a
misfortune
could
not
have
happened
without
such
a
fault
precedent
.
XIV
.
When
Voyages
are
undertaken
,
the
Master
is
there
placed
in
by
the
Owners
,
and
they
ought
to
make
good
the
Masters
fact
and
deed
;
[
](A51124-e52690-b)*
*
Recepit
salvum
fore
,
utrum
si
in
navim
,
res
missae
ei
assignatae
sint
,
an
et
si
non
sint
è
assignatae
,
hoc
tamen
ipso
quod
in
navim
missae
,
sint
receptae
videntur
et
omnium
recepit
custodiam
quae
in
navim
illotae
sunt
et
factum
non
solum
nautarum
praestare
debet
sed
et
rectorum
.
F.
Nautae
Caup
.
stab
.
leg
.
1.
Sect.
recepit
.
And
therefore
as
the
whole
Care
and
Charge
of
Ship
and
Goods
are
committed
to
the
Master
,
it
is
the
prudence
of
the
Owners
to
be
careful
who
they
will
admit
Commander
of
their
Ship
,
since
their
actions
subject
them
to
answer
the
damage
,
or
what
ever
other
act
he
shall
do
in
reference
to
his
Imploy
:
And
therefore
he
can
freight
out
the
Vessel
,
take
in
Goods
and
Passengers
,
mend
and
furnish
the
Ship
,
and
to
that
effect
if
need
be
in
a
strange
Countrey
he
may
borrow
Money
with
advice
of
his
Marriners
,
upon
some
of
the
Tackle
,
or
sell
some
of
the
Merchandize
.
If
part
of
the
Goods
shall
be
sold
in
such
necessity
,
the
highest
price
that
the
remainder
are
sold
for
must
be
answered
and
paid
to
the
Merchant
;
after
which
the
Merchant
must
pay
for
the
Freight
of
those
Goods
as
well
as
for
the
remainder
,
Leg.
Oleron
1.
But
if
the
Ship
in
the
Voyage
happens
to
be
cast
away
,
then
onely
shall
be
tendred
the
price
that
the
Goods
were
bought
for
.
By
the
Common
Law
the
Master
of
a
Ship
could
not
impawn
the
Ship
or
Goods
for
no
property
either
general
or
special
,
nor
such
power
is
given
unto
him
by
the
constituting
of
him
a
Master
.
Yet
the
Common
Law
hath
held
the
Law
of
Oleron
reasonable
,
That
if
a
Ship
be
at
Sea
and
takes
leake
,
or
otherwise
want
Victual
or
other
Necessaries
,
whereby
either
her self
be
in
danger
or
the
Voyage
defeated
,
that
in
such
case
of
necessity
the
Master
may
impawn
for
Money
or
other
things
to
relieve
such
Extremities
by
imploying
the
money
to
that
end
;
and
therefore
he
being
the
person
trusted
with
the
Ship
and
Voyage
,
may
therefore
reasonably
be
thought
to
have
that
power
given
to
Leg.
Oleron
.
Cap.
22.
Bridgeman's
Case
,
Hobart
,
fo.
10
,
11.
him
implicitly
,
rather
then
to
see
the
whole
lost
.
But
a
Master
for
any
debt
of
his
own
cannot
impawn
or
Hipothycate
the
Ship
,
&c.
for
the
same
is
no
wayes
lyable
but
in
cases
of
neccssity
for
the
relief
and
compleating
of
the
Voyage
.
Nor
can
he
sell
or
dispose
of
the
same
without
an
authority
or
Licence
from
the
Owners
;
and
when
he
does
Impawn
or
Hipothycate
the
Vessel
or
Furniture
,
he
[
](A51124-e52780-b)*
*
Leg.
Oleron
Cap.
1.
12.
ought
to
have
the
consent
and
advice
of
his
Marriners
.
XV.
And
where
the
Ship
is
well
engaged
,
she
is
for
ever
obliged
,
and
the
Owners
are
concluded
thereby
,
till
Redemption
.
But
in
regard
Masters
might
not
be
tempted
to
engage
the
Owners
,
or
infetter
them
with
such
sort
of
Obligations
,
but
where
there
is
very
apparent
cause
and
necessity
,
They
seldome
suffer
any
to
go
Skipper
or
Master
but
he
that
has
a
share
or
part
in
her
;
so
that
if
Moneys
or
provisions
be
taken
up
,
he
must
bear
his
equal
share
and
proportion
with
the
rest
.
The
Master
cannot
on
every
case
of
necessity
impawn
the
Vessel
or
Furniture
;
for
if
she
be
Freighted
,
and
he
Judgment
Oleron
.
Cap.
22.
and
the
Owners
are
to
joyn
in
the
laying
in
of
the
provisions
for
the
Voyage
,
and
parhaps
he
wants
money
,
(
a
great
sign
of
necessity
)
yet
can
he
not
impawn
the
Vessel
or
Furniture
,
any
other
or
further
then
for
his
own
part
or
share
in
her
,
the
which
he
may
transfer
and
grant
as
a
man
may
do
an
8th
or
5th
part
in
Lands
or
Houses
:
But
such
obligation
of
the
Vessel
must
be
in
forreign
parts
or
places
where
the
calamity
or
necessity
is
universal
on
the
Vessell
.
XVI
.
If
the
Vessel
happens
afterwards
to
be
wreckt
or
cast
away
,
and
the
Marriners
by
their
great
pains
and
care
recover
some
of
the
ruines
and
lading
,
the
Master
in
that
case
may
pledge
the
same
,
the
produce
of
which
he
may
distribute
amongst
his
distressed
Marriners
in
order
to
the
carrying
them
home
to
their
own
Countrey
;
But
if
the
Marriners
no
wayes
contributed
to
the
Salvage
,
Judgement
,
Oleron
.
Cap.
3.
then
their
reward
is
sunk
and
lost
with
the
Vessel
.
But
if
there
be
any
considerable
part
of
the
lading
preserved
,
he
ought
not
to
dismiss
his
Marriners
,
till
advice
from
the
Laders
or
Freighters
;
for
otherwise
perchance
he
may
be
made
lyable
.
If
Merchants
Freight
a
Vessel
at
their
own
charges
,
and
set
her
to
Sea
,
and
then
happens
afterwards
to
be
Weather-bound
,
the
Master
may
impawn
either
Ship
or
Lading
at
his
pleasure
,
or
at
least
such
as
he
could
conveniently
Leg.
Oleron
cap.
22.
raise
moneys
on
,
rather
then
see
the
whole
Voyage
lost
.
And
if
he
cannot
pawn
the
Lading
,
he
may
sell
the
same
,
that
is
,
so
much
as
is
necessary
;
in
all
which
cases
his
act
obliges
.
However
,
Orders
and
Instructions
are
as
carefully
to
be
look'd
upon
and
followed
as
the
Magnate
.
XVII
.
He
is
not
to
Import
into
,
or
Export
out
of
The
like
provision
on
the
like
penalty
is
for
Goods
of
Muscovy
,
and
of
the
Dominions
and
Territories
of
the
Great
Czar
or
Emperour
.
So
likewise
of
Currants
belonging
to
the
Othoman
Territories
or
Dominions
.
any
the
English
Plantations
in
Asia
,
Affrica
,
or
America
,
but
in
English
or
Irish
Vessels
,
or
of
the
Vessels
built
and
belonging
to
that
Country
,
Island
,
Plantation
or
Territory
.
The
Master
and
3
fourths
of
the
Marriners
to
be
English
,
upon
forfeiture
of
Ship
and
Goods
.
And
if
otherwise
,
they
are
to
be
look't
upon
as
Prize
,
and
may
be
seized
by
any
of
the
Kings
Officers
and
Commanders
,
and
to
be
divided
as
Prizes
,
according
to
the
Orders
and
Rules
of
the
Sea
.
All
Goods
of
the
Growth
of
his
Majesties
Plantations
are
not
to
be
imported
into
England
,
Ireland
,
or
Wales
,
Islands
of
Jersey
or
Guernsey
,
but
in
such
Vessels
as
truly
belong
to
Owners
that
are
of
England
,
Ireland
,
Wales
,
Jersey
or
Guernsey
,
and
three
fourths
at
least
of
the
Marriners
are
to
be
English
,
upon
forfeiture
of
Ship
and
Note
,
In
cases
of
sickness
,
Death
,
Captivity
,
Salves
the
Clause
as
to
Marriners
.
Goods
.
The
Goods
and
Wares
of
those
Plantations
,
and
brought
in
such
manner
as
aforesaid
,
must
be
brought
from
those
very
Countries
of
their
several
productions
and
growths
,
or
from
the
Ports
where
they
are
usually
shipped
out
;
on
forfeiture
of
Ship
and
Goods
.
XVIII
.
No
Ship
to
go
from
Port
to
Port
in
England
,
Ireland
,
Wales
,
Jersey
,
or
Guernsey
,
or
Berwick
,
unless
the
Owners
are
Denizens
or
Naturalized
,
and
the
Master
That
is
,
those
that
do
not
belong
to
English
,
Irish
,
Welsh
,
or
those
of
Jersey
or
Guernsey
.
and
3
fourths
to
be
English
.
All
Owners
must
swear
that
their
Vessels
or
Ships
are
their
own
proper
Ships
and
Vessels
,
and
that
no
Forreigner
has
any
share
or
part
in
her
,
and
must
enter
the
same
,
and
that
she
was
bought
for
a
valuable
consideration
,
Bona
fide
.
Nor
to
bring
in
any
goods
from
any
place
,
but
what
are
of
the
growth
of
that
very
Country
,
or
those
places
which
usually
are
for
the
first
Shipping
,
on
pain
of
forfeiture
of
their
Vessel
and
Furniture
.
This
does
not
extend
,
but
Masters
may
take
in
goods
in
any
part
of
the
Levant
or
Streights
,
although
they
are
not
of
the
very
growth
of
the
place
so
that
they
be
imported
in
English
Ships
3
fourths
English
Marriners
:
So
12
Car
2.
cap.
18.
likewise
those
Ships
that
are
for
India
in
any
of
those
Seas
to
the
Southward
and
Eastward
of
Cabo
bona
Speranza
,
although
the
Ports
are
not
the
places
of
their
very
growth
.
Any
people
of
England
may
import
(
the
Master
and
Marriners
3
fourths
English
)
any
goods
or
wares
from
Spain
,
Portugal
,
Azores
,
Madera
,
or
Canary
Islands
.
Nay
in
Ships
that
are
not
English
built
Bullion
may
be
imported
;
so
likewise
in
those
that
are
taken
by
way
of
Prize
Bona
fide
.
But
Sugars
,
Tobacco
,
Cottens
,
Ginger
,
Indicoes
,
Fustick
,
or
any
other
dying
Wood
of
the
growth
of
his
Majesties
Plantations
,
are
to
be
Shipped
,
carryed
or
conveyed
from
any
of
the
English
Plantations
,
are
to
be
carryed
to
no
place
in
the
world
,
but
are
to
come
directly
for
England
,
Ireland
,
Wales
,
or
Barwick
,
upon
pain
of
forfeiture
of
Ship
and
goods
,
and
the
Master
is
to
give
bond
with
one
Security
in
a
Thousand
pound
if
the
Ship
be
under
the
burden
of
a
100
Tuns
,
and
2000
l.
if
above
,
that
upon
Lading
he
brings
his
Ship
directly
into
England
,
Ireland
,
Wales
,
or
Berwick
,
(
the
danger
of
the
Seas
excepted
,
)
so
likewise
they
are
to
do
the
same
for
the
Ships
that
shall
go
from
the
Plantations
at
the
Plantations
to
the
Governour
,
upon
forseiture
of
the
Ship
and
Goods
.
XX.
When
the
Master
shall
arrive
at
Gravesend
,
he
12
Car.
2.
Cap.
18.
shall
not
be
above
3.
dayes
coming
from
thence
to
the
place
of
discharge
;
nor
is
not
to
touch
at
any
Key
or
Wharfe
till
he
comes
to
Chesters
Key
,
unless
hindred
by
contrary
Winds
,
or
draught
of
Water
,
or
other
just
impediment
to
be
allowed
by
the
Officers
;
And
likewise
he
or
his
Purser
are
there
to
make
Oath
of
the
Burthen
,
Contents
and
Lading
of
his
Ship
,
and
of
the
marks
,
number
,
contents
and
qualities
of
every
parcel
of
Goods
therein
laden
to
the
best
of
his
knowledge
;
also
where
and
in
what
Port
she
took
in
her
Lading
,
and
what
Country
built
,
and
how
manned
;
who
was
Master
during
the
Voyage
,
and
who
the
Owners
;
And
in
out-Ports
must
come
up
to
the
place
of
unlading
,
as
the
condition
of
the
Port
requires
,
and
make
Entries
,
on
pain
of
100
l.
Nor
is
such
Master
to
lade
aboard
any
Goods
outwards
to
any
place
whatsoever
,
without
Entring
the
Ship
at
the
14
Car.
2.
cap.
11.
12
Car.
cap.
18.
Custome-House
of
her
Captain
,
Master
,
Burthen
,
Guns
,
Ammunition
,
and
to
what
place
she
intends
,
and
before
departure
to
bring
in
a
Note
under
his
hand
of
every
Merchant
that
shall
have
layd
aboard
any
Goods
,
together
with
the
marks
and
numbers
of
such
Goods
,
and
be
sworn
as
to
the
same
,
on
pain
of
100
l.
No
Captain
,
Master
,
Purser
of
any
of
his
Majesties
Ships
of
Warr
shall
unlade
any
Goods
before
Entry
made
,
on
pain
of
100
l.
Note
.
There
is
a
List
of
all
Forraign
built
Ships
in
the
Exchequer
,
and
that
no
Forraign
Ship
not
built
in
any
of
his
Majesties
Dominions
of
Asia
,
Affrica
,
or
America
,
after
1.
Octob.
1662.
and
expressly
named
in
the
List
,
shall
enjoy
the
Priviledges
of
a
Ship
belonging
to
England
or
Ireland
,
although
owned
and
manned
by
English
,
except
onely
such
as
are
taken
by
way
of
reprize
and
condemnation
made
in
the
Admiralty
as
lawful
prize
;
none
but
English
and
Irish
Subjects
in
the
Plantations
are
to
be
accounted
English
.
If
the
Master
shall
have
freight
from
Port
to
Port
within
the
Realm
,
he
ought
to
have
Warrant
for
the
same
,
on
pain
of
forfeiture
of
the
goods
,
and
he
is
to
take
forth
a
Cockquet
,
and
become
bound
to
go
to
such
Port
designed
for
,
and
to
return
a
Certificate
from
the
chief
Officers
of
that
port
where
the
same
was
designed
for
,
and
discharged
within
6
months
from
the
date
of
the
Cockquet
.
But
from
the
Netherlands
or
Germany
there
may
not
be
imported
no
sort
of
Wines
(
other
then
Rhenish
)
Spicery
,
Grocery
,
Tobacco
,
Pot-ashes
,
Pitch
,
Tar
,
Salt
,
Rozin
,
Deal-boards
,
hard
Timber
,
or
Olives
,
Oyl
,
in
any
manner
of
Ships
whatsoever
.
It
might
not
seem
impertinent
that
this
latter
part
which
is
abridged
as
in
reference
to
matters
publique
should
be
inserted
,
for
that
sometime
it
may
happen
that
an
honest
and
well
meaning
Master
or
Skipper
might
innocently
involve
and
hazard
the
loss
of
his
Ship
by
committing
acts
against
Lawes
positive
and
prohibitory
;
and
though
Masters
and
Marriners
qua
tales
be
not
so
exquisite
as
to
know
all
that
does
belong
to
their
duties
,
or
at
least
that
which
the
Law
layes
incumbent
on
their
shoulders
,
yet
for
that
most
of
them
have
some
small
glimmerings
of
the
same
,
that
such
hints
in
matters
publique
as
well
as
private
may
not
onely
be
of
some
advantage
to
them
,
but
likewise
to
Merchants
,
who
alwayes
upon
the
miscarriages
of
the
Masters
,
prove
the
greatest
sufferers
,
the
offenders
,
for
the
most
part
,
proving
not
sufficiently
solvant
.
CHAP.
III.
Of
Marriners
,
their
several
Offices
and
Immunities
:
And
of
Barratry
committed
by
them
.
-
I.
The
several
Maritime
Officers
a
Shipboard
,
and
their
Charges
and
Duties
.
-
II.
Of
the
Masters
power
and
authority
over
them
,
as
in
relation
to
punishing
or
otherwise
.
-
III.
The
duty
that
Marriners
owe
to
each
other
,
and
they
to
the
Ship
.
-
IV.
Their
attendance
requisite
when
laded
;
and
if
detriment
,
where
to
be
responsible
.
-
V.
Where
Accidents
befall
them
,
where
they
ought
to
be
look't
after
,
and
at
whose
costs
.
-
VI.
The
Marriners
Oath
where
requisite
to
the
discharging
of
the
Master
.
-
VII
.
What
Accidents
does
destroy
,
and
what
not
their
wages
.
-
VIII
.
Where
they
may
joyn
all
in
a
Suit
for
the
recovery
of
their
Wages
,
and
where
not
.
-
IX
.
Of
their
wages
where
lyable
to
answer
damage
.
-
X.
Where
they
absolutely
lose
their
wages
.
-
XI
.
Of
Money
or
Goods
taken
up
by
a
Marriner
,
where
it
shall
be
debt
,
and
where
a
discount
of
his
wages
.
-
XII
.
And
of
their
becoming
lyable
to
correction
.
-
XIII
.
Barratry
in
the
Marr●…ners
,
the
reason
why
the
Law
imputes
Offences
in
them
to
be
answered
by
the
Master
.
-
XIV
.
In
what
cases
the
Master
shall
become
lyable
for
the
actions
of
his
Marriners
.
-
XV.
Of
Goods
purloyned
before
they
are
brought
a
Shipboard
,
where
the
Master
is
bound
to
answer
,
and
where
not
.
-
XVI
.
Of
the
Antiquity
of
such
Custome
.
-
XVII
.
Of
Goods
brought
secretly
in
a
Shipboard
if
purloyned
,
where
the
Master
is
not
made
lyable
.
-
XVIII
.
Of
Caution
or
forewarning
,
where
the
same
shall
excuse
the
Master
.
-
XIX
.
Where
the
Master
shall
be
lyable
notwithstanding
such
Caution
.
I.
THe
Persons
Ordinary
for
sayling
in
Ships
have
divers
Denominations
;
The
first
which
is
the
Leg.
1.
&
Pasim'
ad
leg
.
Rhod.
&
l.
1.
Parag.
2.
Naut
.
Caupo
.
Master
,
known
to
us
and
by
most
Nations
both
now
and
of
old
,
and
especially
by
the
Roman
Lawes
,
Navicularius
,
or
Magister
Navis
;
in
English
rendred
Master
,
or
Exercitor
Navis
;
in
the
Tutonique
,
Skipper
;
by
the
Grecians
,
Nauarchus
or
Nauclerus
;
by
the
Italian
,
Patrono
.
But
this
is
onely
to
those
Vessels
that
are
Ships
of
Burden
and
of
Carriage
:
For
to
Ships
of
Warr
the
principal
there
is
commonly
called
Commander
or
Captain
.
The
next
in
Order
of
Office
to
the
Master
,
is
he
who
directs
the
Ship
in
the
Course
of
her
Voyage
,
by
the
French
called
Pylott
;
by
the
English
and
Flemming
,
Steirsman
;
by
the
Romans
,
Gubernator
;
by
the
Italians
,
Nochiero
Pilotto
and
Nauarchus
,
as
Gerretus
writes
.
The
third
is
esteemed
the
Master's
Mate
or
Companion
,
chiefly
if
the
Master
be
Steers-man
himself
;
of
old
by
the
Grecian
and
Roman
called
Proreta
;
his
Charge
is
to
command
all
before
the
Mast.
Vid.
leg
.
Consol.
His
Successor
in
order
is
the
Carpenter
or
Shipwright
,
by
those
two
Nations
of
old
,
called
Naupegus
by
the
latter
,
by
the
first
Calaphates
,
from
the
Loyns
of
one
of
that
Rank
sprang
that
great
Emperour
Michael
,
sirnamed
Calaphates
,
who
denied
not
to
own
the
quality
of
his
The
Father
was
of
Phalagonia
,
as
Egnatius
Vola
teranus
observes
,
lib.
23.
Father
among
his
Regal
Titles
.
The
very
name
Calaphate
,
the
Venetian
and
Italian
still
use
to
this
day
.
The
next
who
succeeds
him
in
Order
,
is
he
who
bears
the
Charge
of
the
Ships
Boat
,
by
the
Italians
called
Brachierie
;
by
the
Grecians
and
Romans
,
Garabita
,
from
Carabus
,
which
denotes
the
Boat
of
a
Ship
.
The
Sixth
in
Order
,
especially
in
Ships
of
Burden
,
is
the
Clerk
or
Purser
,
by
the
Italian
called
Scrivano
,
whose
duty
is
the
registring
and
keeping
the
Accounts
of
all
received
in
or
delivered
out
of
the
Ship
;
for
all
other
Goods
that
are
not
by
him
entred
or
taken
into
charge
,
if
they
happen
to
be
cast
over-board
in
storm
,
or
are
stolne
or
imbezled
,
the
Master
answers
them
not
,
there
being
no
Ill
Consolato
&
per
Stat.
14
Car.
2.
Cap.
11.
obligation
on
him
by
Law
for
the
same
;
his
duty
is
to
unlade
by
day
,
not
night
.
The
7th
a
most
necessary
Officer
,
as
long
as
there
are
aboard
bellies
,
sharp
stomachs
and
provision
,
called
the
Cook
.
The
8th
is
the
Ships
Boy
,
who
keeps
her
continually
in
Harbours
,
called
of
old
by
the
Grecians
,
Nauphylakes
;
by
the
Italians
,
Guardiano
:
These
persons
are
distinct
in
offices
and
names
,
and
are
likewise
distinguished
in
their
hyres
and
wages
;
The
rest
of
the
Crew
are
under
the
common
name
of
Marriners
,
by
the
Romans
called
Nautas
;
But
the
Tarpollians
,
or
those
Youths
or
Boyes
Eudeum
ad
leg
.
1.
Naut
.
Caup
.
tot
.
that
are
Apprentices
obliged
to
the
most
servile
duties
in
the
Ship
were
of
old
called
Mesonautae
.
II.
The
Master
hath
the
supream
Rule
a
Shipboard
,
and
by
that
means
his
power
and
authority
is
by
Law
much
countenanced
,
especially
in
the
keeping
his
Crew
in
peace
so
long
as
they
eat
his
bread
;
and
if
a
Marriner
shall
happen
to
be
bruised
or
hurt
in
doing
his
duty
and
service
,
the
Master
Per
Leg.
Oleron
,
Chap.
6.
is
to
take
care
that
he
be
carefully
look't
after
in
order
to
the
procuring
his
recovery
;
and
if
it
be
occasioned
by
the
miscarriage
of
another
a
shipboard
,
he
may
refund
the
damage
out
of
his
wages
,
but
Per
Leg.
1.
de
exerc
.
act.
&
l.
in
fin
.
Naut
.
Caup
.
still
remembring
who
gave
the
first
assault
.
If
it
happens
that
the
Master
commands
his
Boat
to
be
manned
out
,
and
it
so
happens
that
the
same
is
out
of
Order
,
or
unfit
to
take
the
Sea
,
the
Tewes
,
or
other
accoutriments
being
impotent
,
if
the
Marriners
happen
to
be
drowned
,
the
Master
is
to
repay
one
whole
years
hyre
to
the
Heirs
of
the
drowned
:
Therefore
Masters
ought
carefully
to
view
and
see
that
the
Boat
be
fit
for
men
to
trust
their
lives
in
upon
his
command
.
If
a
Marriner
shall
commit
a
fault
,
and
the
Master
shall
lift
up
the
Towell
3.
times
before
any
Marriner
,
and
he
shall
not
submit
,
the
Master
at
the
next
place
of
land
may
discharge
him
;
and
if
he
refuses
to
go
ashoare
,
he
shall
lose
half
his
wages
,
and
all
his
Goods
within
the
Ship
:
If
the
Marriner
shall
submit
,
and
the
Master
will
Per
Leg.
Oleron
cap.
14.
not
receive
the
same
,
he
shall
have
his
whole
Wages
:
Or
if
the
Marriner
shall
depart
the
Ship
on
the
Master's
command
,
and
the
Master
happens
not
to
take
another
,
if
any
damage
happens
to
Ship
or
Goods
,
the
Master
must
answer
.
III.
Marriners
must
help
one
another
at
the
Sea
and
Per
Leg.
Oleron
,
Cap.
13.
as
per
Leg.
Denmarke
.
in
Port
;
if
they
refuse
,
upon
the
Oaths
of
his
Fellowes
,
he
loseth
his
wages
.
None
of
the
Crew
must
or
ought
to
leave
the
Ship
without
leave
of
the
Master
when
she
comes
to
a
Port
,
or
rides
at
Anchor
,
but
alwayes
constantly
to
wait
upon
her
till
they
are
discharged
,
or
have
leave
,
at
least
half
to
be
left
a
ship-board
.
A
Marriner
may
not
carry
out
of
the
Ship
above
one
meals
meat
;
but
drink
not
a
drop
;
and
when
a
shipboard
,
leg
.
nemo
de
Reg.
jur.
&
leg
.
plerumque
de
in
jus
voc.
ought
not
to
be
there
arrested
for
debt
,
but
onely
so
much
of
his
wages
in
the
hands
of
the
Master
attached
:
yet
this
is
doubted
if
it
be
not
on
a
sworn
debt
,
t
hat
is
,
a
Judgment
or
Sentence
,
or
a
penalty
to
the
King
.
They
ought
not
to
depart
from
a
Shipboard
when
once
admitted
into
their
full
pay
,
(
which
is
always
when
they
break
ground
,
)
without
licence
of
the
Master
;
and
before
they
may
so
do
,
they
are
to
leave
a
sufficient
number
to
guard
the
Ship
and
Decks
.
IV.
If
the
Ship
breaks
ground
,
and
is
set
sayl
,
if
after
she
arrives
at
her
desired
Port
,
their
full
pay
continues
till
she
returns
;
nor
may
they
in
any
wise
depart
from
a
shipboard
without
leave
or
licence
of
the
Master
;
if
they
do
,
and
any
disaster
happens
,
they
must
answer
:
yet
at
such
Port
if
the
Vessel
be
well
moared
and
Anchored
Leg.
Oleron
Cap.
5.
with
two
Cables
,
they
may
go
without
leave
,
yet
so
as
they
leave
a
sufficient
number
behind
to
guard
the
Decks
:
but
then
their
return
must
be
in
due
season
;
for
if
they
make
a
longer
stay
,
they
must
make
satisfaction
.
V.
If
Marriners
get
drunk
and
wound
one
another
,
they
are
not
to
be
cured
at
the
charge
of
the
Master
or
Ship
;
for
such
Accidents
are
not
done
in
the
service
of
the
Ship
:
but
if
any
of
the
Marriners
be
any
wayes
wounded
,
or
do
become
ill
in
the
Service
of
the
Ship
,
they
are
to
be
provided
for
at
the
charges
of
the
Ship
;
Leg.
Oleron
Cap.
7.
and
if
they
be
so
ill
as
not
fit
to
travail
,
they
are
to
be
left
ashoare
,
and
to
take
care
he
hath
all
accommodations
of
humanity
administred
to
him
:
and
if
the
Ship
is
ready
for
a
departure
,
she
is
not
to
stay
for
him
;
if
he
recover
,
he
is
to
have
his
full
wages
,
deducting
the
Masters
charges
which
he
laid
out
for
him
.
VI.
In
case
of
Storm
if
Goods
are
cast
over-board
for
lightning
the
Ship
,
the
Oaths
of
the
Marriners
who
Leg.
Oleron
,
Cap.
11.
swearing
that
it
was
done
for
the
preservation
of
the
Vessel
and
the
rest
of
the
Lading
,
the
same
shall
discharge
the
Master
.
So
Goods
damnified
at
Sea
,
are
cleared
by
the
Oath
of
the
Master
and
Marriners
,
by
the
Laws
of
Olerone
.
To
assault
the
Master
a
shipboard
,
is
a
Crime
that
subjects
Leg.
Oleron
,
Cap.
13.
the
Marriner's
hand
to
be
cut
off
,
unless
he
redeems
at
5.
Solz
.
VII
.
If
a
Ship
happens
to
be
seized
on
for
Debt
or
otherwise
to
become
forteited
,
the
Marriners
must
receive
Consolat.
del
Mare
.
their
wages
,
unless
in
some
cases
where
the
wages
is
forfeited
as
well
as
the
Ship
;
As
if
they
have
Letters
of
Mart
,
and
instead
of
that
they
commit
Pyracy
,
by
Trin.
7
Jac.
B.
R.
Abr.
Rolls
,
fo.
530.
reason
of
which
there
becomes
a
forfeiture
of
all
;
but
lading
of
prohibited
Goods
aboard
a
Ship
,
as
Wooll
,
and
the
like
,
though
it
subjects
the
Vessel
to
a
forfeiture
,
yet
it
disables
not
the
Marriner
of
his
wages
;
for
the
Marriners
having
honestly
performed
their
parts
,
the
Ship
is
tacitly
obliged
for
their
wages
:
But
if
the
Ship
perishes
at
Sea
,
they
lose
their
wages
,
and
the
Owners
their
Freight
.
And
this
being
the
Maritime
Custome
,
is
allowed
by
the
Common
Law
as
well
as
the
Civil
Law
.
VIII
.
The
Courts
at
Westminster
have
been
very
favourable
to
Marriners
in
order
to
the
suing
for
wages
,
for
at
the
Common
Law
they
cannot
joyn
,
but
must
sue
all
distinct
and
apart
for
their
wages
.
Yet
in
the
Admiralty
they
may
all
joyn
,
and
the
Courts
at
Westminster
will
not
grant
a
Prohibition
Not
but
they
may
,
notwithstanding
the
Resolutions
of
8
Car.
Cro.
3.
Reports
,
which
are
not
now
taken
to
be
Law
.
:
And
so
it
was
Rul'd
,
where
one
Jones
a
Master
of
a
Ship
was
sentenc'd
in
the
Admiralty
for
Wages
at
the
Suit
of
Poor
Marriners
,
a
Prohibition
being
prayed
upon
a
suggestion
that
the
Contract
was
made
at
Land
,
and
not
super
altum
mare
:
The
Court
denyed
it
,
for
that
he
Jones
versus
the
Poor
Marriners
.
Winch.
Rep.
came
too
late
,
Sentence
being
given
below
against
him
:
Yet
if
the
Marriners
had
onely
Libelled
,
and
there
had
been
no
Sentence
,
and
the
Defendant
had
prayed
a
Prohibition
as
above
,
yet
the
Court
would
have
denyed
it
.
And
this
has
been
and
is
usually
done
.
But
the
Court
will
be
very
well
informed
that
the
Libel
is
for
Marriners
wages
;
for
some
who
work
Carpenters
work
and
such
like
labour
aboard
a
Ship
in
a
Sitwell
&
al'
Owners
of
a
Ship
,
versus
Love
&
al'
.
Mich.
27
Car.
in
B.
R.
Haven
or
Port
within
the
Realm
(
which
is
infra
Corpus
Comitatus
,
(
notwithstanding
those
great
and
ingenious
Objections
against
it
)
and
must
be
tryed
by
the
Common
Law
,
and
not
elsewhere
,
)
will
libel
under
that
cloake
for
Marriners
wages
.
But
the
Court
in
that
case
will
grant
a
Prohibition
.
And
so
it
was
done
in
the
like
case
.
But
if
a
Ship
rides
at
Anchor
in
the
Sea
,
and
the
Master
sends
his
Boat
a
shoare
for
Victuals
or
other
provisions
for
the
Ship
,
and
accordingly
the
Providore
or
the
Slopp-seller
does
bring
victuals
and
provisions
aboard
;
in
that
case
if
the
contract
be
made
there
,
it
Latch
fo.
11.
Hill.
1
Car.
in
B.
R.
Godfrey's
Case
.
must
be
sued
for
in
the
Admiralty
:
but
if
the
goods
are
by
the
Purser
or
Marriners
contracted
for
at
land
,
they
must
sue
at
Common
Law
.
IX
.
If
Goods
are
so
imbezled
or
so
damnified
that
the
Ships
Crew
must
answer
,
the
Owners
and
Master
must
deduct
the
same
out
of
their
Freight
to
the
Merchants
,
and
the
Master
out
of
the
wages
of
the
Marriners
;
for
though
Freight
is
the
Mother
of
wages
,
so
is
it
the
very
Father
of
Damage
:
For
before
the
Marriner
can
claym
his
wages
out
of
what
the
Ship
hath
earn'd
,
the
Ship
must
be
acquitted
from
the
damage
that
the
Merchant
hath
sustain'd
,
by
the
negligence
or
fault
of
the
Marriners
:
And
the
reason
is
,
for
that
as
the
Goods
are
obliged
to
answer
the
Freight
,
so
the
Freight
and
Ship
is
tacitly
obliged
to
clear
the
damage
;
which
b●…ing
done
,
the
Marriners
are
then
let
in
to
their
wages
.
X.
If
a
Marriner
be
hyred
,
and
he
deserts
the
Service
before
the
Voyage
ended
;
by
the
Law
Maritime
he
loses
leg
.
oleron
,
his
wages
:
And
the
same
Custome
at
Common
Law
pleaded
,
it
hasbeen
conceived
will
barr
him
.
If
a
Marriner
shall
commit
any
wilful
or
negligent
fault
,
by
reason
of
which
the
Master
,
Owners
,
or
the
Ship
answers
damage
to
the
Merchant
,
an
Action
lyes
well
against
him
.
XI
.
If
a
Marriner
takes
up
moneys
or
Cloaths
,
and
the
same
is
entred
in
the
Purser's
Book
;
by
the
Custome
Maritime
it
is
a
discount
or
a
receipt
of
so
much
of
their
wages
as
the
same
amounts
to
:
and
in
an
Action
brought
by
them
for
their
wages
,
the
same
shall
be
allowed
,
and
is
not
accounted
mutual
,
the
one
to
bring
his
Action
for
the
cloaths
,
and
the
other
for
his
wages
.
XII
.
A
Master
of
a
Ship
may
give
moderate
and
Pasch.
27
Car.
in
B.
R.
Capr.
Pidgeon
adsect
Argoe
.
due
Correction
to
his
Marriners
,
and
if
they
bring
an
Action
against
him
,
he
may
justifie
the
same
at
the
Common
Law
;
and
by
the
Law
of
Oleron
,
if
a
Marriner
shall
assault
the
Master
,
he
is
to
pay
5.
Solz
,
or
lose
his
Leg.
Oleron
,
Cap.
13.
hand
.
Marriners
after
they
have
unladed
the
Ship
,
if
they
demand
their
wages
,
and
there
be
any
intention
of
their
Per
Leg.
Oleron
Cap.
18.
departure
,
the
Master
may
detain
a
reasonable
proportion
of
the
same
till
they
bring
back
the
Ship
,
or
give
caution
to
serve
out
the
whole
Voyage
.
XIII
.
Barratry
of
the
Marriners
is
a
Disease
so
Epidemical
a
shipboard
,
that
it
is
very
rare
for
a
master
,
be
his
Industry
never
so
great
to
prevent
;
a
Span
of
Villany
a
shipboard
soon
spreads
out
to
a
Cloud
,
for
no
other
cause
but
of
that
circular
encouragement
that
one
knavish
Marriner
gives
to
another
.
However
the
Law
does
in
such
cases
impute
offences
and
faults
committed
by
them
to
be
negligences
in
the
Justit
.
de
ob
.
quae
ex
dilect
.
§.
Fin.
Master
;
and
were
it
otherwise
,
the
Merchant
would
be
in
a
very
dangerous
condition
.
The
Reasons
why
they
ought
to
be
responsible
,
are
,
for
that
the
Marriners
are
of
his
own
choosing
,
and
under
Pasch.
11
Jac
,
in
B.
R.
Hernes
versus
Smith
.
Rolls
Abridg.
530.
his
Correction
and
Government
,
and
know
no
other
Superiour
a
shipboard
but
himself
;
and
if
they
are
faulty
,
he
may
correct
and
punish
them
,
and
justifie
the
same
by
Law
:
and
likewise
if
the
fact
is
apparently
proved
against
them
,
may
re-imburse
himself
out
of
their
wages
.
XIV
.
And
therefore
in
all
cases
wheresoever
the
Merchants
loads
aboard
any
Goods
or
Merchandize
,
if
Naut
.
caup
.
Stab
.
Leg.
1.
Sect.
3
,
6
,
&
7.
Morse
versus
Slue
.
Pasch.
23
Car.
2.
in
B.
R.
they
be
lost
,
imbezled
,
or
any
otherwise
damnified
,
he
must
be
responsible
for
them
;
for
the
very
lading
them
aboard
makes
him
lyable
,
and
that
as
well
by
the
Common
Law
,
as
the
Law
Maritime
.
XV.
Nay
,
if
his
Marriners
go
with
the
Ship
Boat
to
the
Key
or
Wharfe
to
fetch
Goods
a
Shipboard
,
if
once
they
have
taken
charge
of
them
,
the
Master
becomes
Gloss.
super
●…od
.
Sect.
verb.
&
factum
.
immediately
responsible
if
they
steal
,
lose
,
damnifie
or
imbezle
them
.
XVI
.
The
antient'st
Record
that
is
found
extant
,
is
that
in
Edw.
the
Third's
time
,
where
one
brought
an
Action
of
Trespass
against
the
Master
for
the
imbezlement
by
his
Marriners
of
22
pieces
of
Gold
,
Bowe
,
Sheaf
of
Arrowes
,
Sword
,
and
other
things
;
And
adjudged
he
should
answer
.
And
for
that
the
same
is
or
may
be
of
great
moment
,
accept
of
a
Transcript
of
the
Record
,
as
the
same
was
certified
into
Chancery
,
in
order
to
have
it
sent
into
the
Kings-Bench
,
to
enable
the
Plaintiff
to
bring
an
Action
upon
the
same
Judgment
in
any
place
in
England
where
he
could
meet
with
the
Defendant
.
VEnerabili
in
Christo
Patri
Dno
I.
Dei
gratia
Brevia
Regis
in
Turri
London
.
Trin.
Anno
24
E.
3.
num.
45.
Bristol
.
Wygorn
Episcopo
Dni
Regis
Ed.
Cancellar'
vel
eius
locum
tenenti
sui
humiles
,
&
devoti
Robertus
Gyene
,
Major
Uille
Bristol
,
Edwardus
Blanckett
,
&
Iohes
de
Castle-acre
Ballivi
libertatem
ejusdem
Uille
,
salutem
cum
Omnia
reverentia
&
honore
,
De
tenori
&
Recordi
&
ꝓcessus
loquelle
que
fuit
coram
nobis
in
Cur'
Domini
Regis
ibm
sine
braevi
inter
Henr̄
Pilk
&
Iurdanum
Uenere
Magistrum
navis
voc̄
la
Graciane
de
Bayone
in
plito
transgress̄
ꝓut
ꝑ
breve
Dni
Regis
nobis
directum
fuit
vos
inde
certificatur
,
sub
sigillis
nostris
vobis
si
placet
mitimus
in
hijs
scriptis
.
Ad
placit
Tols
tent'
ibm
die
Martis
ꝓx
post
Festum
Epiphaniae
Domini
anno
Regni
Regis
nunc
24.
Henr̄
Pilk
quer'
opt
.
se.
versus
Iurdanum
Uenore
Magistrum
navis
vocat'
la
Graciane
de
Bayone
de
plito
transgress̄
ꝑ
pl
&c.
&
unde
quer'
,
quod
secundum
legem
&
consuetudinem
de
OLERON
unusquisque
Magister
navis
tenetur
respondere
de
quacunque
transgr̄
ꝑ
servientes
suos
in
eadem
fact
,
&
Iohes
de
Rule
&
Fartolet
de
Fornes
Servientes
p̄dicti
Iurdani
Magisteri
navis
p̄dicte
die
Mercur̄
ꝓx'
ante
Festum
Omnium
Sanctorum
Anno
Regui
p̄dicti
Regis
Ed.
23.
in
Mari
iuxta
Britan
:
in
eadem
navi
de
Iohanne
de
Cornub̄
servient̄
p̄dict̄
Henr̄
22.
libt̄
in
auro
arcus
Sagit
glad
.
&
al
bona
&
catalla
ad
valenc̄
40
l.
ceperunt
&
asportaverunt
injuste
&c.
ad
dampnum
p̄dict̄
Henr̄
60
l.
&
si
p̄dictus
Iurdanus
hoc
velit
dedicere
p̄dict̄
Henr̄
paratus
est
verificare
&c.
Et
p̄dictus
Iurdanus
venit
&
dicit
qd
lex
de
Oleron
talis
est
qd
si
aliqua
bona
&
catalla
Magistro
alicujus
navis
liberata
sunt
custodiend
,
unde
idem
Magister
ꝓ
eisdem
vel
ꝓ
aliqua
alia
re
in
eadem
navi
facta
manucap̄
illo
modo
Magr̄
navis
tenetur
respondere
,
non
alio
modo
,
Et
suꝑ
hoc
petit
Iudicium
,
Et
p̄dict
Henr̄
dicit
qd
unusquisque
Magister
navis
tenetur
respondere
d
oe
quacunque
transgressione
ꝑ
servientes
suos
in
navi
sua
fact
,
&
petit
Iudicium
simlr̄
.
Et
suꝑ
hoc
p̄dicte
ꝑtes
habent
diem
hic
die
Sabati
ꝓx̄
post
Festum
sc̄i
Hillarij
ꝓx̄
.
futur'
ad
audiend
judicium
suum
&c.
Ad
quem
diem
pdicte
ꝑtes
venerunt
&
petierunt
Iudicium
suum
&c.
Et
recitat
.
Recordo
&
processu
p̄dictis
in
plena
Curia
Coram
Majore
&
Ballivis
&
alijs
probis
hominibus
Uille
&
Magistris
&
Marinarijs
,
visum
fuit
Curie
,
quod
unusquisque
Magister
navis
tenetur
respondere
de
quacunque
transgressione
ꝑ
servientes
suos
in
navi
sua
facta
,
Ideo
consideratum
The
Judgment
in
this
case
is
according
to
Law
,
&
ought
not
to
have
been
a
Capiatur
;
for
it
is
not
such
a
Trespass
as
the
King
is
entitled
to
a
Fine
.
Vide
2
Cro.
224.
Beedle
versus
Morris
,
7
Jac.
Co.
Entries
the
same
,
347.
est
,
quod
p̄dict
Henr̄
recuperet
dampna
sua
40
l.
vsus
p̄dict
Iurdanum
ꝑ
Cur'
ta●at
&
nichilominus
idem
Iurdanus
transgressione
predicta
in
mīa
.
XVII
.
The
Master
subject
to
answer
damage
,
is
to
be
understood
in
all
such
cases
where
the
Lading
was
brought
aboard
either
by
his
consent
or
his
Pursers
;
for
any
other
,
or
such
as
shall
be
secretly
brought
in
not
being
Leg.
1.
in
fin
.
Naut
.
Caup
.
per
leg
.
itaque
de
furlis
.
entred
in
the
Purser's
Book
,
or
in
the
Bills
of
Lading
,
the
Master
is
not
obliged
to
see
forth-coming
,
unless
it
be
such
Goods
as
the
parties
bring
into
the
Ship
about
them
,
as
cloaths
,
money
and
the
like
,
as
above
,
those
things
being
seldome
entred
,
yet
most
commonly
are
visible
,
the
Master
by
Law
is
responsible
for
.
XVIII
.
So
likewise
if
a
Master
forewarn
a
Passenger
Eod.
Leg.
in
fin
.
Naut
.
Caup
.
&
p●…r
Leg
,
itaque
de
eod.
edict
.
to
keep
his
Goods
,
and
that
he
will
no
wayes
take
care
of
them
,
and
if
they
be
lost
or
purloyned
by
the
Crew
,
he
will
not
be
obliged
to
see
them
forth-comeing
;
The
Master
is
not
there
held
responsible
in
case
Bartol.
&
Jason
in
leg
.
non
solum
§.
mortem
.
de
no●…
oper.
of
a
loss
,
especially
if
there
be
any
thing
of
an
agreement
thereunto
.
XIX
.
But
if
Goods
shall
be
sent
aboard
a
Ship
,
Brand
versus
Glasses
,
Sir
Francis
Moore
Trin.
25
Eliz.
in
the
Exchequer
.
and
the
Master
shall
appoint
a
Cabin
for
the
same
,
and
deliver
the
Key
to
the
Lader
and
tell
him
he
will
not
be
responsible
if
a
loss
happens
;
yet
if
the
Goods
are
stole
,
he
must
notwithstanding
make
satisfaction
:
By
the
Common
Law
it
shall
bind
an
Inn-keeper
.
Vide
the
same
Book
,
Mich.
7
Eliz.
post
.
W●…rley's
case
.
Note
,
That
Goods
once
delivered
to
a
Master
,
the
Cargo
is
not
subject
to
be
attached
in
his
hands
,
nor
can
any
Custome
whatsoever
support
the
same
;
for
they
are
in
Law
as
it
were
bayled
to
the
Ship
untill
the
Freight
and
all
other
charges
are
paid
*
:
and
very
much
doubted
whether
an
Attachment
can
be
made
in
London
of
any
Goods
at
all
lying
a
Shipboard
in
the
Rives
of
Thames
,
(
which
though
the
Port
of
London
)
notwithstanding
Freight
and
all
other
charges
are
paid
off
.
CHAP.
IV.
Of
Freight
,
Charter-parties
,
and
Demorage
.
-
I.
The
various
wayes
that
Ships
may
be
Freighted
at
this
day
.
-
II.
The
ancient
way
of
Freighting
.
-
III.
How
the
same
is
governed
upon
the
various
Contracts
,
and
of
Accidents
happening
to
Masters
or
Laders
preventing
the
Voyage
.
-
IV.
Of
Ships
laded
and
unladed
before
the
Voyage
begun
;
Their
becoming
disabled
,
viz.
perish
in
the
Voyage
before
the
same
is
compleated
.
-
V.
Of
Ships
departure
considered
as
in
reference
to
Freight
and
Damage
.
-
VI.
Of
Freight
arising
on
Trading
Voyages
,
and
lost
by
contingent
actions
,
considered
by
the
Common
Law
,
and
the
Law
Maritime
.
-
VII
.
Of
Freight
becoming
due
upon
the
various
wayes
of
Contract
,
or
general
where
none
was
agreed
for
.
-
VIII
.
Of
Faults
arising
from
the
Freighters
,
and
of
the
decease
of
the
Ship
,
as
in
reference
to
Freight
.
-
IX
.
Of
Faults
of
Masters
arising
from
taking
in
Goods
more
than
were
contracted
for
;
And
of
being
forc'd
into
Ports
in
his
passage
.
-
X.
Passengers
dying
,
the
Ship●…
title
to
their
Goods
and
Concerns
.
-
XI
.
The
Ship
in
construction
of
Law
,
how
far
lyable
to
Freight
.
-
XII
.
Ships
taken
and
retaken
in
Warr
,
whether
the
same
destroyes
the
Contract
.
-
XIII
.
Goods
become
lost
without
fault
of
the
Ship
,
whether
Freight
becomes
due
.
-
XIV
.
Of
Freight
contracted
with
persons
deficient
.
-
XV.
Of
Ships
contracted
for
by
the
mouth
to
be
paid
at
the
arrival
at
a
Port
;
Ship
is
cast
away
,
the
Goods
saved
:
whether
the
Freight
ought
to
he
paid
.
I.
IN
the
Freighting
of
Ships
respect
is
alwayes
had
to
the
Ship
it self
,
or
else
to
a
certain
part
thereof
.
Again
,
The
Merchants
either
Freight
her
by
the
Month
,
or
the
Entire
Voyage
,
or
by
the
Tun
;
for
it
is
one
thing
to
Freight
a
Ship
,
and
another
thing
to
take
certain
Tunnage
to
Freight
.
So
also
it
is
one
thing
to
be
a
Cape-Merchant
,
another
to
be
an
under
Freighter
.
II.
There
was
of
old
another
way
of
Freighting
,
which
was
when
the
Merchant
agreed
with
the
Master
21
E.
3.
Cottons
Abridgment
of
the
Parliament
Records
,
fo.
63
for
a
Sum
certain
to
convoy
the
Goods
ensur'd
against
all
peril
;
such
were
to
be
responsible
if
any
detriment
or
loss
happened
:
but
that
is
now
become
obsolete
.
III.
Freight
is
governed
generally
by
the
contract
,
Naut
.
Caupo
.
ftab
.
&c.
Leg.
1.
§.
quamcunque
vim.
and
varies
according
to
the
agreement
,
reduced
generally
into
a
Writing
commonly
called
a
Charter-party
,
executed
between
the
Owners
and
Merchant
,
or
the
Master
in
the
behalf
of
himself
and
Owners
,
or
himself
Si
quis
navem
conduxerit
instrumenat
consignata
sunto
,
Pekieus
Com.
ad
leg
.
Rhod.
Art.
20.
and
the
Merchant
,
or
between
them
all
.
The
Master
or
Owners
generally
Covenant
to
provide
a
Pylott
and
all
other
Officers
and
Marriners
,
and
all
other
things
necessary
for
the
Voyage
;
and
for
the
taking
in
and
delivering
out
of
the
Lading
.
If
there
be
an
agreement
and
earnest
,
but
no
writing
,
Per
Leg.
Naval
.
Rhod.
Artic.
19.
if
the
same
be
broke
off
by
the
Merchant
,
he
loseth
his
earnest
;
but
if
the
Owners
or
Master
repent
,
they
lose
double
the
earnest
.
But
by
the
Common
Law
of
England
the
party
damnified
Mich.
10
Car.
in
B.
R.
Langdon
and
Stocks
case
.
1
Cro.
fo.
279.
Per
Leg.
item
.
§.
Si
in
leg
.
loca
.
may
bring
his
Action
of
the
Case
and
recover
his
damages
on
the
agreement
.
If
a
time
is
appointed
by
the
Charterparty
,
and
either
the
Ship
is
not
ready
to
take
in
,
or
the
Merchant
not
ready
to
lade
aboard
,
the
parties
are
at
liberty
,
and
the
party
damnified
hath
his
remedy
against
the
other
by
Action
,
to
recompence
the
detriment
.
If
part
of
the
Lading
be
a
Shipboard
,
and
it
happens
some
misfortune
may
overtake
the
Merchant
that
he
hath
not
his
full
Lading
aboard
at
the
time
,
the
Master
is
at
liberty
to
contract
with
another
,
and
shall
have
Freight
by
way
of
damage
for
the
time
that
those
Goods
were
aboard
after
the
time
limited
;
for
such
agreements
are
of
a
Conditional
nature
precedent
,
a
failer
as
to
a
compleat
Lading
will
determine
the
same
,
unless
afterwards
affirm'd
by
consent
.
And
though
it
be
no
prudence
for
every
Merchant
or
every
Master
to
depart
from
the
Contract
if
it
should
so
fall
out
that
the
Agreement
as
to
the
Lading
is
not
performed
according
to
the
Charter-party
or
Agreement
,
(
seldome
ever
done
if
any
part
be
aboard
)
yet
it
is
the
highest
Justice
,
that
Ships
and
Masters
should
not
be
infettered
but
free
;
for
otherwise
by
the
bare
lading
of
a
Cask
or
Bale
,
they
might
be
defeated
of
the
opportunity
of
Passage
or
Season
of
the
year
.
So
on
the
other
hand
,
if
the
Vessel
is
not
ready
,
the
Mich.
10
Car.
in
B.
〈◊〉
.
Langdon
and
Stocks
case
,
Cro.
1.
part
,
279.
Merchant
may
ship
aboard
in
another
Vessel
the
remainder
of
his
Goods
,
and
discharge
the
first
Skipper
,
and
recover
damages
against
the
Master
or
Owners
for
the
rest
:
And
this
is
grounded
upon
the
like
reason
as
the
former
.
And
therefore
by
the
Law
Maritime
,
chance
or
some
Per
Leg.
si
ex
conducto
&
leg
.
si
item
fundus
&
leg
.
haec
distinctio
.
other
notorious
necessity
will
excuse
the
Master
;
but
then
he
loseth
his
Freight
till
such
time
as
he
breaks
ground
:
And
till
then
he
sustains
the
loss
of
the
Ship
.
But
if
the
fault
be
in
the
Merchant
,
he
then
must
answer
Per
Leg.
Oleron
.
Cap.
21.
the
Master
and
the
Ships
damage
,
or
else
be
lyable
to
entertain
the
Ships
Crew
ten
dayes
at
his
own
Charge
;
but
after
that
,
then
the
full
Freight
:
and
if
any
damage
Artic.
25.
Legum
Navalium
,
Art.
29.
eod.
happens
afterwards
,
the
Merchant
must
run
the
risque
of
that
,
and
not
the
Master
or
Owners
.
But
by
the
Common
Law
,
so
long
as
the
master
hath
the
Goods
Rich
versus
Kneeland
,
Cro.
2.
part
.
a
shipboard
he
must
see
them
forth-coming
.
IV.
If
Goods
are
fully
laded
aboard
,
and
the
Ship
hath
broke
ground
,
the
Merchant
on
consideration
afterwards
Ad
Leg.
Rhod.
resolves
not
on
the
adventure
,
but
will
unlade
again
;
by
the
Law
Maritime
the
Freight
seems
deserved
.
But
if
the
Ship
in
her
Voyage
becomes
unable
without
the
Masters
fault
,
or
that
the
Master
or
Ship
be
Arrested
Judg.
Oleron
.
Leg.
ult.
ad
ad
Rhod.
by
some
Prince
or
State
in
her
Voyage
,
the
Master
may
either
mend
his
Ship
,
or
Freight
another
.
But
if
the
Merchant
will
not
agree
to
the
same
,
then
Digest
.
Paulus
,
l.
14.
2.
§.
10.
the
Freight
becomes
due
for
so
much
as
the
Ship
hath
earned
:
For
otherwise
the
Master
is
lyable
for
all
damage
that
shall
happen
.
And
therefore
if
that
Ship
to
which
the
Goods
were
transladed
perish
,
the
Master
shall
answer
;
but
if
both
the
Ships
perish
,
then
is
he
discharged
.
But
if
there
be
extream
necessity
,
as
that
the
Ship
is
in
a
sinking
condition
,
and
an
empty
ship
is
passing
by
or
at
hand
,
he
may
translade
the
Goods
;
and
if
that
Ship
sink
or
perishes
,
he
is
there
excused
:
but
then
it
must
be
apparent
that
that
Ship
seem'd
probable
and
sufficient
.
V.
If
a
set
time
be
fixed
and
agreed
upon
between
the
Merchant
and
the
Master
wherein
to
begin
and
Leg.
qui
Romae
〈◊〉
.
Cllimachus
,
〈◊〉
.
de
verb.
obl.
finish
his
Voyage
,
it
may
not
be
altred
by
the
supra
Cargo
without
special
Commission
for
that
purpose
.
If
a
Master
shall
weigh
Anchor
and
stand
out
to
his
Voyage
after
the
time
covenanted
or
agreed
on
for
his
departure
,
if
any
damage
happens
at
Sea
after
that
time
,
he
shall
refund
and
make
good
all
such
misfortune
.
If
it
is
agreed
that
the
Master
shall
sayl
from
London
Ang.
Alex.
&
Jason
in
di●…
.
§.
Callimachus
.
to
Leighorne
in
two
moneths
,
and
Freight
accordingly
is
agreed
on
,
if
he
begins
the
Voyage
within
the
two
months
,
though
he
does
not
arrive
at
Leighorne
within
the
time
,
yet
the
Freight
is
become
due
.
VI.
If
a
Ship
is
Freighted
from
one
Port
to
another
Leg.
Relagati
ff.
de
poenis
&
Leg.
ult.
ff.
de
S●…p
.
vi●…
.
Port
,
and
thence
to
a
third
,
fourth
,
and
so
home
to
the
Port
from
whence
she
first
sayled
,
(
commonly
called
a
trading
Voyage
)
this
is
all
but
one
and
the
same
Voyage
,
so
as
it
be
in
conformity
to
the
Charterparty
.
A
Merchant
agrees
with
a
Master
,
That
if
he
carries
his
Goods
to
such
a
Port
,
he
will
then
pay
him
such
a
Sum
;
in
the
Voyage
the
Ship
is
assaulted
,
entred
and
robb'd
by
Pyrats
,
and
part
of
her
Lading
taken
forth
,
Trin.
9
Jac.
in
C.
B.
Rott.
638.
Bright
versus
Cooper
,
Brownlow
1.
part
.
and
afterward
the
remainder
is
brought
to
the
Port
of
discharge
,
yet
the
sum
agreed
upon
is
not
become
due
;
for
the
Agreement
is
not
by
the
Master
performed
.
But
by
the
Civil
Law
this
is
vis
major
,
or
casus
fortuitus
,
there
being
no
default
in
the
Master
or
his
Marriners
,
and
the
same
is
a
danger
or
peril
of
the
Sea
,
which
if
not
in
Navall
Agreements
exprest
,
yet
is
naturally
implyed
:
For
most
certain
had
those
goods
which
the
Pyrats
carried
away
in
stress
of
weather
,
Navis
levandae
causa
,
been
thrown
over-board
,
the
same
Co.
1.
part
,
97.
Shelley'
s
case
.
Reniger
and
Fogassas
case
.
Plowden
Com.
But
a
Pyrat
is
not
an
Enemy
.
Vide
Chap.
Pyracy
.
Leg.
Si
quis
Cod.
de
Justit
.
&
substic
.
would
not
have
made
a
disability
as
to
the
Receipt
of
the
sum
agreed
on
;
for
by
both
the
Common
Law
,
and
the
Law
Maritime
,
the
act
of
God
,
or
that
of
an
Enemy
shall
no
wayes
work
a
wrong
in
actions
private
.
VII
.
If
a
Ship
be
Freighted
by
the
Tun
,
and
she
is
full
laded
according
to
the
Charterparty
,
the
Freight
is
to
be
paid
for
the
whole
;
otherwise
but
for
so
many
Tun
as
the
Lading
amounted
to
.
If
Freight
be
contracted
for
the
Lading
of
certain
Cattle
or
the
like
from
Dublin
to
West-Chester
,
if
some
of
them
happen
to
dye
before
the
Ships
arrival
at
West-Chester
;
the
whole
Freight
is
become
due
as
well
for
the
dead
as
the
living
.
But
if
the
Freight
be
contracted
for
the
Transporting
Arg.
Leg.
Ssite
ff.
de
annis
legatis
&
leg
.
illis
libertis
i●…
fin
.
ff.
do
condit
,
&
demon
.
Arg.
7.
Leg.
qui
operas
&
leg
.
fiaedes
§.
cum
quidam
&
§.
●…n
.
ff.
locati
.
Leg.
sed
&
addes
in
§.
Si
quis
mulirem
〈◊〉
▪
locat
.
them
,
if
death
happens
,
there
arises
due
no
more
Freight
then
onely
for
such
as
are
living
at
the
Ships
arrival
at
her
Port
of
discharge
,
and
not
for
the
dead
.
If
the
Cattle
or
Slaves
are
sent
aboard
,
and
no
agreement
is
made
either
for
lading
or
transporting
them
,
but
generally
,
then
Freight
shall
be
paid
as
well
for
the
dead
as
the
living
.
If
Freight
be
contracted
for
the
transporting
of
Women
,
and
they
happen
in
the
Voyage
to
be
delivered
of
Children
on
Ship-board
,
no
Freight
becomes
due
for
the
Infants
.
The
Charterparty
does
settle
the
Agreement
,
and
the
Bills
of
Lading
the
contents
of
the
Cargo
,
and
binds
There
are
3.
Bills
of
Lading
alwayes
made
,
the
one
to
be
sent
over
Se●…
to
him
to
whom
the
Goods
are
consigned
to
,
the
other
for
the
Master
,
and
the
last
for
the
Merchant
or
Lader
.
the
Master
to
deliver
them
well
conditioned
at
the
place
of
discharge
according
to
the
contents
of
the
Charterparty
or
Agreement
;
and
for
performance
,
the
Master
obliges
himself
,
Ship
,
Tackle
and
Furniture
to
see
the
same
done
and
performed
.
If
Goods
are
sent
aboard
generally
,
the
Freight
must
be
according
to
Freight
for
the
like
accustomed
Voyages
.
If
a
Ship
shall
be
Freighted
and
named
to
be
of
such
a
Burden
,
and
being
Freighted
by
the
Tun
shall
be
found
less
,
there
shall
no
more
be
paid
than
onely
by
the
Tun
for
all
such
Goods
as
were
laded
aboard
.
If
a
Ship
be
Freighted
for
two
hundred
Tuns
or
thereabouts
,
the
addition
of
thereabouts
,
is
commonly
reduced
to
be
within
5.
Tun
more
or
less
,
as
the
moiety
of
the
number
Ten
,
whereof
the
whole
number
is
compounded
.
If
a
Ship
be
Freighted
by
the
great
,
and
the
burden
of
it
is
not
exprest
,
yet
the
sum
certain
is
to
be
paid
.
VIII
.
If
the
Ship
by
reason
of
any
fault
arising
from
the
Freighter
,
as
lading
aboard
prohibited
or
unlawful
Leg.
penult.
§.
novem
F.
de
locat
.
Commodities
,
occasions
a
detention
,
or
otherwise
impedes
the
Ships
Voyage
,
he
shall
answer
the
Freight
contracted
and
agreed
for
.
If
a
Ship
be
Freighted
out
and
in
,
there
arises
due
Trin.
9
Jae
.
B.
R.
Bright
versus
Cowper
,
Brownlow
,
1.
part
.
for
Freight
nothing
till
the
whole
Voyage
be
performed
.
So
that
if
the
Ship
dye
or
is
cast
away
coming
home
,
the
Freight
outwards
as
well
as
inwards
becomes
lost
.
IX
.
If
a
Master
Freights
out
his
Ship
,
and
afterwards
Leg.
Oleroon
.
Leg.
Naval
.
Rhod.
Art.
25.
secretly
takes
in
other
Goods
unknown
to
the
first
Laders
,
by
the
Law
Maritime
he
loses
his
Freight
;
and
if
it
should
so
fall
out
that
any
of
the
Freighters
Goods
should
for
safety
of
the
Ship
be
cast
over-board
,
the
rest
shall
not
become
subject
to
the
Averidge
,
but
the
Master
must
make
good
that
out
of
his
own
purse
:
But
if
the
Goods
are
brought
into
the
Ship
secretly
against
his
knowledge
,
it
is
otherwise
;
and
Goods
so
brought
in
,
the
same
may
be
subjected
to
what
Freight
the
Master
thinks
fitting
.
Consol.
del
Mere.
If
the
Ship
puts
in
to
any
other
Port
then
what
she
was
Freighted
to
,
the
Master
shall
answer
damage
to
the
Merchant
;
but
if
forc'd
in
by
storm
,
or
by
Enemy
,
or
Leg.
Oleroon
.
Pyrats
,
he
then
must
sayl
to
the
Port
conditioned
at
his
own
costs
.
Generally
the
touching
at
several
Ports
by
agreement
,
imports
not
a
diversity
,
but
a
Voyage
entire
.
X.
If
Passengers
having
Goods
happen
to
decease
a
Ship-board
,
the
Master
is
to
inventory
their
concerns
,
and
the
same
may
a
year
keep
;
and
if
none
claym
the
same
,
the
Master
becomes
Proprietor
defeazeable
:
but
the
Bedding
and
Furniture
of
the
parties
become
the
Master
and
his
Mates
,
and
the
clothing
are
to
be
brought
to
the
Ship-Mast
head
,
and
there
praised
and
distributed
Leg.
Consolat
,
del
Mar.
amongst
the
crew
,
as
a
reward
for
their
care
of
seeing
the
body
put
into
the
Sea
.
XI
.
The
Lading
of
the
Ship
in
construction
of
Law
Bald.
in
leg
.
certi
juris
in
4.
Q.
in
verb.
Quid
ergo
Cod.
locat
.
is
tacitly
obliged
for
the
Freight
,
the
same
being
in
point
of
payment
preferred
before
any
other
Debts
to
which
the
Goods
so
laden
are
lyable
,
though
such
Debts
as
to
time
were
precedent
to
the
Freight
;
for
the
Goods
remain
as
it
were
bayled
for
the
same
:
nor
can
they
be
Attached
in
the
Masters
hands
(
though
vulgarly
is
conceived
otherwise
.
)
Ships
deserve
wages
like
unto
a
Labourer
,
and
therefore
in
the
eye
of
the
Law
the
actions
touching
the
same
are
generally
construed
favourably
for
the
Ship
and
her
Owners
:
And
therefore
if
4.
part
Owners
of
5.
shall
make
up
their
Accounts
with
the
Freighters
and
Hill.
26
,
27
Car.
2.
in
B.
R.
Stanley
versus
Ayles
.
receive
their
proportions
,
yet
the
fifth
man
may
sue
singly
by
himself
without
joyning
with
the
rest
;
and
this
as
well
by
the
Common
Law
,
as
the
Law
Maritime
.
XII
.
A
Ship
in
her
Voyage
happens
to
be
taken
by
an
Enemy
,
afterwards
in
Battle
is
retaken
by
another
Ship
in
Amity
,
and
restitution
is
made
,
and
she
proceeds
on
in
her
Voyage
,
the
Contract
is
not
determined
;
though
the
taking
by
the
Enemy
divested
the
property
7
R.
2.
Statham
Abridg.
54.
out
of
the
Owners
,
yet
by
the
Law
of
Warr
that
possession
was
defeazeable
,
and
being
recovered
in
Battel
afterward
,
the
Owners
became
re-invested
:
so
the
Contract
In
Jurae
Postliminij
leg
.
retor'
.
&
leg
.
in
bello
§.
1.
by
fiction
of
Law
became
as
if
she
never
had
been
taken
,
and
so
the
entire
Freight
becomes
due
.
XIII
.
If
Freight
be
taken
for
100
Tuns
of
Wine
,
and
20
of
them
leak
out
,
so
that
there
is
not
above
8.
inches
from
the
Buge
upwards
,
yet
the
Freight
becomes
due
:
One
reason
is
,
because
from
that
gage
the
King
bovce
versus
Cole
〈◊〉
'
&
Cole
jun
'
,
Hill'
26
,
27
Car.
2.
in
B.
R.
becomes
entitled
to
Custome
;
but
if
they
be
under
8.
inches
,
by
some
it
is
conceived
to
be
then
in
the
Election
of
the
Freighters
to
fling
them
up
to
the
Master
for
Freight
,
and
the
Merchant
is
discharged
.
But
most
conceive
otherwise
,
for
if
all
had
leaked
out
,
(
if
there
was
no
fault
in
the
Master
)
there
is
no
reason
the
Ship
should
lose
her
Freight
;
for
the
Freight
arises
from
the
Tunnage
taken
,
and
if
the
leakage
were
occasioned
through
storm
,
the
same
perhaps
may
come
into
an
Averidge
;
Besides
,
In
Burdaux
the
Master
stowes
not
the
Goods
,
but
the
particular
Officers
appointed
for
that
purpose
,
quod
Nota.
Perhaps
a
special
convention
may
alter
the
case
.
Most
certain
,
if
a
Ship
Freighted
by
the
great
be
cast
When
such
a
misfortune
happens
,
the
Ensured
commonly
transfer
those
Goods
over
to
the
As●…urors
who
take
them
towards
satisfaction
of
what
they
pay
by
vertue
of
their
subscriptions
.
away
,
the
Freight
vanishes
;
but
if
by
the
Tun
or
Pieces
of
Commodity
,
and
she
happens
to
be
cast
away
,
afterwards
part
is
saved
;
doubted
whether
pro
rata
she
ought
not
to
be
answered
her
Freight
.
XIV
.
If
a
Merchant
takes
Freight
by
contracting
with
a
Marriner
that
is
not
a
Master
,
he
must
be
contented
to
sit
down
without
any
remedy
against
the
Owners
;
but
perhaps
such
a
Marriner
for
such
act
may
subject
himself
to
an
action
.
But
if
there
be
a
fault
committed
by
a
Marriner
which
was
hired
or
put
in
by
the
Master
or
Owners
,
there
for
Co.
4.
Inst.
146.
reparation
the
Owners
become
lyable
.
XV.
The
Master
is
not
bound
to
answer
Freight
to
the
Owners
for
passengers
if
they
are
found
to
be
unable
Johannes
Locinius
lib.
3.
Cap.
8.
to
pay
.
If
a
Ship
by
Charterparty
reciting
to
be
of
the
Burden
of
200
Tuns
is
taken
to
Freight
for
a
sum
certain
,
to
be
paid
at
her
return
;
the
sum
certain
is
to
be
paid
though
the
Ship
amounts
not
to
that
Burden
.
If
a
Ship
is
Freighted
after
the
rate
of
20
l.
for
every
moneth
that
she
shall
be
out
,
to
be
paid
after
arrival
at
the
Port
of
London
;
the
Ship
is
cast
away
coming
up
from
the
Downs
,
but
the
Lading
is
all
preserved
;
yet
the
Freight
is
become
due
:
for
the
money
arises
due
monthly
by
the
Contract
,
and
the
place
mentioned
is
onely
to
shew
where
payment
is
to
be
made
,
for
the
Ship
deserves
wages
like
a
Marriner
who
serveth
by
the
month
;
and
though
he
dyes
in
the
Voyage
,
yet
his
Executors
are
to
be
answered
pro
rata
:
Besides
,
the
Freight
becomes
due
by
intendment
on
the
delivery
or
bringing
up
of
the
Commodities
to
the
Port
of
London
,
and
not
of
the
Ship
.
If
the
Master
enters
into
a
Charterparty
for
himself
and
Owners
,
the
Master
in
that
case
may
release
the
Freighters
without
advising
with
the
Owners
;
but
if
the
Owners
let
out
to
the
Freighters
such
a
Ship
whereof
J.
S.
is
Master
,
though
the
Master
Covenant
in
the
same
Charterparty
and
subscribes
,
yet
his
Release
in
that
case
will
not
bind
the
Owners
,
but
the
Owners
release
on
the
other
hand
will
conclude
the
Master
;
And
the
reason
is
,
for
that
the
Master
is
not
made
a
proper
party
to
the
Indenture
.
And
so
it
was
Rul'd
,
where
an
Indenture
of
Charterparty
was
made
between
Scudamore
and
other
Owners
of
the
good
Ship
called
the
B.
whereof
Robert
Pitman
was
Master
on
the
one
party
,
and
Vandenstene
on
the
other
party
;
In
which
Indenture
the
Plaintiff
did
Covenant
with
the
said
Vandenstene
and
Robert
Pitman
,
and
bound
themselves
to
the
Plaintiff
and
Robert
Pitman
for
performance
of
Covenants
in
600
l.
and
the
Conclusion
of
the
Indenture
was
,
—
In
witness
whereof
the
Scudamore
&
al'
versus
Pitman
.
Trin.
29
Eliz.
in
B.
R.
cited
in
Co.
2.
Inst.
fo.
673.
said
Robert
Pitman
put
his
hand
and
seal
,
and
delivered
the
same
;
in
an
Action
of
Debt
brought
upon
the
Bond
for
performance
of
Covenants
,
the
Defendant
pleaded
the
Release
of
Pitman
;
whereupon
the
Plaintiff
demurred
:
And
it
was
adjudged
,
That
the
Release
of
Pitman
did
not
barr
the
Plaintiff
,
because
he
was
no
party
to
the
Indenture
.
And
the
diversity
in
that
case
was
taken
and
agreed
between
an
Indenture
reciprocal
between
parties
on
the
one
side
,
and
parties
on
the
other
side
,
as
that
was
;
for
there
no
Bond
,
Covenant
or
Grant
can
be
made
to
or
with
any
that
is
not
party
to
the
Deed
,
but
where
the
Deed
indented
is
not
reciprocal
,
but
is
without
a
Between
,
&c.
as
Omnibus
Christi
fidelibus
,
&c.
there
a
Bond
,
Covenant
or
Grant
may
be
made
to
divers
several
persons
.
CHAP.
V.
Of
Wreck
.
-
I.
Of
Goods
Wreckt
as
in
relation
to
the
alteration
of
the
property
by
the
Civil
Law
.
-
II.
Of
the
preservation
of
Goods
Wreckt
,
and
the
punishment
of
those
that
should
add
misery
to
the
condition
of
such
persons
so
distressed
.
-
III.
Of
Goods
Wreckt
,
their
preservation
according
to
the
Lawes
of
Oleron
,
and
of
England
,
and
of
the
punishment
of
those
that
shall
not
make
restitution
.
-
IV.
Of
contribution
where
the
Ship
perishes
,
and
the
Goods
are
all
saved
,
and
where
not
.
-
V.
The
King
of
Great
Britain's
Prerogative
as
in
relation
to
Wreck
and
other
Royalties
of
the
Sea
.
-
VI.
Of
Flotsam
,
Jetsam
and
Lagan
,
where
the
King
shall
have
the
same
,
and
whether
by
the
grant
of
Wreck
the
same
passes
;
and
where
a
Subject
may
prescribe
.
-
VII
.
Of
Ships
Wreckt
and
no
Creature
in
them
,
yet
no
Wreck
;
and
of
Ships
forsaken
,
whether
in
Law
accounted
lost
or
wreckt
,
or
neither
.
-
VIII
.
Of
the
Sheriffs
duty
as
in
relation
to
Goods
wreckt
;
and
of
Owners
their
time
of
claiming
their
property
.
-
IX
.
Wreckt
Goods
not
to
pay
Custome
.
-
X.
Of
Wreck
in
the
Isle
of
Wight
,
not
in
the
Admiral
without
special
words
.
IN
matters
of
Wreck
there
is
as
it
were
a
Contract
between
them
which
have
lost
their
Goods
by
such
misfortune
,
and
them
upon
whose
Lands
the
Goods
and
Merchandize
are
driven
,
that
the
same
be
restored
to
them
,
or
those
that
claym
under
them
.
And
therefore
by
the
Civil
Law
it
is
precisely
forbid
,
that
no
man
L.
ne
quid
ff.
de
incendio
ruina
&
naufragio
.
shall
meddle
with
such
Goods
as
are
Wreck'd
;
and
such
as
are
proved
to
have
stolne
any
thing
thereout
,
are
holden
for
Robbers
;
for
that
such
Goods
being
cast
on
Land
and
recovered
out
of
the
Sea
,
remains
still
his
Leg.
44.
D.
de
adq
.
ver.
dom.
who
was
the
owner
thereof
,
and
discend
upon
his
Successor
;
neither
Escheat
to
the
King
,
neither
to
any
other
to
whom
the
King
hath
granted
such
Royal
Priviledge
.
The
reason
why
the
Laws
were
so
strictly
declared
by
the
Romans
,
was
,
for
by
the
Lawes
of
Rhodes
,
if
any
Ship
had
become
Wreck
,
though
all
the
persons
were
saved
and
alive
,
yet
the
Ship
and
Goods
became
seizeable
by
the
Lords
:
But
the
same
being
Barbarous
,
was
afterward
repealed
and
abrogated
as
well
by
those
Emperours
in
their
Territories
,
as
here
in
England
;
the
first
by
the
Judgment
of
Oleron
,
which
provided
in
such
Per
le
Judgment
Oleron
,
Cap.
26
,
&
47.
misfortune
,
That
if
the
Merchant
,
Marriners
or
Merchants
,
or
any
of
these
escape
and
come
safe
to
Land
,
the
same
was
not
to
be
accounted
Wreck
.
The
Emperour
Constantine
the
Great
sayes
in
this
case
,
if
any
Ship
at
any
time
by
any
Shipwreck
be
driven
unto
the
shoare
,
or
touch
at
any
land
,
Let
the
Owner
Leg.
1.
lib.
11.
C.
de
Naufragijs
.
have
it
,
and
let
not
my
Exchequer
meddle
with
it
:
for
what
right
hath
my
Exchequer
in
another
mans
Calamity
,
so
that
it
should
hunt
after
gain
in
such
a
woful
case
as
this
is
?
And
yet
if
no
Kindred
appear
within
a
year
and
a
day
,
and
appearing
prove
not
the
Goods
shipwracked
to
be
theirs
,
the
Goods
come
to
the
Exchequer
even
by
that
Law
:
So
much
that
Law
condemns
carelesness
,
which
is
written
,
vigilantibus
&
non
dormientibus
.
And
with
this
agrees
the
Laws
of
Oleron
,
and
the
Lawes
of
this
Land
,
as
taken
out
of
those
Imperial
Laws
,
in
that
Point
,
as
is
conceived
.
II.
The
Civil
Law
was
ever
so
curious
and
careful
of
the
preserving
the
Goods
of
such
miserable
persons
,
Leg.
1.
in
pr.
de
incend
.
ruin
.
leg
.
in
eum
cum
auth.
seq.
de
surt
.
that
if
any
should
steal
such
,
they
should
pay
four-fold
to
the
Owner
,
if
pursued
within
a
year
and
a
day
;
and
as
much
to
the
Prince
or
his
Admiral
:
So
carefully
were
,
and
so
exact
in
requiring
restitution
,
that
the
very
stealing
Leg.
3.
in
sin
.
de
incend
.
ru
.
nauf
.
of
a
Nayl
or
the
worth
thereof
,
obliged
the
Thief
to
the
restitution
of
all
the
remaining
Goods
.
And
by
the
Emperour
Antonius
it
was
made
a
Law
for
such
sort
of
men
,
that
they
should
be
batten'd
and
banish'd
for
3.
years
;
but
that
was
onely
for
those
of
a
high
and
Leg.
pedibus
cod
.
Honourable
rank
:
but
those
that
were
base
and
ignoble
,
should
be
scourged
and
sent
to
the
Gallies
,
or
Metal
Mines
.
And
the
preventing
of
help
to
such
shipwrackt
persons
Arg.
leg
.
succurlarij
de
Extrod
.
Crim.
was
punisht
with
the
same
suffering
as
a
Murtherer
.
The
like
for
those
that
shall
put
forth
any
Treacherous
Lanthorn
or
Light
,
with
intention
to
subject
them
to
danger
or
shipwrack
,
was
punish'd
with
death
.
And
though
no
harm
happens
,
yet
he
may
be
punished
:
Per
leg
.
incend
.
ruin
.
Naufrag
.
Leg.
ne
piscator
.
hence
it
is
that
Fishers
are
forbidden
to
Fish
with
Lights
in
the
Night
,
for
fear
of
betraying
of
Saylors
.
And
here
I
cannot
omit
the
Great
and
Pious
Care
that
His
Majestie
hath
had
in
his
Directions
about
Light-Houses
and
Lanthorns
,
and
other
special
Sea-Marks
;
but
more
especially
in
his
Erecting
at
his
own
Princely
Charge
that
most
excellent
Light-House
near
Goldston
by
Yarmouth
,
which
both
for
Height
,
Curiosity
and
Form
,
not
inferiour
if
not
excelling
all
or
most
in
Christendome
.
But
this
good
Law
does
not
extend
to
Pyrats
,
Robbers
,
Sea-Rovers
,
Turks
,
or
other
Enemies
to
the
Catholique
Per
Leg.
Oleron
Cap.
47.
Faith
.
Where
a
man
,
Dogg
or
Catt
escapes
alive
out
of
the
Ship
,
neither
the
Ship
or
other
Vessel
,
nor
any
thing
therein
shall
be
adjudged
Wreck
,
but
the
Goods
shall
be
saved
and
kept
by
the
Sheriff
,
Coroners
,
or
the
Kings
Bayliffs
,
and
delivered
to
the
Inhabitants
of
the
Town
where
the
Goods
are
found
;
so
that
if
any
within
a
year
and
a
day
sue
for
those
Goods
,
and
after
prove
that
they
were
his
at
the
time
of
the
shipwrack
,
they
Westm.
1.
c.
4.
§
E.
1.
Naufragia
ad
publicanos
pertinento
.
shall
be
restored
to
him
without
delay
:
but
if
not
,
they
shall
be
seized
by
the
said
Sheriff
,
Coroners
or
Bayliffs
for
the
Kings
use
,
and
shall
be
delivered
to
the
Inhabitants
of
the
Town
,
who
shall
answer
before
the
Justices
for
the
Wreck
belonging
to
the
King
.
Where
the
Wreck
belongs
to
another
he
shall
have
it
in
like
manner
,
and
if
any
be
attainted
to
have
done
otherwise
,
he
shall
suffer
Imprisonment
,
make
Fine
to
the
King
,
and
yield
damage
also
.
If
a
Bayliff
do
it
,
and
it
be
disallowed
by
his
Lord
,
the
Bayliff
shall
answer
for
it
if
he
have
wherewithall
;
but
if
not
,
the
Lord
shall
deliver
his
Bayliffs
Body
to
the
King
.
The
Lawes
of
Normandy
agrees
with
this
Law
.
Custm
.
Norm
.
Cap.
17.
IV.
If
the
Ship
perishes
onely
,
and
the
Goods
are
safe
,
in
that
case
the
Goods
ought
to
pay
a
proportion
37
Leg.
Naval
.
Rhod.
&
40.
of
a
5th
or
10th
penny
,
according
to
the
easie
or
difficult
winning
or
saving
of
the
said
Goods
;
Rich
Goods
,
as
Gold
and
Silver
,
and
Silk
,
pay
less
than
Goods
of
great
weight
and
cumber
,
being
in
less
danger
,
unless
it
were
a
Wreck
going
into
a
Port
,
for
which
the
Skipper
was
not
bound
for
,
there
è
contra
,
then
the
Skipper
is
not
to
be
considered
.
V.
The
King
shall
have
Wreck
of
the
Sea
Whales
,
and
great
Sturgeons
taken
in
the
Sea
and
elsewhere
throughout
the
whole
Realm
,
except
in
places
priviledged
by
the
King
.
VI.
By
the
grant
of
Wreck
will
pass
Flotsam
,
Jetsam
,
and
Lagan
,
when
they
are
cast
upon
the
land
;
but
Sir
Henry
Constables
case
,
Coke
5.
part
,
fo.
107.
if
they
are
not
cast
upon
the
land
,
the
Admiral
hath
Jurisdiction
and
not
the
Common
Law
,
and
they
cannot
be
said
Wreck
.
Wreccum
Maris
,
are
such
Goods
onely
as
are
cast
and
left
upon
the
land
by
the
Sea
.
Flotsam
,
is
when
a
Ship
is
sunk
or
otherwise
perished
,
Faber
&
alij
inst.
de
rer
.
divis
.
Sect.
pen.
and
the
Goods
float
upon
the
Sea
.
Jetsam
,
is
when
the
Ship
is
in
danger
to
be
sunk
,
and
for
lightning
the
Ship
,
the
Goods
are
cast
into
the
Sea
,
notwithstanding
which
the
Ship
perisheth
.
Lagan
vel
Ligan
,
is
when
the
Goods
which
are
so
cast
into
the
Sea
before
the
Ship
perishes
,
being
heavy
,
Leg.
7.
D.
pro
derelicto
.
are
by
the
prudence
of
the
Master
or
Marriners
,
who
have
an
intent
to
save
them
so
sunk
;
as
that
they
may
come
at
them
again
,
in
order
to
which
they
fasten
a
Buoy
or
other
light
matter
that
may
signifie
to
them
where
they
lye
,
if
providence
should
bring
them
in
a
Condition
to
retake
them
.
The
King
shall
have
Flotsam
,
Jetsam
and
Lagan
when
46
E.
3.
15.
F.
N.
B.
112.
Anth.
Omnes
peregrini
communia
de
successionibus
ac
.
per
Leg.
Oleron
.
the
Ship
perisheth
,
or
when
the
Owners
of
the
Goods
are
not
known
;
but
when
the
Ship
perisheth
not
,
è
contra
.
A
man
may
have
Flotsam
and
Jetsam
by
the
Kings
Grant
,
and
may
have
Flotsam
within
the
high
and
low
Water-mark
by
prescription
,
as
it
appears
by
those
of
Co.
5.
part
,
107.
the
West
Countries
who
prescribe
to
have
Wreck
in
the
Sea
,
so
far
as
they
may
see
a
Humber
Barrel
.
VII
.
If
a
Ship
be
ready
to
perish
,
and
all
the
men
therein
for
safeguard
of
their
lives
leave
the
Ship
,
and
after
Co.
2.
Inst.
167.
the
forsaken
Ship
perisheth
,
if
any
of
the
men
be
saved
Leg.
8.
D.
ad
leg
.
Rhod.
de
jactu
.
and
come
to
land
,
the
Goods
are
not
lost
.
A
Ship
on
the
Sea
was
pursued
with
Enemies
,
the
men
for
safeguard
of
their
lives
forsake
the
Ship
,
the
Enemies
take
the
Ship
and
spoyl
her
of
her
Goods
and
Tackle
,
and
turn
her
to
Sea
;
by
stress
of
weather
she
is
cast
on
land
,
where
it
happened
her
men
arrived
:
It
was
S
R.
2.
Pro
Willielmo
Fishlake
.
Co.
2.
Inst.
167.
Leg.
43.
§.
11.
D.
de
surt
.
Resolved
by
all
the
Judges
of
England
,
That
the
Ship
was
no
Wreck
,
nor
lost
.
VIII
.
If
Goods
are
cast
up
as
Wreck
,
and
it
falls
out
they
be
bona
peritura
,
the
Sheriff
may
sell
them
within
Pl.
Com.
466.
the
year
,
and
the
sale
is
good
;
but
he
must
account
to
the
true
Owners
.
Owners
clayming
the
Wreck
must
make
their
proof
by
their
marks
or
Cockets
,
by
the
Book
of
Customes
,
or
by
the
Testimony
of
honest
men
;
and
if
the
Wreck
belongs
to
the
King
,
the
party
may
sue
out
a
Commission
F.
N.
B.
fo.
12.
to
hear
and
determine
,
and
that
by
the
Oaths
of
twelve
men
.
Or
else
he
may
bring
his
Action
at
Law
,
and
make
out
his
proof
by
Verdict
;
but
such
Action
must
be
brought
within
the
year
and
day
.
Note
.
Flotsam
,
Jetsam
and
Lagan
,
are
Goods
on
or
in
DD.
diplo
.
&
de
Off.
Admir
.
the
Sea
,
and
belong
to
the
King
,
who
by
Charter
hath
granted
them
to
the
Lord
Admiral
.
IX
.
If
Goods
are
wreckt
on
the
shoare
,
and
the
Left
unresolved
in
Moore
,
fo.
24.
But
since
adjudged
Trin.
24
Car.
in
C.
B.
upon
a
Special
Verdict
found
at
St.
Edmonds-Bury
in
Suffolk
.
Lord
having
power
,
takes
them
,
he
shall
not
pay
Custome
.
The
Admirals
of
England
,
ut
magnus
Admirallus
;
Angliae
,
Hiberniae
,
Walliae
,
ac
Dominiorum
&
Insularum
earundem
Villae
Calisiae
&
Merchiarum
ejusdem
nec
non
The
very
words
of
the
Lord
Howard's
Patent
,
in
28
Eliz.
in
Rott
.
Admir
.
m.
10.
Gasconiae
Aquitaniae
,
classium
&
marium
dictorum
regnorum
Angliae
praefectus
generalis
,
&c.
which
are
the
words
of
their
Patents
used
at
this
day
,
do
claym
all
Wrecks
arising
from
any
of
those
places
,
by
vertue
of
their
Grants
.
X.
King
Edward
the
Second
in
the
first
year
of
his
Reign
,
by
his
Charter
granted
the
Castle
of
Carisbrook
,
with
all
1
E.
2.
m.
6.
num.
6.
the
Lands
and
Tenements
in
the
Isle
of
Wight
,
formerly
belonging
to
Isabella
Fortibus
Countess
of
Albemarle
,
to
his
great
Favourite
Peter
de
Gaveston
and
Margaret
his
Wife
,
and
the
heirs
of
their
two
bodies
begotten
,
together
with
sundry
other
Castles
and
Lands
)
and
commanded
Nicholas
de
Bosco
,
to
put
him
into
actual
possession
,
and
likewise
commanded
Robert
de
Sanson
Keeper
of
the
Forrest
of
Parkhurst
in
that
Isle
,
to
be
intendent
to
them
for
the
Farm
he
had
granted
him
for
life
for
the
Custody
thereof
,
which
being
after
soon
reseised
into
the
Kings
hands
,
he
granted
this
Castle
with
all
its
Services
,
and
all
his
Lands
in
that
Isle
to
Edward
his
Pat.
20
E.
2.
m.
10.
intus
pro
Edwardo
fil
.
Regis
.
Son
and
his
Heirs
Kings
of
England
,
and
afterwards
for
the
ascertaining
what
did
of
right
belong
to
the
same
Castle
,
an
Inquisition
went
out
,
by
which
it
was
found
inter
alia
qd
wreckn̄
maris
Pertinens
ad
dictum
Inquisitiones
de
Anno
47
H.
3.
num.
32.
Castrum
valet
ꝑ
ann
4
S.
So
that
by
the
general
Patent
of
the
Admiral
will
not
pass
the
Wreck
of
this
Isle
,
without
special
words
granted
in
the
Patent
.
Note
,
If
the
Wreck
happened
,
or
was
occasioned
by
Leg.
3.
§.
〈◊〉
.
D.
Naut
.
Caup
.
St.
l.
1.
§.
4.
D.
de
obl.
&
act.
leg
.
26.
§.
6.
D.
mand
.
reason
of
any
fault
or
negligence
in
the
Master
or
Marriners
,
the
Master
must
make
good
the
loss
;
but
if
the
same
was
occasioned
by
the
act
of
God
to
avoid
an
Enemy
or
Pyrat
,
and
the
like
,
there
he
shall
be
excused
.
Quia
vis
major
providentiam
&
industriam
humanam
superat
,
nesi
culpa
casum
praecesserit
.
CHAP.
VI.
Of
Averidges
and
Contributions
.
-
I.
Of
Goods
and
Merchandize
when
subject
to
be
cast
over-board
.
-
II.
Of
the
Account
rendred
of
such
ejected
Goods
,
and
by
whom
.
-
III.
Of
the
Antient
Lawes
of
England
as
in
reference
to
such
Ejectments
.
-
IV.
What
Goods
must
come
into
the
Averidge
,
and
what
are
exempt
.
-
V.
The
Master
discharged
by
such
acts
by
the
Common
Law
.
-
VI.
The
Ships
Geare
or
Apparel
whether
within
the
Averidge
.
-
VII
.
The
residue
of
the
Goods
where
tacitly
obliged
to
answer
the
Averidge
.
-
VIII
.
Of
Goods
remaining
a
shipboard
spoyl'd
by
reason
of
the
ejecting
of
others
,
where
subject
to
the
Averidge
.
-
IX
.
Where
Ship
and
Lading
are
both
made
liable
to
the
Averidge
.
-
X.
Of
misfortunes
not
subject
to
an
Averidge
.
-
XI
.
Where
the
remainder
of
the
Goods
are
exempted
from
the
Averidge
,
and
the
damage
of
the
ejected
Goods
falls
on
the
Master
.
-
XII
.
Damage
to
the
Ship
where
the
Lading
contributes
,
and
the
Standard
rate
in
Contributions
.
-
XIII
.
The
Master
becomes
a
Captive
for
the
redemption
of
Ship
and
Lading
,
where
lyable
to
the
Averidge
,
and
where
discharged
.
-
XIV
.
What
Goods
are
subject
to
the
Averidge
.
-
XV.
Contribution
for
Pylotage
,
and
where
the
remaining
Goods
not
subject
to
Averidge
.
-
XVI
.
Rules
general
for
settling
the
Averidge
.
I.
SHips
being
Freighted
and
at
Sea
,
are
often
subject
Leg.
Rhod.
de
jact'
.
to
storms
,
in
which
by
the
Ancient
Lawes
and
Customes
of
the
Sea
,
in
Extream
necessity
the
Goods
,
Wares
,
Guns
,
or
whatsoever
else
shall
be
thought
fit
,
may
in
such
Extremity
be
flung
over-board
;
but
then
the
Master
ought
to
consult
with
his
Marriners
,
who
if
they
consent
not
,
and
yet
the
storm
and
danger
continues
,
the
Master
may
command
notwithstanding
,
the
casting
overboard
what
he
shall
judge
most
fitting
for
the
common
safety
of
the
rest
.
If
there
be
a
super
Cargoe
,
a
request
ought
to
be
made
Leg.
Oleron
.
Cap.
8.
to
him
to
begin
first
;
but
if
he
refuses
,
the
Marriners
may
proceed
.
II.
If
the
Ship
so
fortunes
as
to
out-weather
the
Leg.
Consolate
del
Mare
.
Storm
,
and
in
safety
arrives
at
her
Port
of
discharge
,
the
Master
and
the
most
of
his
Crew
must
swear
that
the
Goods
were
cast
over
for
no
other
cause
but
purely
for
the
Safety
of
the
Ship
and
Lading
.
The
custome
of
clearing
of
that
Point
varies
according
to
the
several
Countries
Leg.
Wisbicens
.
Artic.
38
,
39.
or
places
they
arrive
at
.
III.
King
William
the
Conquerour
,
and
Henry
the
First
,
made
and
ratified
,
this
Law
concerning
Goods
cast
over-board
Leges
Guliel
.
1.
&
H.
1.
c.
98.
de
pactis
ad
legem
Rhodiam
.
by
Marriners
in
a
Storm
,
in
imitation
of
the
Ancient
Rhodian
Law
;
de
jact'
.
Si
ego
jecero
res
tuas
de
Navi
ob
metum
mortis
de
hoc
non
potes
me
implacitare
nam
licet
alteri
damnum
Selden
ad
Eadmerum
&
Notae
&
Spici
legium
fo.
183.
Whelock
de
Priscis
Anglorum
legibus
,
fo.
167.
inferre
ob
metum
mortis
quando
periculum
evadere
non
potest
.
Et
si
de
hoc
me
mesces
,
qd
ob
metum
mortis
nil
fecisse
de
comespriorai
.
Et
ea
quae
in
navi
restant
dividantur
in
communi
secundum
catalla
,
et
si
quis
fecerit
Catalla
extra
navim
quando
necessitas
non
exigerit
ea
restituat
.
IV.
The
Ship
arriving
in
safety
,
the
remainder
must
come
into
the
Averidge
,
not
onely
those
Goods
which
pay
Freight
,
but
all
those
that
have
obtained
safety
and
Leg.
1.
&
2.
ad
leg
.
Rhod.
&
leg
.
Oleron
.
preservation
by
such
ejection
,
even
Money
,
Jewels
and
Clothes
,
and
such
like
,
are
not
exempted
.
But
those
things
which
are
born
upon
a
mans
body
,
Victuals
and
the
like
put
a
Shipboard
to
be
spent
,
are
totally
excluded
from
the
Contribution
.
The
Master
ought
to
be
careful
that
onely
those
things
of
the
least
value
and
greatest
weight
be
flung
over-board
.
Leg.
Wisbicens
.
Artic.
20
,
21.
V.
As
this
Law
does
take
care
that
this
common
Calamity
should
be
born
by
all
the
parties
interessed
by
a
general
Contribution
,
so
the
Common
Law
takes
notice
of
the
misfortune
,
and
makes
provision
to
Indempnifie
the
Master
;
and
therefore
if
the
party
Owner
of
such
ejected
Goods
shall
bring
an
Action
against
the
Master
or
Owners
of
the
Vessel
,
the
Defendant
may
12
Jac.
in
B.
R.
Bulstrod
.
2
part
,
290.
Bird
versus
Astcot
.
plead
the
special
matter
,
and
the
same
shall
barr
the
Plaintiff
.
VI.
But
if
the
Ships
Gear
or
Apparel
be
lost
by
Storm
,
the
same
is
not
within
the
Averidge
,
but
is
accounted
Leg.
1.
ff.
de
exercitoria
action
.
like
unto
a
Workman
breaking
or
spoyling
his
Tools
;
So
for
Goods
secretly
brought
into
the
Ship
against
the
Master
or
Pursers
knowledg
,
no
Contribution
is
to
be
made
,
except
in
the
avoiding
of
a
danger
,
as
the
flinging
the
Most
overboard
,
or
the
slipping
the
L.
amissae
&
Oleron
.
Tow-Anchor
or
Boat
.
This
Order
is
observed
generally
in
the
rating
the
remainder
of
the
Goods
by
way
of
Contribution
.
Johannes
Locinius
lib.
2.
cap.
7.
de
jactu
.
&
8.
de
contributione
.
If
they
chance
to
be
cast
over-board
before
half
the
Voyage
performed
,
then
they
are
to
be
esteemed
at
the
price
they
cost
;
if
after
,
then
at
the
price
as
the
rest
or
the
like
shall
be
sold
at
the
place
of
discharge
.
VII
.
As
the
Common
Law
looks
upon
the
Goods
and
Cargo
as
a
pawn
or
pledge
for
the
Freight
,
so
the
Leg.
1.
de
Del
mal
.
except
.
&
leg
.
Si
non
sortem
de
cond.
in
de
.
Maritime
Law
looks
upon
them
likewise
as
a
security
for
the
answering
the
Averidge
and
Contribution
,
and
that
the
Master
ought
not
to
deliver
the
Goods
till
the
Contribution
is
settled
;
the
same
being
tacitly
obliged
for
the
one
as
well
as
the
other
.
Ad
leg
.
Rhod.
l.
2.
Si
non
conservatis
.
VIII
.
If
through
the
rifling
of
the
Ship
,
or
the
casting
or
unlightning
the
Ship
,
any
of
the
remaining
Leg.
Navis
4.
ad
leg
.
Rhod.
And
Vinius
Commentary
,
fo.
235.
Goods
are
spoyled
either
with
wet
or
otherwise
,
the
same
must
come
in
to
the
Contribution
for
so
much
as
they
are
made
worse
.
IX
.
If
it
falls
out
that
a
Ship
entring
into
a
Port
or
Channel
cannot
make
way
,
and
there
be
a
lightning
or
disburdning
of
the
Ship
,
then
the
Contribution
falls
Leg.
9.
§.
3.
ad
exhib
.
two
parts
to
the
Lading
,
and
one
third
to
the
Ship
,
except
the
Ship
surpass
in
value
the
Lading
,
or
that
there
is
some
bad
quality
in
the
Ship
it self
.
But
to
prevent
that
ambiguous
Question
,
if
the
party
Covenants
that
the
Goods
shall
be
delivered
at
the
L.
1.
verse
.
quod
convenit
depos
.
Port.
Covenanted
and
appointed
,
then
Condition
makes
Law
.
So
for
the
Pylotts
Fee
and
raising
of
the
Ship
off
ground
when
there
is
no
fault
in
the
Master
.
X.
If
two
Ships
happen
to
encounter
and
Cross
each
Leg.
quem
ad
modum
parag
.
Si
navis
ad
leg
.
Aquiliae
.
other
,
and
the
Crew
swear
their
Innocency
,
Contribution
must
be
made
by
a
just
equality
;
but
if
one
perishes
,
then
can
there
be
no
proportion
of
the
loss
,
so
no
Contribution
.
The
reason
that
is
given
,
for
that
otherwise
a
Skipper
might
of
purpose
set
an
old
weak
Ship
against
a
strong
Ship
,
and
by
that
means
hedge
himself
into
a
Contribution
and
recompence
.
However
,
this
barrs
not
the
Owners
from
bringing
their
Action
against
the
negligent
Master
,
by
which
means
Eod.
Leg.
18
H.
6.
num.
52.
he
may
recoope
himself
in
damage
,
if
it
happens
at
Sea
,
the
Action
by
the
Civil
Law
is
called
Legis
Aquilae
.
3.
Inst.
fo.
146.
Goodwyn
versus
Tompkins
,
Noy
Rep.
If
such
a
misfortune
happens
in
the
Night
at
Sea
,
the
party
if
he
will
compleatly
arm
himself
for
his
recovery
,
ought
to
prove
,
that
he
made
out
Light
or
Fire
,
or
otherwayes
gave
notice
by
crying
or
calling
out
.
XI
.
If
it
falls
out
the
Ship
or
Vessel
by
the
indiscreet
Lusi
Sernus
27.
§.
&
Si.
23.
ad
leg
.
Aquil.
Stowing
or
Lading
the
Ship
above
the
Birth-mark
such
ejection
happen'd
,
in
that
case
it
has
been
used
by
the
Maritime
Lawes
no
Contribution
to
be
made
,
but
Satisfaction
is
to
be
answered
by
the
Ship
,
Master
or
Owners
.
XII
.
If
to
avoid
the
danger
of
a
Storm
,
the
Master
cuts
down
the
Masts
and
Sayls
,
and
they
falling
Ad
Reg.
Rhod.
leg
.
2.
§.
Si
conservatis
.
into
the
Sea
are
lost
,
this
damage
is
to
be
made
good
by
Ship
and
Lading
pro
rata
:
otherwise
if
the
case
happens
by
storm
or
other
Casualties
.
No
Contribution
is
to
be
paid
in
case
one
Ship
strike
against
another
whereby
damage
happens
,
but
full
Satisfaction
is
to
be
answered
the
Merchant
in
case
of
fault
or
miscarriage
in
either
;
or
an
equal
division
of
the
damage
,
in
case
it
happen
by
a
Casualty
,
as
above
.
If
a
Lighter
or
Skiff
,
or
the
Ships
Boat
into
which
part
of
the
Cargo
is
unladen
for
the
lightning
of
the
F.
de
leg
.
Rhod.
leg
.
Navis
●…nustae
.
leg
.
Navis
.
ad
leg
.
Rhod.
de
Jactu
.
Sir
Francis
Moore
,
fo.
297.
Ship
perish
,
and
the
Ship
be
preserved
,
in
that
case
Contribution
is
to
be
made
;
but
if
the
Ship
be
cast
away
,
and
the
Lighter
,
Boat
or
Skiff
be
preserved
,
there
no
Contribution
or
Averidge
is
to
be
had
,
it
being
a
Rule
,
No
Contribution
but
where
the
Ship
Arrives
in
Safety
.
XIII
.
If
a
Ship
happens
to
be
taken
,
and
the
Master
to
redeem
the
Ship
and
Lading
out
of
the
Enemies
Leg.
Rhod.
de
Jactu
,
l.
2.
Si
Navis
a
Pyratis
.
or
Pyrats
hands
,
promises
them
a
certain
sum
of
money
,
for
performance
whereof
himself
becomes
a
Pledge
or
Captive
in
the
Custody
of
the
Captor
;
in
this
case
he
is
to
be
redeemed
at
the
costs
and
charges
of
the
Ship
and
Lading
,
and
Money
if
there
be
any
in
her
,
are
contributory
according
to
each
mans
interest
for
his
ransome
.
So
where
a
Pyrat
takes
part
of
the
Goods
to
spare
the
rest
,
Contribution
must
be
paid
.
Moore
297.
plt'
442.
Hicks
versus
Pallington
.
But
if
a
Pyrat
takes
by
violence
part
of
the
Goods
,
the
rest
are
not
subject
to
Average
,
unless
the
Merchant
hath
made
an
express
agreement
to
pay
it
after
the
Ship
is
robb'd
.
Grotius
de
Introd.
jure
.
Holl.
part
.
29.
Suetonius
.
jure
Naut
.
in
the
end
of
the
13.
Chapter
.
But
if
part
of
the
Goods
are
taken
by
an
Enemy
,
or
by
Letters
of
Marque
and
Reprizal
,
è
contra
.
So
likewise
in
storm
,
if
the
same
is
done
for
preservation
of
the
remainder
.
XIV
.
In
Ejectment
the
Master
or
Purser
of
the
Ship
shall
contribute
for
the
preservation
of
the
Ship
,
and
also
the
Passengers
for
such
Ware
as
they
have
in
the
ship
,
be
it
Pearls
,
Pretious
Stones
,
and
such
like
;
and
Passengers
that
have
no
Wares
or
Goods
in
the
ship
,
yet
in
regard
they
are
a
burthen
to
the
ship
,
Estimate
is
to
be
made
of
his
and
their
Apparel
,
Rings
and
Jewels
,
towards
a
contribution
of
the
loss
;
and
generally
all
things
in
the
ship
except
the
Victualling
and
Provisions
of
the
ship
,
and
the
bodies
of
men
(
unless
Servants
)
must
bear
a
proportionable
share
in
the
Contribution
.
The
Estimate
being
made
of
the
Goods
lost
and
saved
,
the
price
is
to
be
set
down
not
for
how
much
they
were
bought
,
but
how
much
they
might
be
sold
,
at
the
time
when
the
Ejectment
was
made
;
and
if
any
Peckeus
ad
leg
.
Rhod.
de
jact
.
fo.
196
,
197
,
198.
thing
be
flung
into
the
Sea
and
endamaged
,
and
afterwards
is
recovered
again
,
yet
contribution
is
to
be
made
onely
for
the
damage
.
XV.
Contribution
is
to
be
paid
for
the
Pylot's
Fee
that
hath
brought
a
Ship
into
a
Port
or
Haven
for
her
safeguard
,
(
it
being
not
the
place
she
was
designed
for
)
so
to
raise
her
off
the
ground
when
there
is
no
fault
in
the
Master
.
If
a
Master
of
a
Ship
lets
out
his
Ship
to
Freight
,
and
then
receives
his
compliment
,
and
afterwards
takes
in
Grotius
Introd.
jur
.
Holl.
3.
29.
Vinius
and
Pekeus
Commentaries
on
the
Lawes
of
Rhodes
,
236.
Goods
without
leave
of
the
Freighters
;
and
a
Storm
arises
at
Sea
,
and
part
of
the
Freighters
Goods
are
cast
overboard
,
the
remaining
Goods
are
not
subject
to
the
Averidge
,
but
the
Master
must
make
good
the
loss
out
of
his
own
purse
.
The
Goods
which
are
lost
are
to
be
valued
,
then
the
Goods
saved
are
to
be
estimated
,
which
being
known
,
a
proportionable
value
is
to
be
contributed
by
the
goods
saved
,
towards
reparation
of
the
goods
ejected
,
or
cast
overboard
.
In
which
regard
is
alwayes
had
,
not
to
what
might
be
got
by
the
Goods
lost
,
but
what
the
intrinsick
damage
Locinus
lib.
2.
Chap.
8
,
9
,
10
,
11.
is
by
the
loss
of
the
same
;
the
which
are
not
to
be
estimated
what
they
might
have
been
sold
for
,
as
what
they
cost
or
were
bought
for
.
But
now
the
Custome
is
general
,
the
Goods
saved
The
Custome
of
Places
varies
this
Modus
of
Estimating
;
the
which
is
done
by
Merchants
and
Marriners
indifferently
nominated
by
the
Court.
and
lost
,
are
estimated
according
as
the
Goods
saved
were
sold
for
;
Freight
and
other
necessary
charges
being
first
deducted
.
If
there
were
Plate
,
Jewels
or
the
like
in
a
Trunk
,
Chest
,
Pack
or
Bale
,
at
the
time
of
their
Ejection
,
if
there
be
a
super
Cargoe
he
ought
to
give
notice
by
discovering
of
the
same
to
the
Master
or
Marriners
,
otherwise
he
shall
be
answered
in
the
Contribution
no
more
then
the
bare
extrinsick
value
appeared
to
be
;
but
the
Ad
Leg.
Rhod.
§.
ult.
Inst.
de
rer.
divis
.
&
leg
.
9.
§.
ult.
de
acque
rer.
Dom.
Assurors
will
hardly
fare
so
well
.
If
Contribution
shall
be
setled
,
and
the
Merchant
will
not
agree
,
the
Master
may
detain
the
Lading
,
for
the
same
is
as
tacitly
obliged
to
answer
that
as
the
Freight
;
And
if
at
the
Common
Law
the
Merchant
should
bring
an
Action
,
the
Defendant
shall
barr
him
by
pleading
the
special
matter
.
If
Goods
are
cast
overboard
,
and
afterwards
are
recovered
;
ff.
Ibid.
leg
.
Navis
,
§.
cum
autem
.
Contribution
ceases
,
saving
for
so
much
as
they
are
damnified
and
made
worse
by
reason
of
such
Ejectment
.
Note
,
Goods
cast
overboard
to
lighten
the
ship
make
Leg.
25.
D.
de
prob
.
leg
.
falsus
§.
Si
jactum
.
D.
de
surt
.
no
derelict
.
And
though
such
necessity
seems
to
subject
the
Lading
to
Ejectment
to
prevent
the
ruine
and
destruction
of
the
persons
,
yet
some
Lading
seems
excepted
,
and
therefore
Canon
and
other
Instruments
or
Provisions
Bacon
Max.
fo.
17.
privilegium
non
valet
contra
rem
publicam
.
consigned
to
relieve
a
City
,
ought
not
to
be
flung
over-board
;
for
in
such
case
the
Law
imposeth
on
every
subject
,
that
he
prefer
the
urgent
Service
of
his
Prince
,
before
the
safety
of
his
life
.
CHAP.
VII
.
Of
Pollicies
of
Assurance
.
-
I.
Assurances
by
whom
first
introduced
.
-
II.
Assurances
the
nature
of
them
.
-
III.
How
esteemed
of
by
Law
.
-
IV.
The
various
wayes
of
Ensureing
,
and
on
what
.
-
V.
Assurance
when
esteemed
most
dangerous
,
and
of
fraudulent
Pollicies
.
-
VI.
Of
the
Receipt
of
Preimio
,
and
the
custome
of
abatement
on
losses
.
-
VII
.
Pollicies
that
now
ensure
against
all
the
Accidents
of
Heaven
and
Earth
.
-
VIII
.
A
Ship
Ensured
generally
,
whether
the
same
includes
the
Cargoe
;
and
whether
it
is
necessary
in
the
Pollicy
to
mention
the
particular
Goods
.
-
IX
.
If
the
Master
is
discharged
of
the
damage
,
whether
the
Ensurer
may
be
made
lyable
.
-
X.
A
Ship
Ensured
from
a
Port
,
and
she
is
burnt
before
her
departure
,
whether
the
Assurers
are
made
lyable
.
-
XI
.
Goods
Ensured
in
one
Ship
,
are
afterwards
in
the
Voyage
put
into
another
,
the
second
miscarries
,
whether
the
Assurors
are
made
lyable
.
-
XII
.
A
man
Ensures
more
than
the
value
of
the
Cargo
,
the
Custome
in
such
case
.
-
XIII
.
A
Ship
is
Ensured
from
one
Port
to
another
,
and
there
to
be
landed
;
the
Cargoe
after
arrival
is
sold
,
and
before
landing
is
burnt
,
whether
the
Assurors
shall
be
made
answerable
.
-
XIV
.
A
Ship
Ensured
from
one
Port
to
(
blanck
)
being
in
time
of
Warr
)
taken
,
whether
the
Assurors
shall
answer
.
-
XV.
Of
the
Ensureds
renouncing
after
a
loss
;
and
what
operation
the
same
has
by
Custome
.
-
XVI
.
Of
the
Office
erected
by
the
Statute
of
43
Eliz.
what
power
;
of
the
Jurisdictions
claymed
by
those
at
Common
Law
and
the
Admiralty
.
-
XVII
.
What
power
and
authority
was
given
by
the
Statute
of
43
Eliz.
to
that
Court
.
-
XVIII
.
What
things
it
was
deficient
in
:
and
holpen
by
the
Statute
of
14
Car.
3.
cap.
23.
and
of
their
authority
and
power
general
at
this
day
.
-
XIX
.
Of
the
advantage●…
that
seem
to
accrew
to
publique
Assurances
,
different
from
privat●…
ones
.
IT
is
conceived
by
Suetonius
,
that
Claudius
Caesar
was
the
first
that
brought
in
this
Custome
of
Assurance
,
In
vita
Claud.
Caesar
,
lib.
25.
c.
18.
by
which
the
Danger
and
Adventure
of
Voyages
is
divided
,
repaired
and
born
by
many
persons
,
who
for
a
certain
sum
by
the
Spaniard
called
Premio
,
assure
Ship
or
Goods
,
or
both
,
or
a
proportion
,
according
as
the
Pollicy
is
.
Leg.
1.
ff.
qui
Salisd
.
cog
.
Grotius
de
jure
Be●…i
ac
Pacis
,
lib.
2.
cap.
12.
§.
3.
in
fin
.
II.
Assurances
are
either
publique
or
private
;
Publique
,
when
they
are
made
and
entred
in
a
certain
Office
or
Court
,
commonly
called
the
Office
of
Assurance
in
the
Royal
Exchange
in
London
;
and
the
same
are
called
publique
,
for
that
it
is
free
for
any
man
to
resort
and
see
what
another
hath
assured
upon
his
Adventure
.
Private
is
,
when
an
Assurance
is
made
,
but
the
Ensured
keeps
the
same
secret
,
not
deeming
it
fit
that
any
should
see
or
know
their
Cargoe
or
Adventure
,
or
what
Premio
they
have
given
,
or
assurance
they
have
made
;
and
the
same
being
never
entred
in
the
Office
,
is
known
by
the
name
of
a
Private
Assurance
.
III.
By
the
Common
Law
they
are
both
of
the
same
validity
,
as
in
reference
to
obtain
Satisfaction
from
the
Ensurors
,
if
loss
or
damage
should
happen
to
the
Adventure
.
But
by
the
proceedings
erected
by
Statute
of
43
Eliz.
43
Eliz.
cap.
12.
Cap.
12.
onely
those
that
are
entred
in
the
Office
of
that
Court
,
can
be
sued
or
determined
there
.
IV.
Assurances
are
of
various
sorts
,
some
being
to
places
certain
,
others
general
;
those
that
are
made
to
places
certain
,
are
commonly
upon
Goods
laden
or
to
Leg.
4.
5.
D.
de
Naut
.
saen
.
be
laden
aboard
outward
,
and
untill
the
same
Adventure
shall
be
laid
ashoare
at
such
a
Port.
Or
upon
Goods
laden
or
to
be
laden
homeward
in
such
a
Ship
till
the
Adventure
shall
likewise
be
landed
.
Or
else
upon
Goods
out
and
in
,
with
liberty
to
touch
Johannes
Locinius
,
lib.
2.
cap.
5.
§.
5
,
6.
at
such
Ports
as
are
mentioned
in
the
Pollicy
.
So
likewise
on
Ships
that
go
Trading
Voyages
,
as
Round
to
Cales
;
and
that
it
shall
be
lawful
after
the
Ships
delivery
there
,
to
take
in
at
the
same
Port
another
Cargoe
,
and
with
that
proceed
to
the
West-Indies
or
other
parts
,
and
back
again
to
Cales
,
and
from
thence
to
London
,
this
Pollicy
being
general
and
dangerous
,
procures
seldome
subscriptions
.
As
Goods
and
Merchandize
are
commonly
Ensured
,
so
likewise
are
the
Ships
Tackle
and
Furniture
;
but
in
Saut●…r
.
p.
3.
num.
13.
seq.
43.
Seq●…
.
regard
there
seldome
happens
a
Voyage
but
somewhat
is
missing
or
lost
,
the
Premio
commonly
runs
higher
then
for
Merchandize
.
Assurances
may
be
made
on
Goods
sent
by
land
,
so
likewise
on
Hoyes
and
the
like
.
V.
Those
Assurances
are
most
dangerous
when
there
If
such
Ensurance
be
made
in
the
Office
,
they
then
set
down
the
hour
when
intimation
is
given
of
the
loss
.
are
these
words
inserted
lost
or
not
lost
;
which
is
commonly
done
when
a
Ship
hath
been
long
missing
and
no
tydings
can
be
had
,
the
Premio
especially
in
time
of
Warr
will
run
very
high
,
sometimes
30
or
40
per
Cent
'
;
and
though
it
happens
at
the
time
that
the
subscription
is
made
the
ship
is
cast
away
,
yet
the
Assurers
must
answer
.
But
if
the
party
that
caused
the
Assurance
to
be
made
Locinius
,
lib.
2.
cap.
5.
§.
9
,
9
,
10.
saw
the
Ship
wreckt
,
or
had
certain
intelligence
,
such
subscription
will
not
oblige
,
the
same
being
accounted
a
meer
fraud
.
So
likewise
if
the
Assured
having
a
rotten
Vessel
shall
assure
upon
the
same
more
then
she
is
worth
,
and
afterwards
Arthur
Stockden
of
Stockden's
Case
,
Mich.
26
Car.
2.
in
B.
R.
Afterward
convicted
by
Information
for
the
Fraud
,
Term.
Sancti
Hillarij
sequen
.
in
B.
R.
Vide
Livins
,
lib.
25.
give
order
that
going
out
of
the
Port
she
should
be
sunk
or
wreckt
;
this
will
be
fraudulent
,
and
not
oblige
the
Assurors
to
answer
.
VI.
Few
or
scarce
any
Ensure
the
whole
Ship
,
but
the
Subscriptions
being
for
Sums
certain
,
as
50
l.
or
The
Subscription
mentions
as
if
the
Premio
had
been
actually
received
,
but
it
is
seldome
done
till
the
adventure
is
bourn
.
500
l.
at
the
Premio
then
current
,
which
when
the
Adventure
is
born
they
receive
;
but
if
a
loss
happens
,
the
Premio
is
deducted
together
with
the
usual
abatemate
:
so
that
the
Ensured
receive
much
about
80
per
Cent.
if
a
loss
happens
.
VII
.
The
Pollicyes
now
adayes
are
so
large
,
that
almost
all
those
curious
Questions
that
former
Ages
and
the
Civilians
according
to
the
Law
Maritime
,
nay
and
the
Common
Lawyers
too
,
have
controverted
,
are
now
Ut
quae
in
naves
imposs●…issent
,
ab
hostium
tempestatisque
vi
publico
periculo
essent
.
Negotia
toribud
certa
lucra
proposuit
suscepto
in
se
damno
,
si
cui
quid
per
tempestates
accidisset
,
Livins
,
lib.
23.
c.
25.
Vide
Zasius
in
Commentario
ad
Digesta
,
tit.
pro
Socio
.
n.
25.
out
of
debate
;
scarce
any
misfortune
that
can
happen
,
or
provision
to
be
made
,
but
the
same
is
taken
care
for
in
the
Pollicyes
that
are
now
used
;
for
they
Ensure
against
Heaven
and
Earth
,
Stress
of
Weather
,
Storms
,
Enemies
,
Pyrats
,
Rovers
,
&c.
or
whatsoever
detriment
shall
happen
Sub
nomine
periculi
,
de
quo
fit
cautio
,
comprehenditur
omnis
casus
qui
accidit
in
mari
,
à
tempestate
,
ab
hostibus
,
praedonibus
,
Repraesalis
ut
,
vocant
arrest
is
alijsque
modis
usitatis
&
inusitatis
citra
fraudem
&
culpam
contrahentium
,
aut
domini
mercium
vel
navis
.
Grotius
de
jure
Holl.
part.
24.
or
come
to
the
thing
Ensured
,
&c.
is
provided
for
.
VIII
.
If
a
Merchant
Ensures
such
a
Ship
generally
,
Iocinius
,
lib.
2.
cap.
5.
§.
7
,
9
,
10.
and
in
the
Pollicy
it
is
expressed
of
such
a
Burthen
,
the
Ship
happens
then
to
be
loaden
and
after
miscarries
,
the
Ensurer
shall
not
answer
for
the
Goods
,
but
onely
for
the
Ship
.
It
matters
not
in
the
Pollicy
whether
the
particular
Wares
and
Goods
are
named
,
but
generally
upon
the
principal
Wares
,
and
all
other
Commodities
laden
or
to
be
laden
for
the
Ensured
or
for
his
account
,
or
for
any
other
.
X.
If
a
Ship
be
Ensured
from
the
Port
of
London
to
Cales
,
and
before
the
Ship
breaks
ground
takes
fire
,
and
is
burnt
,
the
Assurors
in
such
case
shall
not
answer
,
for
the
Adventure
begun
not
till
the
Ship
was
gone
from
the
Port
of
London
;
but
if
the
words
had
been
,
at
and
from
the
Port
of
London
;
there
they
would
upon
such
a
misfortune
have
been
made
lyable
.
If
such
an
Assurance
had
been
from
London
to
Cales
,
Note
,
The
Port
of
London
extends
from
the
North
Foreland
in
the
Isle
of
Thanet
,
over
in
a
Line
to
the
Nase
in
Essex
,
and
from
thence
to
London-Bridge
.
R●…tulo
.
Scaccarij
19
Car.
2.
and
the
Ship
had
broke
ground
,
and
afterwards
been
driven
by
storm
back
to
the
Port
of
London
,
and
there
had
took
fire
,
the
Ensurers
must
have
answered
;
for
the
very
breaking
of
ground
from
the
Port
of
London
was
an
inception
of
the
Voyage
.
XI
.
If
Goods
are
Ensured
in
such
a
Ship
,
and
afterwards
That
has
been
much
doubted
;
and
opinions
of
the
Court
hath
generally
enclined
against
the
Assurors
.
Leg.
ult.
ad
Rhod.
Digest
.
Paulus
.
l.
14.
tit
.
2.
§.
10
in
the
Voyage
it
happens
she
becomes
leaky
and
creazy
,
and
the
super
Cargoe
and
Master
by
consent
become
Freighters
of
another
Vessel
for
the
safe
delivery
of
the
Goods
;
and
then
after
her
relading
the
second
Vessel
miscarries
,
the
Assurors
are
discharged
:
But
if
there
be
these
words
,
The
Goods
laden
to
be
transported
and
delivered
at
such
a
place
by
the
said
Ship
,
or
by
any
other
Ship
or
Vessel
untill
they
be
safely
landed
,
then
the
Ensurers
must
answer
the
misfortune
.
XII
.
If
a
man
Ensures
5000
l.
worth
of
Goods
,
and
he
hath
but
2000
l.
remitted
,
now
he
having
ensured
Vide
Grotius
Introd.
jur
.
Holl.
212.
23.
And
indeed
is
more
the
Custome
of
Merchants
then
Law
.
the
real
Adventure
,
by
the
Law
Maritime
all
the
Assurors
must
answer
pro
rata
.
But
by
the
opinion
of
some
,
onely
those
first
Subscribers
who
underwrit
so
much
as
the
real
Adventure
amounted
to
,
are
to
be
made
lyable
,
and
the
rest
remitting
their
Premio
10
s.
per
Cent.
deducted
out
of
the
same
for
their
subscriptions
,
are
to
be
discharged
.
XIII
.
A
Merchant
Ensures
his
Goods
from
London
Locinius
lib.
〈◊〉
.
cap.
5
§.
9.
And
by
the
Lawes
of
Antwerp
there
is
a
time
allotted
after
the
Ships
arrival
at
her
Port
how
long
the
adventure
is
,
to
be
born
by
the
Ensurers
,
which
is
about
15
dayes
,
Art.
13.
Assecur-Antwerp
.
to
Sally
,
and
there
to
be
Landed
;
the
Factor
after
arrival
having
opportunity
sells
the
Cargo
aboard
the
same
Ship
without
ever
unlading
her
,
and
the
buyer
agrees
for
the
Freight
of
those
Goods
for
the
Port
of
Venice
;
before
she
breaks
ground
,
the
Ships
takes
fire
,
the
Assured
is
absolutely
without
remedy
;
for
the
property
of
the
Goods
becoming
changed
,
and
Freight
being
contracted
de
novo
,
the
same
was
as
much
as
if
the
Goods
had
been
landed
.
And
so
it
is
if
the
Factor
after
her
arrival
had
contracted
for
the
Freight
to
another
Port
,
and
the
Ship
had
happened
to
take
fire
,
the
Assurors
are
hereby
absolutely
discharged
for
ever
.
XIV
.
If
a
Ship
be
Ensured
from
London
to
and
blanck
being
so
left
of
purpose
by
the
Lader
to
prevent
Case
of
Monsieur
Gourda●…
.
Governour
of
Calais
.
Anno
1585.
her
surprize
by
the
Enemy
,
in
her
Voyage
she
happens
to
be
cast
away
,
though
there
be
private
Instructions
for
her
Port
,
yet
the
Ensured
sit
down
by
the
loss
by
reason
of
the
uncertainty
.
XV.
After
notice
of
loss
,
the
Ensured
,
(
if
he
doth
think
fit
)
for
that
he
hath
Ensured
the
most
of
his
Adventure
,
Locinius
,
lib.
2.
cap.
5.
§.
8.
or
that
he
would
have
the
assistance
of
the
Assurors
;
when
there
is
hope
of
Recovery
of
the
Adventure
,
he
may
then
make
a
Renunciation
of
the
Lading
to
the
Assurors
,
then
he
comes
in
himself
in
the
nature
of
an
Ensurer
,
for
so
much
as
shall
appear
he
hath
born
the
Adventure
of
beyond
the
value
Ensured
.
But
if
the
Merchant
shall
not
renounce
,
yet
there
is
a
power
given
in
the
Pollicy
for
him
to
travail
,
pursue
and
endeavour
a
recovery
(
if
possible
)
of
the
Adventure
after
a
misfortune
to
which
the
Assurors
are
to
contribute
,
the
same
being
but
a
trouble
to
give
ease
to
the
Assours
.
If
prohibited
Goods
are
laden
aboard
,
and
the
Merchant
ensures
upon
the
general
pollicy
,
which
alwayes
contains
these
words
;
Of
the
Seas
,
Men
of
Warr
,
Fire
,
Enemies
,
Pyrats
,
Rovers
,
Theeves
,
Jettezons
,
Letters
of
Mart
,
and
Covenants
,
Arrests
,
Restrainment
and
Detainments
of
Kings
and
Princes
,
and
of
all
other
persons
,
Barratry
of
the
Master
and
Marriners
,
and
of
all
other
perils
,
loss●…s
and
misfortunes
whatsoever
they
be
,
and
howsoever
they
shall
happen
or
come
,
to
the
hurt
and
detriment
of
the
Goods
and
Merchandize
,
or
any
part
and
parcel
thereof
;
whether
if
such
Goods
be
lawfully
seized
as
prohibited
Sub
nomine
periculi
,
de
quo
fit
●…autio
,
comprehenditur
omnis
cas●…s
qui
accidit
in
mari
,
a
tempestate
,
ab
hostibus
praedonibus
reprisalijs
ut
vocant
arrestis
alijs●…
;
modis
usit●…is
citra
fra●…em
,
&
culpam
contrathentium
aut
domini
mercium
vel
navis
.
Grotius
de
introd.
jur
.
Holl.
par.
24.
In
hoc
contractu
bona
fide
versandum
est
,
ut
natura
ultr●…
citroque
obligatiodis
postulat
.
Locinius
,
lib.
2.
cap.
5.
§.
8.
goods
,
the
Ensurors
ought
to
answer
?
It
is
conceived
they
ought
not
;
and
the
difference
hath
been
taken
,
where
Goods
are
lawful
at
the
time
of
Lading
to
be
imported
into
that
Country
for
which
they
are
consigned
for
,
but
by
matter
ex
post
facto
after
the
lading
they
become
unlawful
,
and
after
arrival
are
seized
,
there
the
Assurors
must
answer
,
by
virtue
of
the
Clause
,
And
all
other
perils
,
&c.
But
if
the
Goods
were
at
the
time
of
lading
unlawful
,
and
the
Lader
knew
of
the
same
,
such
Assurance
will
not
oblige
the
Assurors
to
answer
the
loss
;
for
the
same
is
not
such
an
Assurance
as
the
Law
supports
,
but
is
a
fraudulent
one
.
So
it
is
if
a
Merchant
will
Freight
out
Wooll
,
Leather
,
12
Car.
2.
cap.
32.
14
Car.
2.
cap.
〈◊〉
,
18.
and
the
like
,
or
send
out
Goods
in
a
Forraign
bottome
12
Car.
2.
cap.
18.
and
then
make
a
Pollicy
,
the
Ship
happens
afterwards
to
be
taken
,
by
reason
of
which
there
becomes
a
forfeiture
of
Ship
and
Lading
;
the
Ensurers
are
not
made
subject
to
answer
the
damage
:
for
the
very
Foundation
was
illegal
,
and
the
Law
supports
only
those
Assurances
that
are
made
bona
fide
;
for
if
otherwise
,
and
men
could
be
Ensured
against
such
actions
,
they
would
destroy
Trade
,
which
is
directly
to
thwart
the
institution
and
true
intentions
of
all
Pollicyes
.
But
if
Goods
should
happen
to
be
lawfully
Ensured
,
and
afterwards
the
Vessel
becomes
disabled
,
by
reason
of
which
they
relade
by
consent
of
the
super
Cargoe
or
Merchant
into
another
Vessel
;
and
that
Vessel
,
after
Ritter●…hus
.
ad
leg
.
contractus
23.
de
Reg.
jur.
cap.
18.
pag.
236
,
237.
Stypman
dicto
loco
num.
335.
arrival
,
proves
the
Ship
of
an
Enemy
,
by
reason
of
which
the
Ship
becomes
subject
to
seizure
:
yet
in
this
case
the
Ensurors
shall
answer
,
for
that
this
is
such
an
accident
as
is
within
the
intention
of
the
Pollicy
.
Several
men
lade
aboard
Salt
,
without
distinction
,
not
putting
them
in
Sacks
,
and
the
like
;
the
Ship
arrives
,
the
Master
delivers
to
their
Principals
according
to
their
Bills
of
Lading
as
they
come
one
by
one
,
it
falls
out
that
some
of
the
Salt
is
w●…sht
or
lost
by
reason
of
Hill.
11
Jac.
in
C.
B.
Las●…low
and
Tomlinsons
Case
,
Hobart
88.
the
dampness
of
the
Ship
,
and
that
the
two
last
men
cannot
receive
their
proportion
:
There
are
in
this
case
these
things
to
be
considered
:
-
1.
Whether
the
Master
is
bound
to
deliver
the
exact
quantity
?
-
2.
Whether
those
that
have
received
this
loss
can
charge
the
Assurors
?
-
3.
Whether
the
Assurors
can
bring
in
the
first
men
for
a
contribution
,
they
having
their
Salt
delivered
to
them
compleatly
.
Certainly
the
Master
is
not
bound
to
deliver
the
exact
Inst.
in
pr.
quib
.
mod.
re
.
contrab
.
ob
.
te
.
l.
2.
Si
cert.
peti
.
quantity
,
nor
is
he
obliged
to
redeliver
thev
ery
specifical
Salt
,
but
onely
as
men
are
to
repay
Money
or
Corn
by
the
distinction
in
a
Bagg
or
Sack
,
and
out
of
them
;
but
if
the
fault
was
in
not
pumping
,
keeping
dry
his
Leg.
quod
convenit
de
ver●…
.
ob
.
Deck
,
and
the
like
,
there
è
contra
:
though
perhaps
there
may
be
special
agreement
.
Besides
,
this
is
a
peril
of
the
Sea
against
which
the
Master
could
not
prevent
,
and
of
necessity
he
must
deliver
to
one
first
before
another
.
As
to
the
second
,
It
is
no
question
but
that
the
Assurors
shall
answer
.
But
whether
they
shall
bring
in
the
first
men
for
contribution
,
may
be
some
doubt
.
It
has
been
conceived
by
some
,
that
they
ought
not
,
for
they
delivered
their
Salt
to
the
Master
tanquam
in
Creditum
,
and
was
not
to
expect
the
redelivery
of
the
same
specifical
Salt
:
Besides
,
the
Master
must
of
necessity
D.
Leg.
in
m●…nare
.
deliver
to
one
man
before
another
.
But
by
others
it
has
been
conceived
they
ought
to
contribute
per
ratione
,
for
as
Goods
of
necessity
some
must
be
stowed
in
the
Hold
,
and
that
such
Goods
seldome
fail
without
a
perill
of
the
Sea
;
so
the
rest
must
of
necessity
contribute
to
that
misfortune
,
and
so
make
no
distinction
.
The
Bills
of
Lading
are
very
useful
to
settle
the
difference
between
the
Assuror
and
assured
,
of
which
there
are
3.
parts
,
one
sent
over
Sea
;
the
other
left
with
the
Master
;
and
the
last
remaining
with
the
Lader
.
XVI
.
The
Office
of
Assurance
was
Erected
by
the
Statute
of
43
Eliz.
Cap.
12.
which
reciting
,
That
whereas
differences
growing
upon
Pollicyes
of
Assurances
had
been
ordered
by
discreet
Merchants
approved
by
the
Lord
Mayor
,
who
did
speedily
decide
those
causes
,
untill
that
of
late
years
divers
persons
did
withdraw
themselves
from
that
Arbitrary
course
,
and
have
sought
to
draw
the
parties
assured
to
seek
their
Moneys
of
every
several
Assurer
by
Suits
Commenced
in
her
Majesties
Court
to
their
great
Charges
and
delay
;
whereupon
it
was
Enacted
,
That
the
Chancellor
or
Keeper
for
the
time
being
should
issue
forth
a
standing
Commission
(
to
be
renewed
yearly
,
or
as
often
as
to
him
shall
seem
meet
,
)
for
the
hearing
and
determining
of
all
such
causes
arising
on
Pollicies
of
Assurance
as
shall
be
entred
in
the
Office
of
Assurance
in
London
.
The
Judges
or
Commissioners
appointed
are
the
Judge
of
the
Court
of
Admiralty
,
the
Recorder
of
London
,
two
Doctors
of
the
Civil
Law
,
two
Common
Lawyers
,
8.
grave
and
discreet
Merchants
,
or
to
any
5.
of
them
;
and
that
they
or
the
greatest
part
of
the
Commissioners
have
power
to
Hear
,
Examine
,
Order
and
Decree
all
such
causes
in
a
brief
and
summary
way
without
formality
of
pleading
.
They
have
power
to
summon
the
parties
,
examine
witnes●…s
upon
Oath
,
commit
to
prison
upon
refusal
of
obedience
to
their
Decrees
;
they
are
to
meet
once
a
week
at
the
Assurance
Office
,
or
some
other
convenient
publique
place
,
and
no
Fees
at
all
are
to
be
exacted
by
any
person
whatsoever
.
There
lyes
an
Appeal
from
their
Sentence
to
the
Lord
Chancellor
or
Lord
Keeper
(
but
the
party
must
deposite
the
moneys
decreed
,
and
then
(
though
the
party
be
imprisoned
he
may
be
discharged
)
and
then
it
lyes
in
the
Lord
Chancellors
or
Keepers
Breast
to
affirm
or
reverse
,
and
to
award
the
party
assured
double
costs
.
No
Commissioner
being
party
Assuror
can
act
by
vertue
of
this
Commission
,
nor
untill
he
hath
taken
his
Corporal
Oath
before
the
Major
and
Court
of
Aldermen
,
To
proceed
uprightly
and
indifferently
between
party
and
party
.
XVII
.
This
was
a
good
Act
,
had
it
been
as
carefully
penn'd
as
was
intended
;
for
there
were
many
things
in
which
this
Act
did
not
extend
to
.
First
,
Any
man
may
at
this
day
make
a
private
Pollicy
notwithstanding
this
Act
,
which
is
as
good
and
effectual
in
Law
to
all
intents
and
purposes
,
as
one
made
and
entred
in
the
said
Office
;
and
that
such
a
Pollicy
might
and
may
be
now
sued
at
the
Common
Law
.
Secondly
,
The
number
of
Commissioners
being
so
great
that
there
could
be
no
Court
without
5.
at
the
least
;
and
without
a
Court
they
neither
could
summon
parties
or
examine
witnesses
,
and
that
was
very
difficult
to
get
.
Thirdly
,
If
the
parties
or
witnesses
refused
to
appear
,
they
had
no
power
to
punish
the
party
for
the
delay
,
with
costs
or
otherwise
,
which
was
very
mischievous
.
Fourthly
,
No
Commissioner
could
sit
before
he
was
sworn
:
Commissions
and
the
Commissioners
being
often
renewed
,
it
was
a
trouble
to
be
attending
a
Court
of
Aldermen
,
which
was
difficult
sometimes
of
the
year
to
get
.
Fifthly
,
Though
they
had
power
to
commit
the
party
who
refused
to
obey
their
Decree
,
yet
they
had
no
power
to
make
any
Order
against
the
Ship
.
Which
matters
being
taken
into
consideration
,
it
was
14
Car.
2.
cap.
23.
Enacted
,
That
3.
Commissioners
,
whereof
a
Doctor
of
the
Civil
Law
,
and
a
Barrister
of
5.
years
standing
to
be
one
should
make
a
Court
,
and
to
act
as
any
5.
before
might
have
done
.
They
have
likewise
power
now
given
them
to
summon
parties
and
witnesses
,
and
upon
contempt
or
delay
in
the
witnesses
upon
the
first
summons
and
tender
of
reasonable
charges
:
and
in
the
parties
upon
the
second
summons
to
imprison
offendors
or
give
costs
.
Every
Commissioner
is
now
to
take
his
Oath
before
the
Lord
Major
to
proceed
uprightly
in
the
execution
of
the
said
Commission
;
and
any
of
them
may
administer
an
Oath
so
as
the
adverse
party
may
have
notice
,
to
the
end
such
person
may
be
fairly
examined
.
Commissions
may
issue
out
of
the
Court
of
Admiralty
for
examining
of
witnesses
beyond
Seas
,
or
in
remote
places
by
directions
of
the
Commissioners
,
and
Decrees
may
be
made
against
body
and
goods
,
and
against
Executors
and
Administrators
,
and
Execution
accordingly
;
and
assess
Costs
of
Suit
as
to
them
shall
seem
just
.
But
Execution
cannot
be
against
Body
and
Goods
for
the
same
debt
,
but
the
party
must
make
his
Election
as
at
the
Common
Law
.
XVIII
.
But
these
Statutes
took
not
away
that
Cognizance
Oyles
versus
Marshall
,
Styles
Rep.
1654.
which
the
Courts
at
Westminster
claymed
upon
such
Contracts
by
the
Common
Law
;
but
onely
gave
this
new
erected
Court
a
concurrent
Jurisdiction
with
those
at
the
Common
Law
:
for
though
the
loss
happened
out
of
the
Realm
,
yet
they
had
Jurisdiction
of
the
Cause
.
And
therefore
if
an
Action
is
brought
upon
a
Pollicy
of
Assurance
,
though
the
loss
happened
at
Sea
,
Dowdales
case
,
Coke
lib.
6.
fo.
47.
36
Eliz.
in
B.
R.
yet
the
Jury
shall
enquire
;
for
the
loss
is
not
the
direct
ground
of
the
Action
,
but
the
Assumpsit
.
The
Admiralty
have
likewise
put
in
if
not
for
an
absolute
Jurisdiction
,
yet
at
least
a
concurrent
one
;
yet
38
H.
8.
Crane
and
Beil
,
Co.
4.
Inst.
138
,
139.
both
have
been
denyed
them
,
notwithstanding
that
the
Judge
of
the
Admiralty
is
Judge
of
the
Court
of
Assurance
.
XIX
.
By
the
making
of
an
Office
Pollicy
according
to
the
Statute
,
these
advantages
will
follow
.
1.
If
the
Pollicy
be
lost
,
if
the
same
be
entred
with
the
Register
of
the
Office
,
the
Entry
is
effectual
to
answer
the
matter
both
at
the
Common
Law
,
as
well
as
in
the
same
Court
;
but
a
private
Pollicy
lost
is
like
a
Deed
burnt
,
unless
that
there
be
very
strong
evidence
,
as
a
Copy
and
the
like
,
it
will
be
of
little
value
.
So
that
then
there
will
remain
nothing
but
an
Equitable
relief
in
Chancery
,
for
the
satisfaction
the
party
.
2.
If
a
man
Freights
out
a
Ship
from
London
to
Cales
,
and
assures
here
,
he
may
write
to
his
Correspondent
to
make
an
assurance
there
of
the
same
;
if
the
matter
comes
before
Commissioners
,
they
may
examine
the
Ensured
upon
Oath
,
and
determine
therein
according
to
Law
and
the
Custome
of
Merchants
:
But
at
the
Common
Law
the
same
cannot
be
,
but
relief
must
be
had
in
that
point
according
to
Equity
in
Chancery
.
3.
The
same
is
a
Court
of
Equity
as
well
as
a
Court
of
Law
.
4.
They
may
decree
against
20
Assurors
at
one
time
,
but
at
Law
they
must
be
sued
distinctly
;
but
they
cannot
compel
the
Defendants
to
put
in
Bayl.
5.
They
may
proceed
out
of
Term
as
well
as
in
Term
;
and
(
if
the
matter
will
bear
it
)
they
may
finish
a
Cause
in
a
fortnights
time
.
6.
The
Judgments
there
given
are
generally
upon
mature
deliberation
,
and
by
persons
well
skilled
in
Maritime
affairs
;
and
if
their
Sentence
is
thought
to
be
unreasonable
,
the
Lord
Chancellor
or
Lord
Keeper
may
on
Appeal
determine
the
same
.
CHAP.
VIII
.
Of
Prisage
and
Butlerage
.
-
I.
What
is
Prisage
,
where
taken
,
and
of
what
.
-
II.
Merchant
Strangers
exempted
from
the
same
.
-
III.
When
due
,
and
the
exemption
of
the
Citizens
of
London
from
the
same
.
-
IV.
What
Citizens
are
capable
,
and
where
not
.
-
V.
A
Forraigner
imports
and
makes
a
Citizen
Executor
and
dyes
;
whether
he
shall
have
the
benefit
of
the
Immunity
.
-
VI.
Where
a
Forraigner
sells
to
a
Citizen
before
,
but
he
broken
,
the
Vendee
shall
be
chargeable
.
-
VII
.
Where
a
Grant
to
discharge
a
particular
Ship
shall
be
good
;
and
where
a
Grant
to
particular
persons
shall
be
otherwise
.
-
VIII
.
Of
Butlerage
what
and
whom
are
exempted
.
-
IX
.
Where
the
King
becomes
entituled
to
those
duties
.
-
X.
A
Grant
to
be
free
of
all
Customes
,
Impositions
,
&c.
extends
not
to
Prisage
and
Butlerage
.
-
XI
.
Cinque-Ports
exempted
from
Prisage
.
I.
PRisage
,
is
a
certain
taking
or
purveyance
for
wine
to
the
Kings
use
;
The
same
is
an
ancient
Duty
which
the
Kings
of
England
have
time
out
of
mind
had
and
received
;
the
manner
hath
been
by
taking
of
every
Ship
or
Vessel
that
should
come
into
this
Realm
,
if
ten
Tun
,
to
have
for
Prisage
one
Tun
:
and
if
it
contain
20
Tun
or
more
,
to
have
two
Tun
(
viz.
)
unum
ante
doleum
,
and
the
other
deorsum
,
paying
20
s.
for
each
Tun
:
And
this
ancient
Immunity
they
have
enjoyed
as
a
Flower
of
the
Crown
,
and
by
some
has
been
conceived
Dyer
92.
42.
165.
Fleta
,
lib.
2.
cap.
21.
not
grantable
away
without
Act
of
Parliament
.
But
yet
in
6
E.
3.
fo.
3.
Case
15.
mentions
the
same
to
be
grantable
over
.
II.
King
Edward
the
First
having
laid
some
Impositions
on
the
Merchants
,
which
in
Anno
25.
of
his
Reign
being
taken
away
with
promise
that
neither
he
nor
his
Successors
should
do
any
such
thing
without
Assent
of
Parliament
:
In
31.
of
his
Reign
they
granted
him
an
encrease
of
Customes
;
in
lieu
of
which
Rott
.
Parl.
31
Ed.
1.
cap.
1.
&
2.
he
granted
them
many
Immunities
,
as
Release
of
Prisage
,
&c.
III.
Prisage
is
not
due
till
the
unlading
,
or
that
which
Trin.
5
Jac.
in
B.
R.
Kennycot
and
Boggens
case
.
is
commonly
called
breaking
of
Bulk
;
for
the
words
are
,
de
qualibet
navi
important
vini
&
disonerant
inde
.
King
Edward
the
Third
by
his
Charter
dated
6.
Martij
Anno
Regni
primi
,
granted
his
Royal
Charter
of
discharge
to
the
Major
,
Commonalty
and
Citizens
of
London
,
in
haec
verba
,
(
viz.
)
Quod
de
vinis
Civium
nulla
prisa
44
Eliz.
fiat
,
sed
perpetue
inde
essent
quieti
,
&c.
which
was
afterwards
allowed
in
the
Exchequer
.
IV.
It
is
not
every
Citizen
that
is
capable
of
this
Priviledge
,
but
onely
those
that
are
Resiant
within
the
City
:
And
so
it
was
Rul'd
in
the
case
of
one
Knowls
,
who
being
a
Citizen
and
free
Grocer
of
London
,
removed
his
Houshold
cum
pannis
,
and
did
dwell
at
Boistol
,
but
yet
kept
his
Shop
in
London
;
and
a
Ship
of
his
arriving
with
Wines
at
London
,
and
being
unladen
,
the
Prisage
was
demanded
;
he
claymed
the
benefit
of
discharge
.
4
Hen.
6.
Knowles
case
.
It
was
adjudged
,
he
was
not
capable
of
the
same
:
for
he
that
will
claym
the
benefit
of
this
discharge
,
ought
to
be
Civis
incola
Comorans
.
24
H.
6.
(
A
Private
Act
of
Parliament
,
)
Complaint
was
made
,
That
the
Lord
Major
of
London
would
make
Strangers
Citizens
;
It
was
there
declared
,
That
this
benefit
to
be
discharged
from
payment
of
Prisage
,
did
Hill.
43
Eliz.
in
B.
R.
Rott
.
Attorn'
General
versus
Sacheveril
and
Sneed
.
not
extend
to
such
Citizens
as
were
dotati
,
made
free
,
but
unto
those
Citizens
onely
which
are
comorant
incolant
,
and
resiant
within
the
City
.
V.
If
a
Forreigner
brings
a
Ship
laden
with
Wines
Waller
versus
Hanger
,
Bulstrod
.
3.
part
,
fo.
1.
into
the
Port
of
London
,
and
then
makes
a
Citizen
his
Executor
and
dyes
,
he
shall
not
have
the
benefit
of
this
Immunity
from
payment
of
Prisage
for
these
Wines
,
for
that
they
are
not
bona
Civium
.
VI.
If
a
Forreigner
arrives
with
a
Ship
laden
with
Wines
at
a
Port
with
an
intent
to
unlade
,
and
before
the
Goods
are
entred
or
Bulk
is
broken
,
he
sells
them
to
a
Citizen
,
Prisage
shall
be
paid
notwithstanding
,
for
it
was
never
the
Kings
grant
to
discharge
a
Citizen
in
such
a
manner
.
VII
.
If
the
King
does
discharge
such
a
Ship
of
J.
S.
being
at
Sea
,
particularly
naming
the
same
,
from
the
payment
of
Prisage
,
and
he
dyes
before
the
Ship
arrives
,
no
duty
can
be
demanded
.
But
it
has
been
held
,
If
a
particular
person
has
a
grant
to
him
to
be
discharged
of
his
Goods
,
and
he
dyes
before
the
arrival
,
the
duty
shall
be
paid
.
Hanger's
Case
,
Hill.
13
Jac.
A
Quo
Warranto
was
brought
against
three
Archbishops
of
York
,
to
shew
cause
why
they
demanded
to
have
Prisage
for
Wines
brought
into
the
Port
of
Hull
.
Bro.
tit
.
Disclaymer
,
47.
The
two
first
pleaded
to
have
onely
the
first
taste
,
and
a
pre-emption
after
Prisage
paid
:
But
the
third
pleaded
6
Ed.
3.
fo.
5
,
6.
Archbishop
of
Yorks
Case
.
a
Charter
of
15
E.
2.
by
force
of
which
he
claimed
the
same
;
and
Rul'd
not
good
.
For
though
the
Charter
might
be
good
,
yet
it
was
held
in
that
case
,
a
disclaymer
by
the
Predecessor
should
bind
the
Successor
:
And
at
this
day
,
the
Duke
of
Ormond
in
Ireland
hath
an
Inheritance
Sir
John
Davies
in
the
case
of
Customes
.
in
the
Prisage
of
Wines
by
the
Kings
Charter
.
VIII
.
Butlerage
is
a
Custome
due
from
Merchant-Strangers
of
2s
.
upon
every
Tun
of
Wine
brought
into
this
Realm
by
them
.
King
John
granted
to
the
Merchants
of
Aquitaine
Trading
for
Wines
thence
into
England
divers
Liberties
,
amongst
others
,
Libertatibus
concessis
Mercatoribus
In
libro
Rubeo
in
Scaccario
Remem
.
fo.
265.
vinetarijs
de
Ducatu
Aquitaniae
reddendo
Regi
&
heredibus
suis
2.
s.
de
quolibet
dolio
vini
ducti
per
eosdem
infra
Regnum
Angliae
vel
potestate
Regis
.
All
Merchants
Strangers
in
consideration
of
the
Grant
Rott
.
Chartarum
Anno
31
〈◊〉
.
1.
nu.
44.
called
Charta
Mercatoria
.
to
them
by
the
King
of
divers
Liberties
and
Freedomes
,
Concesserunt
de
quolibet
dolio
vini
quod
adducent
vel
adduci
facerent
infra
Regnum
&c.
solvent
nobis
&
heredibus
nostris
See
the
Charter
at
large
in
the
Chap.
of
Customes
.
nomine
Custumae
duos
solidos
&c.
It
is
called
Butlerage
,
because
the
Kings
chief
Butler
doth
receive
it
.
And
the
double
value
of
these
Duties
is
made
penal
if
any
person
customes
Goods
in
another
Stat.
1
H.
5.
2
Ed.
6.
22.
mans
name
whereby
to
defraud
the
King
of
Prisage
and
Butlerage
.
IX
.
Breaking
of
Bulk
is
that
which
entitles
the
King
to
the
Duty
:
for
if
a
Merchant
Imports
Wines
to
the
number
of
20
Tuns
,
yet
if
he
unlades
but
part
,
as
9.
or
4.
Tun
,
yet
the
King
shall
have
the
entire
Prisage
;
and
though
the
Custome
seems
to
declare
,
that
the
taking
must
be
as
well
before
as
after
the
Mast
,
yet
is
not
the
Officer
tyed
to
that
strictness
,
but
may
take
where
he
pleases
;
for
two
Tuns
are
the
Kings
due
:
for
otherwise
Kenicott
versus
Hoggan
,
Yelverton
.
Boytons
Case
,
3.
Rep.
44.
10.
he
might
be
cozened
,
the
Freighter
perhaps
lading
other
Commodities
aboard
after
the
Mast.
If
there
be
but
one
Tun
taken
out
,
yet
the
Duty
must
be
paid
:
The
reason
is
,
for
that
otherwise
the
Officer
should
be
obliged
to
travail
perhaps
all
over
the
Kingdome
.
X.
The
King
granted
to
a
Venetian
Merchant
that
he
should
be
quit
,
did
omnibus
custumis
Subsidijs
&
impositionibus
&
omnibus
alijs
denariorum
summis
debitis
&
solubilibus
pro
quibuscunque
Merchandizis
importandis
;
and
that
he
should
be
as
free
as
the
Citizens
of
London
:
In
that
case
it
was
adjudged
in
the
Exchequer
,
That
by
that
Vouched
in
the
case
of
Customes
in
Sir
John
Davies
Reports
.
Grant
the
King
did
not
discharge
him
of
Prisage
,
because
the
Prisage
was
not
specially
expressed
in
the
Grant
,
although
that
the
City
of
London
were
by
a
special
Charter
freed
of
Prisage
.
XI
.
The
Cinque-Ports
are
likewise
discharged
of
Cl.
1
E.
1.
m.
5.
Prisage
.
CHAP.
IX
.
Of
Pylots
,
Wharfage
,
Primage
,
Averidge
,
Loadmanage
.
-
I.
Of
the
Pylots
charge
till
the
Ship
is
brought
to
her
place
or
bed
.
-
II.
If
the
Ship
is
likely
to
miscarry
,
what
the
Ships
Crew
may
do
at
such
time
.
-
III.
Of
Ignorant
Pylots
their
punishment
,
and
if
the
Ship
miscarries
,
who
shall
Answer
.
-
IV.
Of
Wharfage
,
and
where
the
Wharfinger
shall
answer
,
and
where
not
.
-
V.
Primage
and
Petilodmanage
where
due
,
and
for
what
;
and
if
the
Ropes
break
,
where
the
Master
,
and
where
the
Wharfinger
shall
answer
.
-
VI.
Petty
Averidge
where
due
,
and
for
what
,
and
Hatt
money
.
-
VII
.
Loadmanage
where
due
,
and
for
what
.
I.
BY
the
Lawes
of
Oleron
after
that
the
Pylot
hath
brought
the
Ship
to
sure
Harbour
,
he
is
no
further
bound
or
lyable
;
for
then
the
Master
is
to
see
her
bed
and
to
her
lying
,
and
bear
all
the
rest
of
her
Burthen
,
charge
and
danger
,
except
that
of
the
act
of
God
;
So
that
before
she
comes
to
her
place
or
bed
,
and
while
she
is
under
the
Pylot's
charge
,
if
she
or
her
Goods
perish
,
or
be
spoyled
,
the
Pylot
must
make
good
the
same
.
II.
By
the
Lawes
of
Oleron
,
if
his
fault
is
apparantly
gross
that
the
Ships
Crew
sees
an
apparent
Wreck
,
they
Leg.
Oleron
,
Cap.
23.
may
then
lead
him
to
the
Hatches
and
strike
off
his
head
;
But
the
Lawes
of
England
allow
no
such
hasty
execution
.
By
the
Lawes
of
Denmark
an
ignorant
Pylot
is
to
pass
thrice
under
the
Ships
Keel
.
The
Master
generally
in
the
Charterparty
covenants
to
find
a
Pylot
,
and
the
Merchant
covenants
to
pay
him
his
Pilotage
.
III.
But
if
a
Ship
should
miscarry
coming
up
the
River
under
the
Charge
of
the
Pylot
,
it
has
been
a
Question
,
Whether
the
Master
should
answer
in
case
of
the
insufficiency
of
the
Pylot
;
or
whether
the
Merchant
may
have
his
remedy
against
both
?
It
hath
been
conceived
the
Merchant
hath
his
Election
to
charge
either
;
and
if
the
Master
,
then
he
must
lick
himself
whole
of
the
Pylot
.
IV.
Wharfage
is
money
paid
for
landing
Wares
at
27
H.
8.
cap.
26.
22
Car.
2.
cap.
11.
a
Wharfe
,
or
for
shipping
or
taking
in
Goods
into
a
Boat
or
Barge
,
they
commonly
keep
Boats
or
Lighters
of
their
own
for
the
carrying
out
and
bringing
in
of
Goods
,
in
which
if
a
loss
or
detriment
happens
,
they
may
in
some
cases
be
made
lyable
.
An
Action
of
the
Case
grounded
on
the
Custome
of
the
Realm
was
brought
against
the
Defendant
Master
of
a
Wharfe
,
for
not
safe
delivering
of
Goods
,
&c.
The
Case
appeared
to
be
thus
;
The
Master
unladed
a
Bale
of
Silk
into
the
Wharfingers
Lighter
,
and
sent
part
of
his
Marriners
to
convey
it
ashoare
;
it
happened
Randall
versus
Hilton
and
Butler
.
Pasch.
26
Car.
in
B.
R.
that
the
Goods
were
stole
:
The
Question
was
,
Whether
the
Wharfinger
or
the
Master
should
answer
?
Upon
a
Tryal
at
Guild-Hall
before
my
Lord
Chief
Justice
Hale
,
it
was
there
Rul'd
,
That
the
Master
was
lyable
,
and
not
the
Wharfinger
;
for
till
they
are
landed
,
the
Master
hath
them
under
his
power
:
but
if
goods
are
to
be
sent
aboard
,
there
if
they
miscarry
in
their
passage
,
the
Wharfinger
must
answer
.
V.
Primage
and
Petilodmanage
is
likewise
due
to
the
Master
and
Marriners
for
the
use
of
his
Cables
and
Ropes
to
discharge
the
Goods
;
and
to
the
Marriners
for
loading
and
unloading
of
the
Ship
or
Vessel
,
it
is
32
H.
8.
cap.
14.
commonly
about
twelve
pence
per
Tun.
If
the
Ropes
break
in
hoysting
of
Goods
out
of
the
Leg.
Oleron
.
Cap.
10.
Ship
into
the
Lighter
or
Boat
,
the
Master
must
answer
if
the
Goods
be
damnified
or
lost
.
But
if
the
Roapes
break
at
the
Crane
in
taking
them
out
of
the
Lighter
,
(
although
till
they
are
landed
,
they
are
not
out
of
the
Masters
custody
)
yet
the
Wharfinger
Co.
Entry
,
fo.
2.
shall
answer
.
VI.
Petty
Averidge
is
another
little
small
Duty
which
Merchants
pay
to
the
Master
when
they
onely
take
Tunnage
,
over
and
above
the
Freight
,
the
which
is
a
small
recompence
or
gratuity
for
the
Masters
care
Some
conceive
that
the
Averidge
mentioned
in
the
Bills
,
is
that
which
is
the
Averidge
or
Contribution
for
losses
.
over
the
Lading
;
and
in
the
Bills
of
Lading
they
are
exprest
after
Freight
,
together
with
Primage
and
Averidge
accustomed
.
The
French
Ships
commonly
term
the
Gratuity
Hatt-Money
,
and
our
English
Merchants
pay
it
our
Masters
over
the
Freight
,
it
is
sometimes
more
,
sometimes
less
;
two
or
three
Pieces
.
VII
.
Loadsman
,
is
he
that
undertakes
to
bring
a
Ship
safe
through
the
Haven
to
the
Key
or
place
of
discharge
,
and
if
thorough
his
ignorance
,
negligence
●…ghton
,
Ar●…c
.
Enquiry
,
27
,
28.
or
other
fault
he
suffereth
the
Ship
or
Merchandize
to
perish
,
an
Action
lyes
against
him
at
the
Common
Law
;
and
by
some
conceived
he
may
be
punished
in
the
Admiralty
,
but
not
in
both
.
The
Hire
is
called
Loadmanage
,
the
which
the
Pylate
receives
of
the
Master
for
conducting
the
Ship
up
the
River
,
or
into
the
Port
to
her
convenient
Bed
.
If
two
Ships
lye
in
a
Harbour
,
and
the
Anchor
of
one
is
feared
may
occasion
to
damnifie
the
other
,
if
after
request
and
refusal
(
and
there
be
probable
cause
,
the
other
may
take
up
the
same
,
and
let
the
same
down
at
a
further
distance
,
and
the
same
is
opposed
or
hindred
,
if
any
damage
happens
they
are
to
make
full
satisfaction
;
so
it
is
if
they
lay
out
an
Anchor
and
neglect
the
Per
Leg.
Oleron
Cap.
15.
placing
of
a
Buoy
to
the
Anchor
,
and
damage
happen
thereby
,
they
are
not
onely
subject
to
be
punished
in
the
Admiralty
,
but
likewise
to
render
satisfaction
to
the
party
damnified
.
If
two
Ships
be
in
the
River
,
and
the
one
falls
foul
on
the
other
both
being
laden
,
by
the
Law
Maritime
the
Contribution
is
to
be
in
Common
,
and
to
be
equally
divided
and
apprized
half
by
half
;
but
then
the
Marriners
must
swear
there
was
no
fault
in
them
:
for
otherwise
Per
Leg.
Oleron
.
Cap.
14.
one
that
hath
an
old
rotten
Vessel
which
he
can
no
wayes
dispose
of
,
may
so
order
the
matter
as
to
lay
her
in
the
way
of
a
good
Ship
under
sayl
,
so
that
the
same
may
be
answered
in
damage
:
but
when
the
Contribution
is
made
equal
,
then
the
contrivance
will
be
avoided
.
CHAP.
X.
Of
Bills
of
Exchange
.
-
I.
Of
the
Antiquity
of
Exchange
by
the
Hebrew
Law
.
-
II.
Of
the
Antiquity
of
Exchange
by
the
Romans
.
-
III.
Of
Exchanges
by
other
Nations
in
imitation
of
those
people
.
-
IV.
Of
the
several
sorts
of
Exchanges
,
and
of
Cambio
commune
.
-
V.
Of
Cambio
real
,
or
Exchanges
value
for
value
.
-
VI.
Of
Cambio
sicco
,
or
dry
Exchanges
.
-
VII
.
Of
Cambio
fictitio
,
or
seigned
Exchange
.
-
VIII
.
Of
the
Exchanges
used
this
day
,
and
on
what
.
-
IX
.
How
Exchanges
are
made
,
and
upon
Moneys
in
London
.
-
X.
Moneys
paid
generally
,
how
repaid
by
Exchange
.
-
XI
.
Of
Bills
of
Exchange
payable
at
single
usance
.
-
XII
.
Bills
of
Exchange
at
double
or
treble
usance
,
and
of
the
customary
usances
to
certain
places
from
London
and
Amsterdam
to
other
places
.
-
XIII
.
Of
the
nature
of
Bills
of
Exchange
,
and
how
esteemed
of
by
the
Lawes
of
England
.
-
XIV
.
Bills
drawn
more
then
one
,
no
prejudice
to
the
parties
;
and
of
the
true
measure
of
judging
on
Bills
by
Custome
.
-
XV.
What
amounts
to
an
acceptance
generally
,
and
on
refusal
where
to
be
protested
-
XVI
.
All
the
drawers
are
made
lyable
;
and
whether
the
party
to
whom
the
Money
is
made
payable
is
bound
to
procure
an
acceptance
.
-
XVII
.
Protest
,
what
is
meant
by
the
same
;
and
where
the
same
is
necessary
,
and
where
not
.
-
XVIII
.
Bill
drawn
on
two
persons
,
where
the
same
is
necessary
,
and
where
not
.
-
XIX
.
One
Factor
serves
a
Company
,
where
a
Bill
accepted
of
his
by
one
of
the
Company
obliges
the
rest
,
and
where
not
.
-
XX.
What
words
amount
to
an
acceptance
,
and
what
not
.
-
XXI
.
Where
a
Bill
may
be
accepted
for
part
,
and
what
must
be
done
with
the
Bill
thereupon
.
-
XXII
.
When
a
Countermand
may
legally
be
made
,
and
when
not
.
-
XXIII
.
How
the
several
parties
interessed
in
a
Bill
of
Exchange
are
obliged
and
fettered
to
each
other
.
-
XXIV
.
How
a
Collateral
security
may
be
annexed
to
a
Bill
when
the
time
is
elapsed
for
non-payment
.
-
XXV
.
Where
the
Protest
is
onely
necessary
to
be
kept
,
and
where
that
and
the
Bill
must
both
be
remitted
.
-
XXVI
.
Bill
lost
,
what
is
necessary
for
the
parties
interessed
in
such
case
to
act
.
-
XXVII
.
Of
blanck
Endorsements
,
the
validity
of
the
same
.
-
XXVIII
.
A
Bill
once
accepted
,
whether
the
same
may
be
revoked
;
and
whether
it
may
be
accepted
to
be
paid
at
a
longer
time
then
is
mentioned
:
and
what
Protests
are
then
necessary
to
be
made
.
-
XXIX
.
Of
Bills
accepted
for
the
honour
of
the
drawer
,
where
the
same
shall
oblige
.
-
XXX
.
The
time
customary
allowed
for
payment
after
failer
of
payment
at
the
day
.
-
XXXI
.
Of
the
validity
of
the
speedy
protest
as
in
relation
to
recover
the
money
to
be
paid
on
the
drawer
.
-
XXXII
.
Bill
accepted
,
and
before
the
day
of
payment
the
Acceptor
is
a
sayling
,
what
's
necessary
to
be
done
as
in
reference
to
obtaining
better
security
.
-
XXXIII
.
Bills
accepted
for
the
honour
of
the
drawer
,
where
turned
into
an
act
and
remitted
by
him
that
gives
honour
to
the
Bill
.
-
XXXIV
.
The
Acceptor
ready
to
pay
,
but
the
party
to
whom
made
payable
is
dead
,
what
is
necessary
.
-
XXXV
.
Causes
general
for
a
Protest
,
and
where
satisfaction
to
the
deliverer
discharges
all
parties
.
-
XXXVI
.
Of
Exchange
by
way
of
Credit
.
-
XXXVII
.
One
payes
a
Bill
before
it
be
due
,
and
the
party
to
whom
the
same
was
paid
fails
,
where
he
shall
be
answerable
to
the
drawer
notwithstanding
.
-
XXXVIII
.
Of
Bills
assignable
over
according
to
the
Customes
of
Merchants
,
what
operation
in
England
.
I.
THe
Exchange
for
Moneys
is
of
great
Antiquity
as
well
by
observation
of
the
Hebrew
Customes
,
as
those
of
the
Romans
.
Upon
the
first
of
the
Month
Adar
,
Proclamation
was
made
thoroughout
all
Israel
,
That
the
People
should
provide
their
half
Sheckl●…
which
were
yearly
paid
towards
the
Service
of
the
Temple
according
to
the
Commandement
of
God
;
on
the
25th
of
Adar
then
they
brought
Tables
into
the
Temple
,
(
that
is
,
Exod.
30.
31.
into
the
outward
Court
where
the
people
stood
)
on
these
Tables
lay
the
lesser
Coyns
which
were
to
furnish
those
who
wanted
half
Sheckles
for
their
Offerings
,
or
that
wanted
lesser
pieces
of
money
in
their
payment
,
for
Oxen
,
Sheep
,
Doves
and
the
like
which
stood
there
Moses
Kotsenses
Printed
at
Venice
1557.
de
Siclis
,
fo.
12●…
.
Col.
2.
in
a
readiness
in
the
same
Court
to
be
sold
for
Sacrifices
;
but
this
supply
and
furnishing
the
people
from
those
Tables
was
not
without
an
Exchange
for
other
money
,
or
other
things
in
lieu
of
money
,
and
that
upon
advantage
:
Hence
all
those
that
sate
at
the
Tables
were
called
chief
Bankers
,
or
Masters
of
the
Exchange
.
II.
By
the
Romans
it
is
supposed
to
be
in
use
upwards
of
2000
years
,
Moneys
being
then
elected
out
of
the
best
of
Metals
to
avoid
the
tedious
carriage
of
Merchandize
,
from
one
Countrey
to
another
:
So
other
Nations
imitating
the
Jewes
and
Romans
,
erected
Alex.
Gendier
.
l.
5.
cap.
30.
〈◊〉
.
Mints
,
and
coyned
Moneys
,
upon
which
the
Exchange
by
Bills
was
devised
,
not
onely
to
avoid
the
danger
and
adventure
,
but
also
its
troublesome
and
tedious
carriage
.
III.
Thus
Kingdoms
and
Countreys
having
by
their
soveraign
authorities
coyned
Moneys
,
caused
them
to
appoint
a
certain
Exchange
,
for
permutation
of
the
various
Coyns
of
several
Countreys
,
without
any
transportation
of
the
Coyn
,
but
giving
par
pro
pari
,
or
value
for
value
,
with
a
certain
allowance
to
be
made
those
Exchangers
for
accommodating
the
Merchants
.
IV.
As
Commerce
became
various
,
so
Exchange
numerous
;
but
generally
reduced
to
four
,
Cambio
Commune
,
Cambio
real
,
Cambio
sicco
,
and
Cambio
fictitio
.
Cambio
Commune
in
England
was
those
that
were
Constituted
by
the
several
Kings
,
where
having
received
Reg.
Orig.
194.
Statut.
5
R.
2.
cap.
2.
3
H.
7.
6.
Moneys
in
England
,
would
remit
by
Exchange
the
like
sum
to
be
paid
in
another
Kingdome
.
Edward
the
Third
,
to
ascertain
the
Exchange
,
caused
Tables
to
be
set
up
in
most
of
the
g●…eral
Marts
or
Ports
of
England
,
declaring
the
values
of
all
or
most
of
the
Forraign
Coyns
of
those
Countries
where
his
Subjects
held
correspondence
or
Commerce
,
and
what
allowances
were
to
be
made
for
having
Moneys
to
be
remitted
to
such
Countryes
or
Kingdoms
.
V.
Cambio
real
,
was
when
Moneys
were
paid
to
the
Exchanger
,
and
Bills
were
drawn
,
without
naming
〈◊〉
E.
〈◊〉
.
Acton
B●…nel
.
the
Species
,
but
according
to
the
value
of
the
several
Coyns
,
which
two
Offices
afterwards
were
incorporated
,
and
indeed
was
no
more
but
upon
payment
of
Moneys
here
in
England
to
be
repaid
the
just
value
in
money
in
another
Countrey
,
according
to
the
price
agreed
upon
between
the
Officer
and
deliverer
to
allow
or
pay
for
the
exchange
of
the
money
and
the
loss
of
time
.
VI.
Cambio
sicco
,
or
dry
Exchange
,
is
when
a
Merchant
hath
occasion
for
500
l.
for
a
certain
time
,
and
would
willingly
pay
interest
for
the
same
;
the
Banker
being
desirous
to
take
more
than
the
Statute
gives
,
and
yet
would
avoid
the
same
,
offers
the
500
l.
by
Exchange
for
Cales
,
whereunto
the
Merchant
agrees
;
but
the
Merchant
This
Usury
was
first
introduced
by
the
Jewes
here
in
England
.
Vide
Co.
2.
Inst.
fo.
506.
having
no
correspondence
there
,
the
Banker
desires
him
to
draw
his
Bill
,
to
be
paid
at
double
or
treble
usance
,
at
Cales
,
by
Robin
Hood
,
or
John-a-Noakes
(
any
seign'd
person
)
at
the
price
the
Exchange
is
then
curant
;
accordingly
the
Merchant
makes
the
Bill
,
and
then
the
Banker
payes
the
moneys
;
which
Bill
the
Banker
remits
to
some
Friend
of
his
to
get
a
Protest
from
Cales
for
non-payment
,
with
their
Exchange
of
the
money
from
Cales
to
London
,
all
which
with
costs
,
the
Merchant
is
to
repay
to
the
Banker
;
sometimes
they
are
so
conscientious
as
not
to
make
above
30
per
Cent.
VII
.
Cambio
fictitio
,
when
a
Merchant
hath
occasion
for
Goods
to
Freight
out
his
Ship
,
but
cannot
well
spare
money
;
The
Owner
,
of
the
Goods
tells
him
he
must
have
ready
money
;
the
buyer
knowing
his
drift
it
is
agreed
,
that
the
seller
shall
take
up
the
moneys
by
Exchange
for
Venice
,
or
any
other
parts
;
but
then
the
Merchant
must
pay
for
Exchange
and
re-exchange
.
So
likewise
where
the
Merchant
is
become
indebted
to
the
Banker
▪
they
are
contented
to
stay
,
the
Merchant
paying
Exchange
and
re-exchange
;
the
which
he
will
most
certainly
compel
him
to
do
.
These
two
last
wayes
of
grinding
the
face
of
the
3
&
4
H.
7.
generous
Merchant
,
was
afterwards
prohibited
,
but
,
notwithstanding
it
was
found
impossible
to
moderate
the
inequality
of
Exchanges
,
and
to
have
value
for
value
:
so
that
at
this
day
it
seems
to
be
a
Cold
,
that
many
an
honest
man
is
apt
to
catch
.
VIII
.
The
just
and
true
Exchange
for
Moneys
that
is
at
this
day
used
in
England
(
by
Bills
)
is
par
pro
pari
,
according
to
value
for
value
;
so
as
the
English
Exchange
,
being
grounded
on
the
weight
and
fineness
of
our
own
Moneys
,
and
the
weight
and
fineness
of
the
Moneys
of
each
other
Countrey
,
according
to
their
several
Standards
proportionable
in
their
valuation
,
which
being
truly
and
justly
made
,
ascertains
and
reduces
the
price
of
Exchange
to
a
sum
certain
for
the
Exchange
of
Moneys
to
any
Nation
or
Countrey
whatsoever
:
As
for
instance
,
If
one
receives
100
l.
in
London
to
pay
100
l.
in
Exeter
;
this
by
the
Par.
But
if
a
Merchant
receives
100
l.
in
London
to
pay
100
l.
at
Paris
,
there
the
party
is
to
examine
and
compare
the
English
weight
with
the
weight
of
France
,
the
fineness
of
the
English
Sterling
Standard
with
the
fineness
of
the
French
Standard
;
if
that
at
Paris
and
that
at
London
differ
not
in
proportion
,
then
the
Exchange
may
run
at
one
price
,
taking
the
denomination
according
to
the
valuation
of
the
Moneys
of
each
Countrey
;
but
if
they
differ
,
the
price
accordingly
rises
or
falls
:
and
the
same
is
easily
known
,
by
knowing
and
examining
the
real
fineness
of
a
French
5
s.
piece
,
and
an
English
5
s.
piece
,
and
the
difference
which
is
to
be
allowed
for
the
want
of
fineness
or
weight
,
which
is
the
Exchange
,
and
so
proportionably
for
any
,
Sums
or
Moneys
of
any
other
Countrey
;
the
which
is
called
Par
,
or
giving
value
for
value
.
But
this
Course
of
Exchange
[
](A51124-e68380-b)*
*
And
therefore
some
are
of
opinion
,
that
there
can
be
no
certain
rate
set
on
the
Par
in
Exchange
,
to
answer
justly
the
value
of
the
Coyns
of
Forraign
Parts
,
by
reason
of
the
diversity
of
them
,
and
of
their
intrinsical
values
.
Vide
Sir
Robert
Cottens
Posthuma
,
fo.
306.
is
of
later
years
abused
,
and
now
Moneys
are
made
a
meer
Merchandize
,
and
does
over-rule
Commodities
,
and
Moneys
rise
and
fall
in
price
according
to
the
plenty
and
scarcity
of
money
.
IX
.
As
Money
is
the
common
measure
of
things
between
man
and
man
within
the
Realm
,
so
is
Exchange
between
Merchant
and
Merchant
within
and
without
the
Realm
;
The
which
is
properly
made
by
Bills
when
Money
is
delivered
simply
here
in
England
,
and
Bills
received
for
the
repayment
of
the
same
in
some
other
Country
either
within
the
Realm
or
without
the
Realm
,
at
a
price
certain
,
and
agreed
upon
between
the
Merchant
and
the
Deliverer
.
For
there
is
not
at
this
day
any
peculiar
or
proper
Money
to
be
found
in
Specie
whereupon
Outland
Exchanges
can
be
grounded
;
therefore
all
Forraign
Coyns
are
called
imaginary
,
At
London
all
Exchanges
are
made
upon
the
pound
sterling
of
20
s.
and
12
d.
to
the
shilling
,
for
Germany
,
Cro.
2.
so
.
7.
Martin
versus
Bour.
Pasch.
1
Jac.
in
B.
R.
Low-Countries
,
and
other
places
of
Traffique
;
and
for
France
upon
the
French
Crown
:
for
Italy
,
Spain
,
and
some
other
places
,
upon
the
Ducat
:
For
Florence
,
Venice
,
and
other
places
in
the
Streights
,
commonly
by
the
Dollar
,
and
Florin
.
X.
Bills
drawn
to
be
paid
,
are
either
at
sight
,
or
a
time
certain
,
single
,
double
or
treble
usance
,
and
are
commonly
about
3.
for
fear
of
any
miscarriage
.
The
taking
and
delivering
money
at
sight
binds
the
taker
up
to
give
his
Bill
to
pay
at
sight
,
or
within
some
short
time
the
like
sum
after
such
a
rate
the
Pound
,
Dollar
,
Ducat
or
Crown
,
as
is
agreed
between
them
in
Forraign
Coyn
,
either
according
to
the
valuation
of
Moneys
,
or
currant
Moneys
for
Merchandize
.
XI
.
The
second
time
of
payment
is
called
Usance
,
it
is
known
or
taken
to
be
the
compass
of
one
month
,
to
be
computed
from
the
date
of
the
Bill
,
and
that
governed
according
to
the
custome
of
the
place
where
those
Exchanges
do
run
.
XII
.
The
third
is
double
or
treble
Usance
2.
or
3.
months
;
sometimes
there
are
Exchanges
made
upon
half
Usance
.
The
times
of
payment
do
alter
the
price
of
Exchanges
according
to
time
,
commonly
after
12
,
15
,
or
20
in
the
Hundred
by
the
year
.
Usance
from
London
to
|
Middleborough
|
are
generally
accounted
one
months
time
from
the
date
of
the
Bill
.
|
Amsterdam
|
Antwerpe
|
Bridges
|
Rotterdam
|
Lisle
|
Roane
|
Paris
|
|
The
Bills
may
have
a
larger
,
sometime
a
shorter
time
,
there
is
no
direct
certainty
,
but
onely
that
single
Usance
is
a
month
,
double
Usance
2.
months
,
&c.
|
Usance
from
Amsterdam
to
|
Rome
|
Are
generally
accounted
2
months
from
the
date
,
&c.
|
Genoa
|
Venice
|
Naples
|
Palermo
|
Luca
|
Sevill
|
Lisbon
|
|
From
London
to
|
Florence
|
is
sometime
accounted
treble
Usance
from
the
date
of
the
Bill
.
|
Venice
|
Leighorne
|
Zant
|
Aleppo
|
Luca.
|
|
XIII
.
Excambium
vel
Cambium
,
or
as
the
Civilians
term
,
permutatio
;
Billa
Excambij
signifieth
no
more
but
a
customary
Bill
,
solempnized
by
a
numerous
consent
of
Traders
,
to
have
a
respect
more
then
other
Bills
,
though
of
as
high
and
as
intrinsical
a
value
:
And
those
that
give
such
Bills
were
called
Exchangers
,
or
Bankers
.
Though
the
Act
was
no
more
but
to
keep
up
the
life
of
Commerce
,
(
without
which
it
is
impossible
for
any
Nation
to
flourish
;
)
yet
could
not
any
person
draw
Reg.
Orig.
fo.
194.
Statut.
5
〈◊〉
.
2.
Cap.
2.
such
Bills
,
or
return
Money
beyond
Seas
,
without
Licence
first
obtained
of
the
King
.
But
at
this
day
any
man
may
do
it
without
being
obliged
to
obtain
such
leave
.
XIV
.
Such
a
Bill
being
drawn
,
they
commonly
take
one
or
two
more
of
the
same
date
word
for
word
,
onely
this
Clause
is
inserted
in
the
second
,
My
first
of
the
same
date
persons
and
sum
not
being
paid
:
And
in
the
third
,
My
first
and
second
of
the
same
date
,
and
contents
not
being
paid
.
The
right
measure
of
judging
on
Bills
of
Exchange
,
is
purely
by
the
laudable
Custome
often
reiterated
over
Consuetudo
quandocunque
pro
lege
Servatur
,
saith
Bracton
,
in
partibus
ubi
fuerit
more
utentium
approbata
;
longaevi
enim
temporis
usus
&
consuetudinis
non
est
vilis
authoritas
,
lib.
1.
Cap.
3.
and
over
,
by
which
means
the
same
hath
obtained
the
force
of
a
Law
,
and
not
the
bare
and
single
opinion
of
some
half-fledg'd
Merchants
:
For
Bills
of
Exchange
are
things
of
great
moment
as
to
Commerce
,
and
are
neither
to
be
strained
so
high
,
as
that
a
man
should
not
cast
his
eye
on
them
but
the
same
shall
be
taken
to
be
an
acceptance
:
nor
on
the
other
hand
having
duly
accepted
them
,
the
same
should
be
rashly
and
unadvisedly
avoided
,
by
the
shallow
fancy
of
such
nimble
pated
shufflers
;
but
they
are
soberly
judged
and
governed
,
as
the
same
hath
generally
been
approved
of
and
adjudged
of
in
former
Ages
.
XV.
A
Bill
being
remitted
,
the
party
is
to
go
immediately
to
the
person
to
whom
the
same
is
directed
,
and
present
the
same
in
order
to
his
acceptance
;
if
it
be
tendred
,
and
the
party
subscribes
Accepted
;
or
,
Accepted
by
me
A.
B
;
or
being
in
the
Exchange
sayes
,
I
accept
the
Bill
,
and
will
pay
it
according
to
the
Contents
;
this
amounts
without
all
controversie
to
an
Acceptance
.
But
if
the
same
be
refused
,
the
party
must
then
procure
Words
are
made
to
signifie
things
;
By
the
word
,
Deliverer
,
is
meant
he
that
payes
the
Money
beyond
Sea
.
By
the
word
,
Drawer
,
he
that
writes
or
drawes
the
Bill
of
Exchange
;
the
person
upon
whom
,
is
called
the
Acceptor
.
a
Protest
,
and
remit
the
same
to
the
Deliverer
,
who
is
to
resort
to
the
Drawer
for
satisfaction
for
the
principal
costs
and
damage
.
XVI
.
If
there
be
several
Drawers
who
subscribe
,
all
are
liable
in
case
of
a
Protest
.
If
a
Bill
is
drawn
upon
a
Merchant
in
London
payable
to
J.
S.
at
double
Usance
,
J.
S.
is
not
bound
in
Nor
is
any
such
thing
as
a
3.
dayes
respite
to
be
allowed
for
acceptance
.
strictness
of
Law
to
procure
an
acceptance
,
but
onely
tender
the
Bill
when
the
Money
is
due
:
but
Merchants
which
generally
have
generous
spirits
will
not
surprize
a
man
,
but
will
first
procure
an
acceptance
,
●…or
at
least
leave
the
Bill
for
the
party
to
consider
and
give
his
answer
,
and
then
give
advice
of
the
same
,
and
if
the
money
be
not
paid
,
then
protest
.
XVII
.
A
protest
is
no
more
but
to
subject
the
drawer
to
answer
in
case
of
non-acceptance
or
non-payment
;
nor
does
the
same
discharge
the
party
Acceptor
,
if
once
accepted
;
for
the
Deliverer
hath
now
two
remedies
,
one
against
the
Drawer
,
and
the
other
against
the
Acceptor
.
To
entitle
the
party
to
an
Action
at
Law
in
England
against
the
Acceptor
,
it
matters
not
whether
there
be
a
Protest
;
but
to
entitle
the
party
to
a
recovery
against
the
Drawer
beyond
the
Seas
or
elsewhere
,
there
must
be
a
Protest
before
a
Publique
Notary
.
XVIII
.
A
Bill
drawn
on
two
joyntly
must
have
a
Per
Jasonem
in
lege
allegantur
ff.
de
conditionibus
indebiti
.
joynt
acceptance
,
otherwise
it
must
be
protested
,
but
to
two
or
either
of
them
,
è
cont
.
Then
if
the
same
be
accepted
by
one
,
it
is
pursuant
to
the
tenour
of
the
Bill
,
and
ought
not
to
be
protested
,
but
in
case
of
non-payment
;
and
in
that
case
the
person
acceptor
is
lyable
to
an
Action
:
but
if
it
be
on
joynt
Traders
,
an
acceptance
by
one
will
conclude
and
bind
the
other
.
XIX
.
A
Factor
of
the
Hamborough
,
Turkey
,
or
India
Company
drawes
a
Bill
on
the
same
,
and
a
member
accepts
the
same
,
this
perhaps
may
make
him
lyable
,
but
not
another
member
.
So
it
is
if
10
Merchants
shall
imploy
a
Factor
at
the
Canaries
,
and
the
Factor
drawes
a
Bill
on
them
all
,
and
one
of
them
accepts
the
Bill
,
and
then
refuses
payment
;
this
will
not
oblige
the
rest
.
But
if
there
be
3.
Joynt
Traders
for
the
common
stock
and
benefit
of
all
there
,
and
their
Factor
drawes
a
Mich.
19
Jao
.
C.
B.
Vanheath
versus
Turner
,
Winch.
24
,
25.
Bill
on
them
;
the
acceptance
of
the
one
will
oblige
the
residue
of
the
Company
.
XX.
A
small
matter
amounts
to
an
acceptance
,
so
that
there
be
right
understanding
between
both
parties
;
As
,
Leave
your
Bill
with
me
and
I
will
accept
it
:
Or
,
Call
for
it
to
morrow
,
and
it
shall
be
accepted
;
that
does
oblige
as
effectual
by
the
Custome
of
Merchants
,
and
according
to
Law
,
as
if
the
party
had
actually
subscribed
or
signed
it
,
(
which
is
usually
done
.
)
But
if
a
man
shall
say
,
Leave
your
Bill
with
me
,
I
will
look
over
my
Accounts
and
Books
between
the
drawer
and
I
,
and
call
to
morrow
,
and
accordingly
the
Bill
shall
be
accepted
;
this
shall
not
amount
to
a
compleat
acceptance
:
for
this
mention
of
his
Book
and
Accounts
,
was
really
intended
to
see
if
there
were
effects
in
his
hands
to
answer
,
without
which
perhaps
he
would
not
accept
of
the
same
.
And
so
it
was
Rul'd
by
L.
Chief
Justice
Trin.
20
Car.
2
in
B.
R.
Hale
at
Guild-Hall
.
A
Bill
may
be
accepted
for
part
,
for
that
the
party
The
receiving
of
part
of
the
Moneys
upon
the
Bill
,
does
no
wayes
weaken
the
Bill
.
upon
whom
the
same
was
drawn
had
no
more
effects
in
his
hands
;
which
being
usually
done
,
there
must
be
a
protest
,
if
not
for
the
whole
sum
,
yet
at
least
for
the
residue
:
however
,
after
payment
of
such
part
there
must
be
a
protest
for
the
remainder
.
XXII
.
Any
time
before
the
money
becomes
due
,
the
Drawer
may
countermand
the
payment
,
although
Per
leg
.
publia
in
si
ff.
depositi
&
per
Bart.
ibidem
,
&
per
Romanum
singulari
,
474.
the
Bill
hath
been
accepted
.
The
Countermand
is
usually
made
before
a
Notary
;
but
if
it
comes
without
,
so
it
comes
under
the
parties
hand
,
it
is
well
enough
.
If
the
Bill
be
accepted
,
and
the
party
desires
to
have
the
money
before
it
be
due
,
and
it
is
paid
,
and
then
there
comes
a
countermand
;
it
hath
been
conceived
,
that
he
ought
not
to
be
allowed
,
for
as
he
could
not
enlarge
the
time
,
so
he
could
not
shorten
it
,
but
his
duty
is
to
follow
his
Order
.
XXIII
.
Note
,
The
Drawer
is
bound
to
the
Deliverer
,
Words
are
made
to
signifie
things
;
Therefore
by
the
word
,
Deliverer
,
is
meant
he
that
payes
the
Money
:
he
that
drawes
the
Bill
is
called
the
Taker
or
Drawer
:
And
the
party
upon
whom
,
is
called
the
Accepter
.
and
the
Acceptor
to
the
party
to
whom
the
Bill
is
made
payable
;
yet
both
are
not
bound
to
one
man
,
unless
the
Deliverer
be
a
servant
to
the
party
to
whom
the
money
is
made
payable
;
or
the
party
to
whom
the
money
is
made
payable
be
servant
to
the
Deliverer
:
yet
both
Taker
and
Accepter
are
lyable
till
the
Bill
is
paid
.
XXIV
.
Therefore
when
you
bring
your
Action
,
be
sure
to
draw
your
Declaration
accordingly
,
and
make
the
same
part
of
the
Custome
as
you
set
it
forth
;
for
if
you
vary
,
you
must
expect
to
be
nonsuited
:
and
the
party
is
not
bound
to
alledge
a
particular
place
of
demand
.
Styles
,
Pasch.
1654.
in
B.
R.
fo.
370.
If
a
Bill
be
returned
protested
for
want
of
payment
,
the
Drawer
is
to
repay
the
money
and
damage
,
or
else
he
may
procure
a
security
,
which
is
no
more
but
another
person
of
value
subscribes
the
Bill
,
in
these
or
the
like
words
,
I
here
underwritten
do
bind
my self
as
Principal
,
according
to
the
Custome
of
Merchants
,
for
the
summe
mentioned
in
the
Bill
of
Exchange
whereupon
this
Protest
is
made
,
Dated
,
&c.
Now
the
Drawer
by
vertue
of
this
supplymental
agreement
hath
as
much
time
again
to
pay
the
Moneys
as
there
was
given
him
in
the
Bill
when
it
was
first
drawn
;
so
that
if
the
money
is
not
then
paid
,
together
with
the
Rechange
and
Charges
of
the
party
,
the
party
may
recover
the
same
on
the
Principal
or
Security
.
XXV
.
Beyond
the
Seas
the
protest
[
](A51124-e70290-b)*
*
That
is
for
not
payment
,
the
Bill
being
once
accepted
.
under
the
Notary's
hand
is
sufficient
to
shew
in
Court
without
producing
the
very
Bill
it self
.
But
if
a
Bill
in
England
be
accepted
,
and
a
special
Action
grounded
on
the
Custome
be
brought
against
the
Acceptor
,
at
the
Tryal
the
party
Plaintiff
must
produce
the
Bill
accepted
,
and
not
the
Protest
;
otherwise
he
will
fail
in
his
Action
at
that
time
.
Therefore
it
is
safe
that
a
Bill
once
accepted
be
kept
,
and
onely
a
Protest
for
non-payment
be
remitted
;
but
a
Bill
protested
for
not
acceptance
must
be
remitted
.
XXVI
.
If
a
Bill
is
lest
with
a
Merchant
to
accept
,
and
he
loses
the
Bill
(
or
at
least
it
is
so
mis-lade
that
it
cannot
be
found
;
)
if
the
party
shall
request
the
Merchant
to
give
him
a
Note
for
the
payment
according
to
the
time
limited
in
the
Bill
of
Exchange
.
Otherwise
there
must
be
two
Protests
,
one
for
not
acceptance
,
the
other
for
non-payment
;
but
if
a
Note
is
given
for
payment
,
if
there
happens
to
be
a
failer
,
yet
in
that
case
there
must
be
Protest
for
non-payment
.
XXVII
.
A
Bill
is
remitted
to
J.
S.
who
owes
moneys
to
J.
D
:
J.
S.
delivers
the
Bill
to
J.
D
,
and
on
the
back-side
subscribes
his
name
;
if
J.
D.
receives
the
moneys
,
he
may
fill
up
the
blanck
as
if
the
moneys
had
been
actually
paid
to
J.
S
:
This
is
practised
amongst
Merchants
,
and
by
them
reputed
firm
and
good
.
But
certainly
the
Common
Law
looks
upon
this
filling
up
of
Blanks
after
a
man
hath
once
signed
or
sealed
,
to
be
no
better
then
a
harmless
forgery
.
Note
.
No
person
be
it
Wife
or
Servant
,
can
accept
of
a
Bill
of
Exchange
to
bind
the
Master
without
a
lawful
authority
,
as
a
Letter
of
Attorney
,
and
the
like
,
which
must
be
under-hand
,
unless
that
it
has
been
formerly
and
usually
done
by
the
Wife
or
Servant
in
such
case
,
when
the
Master
hath
been
out
of
Town
;
who
hath
approved
of
the
same
and
answer'd
payment
:
it
must
be
usually
done
;
but
one
Partner
may
for
another
.
Styles
Reports
,
in
B.
R.
370.
A
Servant
of
Sir
Robert
Clayton
and
Mr.
Alderman
Morris
,
(
but
at
that
time
actually
gone
from
them
)
took
up
200
Guineys
of
Mr.
Monck
a
Goldsmith
,
without
any
authority
of
his
Masters
;
(
but
Monck
did
not
know
that
he
was
gone
)
the
Moneys
not
being
paid
,
Monck
Monck
versus
Clayton
Mil'
,
and
Morris
.
Mich.
22
Car.
2.
in
B.
R.
brought
an
Action
against
Sir
Robert
Clayton
and
Morris
,
and
at
Guild-Hall
it
was
Rul'd
per
Keeling
Chief
Justice
,
That
they
should
answer
;
and
there
was
a
Verdict
for
the
Plaintiff
:
And
though
there
was
great
endeavours
to
obtain
a
new
Tryal
,
yet
it
was
denyed
,
the
Court
at
West
minster
being
fully
satisfied
that
they
ought
to
answer
:
for
this
Servant
had
used
often
to
receive
and
pay
moneys
for
them
;
and
thereupon
they
actually
paid
the
moneys
.
Note
.
That
which
will
oblige
the
Master
,
will
be
the
And
though
the
same
seems
an
act
of
Wisdome
for
Merchants
and
others
so
to
take
,
yet
it
oftentimes
proves
the
destruction
of
many
a
Family
;
The
Father
puts
out
the
Son
perhaps
with
no
less
then
2
or
300
l
;
and
is
himself
become
bound
for
his
Truth
and
just
Accounting
,
&c.
The
Servant
is
immediately
trusted
with
his
Cash
,
and
then
he
too
young
experienc'd
in
the
World
,
either
neglects
keeping
a
iust
account
,
or
keeping
that
,
subjects
his
Masters
Cash
to
be
spent
by
himself
and
those
who
make
it
their
sole
Trade
to
betray
such
Youths
:
The
Master
finding
the
consumption
,
calls
his
Servant
to
account
,
who
conscious
of
the
act
,
forsakes
his
Service
,
dares
not
see
his
Relations
,
and
then
as
a
general
consequence
falls
into
a
Company
,
the
which
nothing
but
Providence
can
preserve
from
taking
their
wicked
courses
.
The
Father
is
called
to
answer
,
(
what
ever
the
Master
does
say
the
Servant
hath
spent
or
imbezled
)
none
being
able
to
contradict
him
,
he
must
with
a
heart
full
of
grief
submit
to
and
pay
,
besides
the
loss
of
the
Moneys
advanced
upon
the
Servant's
first
putting
forth
:
Which
sometimes
proves
a
great
affliction
in
a
Family
.
On
the
other
side
,
if
Servants
were
not
to
be
entrusted
,
the
Mystery
could
not
be
learnt
,
nor
the
business
dispatched
;
and
therefore
faith
must
be
given
:
but
then
it
were
Justice
and
Honesty
that
as
a
Father
puts
perhaps
the
Child
of
his
love
to
one
in
whom
he
reposes
a
faith
and
trust
,
that
the
Master
should
be
then
as
a
Parent
,
so
they
should
prevent
all
occasions
that
might
subject
them
to
Temptations
,
and
not
be
over-hasty
in
Trusting
them
with
the
Cash
:
which
is
the
very
Bait
our
London
Gamesters
catch
such
Gudgeons
.
authority
and
liberty
which
he
usually
gives
the
Servant
;
therefore
such
a
power
devolved
,
ought
to
be
secured
by
the
prudent'st
way
that
may
be
;
which
is
generally
done
by
Bonds
and
Obligations
.
If
a
Bill
of
Exchange
by
contrary
Wind
or
other
occasions
be
so
long
on
the
way
that
the
Usance
or
time
limited
by
the
Bill
be
expired
,
and
being
tendred
,
both
acceptance
and
refusal
are
denyed
;
protests
for
both
must
be
made
,
and
the
Drawer
must
answer
the
value
,
rechange
and
damage
.
XXVIII
.
A
Bill
once
accepted
cannot
be
revoked
by
the
party
that
accepted
it
,
though
immediately
after
Rastal
339.
and
before
the
Bill
becomes
due
,
he
hath
advice
the
Bald.
in
r●…
br.
de
constitut.
pecunia
in
ult.
Col.
&
leg
.
quidem
ff.
eodem
Col.
penult.
Drawer
is
broke
.
If
a
Bill
is
not
accepted
to
be
paid
at
the
exact
time
,
it
must
be
protested
;
but
if
accepted
for
a
longer
time
,
the
party
to
whom
the
Bill
is
made
payable
must
protest
the
same
for
want
of
acceptance
according
to
the
tenour
:
yet
he
may
take
the
acceptance
offered
notwithstanding
.
Nor
can
the
party
if
he
once
subscribes
the
Bill
for
a
longer
time
,
revoke
the
same
,
or
blot
out
his
name
,
although
it
is
not
according
to
the
tenour
of
the
Bill
;
for
by
his
acceptance
he
hath
made
himself
debtor
,
and
owns
the
draught
made
by
his
Friend
upon
him
,
whose
right
another
man
cannot
give
away
,
and
therefore
cannot
refuse
or
discharge
the
acceptance
.
Note
.
This
case
will
admit
of
two
Protests
,
perhaps
three
:
-
1.
One
Protest
must
be
made
for
not
accepting
according
to
the
time
.
Bald.
in
Leg.
pro
debito
.
C.
de
bon.
actor
.
Judi
.
possiden
.
&
per
Bartol.
in
Leg.
singularia
.
Col.
7.
ff.
probatur
.
-
2.
For
that
the
money
,
being
demanded
according
to
the
time
mentioned
in
the
Bill
,
was
not
paid
.
-
3.
If
the
Money
is
not
paid
according
to
that
time
that
the
Acceptor
subscribed
or
accepted
.
A.
drawes
a
Bill
on
B
,
and
B.
is
in
the
Country
;
C.
a
Friend
of
his
hearing
of
the
Bill
accepts
it
:
the
party
to
whom
the
money
is
to
be
paid
must
make
a
protest
for
non-acceptance
by
B
,
and
then
he
may
take
the
acceptance
of
C
,
and
it
shall
bind
C.
to
answer
the
Money
.
If
a
Bill
is
drawn
on
B
,
and
B.
happens
to
be
in
the
Country
,
and
a
Friend
of
his
desires
the
party
not
to
Pinchard
versus
Fowk
,
Styles
,
416.
protest
,
and
he
will
pay
the
same
,
it
is
good
,
and
shall
bind
such
party
.
If
there
be
two
joynt-Merchants
or
Partners
,
and
one
of
them
accepts
a
Bill
of
Exchange
,
the
same
shall
Pasch.
1654.
in
B.
R.
Styles
370.
bind
the
other
;
and
an
Action
of
the
Case
on
the
Custome
may
be
maintained
against
him
.
XXX
.
Merchants
generally
allow
3.
dayes
after
a
Bill
becomes
due
for
the
payment
;
and
for
non-payment
London
.
within
the
3.
dayes
protest
is
made
,
but
is
not
sent
away
till
the
next
Post
after
the
time
of
payment
is
expired
.
If
Saturday
is
the
third
day
,
no
protest
is
made
till
Holland
.
Munday
.
XXXI
.
The
use
of
the
Protest
is
this
,
That
it
signifies
There
are
two
Protests
,
1.
For
non-acceptance
,
which
is
called
intimation
.
2.
for
non-payment
.
to
the
Drawer
that
the
party
upon
whom
he
drew
his
Bill
was
unwilling
,
not
to
be
found
or
insolvent
,
and
to
let
him
have
a
timely
notice
of
the
same
,
and
to
enable
the
party
to
recover
against
the
Drawer
,
For
if
one
drawes
a
Bill
from
France
upon
a
person
in
England
,
who
accepts
and
fails
,
or
becomes
insolvent
at
the
time
of
payment
,
if
there
be
not
a
Protest
and
[
](A51124-e71020-b)*
*
Which
is
look'd
upon
to
be
the
third
day
.
timely
notice
sent
to
the
Drawer
there
,
it
will
be
difficult
to
recover
the
money
.
In
Holland
they
are
not
altogether
so
strict
,
yet
there
must
be
a
reasonable
time
of
notice
;
the
reason
is
,
for
perhaps
if
he
had
reasonable
and
timely
notice
,
the
Drawer
then
might
have
had
Effects
or
other
means
of
his
upon
whom
he
drew
,
to
reimburse
himself
the
Bill
;
which
since
for
want
of
timely
notice
he
hath
remitted
or
lost
.
And
the
general
Rule
is
,
That
though
the
Drawer
is
bound
to
the
Deliverer
till
the
Bill
is
satisfied
,
yet
it
is
with
this
proviso
,
that
protest
be
made
in
due
time
,
and
a
lawful
and
an
ingenious
diligence
used
There
is
no
danger
,
be
the
party
never
so
responsible
,
to
protest
immediately
if
the
money
be
not
paid
when
it
is
due
i.
e.
the
third
day
;
but
there
may
(
especially
beyond
Seas
)
be
great
hazard
for
want
of
protesting
.
for
the
obtaining
payment
of
the
Moneys
;
for
it
were
unreasonable
the
Drawer
should
suffer
thorough
his
neglect
.
XXXII
.
Where
a
Merchant
hath
accepted
,
and
before
the
same
became
due
,
he
becomes
insolvent
,
or
at
least
his
credit
publiquely
blasted
,
a
Protest
ought
to
go
;
but
In
leg
.
pno
debito
in
fine
C.
de
bonis
author
.
Judi
.
possiden
.
then
there
is
usually
a
demand
made
,
which
once
comeing
,
the
Drawer
is
compellable
to
give
better
security
;
and
if
a
second
Bill
comes
if
no
protest
,
then
Drawer
and
Security
lye
at
stake
.
XXXIII
.
If
a
Merchant
drawes
a
Bill
,
and
there
is
a
Protest
for
non-payment
;
if
another
person
hearing
of
the
same
declare
,
that
he
for
the
honour
of
the
Drawer
will
pay
the
contents
,
and
thereupon
subscribes
;
he
is
obliged
thereby
:
and
in
this
case
it
has
been
practised
,
that
the
party
that
received
the
money
hath
put
his
name
on
the
back-side
of
the
Bill
in
blanck
;
but
the
receipt
is
sometimes
taken
on
the
Protest
,
which
together
with
the
whole
proceeding
is
turned
into
an
act
,
and
the
same
being
drawn
by
the
Notary
,
is
remitted
to
the
Drawer
by
him
who
gave
honour
to
the
Bill
.
XXXIV
.
If
a
Bill
be
accepted
,
and
the
party
dyes
,
yet
there
must
be
a
demand
made
of
his
Executors
or
Administration
;
and
in
default
or
delay
of
payment
,
a
Protest
must
be
made
:
and
although
it
may
fall
out
that
the
Moneys
may
become
due
before
there
can
be
14
dayes
allowed
from
the
death
before
Administration
can
be
committed
,
unless
there
be
a
Will
.
Administrators
,
or
the
Probate
of
the
Will
be
granted
;
yet
that
is
delay
sufficient
for
a
Protest
in
case
of
non-payment
.
But
on
the
other
hand
,
if
the
party
be
dead
to
whom
the
Moneys
are
made
payable
,
and
the
Moneys
are
ready
to
be
paid
,
and
there
is
no
person
that
can
legally
give
a
discharge
;
yet
a
protest
ought
not
to
go
for
not
payment
:
The
reason
is
,
because
there
is
no
person
that
But
an
Intimation
ought
to
go
,
and
that
the
Acceptor
is
willing
to
pay
according
to
Order
.
hath
any
authority
either
in
deed
or
in
Law
to
make
it
,
and
a
Notary
ought
not
to
make
it
;
if
he
does
,
and
the
party
hath
received
any
prejudice
thereby
,
an
Action
of
the
Case
perhaps
may
lye
against
him
for
his
pains
:
nor
does
it
avail
,
that
if
security
be
offered
to
save
him
harmless
against
the
Executors
or
Administrators
,
for
that
is
an
act
left
to
his
own
discretion
;
for
perhaps
the
security
may
not
be
lik'd
:
but
whether
good
or
bad
,
makes
nothing
as
to
oblige
him
in
Law
.
But
if
a
man
is
bound
in
a
Bond
to
pay
a
sum
of
money
to
J.
S.
his
Executors
,
Administrators
,
&c.
and
the
Obligee
dyes
intestate
the
day
before
the
sum
becomes
due
,
yet
the
Bond
is
not
forfeited
if
not
paid
at
the
day
,
because
there
was
no
body
to
whom
the
Obligor
could
pay
to
save
his
Obligation
:
But
as
Littleton
sayes
,
if
it
be
to
pay
to
J.
S.
generally
,
you
must
hunt
him
out
all
over
the
Kingdom
,
if
you
'l
save
the
penalty
.
XXXV
.
A
man
not
found
,
or
being
found
not
met
withal
either
at
home
or
the
Exchange
,
is
cause
sufficient
for
a
protest
;
but
in
that
there
must
be
diligence
used
in
the
finding
him
.
A
Bill
returned
protested
for
non-payment
being
once
satisfied
by
the
drawer
to
the
deliverer
,
the
drawer
is
discharged
and
so
is
the
Accepter
to
him
to
whom
the
Moneys
were
to
be
paid
:
but
,
the
Accepter
by
vertue
of
his
acceptance
makes
himself
a
debtor
secundum
consuetudinem
Mercatoriam
to
the
drawer
.
XXXVI
.
Moneys
may
be
had
on
Exchange
by
way
of
Letters
of
Credit
,
the
which
are
in
two
respects
,
the
first
general
,
the
other
especial
.
The
general
Letter
is
open
directed
,
To
all
Merchants
and
others
that
shall
furnish
my
Servant
or
Factor
,
or
any
other
with
such
and
such
Moneys
;
for
repayment
of
which
he
binds
himself
to
answer
and
pay
all
such
Bills
of
Exchange
as
shall
be
drawn
on
him
upon
the
receipt
of
the
value
,
by
his
Servant
,
Factor
or
other
person
:
If
there
be
really
Moneys
advanced
on
this
Letter
of
Credit
and
paid
to
the
Factor
,
Servant
or
other
,
and
Bills
of
Exchange
are
sent
to
the
party
that
sent
such
Letter
of
Credit
,
and
if
he
refuses
to
accept
,
yet
according
to
the
customes
of
Merchants
he
is
bound
to
pay
;
the
reason
is
,
for
there
was
no
respect
had
to
the
ability
of
the
taker
up
,
but
to
him
that
gave
his
Letters
of
Credit
:
and
therefore
in
such
case
if
an
Action
at
Law
be
brought
,
the
particular
custome
as
to
that
point
must
be
carefully
set
forth
.
The
special
Letters
of
Credit
,
where
one
writes
a
Letter
to
furnish
another
mans
Factor
or
Agent
;
and
there
is
in
this
the
same
remedy
as
above
.
As
Bills
of
Exchange
seldome
come
without
Letters
of
Advice
,
so
ought
they
to
be
pursued
:
If
a
Bill
shall
express
,
And
put
it
to
the
account
of
A
;
and
the
Letter
of
Advice
sayes
B
;
this
must
be
protested
against
,
for
it
cannot
safely
be
paid
;
at
least
running
the
risque
of
an
equitable
Suit
.
XXXVII
.
If
one
payes
money
on
a
Bill
before
it
be
due
and
the
party
breaks
,
it
has
been
conceived
that
the
party
ought
to
answer
the
drawer
:
The
reason
hath
been
,
because
the
drawer
might
have
countermanded
the
same
,
or
ordered
the
Bill
to
be
made
payable
to
another
.
In
Italy
if
Money
is
paid
to
a
Banker's
Servant
,
and
if
the
Master
subscribe
,
Pagate
com
si
dice
,
this
binds
the
Master
as
effectually
as
if
he
had
subscribed
it
with
his
own
hands
.
XXXVIII
.
A
Bill
drawn
by
a
Merchant
in
London
payable
by
another
person
beyond
Seas
,
such
Bills
in
most
Countreys
are
assignable
over
from
Merchant
to
Merchant
,
and
the
last
person
may
sue
and
recover
the
same
upon
an
acceptance
:
But
in
England
onely
the
first
person
mentioned
in
the
Bill
,
and
to
whom
the
Money
is
made
payable
may
recover
.
'T
is
true
,
such
person
to
whom
the
Money
is
made
payable
,
may
for
valuable
consideration
deliver
this
Bill
to
another
person
,
and
he
may
endorse
an
Order
on
the
back-side
;
but
if
the
party
afterwards
refuses
payment
of
the
same
,
it
may
be
sued
in
the
parties
name
to
whom
the
same
was
transferred
,
laying
the
same
by
way
of
Custome
.
CHAP.
XI
.
Of
Moneys
advanced
by
way
of
Bottomerie
,
or
Faenus
Nauticum
.
-
I.
How
Commerce
is
made
equivalent
to
Natural
Community
.
-
II.
Whether
Money
be
fit
onely
to
maintain
the
Trade
and
Credit
of
Vice
.
-
III.
Whether
Abraham
chose
to
acquire
a
Property
by
Money
.
-
IV.
Of
the
natural
and
instrumental
measure
of
the
value
of
things
.
-
V.
How
Money
is
equal
to
all
things
.
-
VI.
Money
is
for
buying
,
and
hinders
not
but
helps
Permutation
.
-
VII
.
Money
the
Instrument
of
Charity
and
Sacrifices
as
well
as
our
Necessities
.
-
VIII
.
Of
the
difference
between
Moneys
advanced
to
be
used
in
Commerce
at
Land
,
and
that
which
is
advanced
at
Sea
.
-
IX
.
Of
Moneys
advanced
by
way
of
Bottomerie
when
the
Contract
hath
its
inception
.
-
X.
Of
Moneys
sent
on
Shipboard
,
and
the
Vessel
is
wreckt
,
where
the
Lender
shall
bear
share
of
the
loss
,
and
where
not
.
-
XI
.
Of
Moneys
taken
up
by
the
Master
,
where
the
same
shall
oblige
the
Owners
,
and
where
not
.
-
XII
.
The
derivation
and
institution
of
this
sort
of
Loan
,
and
for
what
causes
.
-
XIII
.
Of
the
several
wayes
of
taking
up
of
Moneys
by
way
of
Bottomerie
,
real
and
feigned
.
-
XIV
.
Moneys
so
advanced
,
whether
gain
ought
to
be
bounded
,
or
otherwise
left
to
the
will
of
the
Lender
.
-
XV.
Of
Usura
Maritima
,
how
reasonable
the
same
stands
at
this
day
.
-
XVI
.
Of
Moneys
advanced
to
a
considerable
profit
called
usufruit
,
being
both
honest
and
honourable
.
I.
MOney
is
one
of
those
things
which
they
who
want
,
want
all
other
things
but
words
to
reproach
their
bad
Fortune
.
But
sometimes
it
is
the
policy
even
of
Rags
and
Poverty
it self
to
undervalue
that
which
it
cannot
have
,
and
to
convert
that
which
it
hath
(
though
never
so
mean
)
into
an
esteem
;
and
then
to
lodge
as
much
pride
in
a
Tub
,
as
Alexander
could
in
a
Palace
,
though
it
could
not
tempt
him
to
a
change
of
Condition
.
Nil
habet
infaelix
paupertas
durius
in
se
,
Quam
quod
ridiculos
homines
facit
—
No
wonder
therefore
,
seeing
Rich
men
will
be
obstinate
to
hold
to
their
advantages
,
that
deformed
Poverty
(
which
mixes
with
them
in
the
same
frame
as
a
shadow
to
set
off
their
Colours
the
better
)
would
have
the
Rich
to
descend
to
them
;
and
that
instead
of
setting
out
Moneys
by
way
of
Bottomery
,
Usury
and
the
like
,
they
would
not
have
any
such
thing
as
money
at
all
,
but
would
have
all
things
reduced
into
a
state
as
is
afore
mentioned
.
[
](A51124-e71740-b)*
*
L.
1.
Cap.
1.
§.
1
,
2
,
3.
It
cannot
be
denyed
,
but
that
we
all
live
by
the
natural
or
intrinsique
value
of
things
;
but
the
way
to
come
by
them
is
by
an
Instrument
of
civil
value
,
which
is
Money
;
instead
of
Community
therefore
we
now
have
Commerce
:
which
Commercium
is
nothing
else
but
Communio
mercium
;
but
Communion
must
needs
be
by
the
means
of
another
thing
that
may
bear
equal
proportion
on
both
sides
,
which
is
Money
onely
.
But
now
let
us
hear
and
if
possible
satisfie
the
complaints
that
are
made
against
it
so
impatiently
.
Where
there
is
great
Luxury
,
there
must
be
likewise
great
Industry
to
maintain
it
,
and
therefore
the
Industry
of
this
Civil
State
,
must
be
greater
than
that
which
is
in
the
simple
state
of
Nature
:
But
what
is
there
here
too
blame
,
seeing
Industry
no
more
than
Plenty
is
in
it self
a
Sin
?
II.
It
is
the
Answer
of
Envy
or
Ignorance
,
Prima
peregrinos
obscaena
pecunia
mores
—
in●…ulit
—
Money
is
that
(
say
they
)
which
maintains
the
Trade
and
Credit
of
Vice
,
if
that
were
taken
away
,
we
should
look
after
nothing
but
necessaries
,
which
are
virtuous
;
it
makes
too
nice
inequalities
and
distances
,
and
is
not
significant
enough
in
the
best
things
:
for
all
the
Money
in
the
World
is
not
really
worth
one
penny
loaf
,
which
is
convertible
into
our
Natures
and
Substances
;
it
serves
onely
to
assure
Fortune
,
but
not
Virtue
,
it
is
accepted
as
the
measure
of
all
things
Natural
,
Moral
,
and
Divine
:
for
Honour
is
nothing
but
ancient
Riches
[
](A51124-e71810-b)*
*
Aristotle
Polit.
,
and
in
Morals
,
Virtus
post
nummos
;
This
in
Religion
breeds
that
root
of
all
Evil
,
Covetousness
:
for
in
a
simple
state
of
Nature
necessary
things
must
needs
be
spent
within
a
short
time
,
and
the
return
of
the
Sun
brings
a
new
supply
and
a
Treasure
greater
than
the
Indies
;
Of
which
One
[
](A51124-e71840-b)†
†
Campanella
Monarch
.
His●…
.
makes
this
Observation
,
That
it
was
got
in
blood
,
sayles
home
in
a
Sea
of
blood
,
and
never
rests
till
it
be
laid
out
in
blood
.
This
was
that
which
was
made
the
Price
of
Salvation
,
even
of
the
Blood
of
our
Blessed
Saviour
,
30
Pieces
for
that
which
was
worth
Thirty
thousand
Worlds
;
but
in
the
Religion
of
the
first
times
,
Nullo
violatus
Jupiter
auro
,
as
Juvenal
hath
it
.
And
if
this
had
not
been
brought
into
the
World
,
we
should
not
have
so
much
to
discount
for
at
the
day
of
Judgment
.
Why
therfore
should
that
which
is
condemned
to
the
obscurity
of
the
Earth
,
and
lodg'd
so
near
Hell
,
now
be
made
the
price
of
all
that
which
is
above
the
Earth
,
even
a
Solo
usque
Coelum
?
Or
why
should
we
be
excluded
from
the
Gifts
of
Nature
,
unless
we
have
those
of
Fortune
?
Is
it
not
then
more
reasonable
that
Rich
men
lose
this
Instrument
of
Luxury
;
than
the
Poor
should
lose
the
necessary
means
of
their
subsistence
?
This
is
the
Plea
which
is
made
in
forma
Pauperis
,
Et
de
ipsa
paupertate
.
Most
certain
it
is
,
that
neither
the
stupid
simplicity
of
the
Woods
,
nor
Poverty
it self
are
any
part
of
Virtue
,
and
therefore
are
not
reckoned
Blessings
,
as
Riches
were
to
Solomon
,
(
he
who
built
Gods
first
Temple
,
and
put
his
Religion
in
lustre
)
and
as
they
likewise
were
to
Numa
,
from
whom
Money
was
called
Nummus
:
He
likewise
built
the
first
Temple
at
Rome
,
and
kindled
first
the
Vestal
fire
,
&
ferocem
populum
deorum
metu
mitigavit
.
III.
We
know
how
God
conversed
with
Abraham
who
was
the
first
that
had
Money
,
and
made
use
of
it
to
buy
a
Property
:
It
is
true
,
they
with
whom
he
inhabited
called
him
a
Prince
,
but
that
was
no
argument
to
him
to
disown
their
properties
,
but
for
the
contrary
,
lest
they
should
think
that
Dominion
or
a
right
to
things
was
founded
in
grace
.
IV.
But
to
come
more
close
to
the
Question
,
and
to
examine
the
reason
and
necessity
of
this
measure
;
Money
is
like
a
Law
or
Government
,
which
are
all
constituted
by
the
same
extream
necessity
;
therefore
the
counterfeiting
or
attempting
to
destroy
any
of
these
by
private
means
is
every
where
Treason
.
Now
this
measure
is
two-fold
,
either
Natural
or
Civil
,
or
rather
natural
,
and
the
Instrument
which
expresses
the
natural
by
equal
Permutation
:
The
natural
measure
is
proportioned
either
by
Want
,
or
Plenty
;
In
Want
we
consider
whether
the
thing
be
useful
or
necessary
;
things
which
are
necessary
are
best
,
but
of
least
price
;
as
a
Loaf
of
Bread
is
more
necessary
,
but
infinitely
cheaper
than
a
Diamond
.
One
man
hath
Cloathes
,
another
man
hath
Leather
;
those
two
possibly
have
no
need
one
of
another
,
and
therefore
there
will
be
no
Permutation
betwixt
them
;
but
if
one
had
need
of
another
,
then
he
who
were
most
prest
,
would
come
to
the
price
of
the
other
:
And
therefore
Want
or
Plenty
is
the
measure
of
estimating
things
,
and
is
the
bond
of
Society
,
whereby
one
man
shews
he
is
or
may
be
useful
to
another
;
and
Nature
hath
so
ordered
it
,
that
no
man
is
so
Rich
who
hath
not
some
need
of
the
Poor
;
and
no
man
is
so
mean
and
abject
,
but
he
may
be
some
wayes
useful
to
the
Rich.
V.
The
Civil
Measure
or
rather
Instrument
whereby
Money
is
like
the
middle
term
of
a
Syllogisine
,
of
which
it
is
said
,
Quo
conveniunt
in
tertio
conveniunt
inter
se.
the
Natural
expresses
it self
,
is
Money
,
which
hath
but
a
feigned
value
,
and
therefore
it
is
sometimes
higher
and
lower
in
esteem
as
men
please
;
which
could
not
be
,
if
its
value
were
natural
which
is
unalterable
.
If
I
have
Cloath
at
such
a
price
,
and
you
have
Wines
at
the
same
price
,
then
we
regarding
the
same
price
may
make
an
equal
Permutation
:
Or
if
I
give
to
you
so
many
pieces
of
Gold
for
your
Cloath
at
the
same
price
,
the
Sale
is
equal
again
,
whether
it
be
an
incovenience
that
in
some
Countries
[
](A51124-e72090-b)†
†
Poland
and
generally
in
most
of
those
Northern
Countries
.
is
sometimes
at
a
higheer
value
than
at
another
,
is
not
a
consideration
of
this
Discourse
;
for
the
price
of
things
themselves
change
more
than
any
Money
doth
daily
.
VI.
Money
is
an
invention
onely
for
the
more
expedite
Permutation
of
things
;
but
it
doth
not
follow
that
men
may
'
not
make
any
Permutations
but
by
Money
,
even
as
well
now
as
if
we
were
in
our
natural
state
;
if
they
who
digg
now
in
waste
Hills
had
their
Harvest
of
their
Beans
well
gathered
in
,
but
had
need
of
Wine
for
the
Stomachs
sake
,
or
of
Druggs
for
healths
sake
,
if
the
Vintner
,
or
Apothecary
have
no
need
of
Beans
;
what
use
will
they
make
of
the
natuaal
value
of
their
Beans
without
Money
?
Or
if
need
be
,
what
would
they
do
till
their
Beans
are
gathered
?
Money
therefore
hinders
not
Permutation
and
Commerce
of
natural
things
,
but
assists
them
;
nay
,
it
is
therefore
an
Instrument
of
Instruments
:
for
he
who
hath
Money
may
buy
things
which
he
need
not
use
but
sell
,
thereby
to
get
other
things
afterwards
for
his
use
.
There
is
no
Nation
or
People
so
barbarous
,
but
have
Money
or
a
publique
Instrument
of
Permutation
either
in
Metals
or
Fish-bones
,
&c.
for
it
imports
not
so
much
of
what
matter
it
is
,
provided
it
be
durable
,
not
counterfeitable
,
and
difficult
to
come
by
.
VII
.
Take
away
this
fungible
Instrument
from
the
service
of
our
necessities
,
and
how
shall
we
exercise
our
Charity
,
which
is
a
branch
of
Religion
and
Justice
,
as
well
as
of
humanity
?
He
who
goes
to
Church
passeth
as
it
were
thorough
two
Temples
,
the
Poor
at
the
Porch
,
and
the
Temple
it self
:
and
the
giving
at
the
Porch
is
called
Sacrifice
,
Offering
and
Gift
,
as
well
as
that
at
the
Altar
.
God
would
be
sacrificed
to
onely
in
one
Town
of
the
World
,
Jerusalem
:
But
could
that
Vide
Chap.
of
Exchange
,
§.
1.
have
been
,
if
Money
and
Money-changers
had
not
been
allowed
?
How
could
they
who
came
from
such
remote
places
have
by
any
other
means
brought
their
Oxen
,
Calves
,
Goats
and
Doves
to
the
Altar
?
If
there
were
nothing
further
to
shew
,
but
that
one
piece
,
which
our
Saviour
himself
coyned
miraculously
in
the
mouth
of
a
Fish
,
it
were
Argument
sufficient
that
the
use
of
Money
may
be
both
good
,
just
,
and
necessary
.
VIII
.
Things
being
thus
stated
,
and
that
Money
is
both
good
,
just
and
necessary
,
it
will
be
demanded
loudly
,
That
admitting
a
reasonable
advantage
may
be
made
by
way
of
Usury
,
quo
jure
it
is
that
an
advantage
upon
the
same
more
than
what
the
Law
allowes
,
is
taken
?
The
distinction
is
great
between
Moneys
lent
to
be
Leg.
3.
D.
de
Naut
.
faen
.
l.
1.
eod.
l.
62.
D.
de
rei
Vindic.
Locinius
,
lib.
2.
Cap.
4.
§.
2.
used
in
Commerce
at
Land
,
and
that
which
is
advanced
to
Sea
.
In
the
first
,
the
Lawes
of
the
Realm
have
set
marks
to
govern
the
same
,
whereby
the
Avaritious
mind
is
limited
to
a
reasonable
profit
;
The
reason
of
that
is
,
because
the
Lender
runs
none
,
but
the
borrower
all
the
hazard
whatever
that
money
brings
forth
.
But
money
lent
to
Sea
,
or
that
which
is
called
pecunia
[
](A51124-e72290-b)†
†
Leg.
Faen
.
Naut
.
leg
.
periculi
●…od
.
trajectitia
,
there
the
same
is
advanced
on
the
hazard
of
the
Lender
,
to
carry
(
as
is
supposed
)
over
Sea
,
so
that
if
the
Ship
perishes
,
or
a
spoliation
of
all
happens
,
the
Lender
shares
in
the
loss
without
any
hopes
of
ever
receiving
his
Moneys
;
and
therefore
is
called
sometimes
usura
Maritima
,
as
well
as
Faenus
Nauticum
;
the
advantage
accrewing
to
the
Owners
from
their
Money
,
arising
not
from
the
loan
,
but
from
the
hazard
,
which
the
Lender
runs
;
the
which
is
commonly
reduced
to
a
time
certain
,
or
one
or
more
Voyages
,
according
to
their
several
and
respective
agreements
.
IX
.
If
the
Bonds
be
sealed
and
the
money
is
advanced
,
if
the
Ship
happens
to
miscarry
by
Storm
,
Fire
,
Enemy
,
or
any
otherwise
before
the
Voyage
begun
,
then
the
borrower
runs
the
Risque
,
unless
it
be
otherwise
provided
generally
,
as
that
if
such
a
Ship
shall
not
arrive
at
such
Vide
Passim
ad
leg
.
de
Faen
.
Naut
.
&
DD.
leg
.
Naval
.
Rhod.
a
place
at
such
a
time
,
&c.
there
the
Contract
hath
its
inception
from
the
sealing
;
but
if
the
Condition
be
,
That
if
such
a
Ship
shall
sayl
from
London
to
Amsterdam
,
and
shall
not
arrive
there
,
&c.
then
,
&c.
There
the
contingency
begins
not
till
the
departure
.
Yet
it
has
been
conceived
,
That
if
the
Master
takes
up
Money
accordingly
and
buyes
in
a
lawful
Lading
,
but
will
happen
to
endeavour
to
defraud
the
Prince
or
State
of
their
Customes
,
and
puts
such
Goods
aboard
by
means
whereof
Vide
leg
.
3.
C.
de
Faen
.
Naut
.
he
has
incurred
a
forfeiture
of
his
Ship
;
in
such
case
the
Lender
is
not
obliged
to
such
Hazard
.
X.
If
money
be
lent
on
Shipboard
by
a
Merchant
super
Cargoe
or
a
passenger
,
and
before
the
day
of
payment
the
Ship
happens
to
be
wreckt
or
cast
away
;
if
there
be
such
a
Saver
as
will
admit
a
Contribution
,
then
the
party
is
not
to
have
his
whole
money
,
but
is
to
come
into
the
Averldge
:
but
if
the
time
of
payment
were
Leg.
Naval
.
Art.
17.
past
before
the
misfortune
happened
,
then
the
Lender
must
be
repaid
his
whole
Money
free
from
Contribution
.
And
therefore
by
the
Laws
Maritime
,
if
the
borrower
detains
any
such
lent
Moneys
beyond
the
term
appointed
for
the
repaying
,
he
shall
at
his
return
not
only
pay
the
profit
agreed
on
before
the
Voyage
,
but
also
augment
the
same
according
to
the
time
that
hath
Art.
18.
accrued
since
the
day
of
payment
.
XI
.
A
Master
of
a
Ship
hath
no
power
to
take
up
Money
by
Bottomreie
,
in
places
where
his
Owner
or
Owners
dwell
,
unless
it
were
for
so
much
only
as
his
part
cometh
unto
in
the
said
Ship
:
otherwise
he
[
](A51124-e72490-b)*
*
Testatur
Vinius
in
Peckium
ad
.
I.
L.
Nautic
.
quem
vide
pag.
95.
and
his
Estate
must
stand
liable
to
answer
the
same
.
But
when
a
Master
is
out
of
the
Countrey
,
and
where
he
hath
no
Owners
,
nor
any
Goods
of
theirs
nor
of
his
Leg.
Oleron
,
Cap.
1.
Leg.
4.
D.
de
Naut
.
faen
.
l.
1.
C.
eod.
leg
.
qui
Romae
§.
Callimachus
de
verb.
obl.
&
ibi
Gothfr
.
&
alios
.
own
,
and
cannot
find
means
to
take
up
by
Exchange
or
otherwise
,
and
that
for
want
of
money
the
Voyage
might
be
retarded
or
overthrown
,
Moneys
may
be
taken
up
upon
Bottomerie
,
and
all
the
Owners
are
liable
thereunto
;
otherwise
he
shall
bear
the
loss
,
that
is
,
the
Owners
are
liable
by
their
Vessel
,
though
the
money
is
not
so
employed
in
truth
;
and
the
Owners
have
their
remedy
against
him
who
they
put
in
trust
:
but
the
persons
of
the
Owners
are
no
wayes
made
lyable
by
the
act
of
the
Master
for
moneys
taken
up
.
Scarborrough
and
Lyrius
,
Pasch.
3
Car.
in
B.
R.
Rott.
213.
Noy
95.
If
Owners
agree
not
in
setting
out
the
Ship
,
most
voices
shall
carry
it
,
and
then
money
may
be
taken
up
for
their
part
by
Bottomerie
,
or
Faenus
Nauticum
,
or
by
Hypothicating
such
a
proportion
of
the
Ship
.
Many
Masters
of
Ships
having
Ensured
or
taken
up
Moneys
upon
Bottomerie
to
greater
Sums
of
Money
than
the
value
of
their
Adventure
,
do
wilfully
cast
away
,
16
Car.
cap.
6.
A
good
Law
,
and
ought
to
be
encouraged
;
It
's
pity
it
was
not
continued
.
burn
or
otherwise
destroy
the
Ships
under
their
charge
,
the
same
was
made
Felony
,
and
the
person
or
person
so
wilfully
doing
or
procuring
the
same
to
be
done
,
were
to
suffer
death
.
XII
.
The
signification
of
this
Faenus
Nauticum
,
is
by
the
Dutch
called
Bomerie
,
Bodmerie
,
Bodemerie
,
Boddemerij
;
so
variously
pronounced
from
the
Keel
[
](A51124-e72730-b)*
*
Joh.
Locinij
,
l.
2.
Cap.
4.
§.
1.
Latches
Rep.
fo.
252.
Scarborongh
'
s
case
.
or
bottom
of
the
Ship
upon
the
parallel
,
whereof
the
Rudder
of
a
Ship
doth
Govern
and
direct
the
same
,
parte
pro
toto
sumpta
,
ita
primum
appellata
,
cum
etiam
Lingua
Gallorum
antiqua
&
Britanica
Bodo
vel
Bodun
fundum
aut
profundum
signet
[
](A51124-e72770-b)†
†
Teste
Camdeno
in
Britannia
,
p.
m.
149.
in
quem
navis
fundum
,
vel
ipsam
navem
ejusque
usum
mutuo
accepta
est
pecunia
,
sed
postea
latius
pro
faenore
nautico
etiam
usurpari
caepit
.
And
the
Money
so
taken
up
by
the
Master
is
done
upon
great
extremity
,
and
that
for
the
compleating
of
the
Voyage
Locinius
lib.
2.
Cap.
4.
§.
1.
when
they
are
in
distress
and
want
in
some
Forreign
parts
;
and
indeed
such
taking
up
is
indeed
in
the
nature
of
Mortgaging
the
Ship
,
for
le
Neife
oblige
al
payment
de
ceo
,
&c.
And
in
the
Instrument
there
is
a
Clause
that
expresses
that
the
Ship
is
engaged
for
the
performance
of
the
same
.
Moneys
that
are
advanced
are
upon
two
Securities
,
the
one
is
on
the
bare
Ship
,
the
other
upon
the
person
of
the
Borrower
,
sometimes
upon
both
:
The
first
is
where
a
man
takes
up
Moneys
and
obliges
himself
,
that
if
such
a
Ship
shall
arrive
at
such
a
Port
,
then
to
repay
(
perhaps
)
double
the
sum
lent
;
but
if
the
Ship
happens
to
miscarry
,
then
nothing
.
XIII
.
So
likewise
some
will
take
up
Moneys
,
the
condition
reciting
,
Whereas
there
is
such
a
Ship
,
naming
her
,
bound
to
Amsterdam
,
whereas
such
a
man
is
Master
,
(
whereas
indeed
there
is
no
such
Ship
or
Master
in
nature
)
that
if
that
Ship
shall
not
arrive
at
such
a
place
within
12
months
,
the
money
agreed
on
to
be
paid
shall
be
paid
;
but
if
the
Ship
shall
arrive
,
then
nothing
.
The
first
of
these
is
honourable
and
just
according
to
the
laudable
practice
among
Maritime
persons
;
and
though
the
advantage
runs
high
,
as
20
,
30
,
nay
sometimes
40
per
Cent.
without
consideration
of
time
;
for
the
Moneyes
are
to
be
paid
within
so
many
dayes
after
Toto
lit
.
Dig.
&
Cod.
de
Naut
.
faen
.
&
Doctorum
sic
hardus
in
tit
.
Cod.
de
Naut
.
faen
.
n.
4.
the
Ships
safe
arrival
;
yet
in
regard
the
Adventure
is
born
by
the
Lender
,
(
for
if
the
Ship
perishes
,
the
advancer
loses
)
the
Lawes
and
Practice
of
all
Maritime
Countries
allow
of
the
same
.
And
therefore
by
the
Common
Law
,
if
an
Action
of
Debt
be
brought
on
such
an
Instrument
,
the
Defendant
cannot
plead
the
Statute
Trajectitia
pecunia
propter
periculum
creditoris
quamdiu
navigat
navis
,
infinit
as
usur
as
capere
potest
;
upon
which
Law
it
was
observed
by
Anianus
,
Quia
Maris
periculo
committitur
quant
as
convenerit
usur
as
hanc
pecuniam
dare
Creditor
potest
.
of
Usury
.
And
so
it
was
adjudged
where
one
Sharpley
had
brought
an
Action
of
Debt
on
a
Bond
for
Moneys
taken
up
upon
Bottomery
;
The
Defendant
pleads
the
Statute
of
Usury
,
and
shewed
,
that
a
certain
Ship
called
the
made
a
Voyage
to
Fish
in
New-found
Land
(
which
Journey
might
be
performed
in
eight
months
)
and
the
Plaintiff
delivered
50
l.
to
the
Defendant
to
pay
60
l.
at
the
return
of
the
Ship
to
D
,
and
if
the
said
Ship
by
Leakage
or
Tempest
should
not
return
from
Newfound-Land
to
D
,
then
the
Defendent
should
pay
the
principal
money
;
and
if
the
Ship
never
returned
,
then
nothing
to
be
paid
.
Upon
[
](A51124-e72980-b)*
*
Trin.
6
Jac.
in
B.
R.
2.
Cro.
258.
Sharpley
versus
Harroll
.
Demurrer
it
was
adjudged
the
same
was
not
Usury
:
for
if
the
Ship
had
stayed
at
Newfound-Land
2.
or
3.
years
,
yet
at
her
return
but
60
l.
was
to
be
paid
,
and
if
she
never
returned
,
then
nothing
.
Verum
enim
vero
hie
propriè
non
versari
damnatum
foenus
sed
compensationem
aliquam
periculi
,
quod
creditor
contra
naturam
mutui
in
se
recepit
patrim
.
Johannes
Locinius
,
li●…
.
2.
Cap.
4.
§.
1.
&
2.
The
other
advance
which
is
upon
a
fictitious
supposition
of
a
Ship
and
Master
,
where
indeed
there
is
no
such
in
Nature
,
is
more
unconscionable
,
the
same
being
the
common
practice
that
's
used
amongst
the
Italians
,
and
now
on
this
side
the
Water
:
The
same
is
as
to
internal
Right
unjust
,
and
cannot
now
be
determined
,
since
it
was
not
long
since
adjudged
[
](A51124-e73060-b)*
*
C.
B.
Hill.
22
,
23
Car.
2.
that
such
Contract
was
good
,
according
to
the
Common
Law
of
this
Realm
,
and
that
on
a
Special
Verdict
.
XIV
.
Most
certain
it
is
,
that
the
greater
the
danger
is
,
if
there
be
a
real
adventure
,
the
greater
may
the
profit
be
of
the
Moneys
advanced
:
*
And
so
hath
the
Vide
Carolus
Molinaeus
de
usur
.
q.
3.
n.
92.
ait
,
hoc
approbant
.
omnes
Theologi
ut
Creditor
possit
aliquid
accipere
ultra
fortem
pro
susceptione
periculi
.
But
surely
that
must
be
upon
a
real
venture
.
same
been
the
Opinion
of
Civilians
,
and
likewise
some
Divines
;
though
some
seem
to
be
of
opinion
,
That
any
profit
or
advantage
ought
to
be
made
of
Moneys
so
lent
,
no
more
than
of
those
that
are
advanced
on
simple
loan
,
and
on
the
peril
of
the
borrower
.
However
,
all
or
most
of
the
Trading
Nations
of
Christendome
do
at
this
day
allow
of
the
same
,
as
a
matter
most
reasonable
,
by
reason
of
the
contingency
or
hazard
that
the
Lender
runs
;
and
therefore
such
Moneys
may
be
advanced
several
wayes
,
and
a
profit
may
arise
so
that
there
runs
a
peril
on
the
Lender
.
Cl.
Salmasius
,
cap.
9.
de
modo
usur
.
fo.
380.
188.
218.
Trajectitia
pecunia
propter
periculum
creditoris
,
quamdiu
navigat
navis
,
infinit
as
usur
as
capere
potest
.
Upon
which
place
Anianus
observes
,
Quia
maris
periculo
committitur
in
quantas
convenerit
usur
as
hanc
pecuniam
dare
Creditor
potest
.
Vide
Novel
.
Const.
106.
110.
There
is
likewise
a
second
way
of
advancing
of
Moneys
called
Usura
Maritima
,
joyning
the
advanced
moneys
and
the
danger
of
the
Sea
together
;
And
this
is
obliging
sometimes
upon
the
Borrower's
Ship
,
Goods
and
Person
:
The
produce
of
which
by
agreement
will
advance
sometimes
20
,
30
,
and
sometimes
40.
per
Cent.
As
for
Instance
,
A
private
Gentleman
has
1000
l.
ready
money
lying
by
him
,
and
he
has
notice
of
an
Ingenious
Merchant
that
has
good
Credit
beyond
Seas
,
and
understands
his
business
fully
,
applyes
himself
to
him
,
and
offers
him
1000
l.
to
be
laid
out
in
such
Commodities
as
the
Merchant
shall
think
convenient
for
that
Port
or
Countrey
the
Borrower
designs
for
,
and
that
he
will
bear
the
adventure
of
that
Money
during
all
that
Voyage
;
(
which
he
knowes
may
be
accomplished
within
a
year
)
hereupon
the
Contract
is
agreed
upon
,
6
per
Cent
,
is
accounted
for
the
Interest
,
and
12
per
Cent.
for
usura
legitima
ejus
qui
trajectitiam
pecuniam
trans
mare
vehendam
saeneratur
,
id
est
cum
periculo
suo
,
centesima
est
.
the
Adventure
outwards
,
and
12
per
Cent.
for
the
goods
homeward
;
so
that
upon
the
return
the
Lender
receives
30
per
Cent.
which
amounts
to
1300
l.
The
Lender
in
this
case
hath
a
good
bargain
,
no
question
.
Now
let
us
see
what
advantage
the
Borrower
hath
.
1.
The
Borrower
prevents
the
taking
up
the
like
Sum
at
Interest
which
comes
to
6.
per
Cent
,
and
Brocage
which
comes
now
in
this
Age
thorough
the
generosity
of
the
Merchant
,
and
Covetousness
of
the
Serivener
,
at
1.
or
2.
per
Cent.
more
;
and
then
the
same
is
let
out
but
for
6.
months
,
and
then
the
Scrivener
inevitably
at
the
6.
months
end
sends
his
Note
,
that
his
Friend
expects
his
Moneys
to
be
yaid
in
;
so
that
to
stop
that
gapp
there
must
be
Continuation
,
which
is
at
least
one
per
Cent.
more
,
besides
the
obliging
of
Friends
in
Securities
.
2.
The
Assurance
prevented
,
which
perhaps
may
come
to
between
5
and
20
per
Cent.
according
as
the
Times
are
;
and
common
prudence
will
never
suffer
a
Merchant
to
venture
2.
parts
of
3.
parts
of
his
Estate
in
one
Bottome
without
assuring
.
3.
As
he
shall
not
have
occasion
to
Ensure
,
so
it
may
be
a
great
occasion
of
preventing
the
common
Obligation
of
his
Ensuring
of
others
;
the
which
in
a
generous
Merchant
in
honour
cannot
be
denyed
,
the
Premeo
running
pretty
reasonable
.
4.
It
prevents
the
parties
running
the
Risque
and
danger
of
the
Seas
,
Enemies
,
or
any
other
fatal
loss
,
and
hath
been
a
means
to
introduce
a
mans
credit
in
a
short
time
at
lesser
charge
,
if
not
to
put
him
in
in
a
Condition
not
to
be
beholding
to
such
a
fair
,
though
chargeable
means
.
And
this
cannot
be
Usury
by
the
Lawes
of
this
Realm
,
for
the
Risque
and
Danger
that
the
Lender
runs
.
VI.
There
is
also
another
way
,
but
that
is
both
Honest
and
Honourable
,
called
Usufruite
,
that
is
a
Stock
in
a
Company
or
Society
which
is
perpetual
;
In
the
East-India
,
and
in
some
other
Companies
.
such
a
Stock
or
Portion
may
be
purchas'd
,
that
is
,
the
advantage
or
benefit
arising
by
the
improvement
of
the
same
.
As
for
Instance
,
The
East-India
Company
hath
a
Stock
lodged
in
their
hands
by
divers
persons
,
which
they
in
the
most
prudent'st
manner
as
they
see
fit
,
imploy
to
those
places
as
they
judge
most
proper
;
if
a
return
is
made
,
the
advantage
of
that
is
distributed
●…o
each
person
that
is
any
way
entitled
to
that
Stock
:
which
advantage
is
called
a
Divident
,
and
perhaps
may
afford
some
years
20
or
30
per
Cent.
:
But
on
the
other
hand
;
if
that
that
proportion
of
the
Stock
which
goes
out
happens
to
miscarry
,
the
abatement
is
proportionable
,
and
so
the
Stock
may
be
lessened
,
unless
that
they
will
stay
the
Dividents
to
keep
the
Stock
;
the
which
they
may
do
,
For
it
is
a
Trust
reposed
of
so
many
mens
Moneys
in
their
hands
,
to
yield
them
such
advantage
as
they
shall
upon
a
just
account
set
out
:
So
that
if
a
man
hath
a
Pindfold
versus
Northee
,
Pasch.
27
Car.
2.
in
B.
R.
adjudged
there
on
a
Special
Verdict
.
1000
l.
Stock
,
he
cannot
take
the
same
out
of
the
Great
Stock
whereby
to
lessen
the
same
,
but
he
may
transfer
that
usu-fruite
by
that
Customary
way
which
they
have
to
any
other
person
,
for
a
valuable
consideration
infinitum
.
Such
a
Stock
of
100
l.
in
the
East-India
Company
in
time
of
Warr
might
have
been
purchas'd
for
80
l.
Nett
;
but
now
in
time
of
Peace
scarce
got
under
170
;
or
180
l.
the
Dividents
running
high
.
CHAP.
XII
.
Of
Impositions
called
Great
Customes
,
Petty
Customes
,
and
Subsidies
.
-
I.
Impositions
,
whether
they
may
be
commanded
without
the
Three
Estates
,
and
of
Magna
Charta
touching
the
same
.
-
II.
Of
Impositions
made
voluntary
by
consent
of
Merchants
,
and
of
the
adnull
of
the
same
.
-
III.
Of
the
Confirmation
of
the
Great
Charter
for
free
Traffique
;
and
of
the
Settlement
now
made
on
his
Majesty
of
the
same
.
-
IV.
Of
the
Immunities
formerly
of
the
Hansiatique
Towns
here
in
England
,
and
when
determined
.
-
V.
Of
the
Antiquity
of
Customers
or
Publicans
as
well
in
former
Ages
as
at
this
present
time
,
in
most
Nations
.
-
VI.
Of
the
Imposition
called
Magna
Custuma
.
-
VII
.
Of
that
which
is
called
Parva
Custuma
payable
by
strangers
,
and
the
Act
called
commonly
Carta
Mercatoria
.
-
VIII
.
Of
Subsidy
,
and
of
what
,
and
the
Rates
how
set
.
-
IX
.
Of
Subsidy
by
Strangers
on
wines
.
-
X.
Of
Goods
not
rated
how
to
pay
.
-
XI
.
Of
the
Subsidy-Duty
for
Cloaths
.
I.
THat
Impositions
neither
in
the
time
of
Warr
or
other
the
greatest
necessity
or
occasion
that
may
be
,
(
much
less
in
the
time
of
Peace
)
neither
upon
Forraign
nor
Inland
Commodities
of
what
nature
soever
,
be
they
never
so
superfluous
or
unnecessary
,
neither
upon
Merchants
Strangers
nor
Denizens
may
be
laid
by
the
King
's
absolute
Power
without
Assent
of
Parliament
,
be
it
never
so
short
a
time
.
By
the
Statute
of
Magna
Charta
,
Cap.
30.
the
words
are
,
All
Merchants
if
they
were
not
openly
prohibited
before
shall
have
their
safe
and
sure
Conducts
,
to
enter
and
depart
,
to
go
and
tarry
in
the
Realm
,
as
well
by
Land
as
by
Water
,
to
buy
and
sell
without
any
Evil
Tolls
,
by
the
Old
and
Rightful
Customes
(
except
in
the
time
of
Warr
)
;
and
if
they
be
of
the
Land
making
Warr
against
Us
,
and
be
found
in
Our
Realm
at
the
beginning
of
the
Warr
,
they
shall
be
attached
without
harm
of
Body
or
Goods
,
untill
it
be
known
to
Us
or
Our
Justices
how
our
Merchants
be
intreated
there
in
the
Land
making
Warr
against
Us.
The
Statute
of
which
this
is
a
branch
,
is
the
most
ancient'st
Statute
Law
we
have
,
won
and
sealed
with
the
Blood
of
our
Ancestors
,
and
so
reverenced
in
former
times
,
that
it
hath
been
29
times
solemnly
confirmed
in
Parliament
.
II.
Impositions
were
in
some
sort
done
Consensu
Mercatorium
,
by
Edward
the
First
,
and
Edward
the
Third
:
And
again
in
Henry
the
Eighth
,
of
which
the
House
of
Rott
.
Almaign
.
3
Ed.
3.
Rott
.
Rott
.
Claus.
29
Ed.
1.
Extract
Bruxelles
:
Burgundy
complained
,
as
against
the
Treaty
of
Entercourse
.
King
Henry
the
Third
finding
that
such
a
Modus
of
Imposition
tended
to
the
destruction
of
Trade
,
and
apparent
overthrow
of
Commerce
,
and
was
against
the
Great
Charter
,
made
Proclamation
Anno
16.
in
all
Ports
of
England
,
That
all
Merchants
might
come
faciendo
rectas
&
debitas
consuetudines
nec
sibi
timeant
de
malis
tollis
,
Dors.
claus.
an.
16
Hen.
3.
n.
20
:
for
that
such
Impositions
had
no
better
name
then
Maletolts
.
The
like
was
declared
and
done
by
Edward
the
First
in
the
25th
year
of
his
Reign
,
and
Edward
the
Second
,
in
Rott
.
Claus
:
11
Ed.
2.
the
11th
and
12th
years
of
his
Reign
.
III.
In
2
Ed.
3.
the
Great
Charter
for
Free
Traffique
was
Confirmed
;
and
about
some
3.
years
after
there
were
Commissions
granted
for
the
raising
of
a
new
kind
of
Tallage
,
but
the
people
complained
;
whereupon
the
Commissions
were
repealed
,
and
he
promised
12
Ed.
3.
Memb.
22.
indors
.
Rott
.
Almaigne
.
never
to
assess
any
but
as
in
the
time
of
his
Ancestors
.
But
this
Prerogative
Power
of
Imposing
inward
and
outward
upon
Commodities
over
and
above
the
ancient
Custome
of
Subsidy
without
a
free
consent
in
Parliament
,
is
now
ceast
and
settled
;
And
that
Question
which
for
many
Ages
had
been
handled
by
the
most
Learned'st
of
their
times
,
in
the
asserting
and
in
the
denying
,
will
never
more
be
remembred
:
Which
being
The
Parliament
having
justly
,
honourably
and
voluntarily
humbly
presented
such
and
many
more
who
are
established
on
his
Majestie
according
to
their
several
limitations
.
managed
for
some
time
was
afterward
farmed
out
:
The
like
having
been
done
by
former
Kings
,
as
did
Edward
the
Third
with
the
New
and
Old
Customes
of
London
for
1000
Marks
monthly
to
be
paid
unto
the
Wardrope
.
Claus.
Anno
5
Ed
,
3.
Richard
the
Second
,
Anno
20.
Farmed
out
the
Subsidy
Original
.
17
Ed.
3.
Rott.
2.
of
Cloth
in
divers
Counties
.
So
Edward
the
4th
,
Henry
the
8th
,
Queen
Elizabeth
,
and
King
James
;
the
same
having
been
used
in
former
Ages
even
in
the
best
govern'd
State
,
Rome
,
Vide
the
great
Case
in
Mich.
4
Jac.
in
the
Exchequer
versus
Bates
.
Lane
Rep.
fo.
22.
which
let
out
Portions
and
Decim's
to
the
Publicans
.
IV.
The
Old
Hanse
Towng
,
viz.
Lubeck
,
Collen
,
Brunswick
,
Dantzick
and
the
rest
,
had
extraordinary
Immunities
granted
unto
them
by
our
Third
Henry
,
for
their
great
assistance
and
furnishing
him
in
his
Warrs
and
Naval
Expeditions
with
so
many
Ships
;
and
as
they
pretended
the
King
was
not
onely
to
pay
them
for
the
Service
of
their
Ships
,
but
for
the
Vessels
themselves
in
case
they
miscarried
:
The
King
having
concluded
a
Peace
,
and
they
being
on
their
return
home
for
Germany
,
the
most
considerable
part
of
their
Fleet
miscarried
by
Storm
and
stress
of
weather
;
for
which
according
to
Covenant
they
demanded
reparation
:
The
good
King
in
lieu
of
that
which
he
wanted
,
Money
,
granted
them
divers
Immunities
;
and
amongst
others
,
they
were
to
pay
but
1.
per
Cent.
Custome
,
which
continued
till
Queen
Mary's
time
,
and
by
the
Advice
of
King
Philip
she
enhanced
the
1.
to
20
per
Cent
:
The
Hans
not
only
complained
,
but
clamoured
aloud
for
breach
of
their
Ancient
Priviledges
confirmed
unto
them
by
long
Prescription
from
13
successive
Kings
of
England
,
and
the
which
they
pretended
to
have
purchased
with
their
Money
:
King
Philip
undertook
to
accommodate
the
business
,
but
Queen
Mary
dying
,
and
he
retiring
,
nothing
was
effected
.
Complaints
being
afterwards
made
to
Queen
Elizabeth
,
she
answer'd
,
That
as
she
would
not
innovate
any
thing
,
so
she
would
protect
them
still
in
the
Immunities
and
Condition
she
found
them
.
Hereupon
their
Navigation
and
Traffique
was
suspended
a
while
,
which
proved
very
advantageous
to
the
English
,
for
they
tryed
what
they
could
do
themselves
herein
,
their
adventures
and
returns
proving
successful
,
they
took
the
whole
Trade
into
their
own
hands
,
and
so
divided
themselves
to
Stapters
and
Merchant-adventurers
;
the
one
residing
constant
at
one
place
,
the
other
keeping
their
course
and
adventuring
to
other
Towns
and
States
abroad
with
Cloth
and
other
Manufactures
:
This
so
nettled
the
Hans
,
that
they
devised
all
the
wayes
that
a
discontented
people
could
to
draw
upon
our
new
Staplers
or
Adventurers
the
ill
opinion
of
othhr
Nations
and
States
:
but
that
proving
but
of
too
small
a
force
to
stop
the
Current
of
so
strong
a
Trade
as
they
had
got
footing
into
,
they
resorted
to
some
other
;
whereupon
they
applyed
themselves
to
the
Emperour
,
as
being
a
Body
incorporated
to
the
Empire
;
and
upon
complaint
obtained
Ambassadors
to
the
Queen
to
mediate
the.
business
:
but
they
returned
still
re
infecta
:
Hereupon
the
Queen
caused
a
Proclamation
to
be
published
,
That
the
Merchants
of
the
Hans
should
be
intreated
,
and
used
as
all
other
Strangers
within
her
Dominions
in
point
of
Commerce
,
without
any
mark
of
distinction
.
This
enflamed
the
more
,
thereupon
they
bent
their
Forces
more
eagerly
,
and
in
an
Imperial
Dyet
at
Ratsbone
they
procured
that
the
English
Merchants
who
had
associated
themselves
in
Corporations
both
in
Embden
and
other
places
should
be
adjudged
Monopolists
;
whereupon
there
was
a
Comitial
Edict
procured
against
them
that
they
should
be
exterminated
,
and
banished
out
of
all
parts
of
the
Empire
;
which
was
done
by
Suderman
a
great
Civilian
.
There
was
there
at
that
time
for
the
Queen
as
nimble
a
man
as
Suderman
,
and
he
had
the
Chancellor
of
Embden
to
second
him
,
yet
they
could
not
stop
the
Edict
,
whereby
our
new
erected
Society
of
Adventurers
were
pronounced
a
Monopoly
:
Yet
Gilpin
played
his
Cards
so
well
,
that
he
prevailed
the
Imperial
Ban
should
not
be
published
till
after
the
Dyet
;
and
that
in
the
interim
his
Imperial
Majesty
should
send
an
Ambassador
to
England
to
advertise
the
Queen
of
such
proceedings
against
her
Merchants
.
But
this
made
so
little
impression
on
the
Queen
,
that
the
●…an
grew
rather
rediculous
than
formidable
,
for
the
Town
of
Embden
harboured
our
Merchants
notwithstanding
,
and
afterwards
the
Town
of
Stode
;
but
the
Hansatiques
pursuing
their
revenge
,
and
they
being
not
so
able
to
protect
them
against
the
Imperial
Ban
,
removed
and
setled
themselves
in
Hamburgh
.
This
Politique
Princess
in
recompence
of
their
revenge
commanded
another
Proclamation
to
be
published
,
That
the
Hansatique
Merchants
should
be
allowed
to
Trade
into
England
upon
the
same
Conditions
as
they
formerly
did
,
Provided
the
English
Merchants
might
have
the
same
Priviledges
to
reside
and
Trade
peaceably
in
Stode
or
Hamburgh
;
or
any
where
else
within
the
Precincts
of
the
Hans
.
This
so
incensed
and
nettled
them
,
That
all
endeavours
were
made
to
cut
off
Stode
and
Hamburgh
from
being
Members
of
the
Hans
,
or
of
the
Empire
:
But
the
Design
was
suspended
till
they
saw
the
Success
of
88
,
King
Philip
having
promised
to
do
them
some
good
Offices
in
the
Concern
.
But
the
Queen
finding
that
the
Hans
were
not
contented
with
that
Equality
she
had
offered
to
make
betwixt
them
and
her
own
Subjects
,
but
were
using
such
extraordinary
means
;
put
forth
another
Proclamation
,
That
they
should
transport
neither
Corn
,
Victuals
,
Arms
,
Timber
,
Masts
,
Cables
,
Metals
,
or
any
other
Materials
or
Men
to
Spain
,
or
Portugal
.
And
not
long
after
the
Queen
growing
more
redoubled
and
Famous
by
the
Overthrow
of
King
Philip's
Invincible
Armada
,
(
as
the
Pope
christned
it
)
the
Hans
began
to
despair
of
doing
any
good
,
especially
they
having
about
some
60
Sayl
of
their
Ships
taken
about
the
River
Lisbon
by
her
Majesties
Frigats
,
that
were
laden
with
Ropas
de
contrabanda
.
She
notwithstanding
had
thoughts
of
discharging
this
Fleet
by
endeavouring
a
reconcilement
of
the
differences
:
but
she
having
intelligence
of
an
Extraordinary
Assembly
at
Lubeck
which
had
purposely
met
to
consult
of
means
to
be
revenged
of
her
,
she
thereupon
made
absolute
prize
of
those
60
Sayl
,
onely
two
were
freed
to
carry
home
the
sad
Tydings
of
their
Brethrens
misfortune
.
Hereupon
the
Pole
sent
a
ranting
Embassador
in
the
behalf
of
the
Hans
,
who
spake
the
Injuries
done
to
the
Hans
in
a
high
tone
.
But
the
Queen
her self
suddainly
answered
him
in
a
higher
,
with
a
satisfaction
no
greater
than
what
she
had
done
to
others
of
the
like
quality
before
.
This
fortunate
Clashing
for
the
19.
per
Cent.
on
the
Customes
,
has
proved
ever
since
advantageous
for
England
,
our
Merchants
have
ever
since
beaten
a
peaceful
and
an
uninterrupted
Trade
into
High
and
Low
Germany
;
and
by
their
constant
Trade
in
those
Parts
have
found
a
way
thorough
the
White
Sea
to
Arch-Angel
and
Mosco
.
The
return
of
all
which
hath
since
vastly
encreased
the
Riches
and
Strength
of
this
Nation
.
V.
After
the
Jewes
became
Tributary
to
Rome
,
Joseph
.
locutus
de
Pompeio
,
lib.
1.
de
Bello
Jud.
cap.
5.
pag.
720.
(
which
was
acquir'd
by
Pompey
Threescore
years
before
the
Birth
of
our
Saviour
)
certain
Officers
or
Commissioners
were
appointed
by
the
Romans
in
all
those
places
where
their
Victorious
Standards
had
claymed
a
Conquest
,
who
used
to
appoint
such
Officers
or
Commissioners
to
Collect
and
gather
up
such
Custome-money
or
Tribute
as
was
exacted
by
the
Senate
.
Those
that
gathered
up
these
Publique
payments
were
termed
Publicani
Publicanes
,
and
by
reason
of
their
Cruel
Sigon
.
de
Antiq.
Jure
Civum
Rom.
lib.
2.
Cap.
4.
and
Oppressive
Exaction
,
they
became
hateful
in
all
Nations
.
Every
Province
had
his
several
Society
or
Company
of
Publicans
;
Every
Society
his
distinct
Governour
:
in
which
respect
it
is
that
Zaccheus
is
called
by
the
Evangelists
,
Princeps
Publicanorum
,
the
chief
Receiver
Luke
13.
2.
of
the
Tribute
,
or
chief
Publican
:
And
all
the
Provincial
Governours
in
these
several
Societies
had
one
chief
Master
or
Superintendant
residing
at
Rome
,
unto
whom
the
other
subordinate
Governours
gave
up
their
Accounts
.
These
Publicans
were
hated
of
all
the
Roman
Provinces
,
but
especially
of
the
Jewes
,
because
though
it
was
chiefly
maintained
by
the
Galileans
,
yet
it
was
generally
inclined
unto
by
the
Jewes
,
That
Tribute
Is.
Causabon
,
Exercit.
3.
37.
ought
not
to
be
paid
by
them
.
This
Hatred
is
confirmed
by
the
Rabinical
Proverb
,
Take
not
a
Wife
out
of
that
Family
wherein
there
is
a
Publican
,
for
such
are
all
Publicans
.
Yea
,
a
Faithful
Publican
was
so
rare
at
Rome
it self
,
that
one
Sabinus
for
his
honest
managing
of
that
Office
,
in
an
Honourable
remembrance
thereof
had
certain
Images
with
this
Inscription
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
For
the
Faithful
Publican
.
No
marvel
that
in
Holy
Writ
Publicans
and
Sinners
go
hand
Suton
.
in
Flav.
Vesp.
c.
1.
in
hand
.
But
now
the
World
has
been
so
long
used
to
them
,
that
in
all
or
most
Nations
the
particular
Princes
or
States
chuse
out
the
most
Sagest
and
Prudent'st
men
for
that
Imployment
:
And
certainly
the
Customes
of
this
Realm
never
did
return
to
that
great
and
clear
Account
as
they
have
done
under
the
Care
and
Prudent
management
of
the
present
Commissioners
:
And
were
Tertullian
alive
,
he
would
have
Recanted
that
Tertullian
(
Printed
1609.
)
de
pudi●…
.
Cap.
9.
Opinion
of
his
,
That
none
would
be
a
Publican
but
a
Heathen
.
VI.
Customes
are
Duties
certain
and
perpetual
payable
to
the
King
as
the
Inheritance
of
his
Crown
,
for
Merchandizes
transported
from
and
beyond
the
Seas
from
one
Realm
to
another
.
Magna
Custuma
&
antiqua
is
payable
out
of
Native
Commodities
,
scilicet
,
Wooll
,
Woollfels
and
Hides
,
and
that
is
certain
imposed
.
And
this
Custome
which
is
called
Magna
Custuma
,
is
due
to
the
King
of
Common
Right
for
Four
Causes
:
1.
For
leave
to
depart
the
Kingdome
,
and
to
carry
Commodities
of
the
Realm
out
of
it
.
2.
For
the
Interest
and
Dominion
which
the
King
hath
in
the
Sea
,
and
the
Arms
thereof
.
3.
Because
the
King
is
the
Guardian
of
all
the
Ports
within
the
Realm
,
&
Custos
totius
Regni
.
4.
For
Whaftage
and
Protection
of
Merchants
upon
the
Seas
against
the
Enemies
of
the
Realm
and
Pyrats
.
VII
.
The
Custome
which
is
called
Parva
Custuma
,
is
a
Custome
or
Duty
payable
by
Merchants
Strangers
,
and
begun
in
the
time
of
King
Edward
the
First
,
when
they
granted
him
,
that
they
would
pay
to
him
1
Eliz.
Dyer
165.
and
his
Heirs
3
d.
in
the
pound
for
all
Merchandizes
Exported
and
Imported
by
them
,
&c.
And
that
the
Charter
was
and
may
be
of
great
Use
,
I
have
here
inserted
the
same
,
as
it
was
Faithfully
Transcribed
out
of
the
Roll
in
the
Tower
.
For
Merchant
Strangers
concerning
Liberties
granted
to
them
.
THe
KING
,
to
his
31
Ed.
1.
num
44.
intus
.
Archbishops
,
&c.
sendeth
Greeting
.
Concerning
the
good
Condition
of
all
the
Merchants
of
the
Kingdoms
,
Lands
,
and
Provinces
underwritten
:
That
is
to
say
,
Germany
,
France
,
Spain
,
Portugal
,
Navarr
,
Lombardy
,
Tuscany
,
Provence
,
Cathalonia
;
Our
Dukedoms
of
Aquitain
,
Tholous
,
Turein
,
Flanders
,
Brabant
,
and
all
other
Lands
,
and
forrein
places
,
by
what
name
soever
called
,
coming
into
Our
Kingdome
of
England
,
and
there
remaining
.
We
being
very
solicitous
,
out
of
Our
especial
Care
,
that
under
Our
Dominion
,
a
freedom
of
Tranquility
,
and
full
Security
for
the
said
Merchants
may
be
provided
for
the
future
,
so
as
they
may
the
more
readily
applythemselves
to
the
service
of
Us
,
and
of
Our
Kingdome
,
We
graciously
answering
their
Petitions
,
and
ordaining
more
amply
for
securing
their
Condition
in
form
following
underwritten
,
are
pleased
to
grant
to
the
said
Merchants
for
Us
and
Our
Heirs
for
ever
.
Imprimis
,
That
is
to
say
,
That
all
Merchants
of
the
said
Kingdomes
,
and
Lands
,
may
come
from
any
other
place
,
safe
and
secure
under
Our
Tuition
and
Protection
into
Our
said
Kingdome
of
England
,
and
every
where
within
Our
Dominion
,
with
their
Merchandizes
of
what
sort
soever
,
and
be
unmolested
,
and
quiet
concerning
[
](A51124-e75720-b)a
a
Repairing
publick
Walls
.
Murage
,
[
](A51124-e75730-b)b
b
Bridges
.
Pontage
,
and
[
](A51124-e75740-b)c
c
Pavements
.
Pavage
,
and
that
within
Our
said
Kingdom
,
and
Dominion
,
they
may
Traffique
in
the
Cities
,
Boroughs
and
Market
Towns
,
onely
in
gross
,
as
well
with
Natives
,
or
Inhabitants
of
this
Our
Kingdom
and
Dominion
aforesaid
,
as
with
Strangers
Forrein
and
Domestick
;
But
so
,
as
their
Wares
vulgarly
called
Mercery
or
the
SPECIES
thereof
,
they
may
sell
by
retail
,
as
formerly
hath
been
accustomed
.
And
that
all
the
said
Merchants
may
carry
,
or
cause
to
be
carried
whither
they
please
,
their
Merchandize
which
they
have
brought
into
Our
said
Kingdom
,
and
Dominion
,
or
otherwise
acquired
;
Except
to
the
Lands
of
the
manifest
and
notorious
Enemies
of
Our
Kingdom
,
paying
the
Customs
which
shall
be
due
,
Wines
onely
excepted
,
which
shall
not
be
exported
out
of
Our
said
Kingdom
,
or
Dominion
,
after
they
have
been
Imported
into
Our
said
Kingdom
,
or
Dominion
,
without
Pleasure
and
special
Licence
,
by
any
way
or
means
whatsoever
.
Item
,
That
the
said
Merchants
may
lodge
in
the
Cities
,
Boroughs
,
&
Towns
aforesaid
,
at
their
own
pleasure
,
and
there
stay
with
their
Goods
,
to
the
content
of
them
who
entertain
them
.
Item
,
That
every
Contract
made
by
the
said
Merchants
with
what
persons
soever
,
and
from
what
places
soever
,
for
what
kind
of
Merchandizes
soever
,
shall
be
firm
and
stable
,
so
that
neither
of
the
Merchants
shall
depart
from
,
or
go
back
from
his
bargain
,
after
a
Gods-penny
is
given
and
received
,
between
the
principal
persons
contracting
;
and
if
it
happen
that
a
Contention
arise
on
the
said
Contract
,
there
shall
be
a
Tryal
,
or
Inquisition
,
according
to
the
Usages
and
Customs
of
the
Fairs
,
and
Towns
where
such
contract
shall
be
made
or
begun
.
Item
,
We
promise
to
the
aforesaid
Merchants
,
and
for
Us
,
and
Our
Heirs
for
ever
grant
,
That
We
by
no
meanes
whatsoever
will
make
,
nor
suffer
to
be
made
any
Prize
,
or
Arrest
,
or
detention
by
occasion
of
Prise
,
for
the
future
,
upon
their
said
Wares
,
Merchandizes
,
or
other
their
Goods
by
Us
,
or
by
any
other
,
or
others
in
any
case
,
and
necessity
whatsoever
,
against
the
will
of
the
said
Merchants
,
without
the
price
presently
paid
,
for
which
the
said
Merchants
might
sell
to
others
,
wares
of
the
like
sort
for
,
or
otherwise
to
satisfie
them
,
so
as
they
shall
repute
themselves
contented
.
And
that
no
Appraisement
or
value
shall
be
put
upon
the
said
Merchants
Wares
,
Merchandizes
,
or
Goods
,
by
Us
or
Our
Ministers
.
Item
,
We
will
,
That
all
Bayliffs
,
and
Officers
of
Fairs
,
Cities
,
Boroughs
,
and
Market
Towns
,
shall
do
speedy
Justice
to
the
said
Merchants
complaining
to
them
,
from
day
to
day
,
without
delay
,
according
to
the
Merchants
Law
,
concerning
all
and
every
thing
which
by
the
said
Law
may
be
determined
:
And
if
any
defect
shall
happen
to
be
found
in
any
of
Our
Bayliffs
or
Ministers
aforesaid
,
whereby
the
said
Merchants
or
any
of
their
Factors
shall
suffer
loss
,
although
the
Merchant
recover
his
losses
against
the
party
in
the
whole
,
Yet
nevertheless
,
the
Bayliff
,
or
other
Ministers
of
Ours
as
the
fault
requires
shall
be
punished
;
and
We
grant
the
said
punishment
in
favour
of
the
Merchants
aforesaid
,
for
compleating
their
right
.
Item
,
That
in
all
kinds
of
Pleas
,
saving
in
the
case
of
Crime
,
for
which
the
pain
of
Death
is
liable
to
be
inflicted
,
where
the
Merchant
shall
be
impleaded
,
or
he
implead
another
,
of
whatsoever
condition
●…e
that
is
impleaded
be
of
,
whether
a
Forreiner
or
a
Domestick
,
in
the
said
Fairs
,
Cities
or
Boroughs
,
where
there
is
a
sufficient
plenty
of
Merchants
of
the
Lands
aforesaid
,
and
Inquisition
there
ought
to
be
made
;
Half
of
the
Inquisition
shall
be
of
the
said
forrein
Merchants
,
and
the
other
half
of
honest
and
lawful
men
,
where
the
Plea
happens
to
be
:
And
if
a
sufficient
number
of
the
Merchants
of
the
said
Lands
shall
not
be
found
,
let
those
be
put
in
the
Inquisition
who
shall
be
found
fit
in
that
place
,
and
let
the
residue
be
of
other
good
and
fit
men
,
in
the
places
in
which
that
plaint
shall
be
.
Item
,
We
will
,
Ordain
,
and
appoint
,
That
in
every
Market
Town
and
Fair
of
Our
said
Kingdom
,
and
elsewhere
within
our
Dominion
,
Our
Weight
is
to
be
put
in
a
certain
place
,
and
before
weighing
thereof
,
the
Scale
to
be
empty
in
the
presence
of
Buyer
and
Seller
,
and
the
arms
thereof
to
be
equal
,
and
when
he
hath
set
the
Scale
equal
,
he
is
forthwith
to
take
off
his
hands
,
so
that
it
may
remain
equal
;
And
that
throughout
Our
whole
Kingdome
and
Dominion
,
there
be
one
Weight
and
Measure
,
both
of
them
sealed
with
the
sign
of
Our
Standard
,
and
that
every
one
may
have
a
Scale
of
one
Quarteroni
and
under
,
where
contrary
to
the
Governour
of
the
said
place
,
or
Liberty
by
Us
,
or
Our
Ancestors
was
not
granted
,
or
contrary
to
the
Custom
of
the
Villages
and
Fairs
hitherto
observed
.
Item
,
We
will
and
grant
,
That
some
certain
faithful
and
discreet
person
residing
in
London
,
may
be
appointed
a
Justice
in
behalf
of
the
before
mentioned
Merchants
,
before
whom
they
may
plead
specially
,
and
more
speedily
recover
their
Debts
,
if
the
Sheriffs
,
and
Mayors
,
distribute
not
to
them
,
day
by
day
,
compleat
and
speedy
Justice
;
that
then
a
Commission
be
granted
to
the
aforesaid
Merchants
,
besides
this
present
Charter
,
viz.
Concerning
those
[
Goods
]
which
are
to
be
conveyed
between
Merchants
and
Merchants
,
according
to
the
Merchants
Law
.
Item
,
We
Ordain
and
Appoint
,
and
Our
Will
and
Pleasure
is
,
for
Us
,
and
Our
Heirs
,
That
this
Ordinance
and
Statute
be
firmly
kept
for
ever
,
notwithstanding
any
liberty
whatsoever
which
We
or
Our
Heirs
for
the
future
shall
grant
;
the
said
Merchants
ought
not
to
lose
their
above
written
Liberties
,
or
any
of
them
:
And
for
and
in
consideration
of
their
obtaining
the
said
Liberties
,
and
free
Usages
,
and
Our
Prises
to
be
remitted
to
them
:
All
and
singular
the
said
Merchants
for
themselves
,
and
all
others
on
their
part
,
have
heartily
and
unanimously
granted
to
Us
that
for
every
Hogshead
of
Wine
which
they
shall
bring
in
,
or
cause
to
be
brought
in
within
Our
Kingdome
,
or
Dominion
thereof
;
and
from
whence
they
are
obliged
to
pay
Freight
to
the
Mariners
,
to
pay
to
Us
and
to
Our
Heirs
,
by
the
name
of
Custome
two
shillings
over
and
above
the
ancient
Customs
due
,
and
accustomed
to
be
paid
in
pence
within
Fourty
dayes
after
the
said
Wines
are
put
on
shoare
out
of
the
Ships
.
Item
,
For
every
Sack
of
Wooll
,
which
the
said
Merchants
or
others
in
their
names
do
buy
,
and
out
of
this
Kingdom
transport
,
or
buy
to
transport
,
shall
pay
fourty
pence
over
and
above
the
ancient
Custom
of
half
a
Mark
,
which
formerly
was
paid
.
And
for
a
Last
of
Hides
carried
out
of
this
Our
Kingdom
and
Dominion
thereof
,
to
be
sold
,
half
a
Mark
over
and
above
that
which
according
to
ancient
Custome
was
formerly
paid
;
and
likewise
for
Three
hundred
Wooll-fels
to
be
carried
out
of
this
Kingdom
,
fourty
pence
,
besides
that
certain
sum
which
according
to
ancient
Custome
was
formerly
given
.
Item
,
Two
shillings
for
every
Scarlet
,
and
Cloth
dyed
in
grain
.
Item
,
Eighteen
pence
for
every
Cloth
in
which
part
of
a
grain-colour
is
intermixt
.
Item
,
Twelve
pence
for
every
other
Cloth
without
grain
.
Item
,
Twelve
pence
for
every
Quintal
of
Wax
.
And
whereas
some
of
the
said
Merchants
deal
in
other
Commodities
,
as
Goods
weighed
with
Avoir-du-pois
Weights
,
and
in
other
fine
Goods
,
as
Cloth
of
Tarsen
,
of
Silk
,
of
[
](A51124-e76190-b)*
*
It
is
supposed
it
should
be
Sindo●…ibus
,
of
Lawn
,
Cambrick
or
other
fine
Linnen
.
Cindatis
,
of
Hair
,
and
in
divers
other
Merchandizes
,
in
Horses
also
,
and
other
Animals
,
Corn
,
and
other
Wares
and
Merchandizes
of
different
sorts
,
which
cannot
easily
be
put
to
a
certain
rate
of
Custom
;
The
said
Merchants
have
consented
to
give
Us
and
Our
Heirs
for
ever
Twenty
shillings
Estimation
and
value
of
those
Wares
and
Merchandizes
,
by
whatsoever
name
they
be
called
,
three
pence
in
the
pound
,
upon
the
Entrance
of
their
Wares
and
Merchandizes
into
Our
Kingdom
,
and
Dominion
aforesaid
,
within
twenty
dayes
after
such
Wares
and
Merchandizes
shall
be
brought
into
Our
Kingdom
,
and
Dominion
aforesaid
,
and
there
shall
be
unladen
,
or
sold.
And
likewise
three
pence
for
every
twenty
shillings
,
at
the
Exporting
of
what
kind
soever
of
Wares
or
Merchandizes
bought
in
Our
Kingdom
,
and
Dominion
aforesaid
,
besides
the
ancient
Customs
formerly
given
to
Us
or
to
others
.
And
over
and
above
the
value
and
estimation
of
the
said
Wares
&
Merchandizes
for
which
three
pence
for
every
twenty
shillings
as
aforesaid
are
to
be
paid
;
they
are
to
have
credit
by
Letters
,
by
them
to
be
produced
from
their
Principals
or
Partners
,
and
if
they
have
none
,
Let
it
be
determined
in
this
case
,
by
the
Oaths
of
the
said
Merchants
,
or
in
their
absence
,
of
their
Servants
.
Moreover
,
It
may
be
lawful
for
the
Society
of
the
Merchants
aforesaid
,
to
sell
Wooll
to
the
fellows
of
the
said
Society
,
and
likewise
to
buy
the
same
one
of
another
within
Our
Kingdom
and
Dominion
,
without
payment
of
Custom
:
Provided
that
the
said
Wooll
come
not
to
such
hands
whereby
we
may
be
defrauded
of
Our
Customs
.
And
furthermore
be
it
known
,
That
after
the
said
Merchants
have
once
in
any
one
place
within
Our
Kingdom
and
Dominion
paid
our
Customs
granted
,
as
aforesaid
,
to
Us
,
for
their
Merchandizes
in
form
aforesaid
,
and
thereupon
they
have
their
Warrant
,
they
shall
be
free
,
and
unmolested
in
all
other
places
within
Our
Kingdom
and
Dominion
,
from
payment
of
the
said
Custom
for
the
same
Commodities
or
Merchandizes
by
the
said
Warrant
,
whether
such
Merchandizes
remain
within
our
Kingdom
,
and
Dominion
,
or
are
carried
out
,
Except
Wines
,
which
without
Our
leave
or
licence
,
as
aforesaid
,
are
by
no
means
to
be
Exported
out
of
Our
Kingdom
.
We
will
also
,
and
for
Us
,
and
Our
Heirs
grant
,
That
no
Exaction
,
Prise
or
or
Loan
,
or
any
other
burden
shall
be
imposed
in
any
part
or
measure
on
the
persons
of
the
said
Merchants
,
their
Merchandizes
,
or
Goods
contrary
to
the
form
before
expressed
and
granted
.
Witness
hereto
,
The
Reverend
Fathers
Robert
Archbishop
of
Canterbury
Primate
of
all
England
,
Walter
Bishop
of
Coventry
and
Lichfield
,
Henry
de
Lacy
Earl
of
Lincoln
,
Humphrey
de
Bohun
Earl
of
Hereford
and
Essex
,
and
Constable
of
England
,
Adomarus
of
Valentia
,
Galfrid
of
Geynvil
,
Hugh
de
le
Spencer
,
Walter
de
bello
Campo
Chamberlain
of
our
House
,
Robert
of
Bures
,
and
others
.
Given
by
Our
Hand
at
Westminster
the
First
day
of
February
.
Pro
Mercatoribus
Alienigenis
de
Libertatibus
eis
concessis
.
REX
,
Archiepis
.
&c.
Salutem
.
Circa
bonum
statum
omnium
Mercatorum
subscriptorum
Regnorum
,
Cerrarum
,
&
Provinciarum
,
videlicet
,
Alemann
.
Franciae
,
Ispanioe
,
Portugaliae
,
Navarr
.
Lumbardiae
,
Tusciae
,
Provinciae
,
Catholoniae
,
Ducatus
nostri
Aquitann
.
Tholosan
Tatureini
Flandr
.
Brebant
.
&
omnium
aliarum
terrarum
,
&
locorum
extraneorum
quocunque
nomine
censeantur
,
venientium
in
Regnum
nostrum
Angliae
&
ibidem
conversantium
.
Nos
precipua
cura
solicitat
,
qualiter
sub
nostro
dominio
tranquilitatis
,
&
plene
securitatis
immunitas
eisdem
Mercatoribus
futuris
temporibus
preparetur
:
ut
itaque
vota
ipsorum
reddantur
ad
nostra
,
&
Regni
nostri
Servicia
promptiora
;
ipsorum
Petitionibus
favorabiliter
●…nuentes
,
&
pro
statu
eorundem
plenius
assecurando
,
in
forma
que
sequitur
ordinantes
subscripta
,
dictis
Mercatoribus
pro
nobis
,
&
heredibus
nostris
in
perpetuum
durimus
concedenda
.
Imprimis
,
Uidelicet
,
quod
omnes
Mercatotes
dictorum
Regnorum
&
terrarum
salvo
,
&
secure
sub
tuitione
&
protectione
nostra
in
dictum
Regnum
nostrum
Angliae
,
&
ubique
infra
potestatem
nostram
alibi
veniant
cum
Merchandisis
suis
quibuscunque
,
de
Muragio
,
Pontagio
,
&
Pavagio
,
liberi
&
quieti
:
quodque
infra
idem
Regnum
&
Potestatem
nostram
,
in
Civitatibꝰ
,
Burgis
&
Uillis
,
Mercatorijs
possint
mercari
,
duntaxit
in
grosso
,
tam
cum
Indigenis
,
seu
Iucolis
ejusdem
Regni
,
&
potestatis
nostre
predicte
,
quam
cum
Alieienigenis
extraneis
vel
privatis
.
Ita
tamen
quod
Merces
que
vulgariter
Merceriae
,
vocantur
ac
Species
,
minaciatim
vendi
possint
,
prout
antea
fieri
consuevit
:
Et
quod
omnes
predicti
Mercatores
Merchandisas
suas
quas
ipsos
ad
predictum
Regnum
&
Potestatem
nostram
adducere
,
seu
infra
idem
Regnum
&
Potestatem
nostram
emere
,
vel
alias
adquirere
contigerit
;
possint
quo
voluerint
,
tam
infra
Regnum
&
Potestatem
nostram
predictam
,
quam
extra
ducere
,
seu
portare
facere
,
praeterquam
ad
terras
manifestorum
,
&
notoriorum
hostium
Regni
nostri
,
solvendo
consuetudines
quas
debebunt
,
Vinis
duntaxit
exceptis
,
que
de
eodem
Regno
,
seu
potestate
nostra
,
postquam
infra
idem
Regnum
,
seu
Potestatem
nostram
ducta
fuerint
,
sine
voluntate
nostra
&
licentia
speciali
,
non
liceat
eis
educere
quoquo
modo
.
Item
,
quod
predicti
Mercatores
,
in
Civitatibus
,
Burgis
predictis
pro
voluntate
sua
hospitari
valeant
,
&
moac
U●…llis
rari
cum
bonis
suis
,
ad
gratum
ipsorum
quorum
fuerint
hospitia
sive
domus
.
Item
,
quod
quilibet
Contractus
per
ipsos
Mercatores
cum
quibuscunque
personis
,
undecumque
fuerint
,
super
quocumque
genere
Merchandisae
,
initus
,
firmus
sit
&
stabilis
;
ita
quod
neuter
Mercatorum
ab
illo
Contractu
possit
discedere
,
vel
resilere
,
postquam
denarius
Dei
inter
principales
personas
contrahentes
,
datus
fuerit
&
receptus
.
Et
si
forsan
super
contractu
hujusmodi
contentio
oriatur
,
fiat
inde
probatio
aut
Inquisitio
secundum
usus
,
&
consuetudines
feriarum
,
&
villarum
ubi
dictum
contractum
fieri
contigerit
,
&
iniri
.
Item
,
Promittimus
prefatis
Mercatoribus
pro
nobis
,
&
heredibus
nostris
,
in
perpetuum
concedentes
,
quod
nullam
prisam
vel
arestationem
,
seu
dilationem
occasione
prisae
de
caetero
de
mercimonijs
,
Merchandisis
,
seu
alijs
bonis
suis
per
nos
,
vel
alium
,
seu
alios
,
pro
aliqua
necessitate
vel
casu
,
contra
voluntatem
ipsorum
Mercatorum
aliquatenus
faciemus
,
aut
fieri
patiemur
;
nisi
statim
soluto
precio
pro
quo
ipsi
Mercatores
aliis
hujusmodi
mercimonia
vendere
possint
,
vel
eis
alias
satisfactio
ita
quod
reputent
se
contentos
,
&
quod
super
mercimonia
,
merchandisas
,
seu
bona
ipsorum
per
nos
,
vel
ministros
nostros
,
nulla
appreciatio
,
aut
aestimatio
imponetur
.
Item
,
Uolumus
quod
omnes
Ballivi
,
&
Ministri
feriarum
Civitatum
,
Burgorum
,
&
Uillarum
Mercatoriarum
,
mercatoribus
ante
dictis
conquerentibus
coram
cis
,
celerem
justitiam
faciant
de
die
in
diem
sine
dilatione
,
secundum
LEGEM
MERCATORIAM
,
de
universis
&
singulis
que
per
eandem
Legem
poterunt
tetminari
.
Et
si
forte
inveniatur
defectus
in
aliquo
Balivorum
vel
ministrorum
predictorum
unde
fidem
Mercatores
,
vel
eorum
aliquis
dileus
incommoda
sustinuerint
,
vel
sustinuerit
,
licet
Mercator
versus
partem
in
principali
recuperaverit
dampna
sua
,
nichilominus
Ballivus
,
vel
minister
alius
versus
nos
,
prout
delictum
erigit
,
puniatur
,
&
punitionem
istam
concedimus
in
favorem
mercatorum
predictorum
,
pro
eorum
justitia
maturanda
.
Item
,
quod
in
omnibus
generibus
placitorum
,
salvo
casu
criminis
pro
quo
i●…igenda
sit
poena
mortis
,
ubi
Mercatur
implacitatus
fuerit
vel
alium
implacitaverit
,
cujuscumque
conditionis
idem
implacitatus
extiterit
,
extraneus
vel
privatus
,
in
Nundinis
,
Civitatibus
,
sive
Burgis
ubi
fuerit
sufficiens
copia
Mercatorum
predictarum
terratum
,
&
Inquisitio
fieri
debeat
,
sit
medietas
Inquisitionis
de
eisdem
Mercatoribus
,
&
medietas
altera
de
alijs
probis
&
legalibus
hominibus
loci
illius
,
ubi
placitum
illud
esse
contigerit
:
Et
si
de
Mercatoribus
dictarum
Cerrarum
numerus
non
inveniatur
sufficiens
,
ponantur
in
Inquisitione
illi
qui
idonei
invenientur
ibidem
,
&
residui
sint
de
aliis
bonis
hominibus
,
&
idoneis
,
de
locis
in
quibus
placitum
illud
erit
.
Item
,
Uolumꝰ
,
Ordinamꝰ
,
&
Statuimus
,
quod
in
qualibet
Uilla
Mercatoria
,
&
feria
Regui
nostri
predicti
,
&
alibi
infra
potestatem
nostram
,
Pondus
nostram
in
certo
loco
ponatur
,
&
ante
ponderationem
Statera
in
presentia
Emptoris
&
Uenditoris
vacua
videatur
,
&
quod
brachia
sint
equalia
,
&
ex
tunc
Ponderator
ponderet
in
aequali
,
&
cum
Stateram
posuerit
in
aequali
,
statim
amo●…eat
manus
suas
ita
quod
remaneat
in
aequali
,
quodque
per
totum
Regnum
,
&
potestatem
nostram
unum
sit
pondus
&
una
mensura
,
&
signo
Standardi
nostri
signentur
,
&
quod
quilibet
possit
habere
Stateram
unius
Quarteroni
&
infra
,
ubi
contra
Dominum
loci
,
aut
libertatem
per
Nos
,
seu
Antecessores
nostros
concessam
illud
non
fuerit
,
sive
contra
villarum
aut
feriarum
consuetudinem
hactenus
observatam
.
Item
,
Uolumus
,
&
concedimus
quod
aliquis
certus
homo
,
&
fidel●…s
,
&
discretus
London
residens
,
assignetur
Justiciarius
mercatoribus
memoratis
,
coram
quo
valeant
specialiter
placitare
,
&
debita
sua
recuperare
celeriter
,
si
Uicecomites
&
Majores
eis
non
facerent
de
die
in
diem
celeris
justitiae
complementum
,
&
inde
fiat
Comissio
extra
cartam
presentem
concessa
Mercatoribus
ante
dictis
,
scilicet
de
hijs
que
sunt
inter
Merca
tores
,
&
Mercatores
,
secundum
LEGEM
MERCATORIAM
deducenda
.
Item
,
Ordinamus
,
&
Statuimus
,
&
Ordinationem
illam
statutumque
pro
Nobis
&
Heredibus
nostris
in
perpetuum
Voluimus
firmiter
observari
,
quod
pro
quacunque
libertate
quam
Nos
vel
Veredes
nostri
de
caeter●…
concedimus
,
prefati
Mercatores
supra-scriptas
Libertates
,
vel
earum
aliquam
non
amittant
.
Pro
supradictis
autem
libertatibus
&
liberis
consuetudinibus
optinendis
,
&
Priūs
nostris
remittendis
eisdem
saepedicti
Mercatores
universi
&
singuli
pro
se
&
omnibus
alijs
de
partibus
suis
,
Nobis
concorditer
&
unanimiter
concesserunt
quod
de
quolibet
Dolio
vini
quod
adducent
,
vel
adduci
facient
infra
Regnum
,
&
Potestatem
nostram
,
&
unde
Marinariis
frettum
solvere
tenebuntur
,
solvent
Nobis
&
heredibus
nostris
nomine
Custumae
,
duos
Solidos
ultra
antiquas
Custumas
debitas
,
&
in
Denarijs
solvi
consuetas
,
nobis
aut
alijs
infra
quadraginta
dies
postquam
extra
Naves
ad
Certam
posita
fuerint
dicta
vina
.
Item
,
de
quolibet
Sacco
Lanae
quem
dicti
Mercatores
,
aut
alij
nomine
ipsorum
ement
,
&
de
Regno
nostro
educent
,
aut
emi
,
&
educi
facient
,
solvent
quadraginta
Denarios
de
incremento
,
ultra
Custumam
antiquam
dimidiae
Marcae
que
prius
fuerat
persoluta
:
Et
pro
Lasto
Coriorum
extra
Regnum
,
&
Potestatem
nostram
vehendorum
dimidiam
Marcam
,
supra
id
quod
ex
antiqua
Custuma
antea
solvebatur
;
Et
similiter
de
trescentis
pellibus
Lanutis
,
extra
Regnum
&
Potestatem
nostram
,
deducendis
,
quadraginta
denarios
ultra
certum
illud
quod
de
antiqua
Custuma
fuerat
prius
datum
.
Item
,
duos
Solidos
de
qualibet
Scarleta
,
&
panno
tincto
in
grano
.
Item
,
Decem
&
octo
denarios
de
quolibet
panuo
in
quo
pars
grani
fuerit
intermixta
.
Item
,
Duodecim
denarios
de
quolibet
panno
alio
sine
grano
.
Item
,
Duodecim
denarios
de
quolibet
Cerae
quintallo
.
Cumque
de
prefatis
Mercatoribus
nonnulli
eorum
alias
exerceant
Merchandisas
,
ut
de
Aberio
ponderis
,
&
de
alijs
rebus
,
subtilibus
sicut
de
pannis
Carsen
.
de
Serico
,
de
Cindatis
,
de
Seta
,
&
alijs
diversis
mercibus
,
&
de
equis
etiam
,
ac
alijs
animalibus
Blado
,
&
alijs
rebus
,
&
Merchandisis
,
multimodis
,
que
ad
certam
Custumam
facile
pon●…
non
poterunt
,
i●…dem
Mercatores
concesserunt
dare
Nobis
,
&
Heredibus
nostris
de
qualibet
libra
argenti
estimationis
seu
valoris
rerum
,
&
Merchandisarum
hujusmodi
quocunque
nomine
censeantur
,
tres
denarios
de
libra
in
introitu
rerum
,
&
Merchandisarum
ipsarum
in
Regnum
,
&
Potestatem
nostram
predictam
infra
Uiginti
dies
,
postquam
hujusmodi
Res
&
Merchand
sae
in
Regnum
&
Potestatem
nostram
adducte
,
&
etiam
ibidem
eroneratae
,
sive
venditae
fuerint
;
Et
Similiter
tres
denarios
de
qualibet
libra
argenti
in
eductione
quarumcunque
rerum
,
&
Merchandisarum
hujusmodi
●…mptarum
in
Regno
,
&
Potestate
nostra
predictis
,
ultra
Custumas
antiquas
nobis
,
aut
alijs
ante
datas
.
Et
super
valore
,
&
estimatione
rerum
&
Merchandi
sarum
hujusmodi
,
de
quibus
tres
denarij
de
qualibet
●…bra
argenti
sicut
predicitur
sunt
solvendi
;
credatur
eis
per
literas
quas
de
Dominis
aut
socijs
suis
ostendere
poterunt
,
&
si
literas
non
habeant
,
Stetur
in
hac
parte
ipsorum
Meccatorum
si
presentes
fuerint
,
vel
vallettorum
suorum
in
eorundem
Mercatorum
absentia
juramentis
.
Liceat
insuper
Socijs
de
Societate
Mercaturum
predictorum
infra
Regnum
,
&
Potestatem
nostram
predictam
,
lanas
vendere
alijs
socijs
suis
,
&
similiter
emere
ab
eisdem
absque
Custuma
solvenda
;
ita
tamen
quod
dictae
La●…ae
ad
tales
manus
non
deveniant
,
quod
Custuma
nobis
debita
defraud●…mur
.
Et
praeteria
est
sciendum
,
quod
postquam
saepedicti
Mercatores
semel
in
uno
loco
infra
Regnum
&
Potestatem
nostram
Custumam
nobis
concessam
superius
,
pro
Merchandisis
suis
in
forma
solverint
supradicta
&
suam
habeant
inde
Warrantum
,
erunt
liberi
&
quieti
in
omnibus
alijs
locis
infra
Regnum
,
&
Potestatem
nostram
predictam
,
de
solutione
Custumae
hujusmodi
pro
eisdem
Merchandisis
,
seu
mercimonijs
per
idem
Warrantum
,
sive
hujusmodi
Merchandisae
infra
Regnum
,
&
Potestatem
nostram
remaneant
,
sive
exterius
deferantur
,
Exceptis
vinis
,
que
de
Regno
&
Potestate
nostra
predictis
,
sine
voluntate
&
licentia
nostra
sicut
predictum
est
,
nullatenus
educantur
.
Volumus
autem
ac
pro
Nobis
&
Heredibus
nostris
concedimus
,
quod
nulla
exactio
,
Prisa
vel
Prestatio
,
aut
aliquod
aliud
onus
super
personas
Mercatorum
predictorum
,
Merchandisas
,
seu
bona
eorundem
aliquatenus
imponatur
,
contra
formam
expressam
superius
,
&
concessam
.
〈◊〉
testibus
venerabilibus
Patribus
Roberto
Cantuariensi
Archiepiscopo
totius
Angliae
Primatae
,
Waltero
Coventr
.
&
Litchf
.
Episcopo
,
Henrie
de
Lacy
,
Comite
Lincoln
.
Humfrido
de
Bohun
Comite
Hereford
.
&
Essex
,
ac
Corstabular
.
Angl.
Adomar
.
de
Valencia
,
Galfrido
de
Geynvill
,
Hugone
le
de
Spencer
,
Waltero
de
bello
Campo
Senescallo
Hospitij
nostri
,
Roberto
de
Bures
&
alijs
.
Dat.
per
manum
nostram
apud
Westm.
primo
die
Febr.
VIII
.
Subsidy
is
a
Duty
payable
for
Merchandizes
Sir
John
Davies
in
the
Case
of
Customes
.
Exported
and
Imported
,
granted
by
Act
of
Parliament
for
the
life
of
the
King
.
And
are
,
1.
Ayds
and
Subsidies
payable
out
of
Native
Commodies
Exported
and
Imported
.
2.
Tunnage
,
which
is
a
Subsidy
out
of
Wines
of
all
sorts
;
and
Poundage
,
which
is
a
Subsidy
granted
out
of
all
Commodities
Exported
and
Imported
,
except
Vide
the
Stat.
12
Car.
2.
of
Tunnage
and
Poundage
.
Wines
and
ancient
Staple
Commodities
,
and
is
the
20th
part
of
the
Merchandize
,
Imposts
or
Duties
payable
for
Merchandizes
rated
and
assessed
by
Parliament
;
and
then
they
are
in
the
nature
of
Subsidies
imposed
by
the
Kings
Prerogative
.
The
Rates
are
generally
agreed
on
by
the
Commons
House
of
Parliament
,
and
are
exprest
in
a
Book
commonly
called
the
Rates
of
Merchandize
;
that
is
to
say
,
the
Subsidy
of
Tonnage
and
Poundage
,
and
the
Subsidy
of
Woollen
Cloathes
or
old
Drapery
,
and
are
subscribed
with
the
hand
of
the
Speaker
.
IX
.
All
Merchant-Strangers
bringing
in
any
sort
of
Wines
,
are
to
pay
Thirty
shillings
in
the
Tun
over
and
above
the
Rates
which
the
Natives
pay
,
including
Twenty
shillings
the
Tun
formerly
paid
to
His
Majesty
by
the
name
Southampton
Duties
,
for
all
Wines
of
the
growth
of
the
Levant
;
for
which
sort
of
Wines
,
the
Stranger
is
also
to
pay
to
the
use
of
the
Town
of
Southampton
for
every
Butt
or
Bipe
Ten
shillings
.
Aliens
are
like
wise
to
pay
the
ancient
Duty
of
Butlerage
,
Vide
in
tit
.
Prisage
.
which
is
2
s.
per
Tun.
Rule
,
That
all
such
Wines
as
shall
be
landed
in
any
of
the
Out
Ports
,
and
Custome
paid
,
and
afterwards
brought
to
the
Port
of
London
by
Certificate
,
shall
pay
so
much
more
Custome
as
they
paid
short
of
the
Duty
due
in
the
Port
of
London
.
For
every
Tun
of
Beer
to
be
Exported
in
shipping
Directions
on
Tunnage
.
English
built
in
money
must
be
paid
Two
shillings
:
And
for
every
Tun
of
Beer
Exported
in
any
other
shipping
in
money
six
shillings
.
X.
If
there
shall
happen
to
be
brought
or
carried
out
of
this
Realm
any
Goods
lyable
to
the
payment
of
Directions
in
Poundage
.
Custome
and
Subsidy
which
are
omitted
in
the
Book
of
Rates
,
or
are
not
now
used
to
be
brought
in
or
carried
out
,
or
by
reason
of
the
great
diversity
of
the
value
of
some
Goods
could
not
be
Rated
;
That
in
such
case
every
Customer
or
Collector
for
the
time
being
,
shall
and
may
levy
the
said
Custome
and
Subsidy
of
Poundage
according
to
the
value
and
price
of
such
Goods
to
be
affirmed
upon
the
Oath
of
the
Merchant
in
the
presence
of
the
Customer
,
Collector
,
Comptroller
and
Surveyor
,
or
any
two
of
them
.
XI
.
Every
Englishman
shall
pay
for
every
short
Directions
for
the
payment
of
the
Subsidy
upon
Woollen
Clothes
,
or
old
Drapery
.
Cloth
containing
in
length
not
above
28
Yards
,
and
in
weight
not
above
64
l.
white
or
coloured
by
him
to
be
shipped
and
carried
out
of
this
Kingdom
,
Three
shillings
four
pence
,
being
after
the
rate
of
two
farthings
and
half
a
farthing
the
pound
weight
.
And
so
after
that
rate
for
all
other
sorts
of
Clothes
of
greater
length
and
weight
,
allowing
not
above
Twenty
eight
yards
,
and
sixty
four
pound
to
a
short
Cloth
;
that
is
to
say
,
for
every
pound
weight
over
and
above
sixty
four
pound
,
two
farthings
and
a
half
farthing
:
and
for
all
other
sorts
of
lesser
Clothes
to
be
allowed
to
a
short
Cloth
;
that
is
to
say
,
every
Stranger
shall
pay
for
every
short
Cloth
cont
'
in
length
not
above
28
yards
,
and
in
weight
not
above
64
l.
white
or
coloured
by
him
to
be
shipped
or
carried
out
of
this
Kingdom
,
Six
shillings
eight
pence
,
besides
the
old
duty
of
one
shilling
and
two
pence
.
And
so
after
that
rate
for
all
other
sorts
of
Clothes
of
greater
length
and
weight
;
and
for
all
sorts
of
lesser
Clothes
to
be
allowed
to
a
short
Cloth
:
That
is
to
say
,
Dorset
and
Somerset
Dozens
,
Rudge
washt
,
Cardinals
,
Pin-whites
,
Straites
,
Statutes
Stockbridge
,
Tavestock
,
seven
of
each
sort
shall
be
allowed
to
a
short
Cloth
.
Tauntons
,
Bridgwaters
,
and
Dunstars
,
the
5.
not
exceeding
64
l.
in
weight
;
Devon
.
Dozens
containing
12
or
13
yards
,
in
weight
13
l.
Five
to
be
allowed
to
a
short
Cloth
.
Ordinary
Pennystones
,
or
Forrest
Whites
cont
'
between
12
or
13
yards
,
and
in
weight
28
pounds
,
Shorting
Penystones
cont
'
13
or
14
yards
,
and
in
weight
35
pounds
unfreized
,
Four
to
be
allowed
to
a
short
Cloth
.
Narrow
Yorkshire
Kersies
Whites
and
Reds
cont
'
,
not
above
17
or
18
yards
,
and
in
weight
22
pound
.
Hampshire
Ordinary
Kersies
,
Newberry
Whites
,
and
other
Kersies
of
like
making
cont
'
24
yards
,
and
in
weight
28
l.
Sorting
Hamshire
Kersies
cont
'
28
pound
,
and
in
weight
32
pound
;
Three
of
them
to
make
a
short
Cloth
.
Northern
Dozens
,
single
sorting
Penystons
cont
'
,
between
13
and
15
yards
,
and
in
weight
53
pound
Frized
,
Two
of
them
to
make
a
short
Cloth
.
And
the
Northern
Dozens
double
;
one
to
be
accounted
for
a
short
Cloth
.
All
which
shall
go
and
be
accounted
for
short
Clothes
,
and
shall
pay
after
the
rate
of
the
short
Cloth
before
rated
,
and
for
over
weight
2.
farthings
and
one
half
the
pound
.
The
New
sort
of
Cloth
called
the
Spanish
Cloth
,
otherwise
Narrow
List
,
Western
Broad
Cloth
not
exceeding
25
yards
in
length
,
and
43
pounds
in
weight
,
to
be
accounted
two
thirds
of
the
short
Cloth
before
rated
.
And
for
every
pound
weight
exceeding
43
pounds
,
two
farthings
and
half
a
farthing
the
pound
weight
.
Cloth
Rashes
alias
Cloth
Serges
cont
'
30
yards
weighing
40
pound
,
to
be
accounted
two
thirds
of
the
short
Cloth
before
rated
.
And
for
every
pound
exceeding
40
pound
weight
,
two
farthings
and
half
a
farthing
the
pound
weight
.
And
for
any
other
sort
of
Woollen
Cloth
of
the
Old
or
New
Drapery
,
and
not
mentioned
in
that
Book
,
to
pay
two
farthings
and
half
a
farthing
the
pound
weight
,
And
for
any
other
sort
of
Woollen
Cloth
of
the
Old
or
New
Drapery
and
not
mentioned
,
is
to
pay
2
farthings
and
half
a
farthing
for
the
Subsidy
of
every
pound
thereof
.
CHAP.
XIII
.
Of
Impositions
Subsequent
,
Conditional
,
Temporary
,
&c.
-
I.
Of
Impositions
on
the
Manufactures
of
France
by
Lex
talionis
.
-
II.
On
Vineger
,
Perry
,
Cider
and
Rape
,
Customes
payable
by
Denizens
and
Strangers
,
and
Logwood
made
Importable
.
-
III.
On
Ships
that
have
not
two
Decks
,
and
16
Guns
.
-
IV.
On
Salt
,
Beer
,
Cider
,
Perry
,
Vinegar
,
a
further
Duty
.
-
V.
Of
the
Duty
called
Coynage
,
and
upon
what
impos'd
;
and
the
Temporary
Imposition
called
the
Additional
Duty
.
-
VI.
Of
Goods
particular
Imported
by
Aliens
;
And
Rules
for
petty
Customes
and
other
matters
relating
to
Duties
.
-
VII
.
Of
Aliens
Customes
on
Fish
and
other
Commodities
,
and
rates
upon
the
same
.
-
VIII
.
Impositions
on
Forraign
Liquors
,
and
Rates
on
the
same
.
-
IX
.
Of
Native
Commodities
,
and
such
as
were
formerly
prohibited
may
be
transported
,
paying
certain
Duties
.
-
X.
Beer
,
&c.
Exported
;
Skins
,
Leather
,
&c.
Transportable
,
paying
such
Duties
—
Bulloign
and
Coyn
onely
excepted
.
-
XI
.
Of
Spices
Importable
by
any
Nation
.
-
XII
.
Of
Great
and
lesser
Officers
Fees
,
and
of
Goods
not
paying
one
pound
Custome
in
or
out
,
what
Fees
to
be
taken
.
-
XIII
.
Voluntary
Gifts
from
some
esteemed
no
Bribes
;
and
Rates
about
payment
of
Fees
.
-
XIV
.
Of
Allowances
for
Jury
,
what
.
THere
are
several
Duties
imposed
subsequent
to
the
Duties
payable
by
the
Book
of
Rates
,
and
over
and
Subsequent
Impositions
to
the
Act
of
Tunnage
and
Poundage
,
and
the
Book
of
Rates
.
above
the
same
;
That
is
to
say
,
on
all
Ships
belonging
to
the
French
King's
Subjects
,
which
shall
lade
or
unlade
any
Goods
in
this
Kingdome
,
or
set
on
shore
or
take
in
any
Passenger
,
to
pay
10
s.
per
Tun
;
This
was
an
Oliver
for
a
Rowland
,
the
French
King
having
done
us
the
like
kindness
,
by
imposing
the
value
of
50
Solz
12
Car.
2.
on
every
English
Ship
;
this
complyment
lasts
but
3.
weeks
longer
then
the
French
Kings
,
his
remov'd
,
ours
drops
.
II.
So
likewise
on
Vinegar
,
Perry
,
Rape
,
Cider
,
and
Cider-eager
imported
from
Forraign
Parts
per
English
,
This
Collected
as
the
Tunnage
and
Poundage
is
directed
.
shall
answer
Six
pounds
ten
shillings
per
Tun
;
if
by
Strangers
,
then
but
six
pounds
.
But
if
they
shall
Export
,
then
Three
pounds
ten
shillings
per
Tun
shall
be
repaid
to
the
English
,
and
Four
14
Car.
2.
cap.
11.
For
preventing
of
Fraud
.
pounds
fifteen
shillings
to
be
repaid
to
strangers
.
The
Statute
of
Eliz.
Cap.
prohibiting
the
Importation
of
Logwood
Repealed
;
and
the
same
may
be
Imported
paying
5
l.
per
Tun
:
and
in
case
of
Exportation
14
Car.
2.
cap.
11.
then
to
be
repaid
4
l.
per
Tun.
III.
The
Parliament
taking
likewise
again
into
consideration
the
encouragement
of
Trading
in
Ships
of
force
,
have
imposed
on
all
Goods
and
Merchandize
Imported
and
Exported
,
from
and
to
the
Mediterranean
Sea
,
beyond
Malaga
,
in
any
Ship
that
hath
not
two
Decks
and
16
Pieces
of
Ordnance
mounted
,
and
two
men
to
each
Gun
,
to
pay
over
and
above
the
Rates
imposed
by
the
Book
of
Rates
one
per
Cent
'
;
This
does
not
extend
to
Ships
laden
with
Fish
,
or
half
laden
with
14
Car.
22.
11.
Fish
and
other
Commodities
.
V.
So
likewise
on
Salt
out
of
Scotland
into
England
,
one
half-penny
per
Gallon
.
Again
,
There
is
imposed
on
Wines
,
Vinegar
,
Cider
,
and
Beer
,
Ten
shillings
per
Tun
;
and
on
Brandy
and
Strong
Waters
20
s.
per
Tun.
For
the
Coinage
Duty
,
the
moneys
that
arises
on
this
Duty
is
to
be
paid
at
the
Custome-House
to
the
Collectors
and
other
Officers
,
to
be
by
them
kept
apart
from
all
other
Moneys
,
and
paid
Quarterly
into
the
Exchequer
without
Salary
or
Fee
:
The
Goods
are
forfeitable
for
non-payment
of
this
Duty
;
18
Car.
2.
cap.
5.
and
the
same
is
to
be
repaid
if
the
Goods
are
transported
within
one
year
.
There
is
likewise
an
Imposition
of
12
l.
per
Tun
on
22
Car.
2.
cap.
3.
Spanish
Wines
,
and
8
l.
per
Tun
on
French
Wines
and
Vinegar
;
but
that
is
but
temporary
,
and
ends
the
24th
of
June
,
1678.
VI.
There
is
also
Duties
payable
by
Aliens
for
Per
Act
of
Nav.
12
Car.
cap.
18.
Vide
the
Statutes
,
and
the
particular
Commodities
enumerated
there
.
Goods
Imported
in
Aliens
Ships
,
commonly
called
Navigation
Duties
.
So
likewise
all
Goods
of
the
growth
,
production
or
Manufacture
of
Muscovia
or
Russia
,
and
also
of
Turkey
.
Note
,
That
in
all
cases
where
petty
Custome
inwards
is
payable
,
it
is
to
be
understood
of
the
fourth
part
of
Rule
.
the
full
Subsidy
according
to
the
rates
and
value
in
the
Book
of
Rates
before
the
5.
per
Cent.
is
deducted
.
Note
.
Wines
of
all
sorts
Imported
are
to
pay
Aliens
Rule
.
Vide
the
Table
of
Strangers
Duties
upon
Wines
.
Duties
.
Note
.
That
the
Nett
Subsidy
of
Vinegar
,
Perry
,
Rape
,
Cider
,
and
Cider-eager
both
in
London
and
out
14
Car.
2.
Vide
Table
of
French
Wines
.
Ports
,
is
the
same
with
the
Subsidy
of
French
Wines
,
payable
in
London
.
VII
.
So
likewise
there
is
a
further
Imposition
called
Aliens
Custome
for
all
Fish
,
Fish
Oyl
,
Blubber
,
Whale-bone
,
Act
of
Navigation
,
12
Car.
2.
cap.
18.
or
Whale-fins
,
not
being
caught
in
vessels
belonging
to
Englishmen
,
are
to
pay
double
Strangers
Custome
.
So
likewise
Custome
and
Impost
to
be
paid
for
several
Act
of
Trade
,
15
Car.
2.
cap.
7.
Vide
Stat.
and
the
particulars
enumerated
.
sorts
of
salted
or
dryed
Fish
not
imported
in
Ships
English
built
,
or
belonging
to
England
,
and
not
having
been
stifled
and
caught
in
such
Ships
.
Upon
which
ACT
,
Note
,
That
the
5.
per
Cent.
is
not
Rule
.
to
be
allowed
out
of
the
Petty
Custome
.
VIII
.
There
is
likewise
an
Excise
or
Impost
upon
Forraign
Liquors
imported
;
That
is
to
say
,
Beer
or
12
Car.
23
,
24.
22
Car.
2.
4.
Ale
6
s.
per
Barrel
;
Cyder
or
Perry
the
Tun
ten
shillings
;
Brandy
or
Strong
Waters
perfectly
made
8
d.
per
Gallon
.
If
any
of
those
Goods
be
landed
before
those
Duties
be
fully
paid
and
Warrants
signed
,
and
without
presence
15
Car.
2.
cap.
11.
of
an
Officer
,
they
are
forfeited
,
the
Informer
half
.
IX
.
There
is
likewise
Duties
imposed
on
several
Commodities
Exported
by
several
Acts
of
Parliament
subsequent
to
the
Act
of
Tunnage
and
Poundage
.
Coals
Transported
in
English
Shipping
and
Navigation
for
his
Majesties
Plantations
in
lieu
of
all
Custome
,
shall
pay
onely
for
one
Chaldron
of
New-Castle
Measure
Act
for
Trade
,
15
Car.
2.
cap.
7.
1
s.
8
d.
For
one
Chaldron
London
Measure
1
s.
Provided
good
Security
be
given
for
landing
the
said
Coales
accordingly
.
There
are
likewise
several
Native
Commodities
and
Act
for
Tillage
,
22
Car.
2.
cap.
3.
Cattle
prohibited
by
divers
Acts
of
Parliament
not
to
be
Transported
unless
sold
under
such
prices
;
but
non
obstante
they
may
now
be
Exported
,
paying
Custome
according
to
the
Book
of
Rates
.
X.
There
is
likewise
an
Imposition
on
Beer
,
Ale
and
22
,
23
Car
2.
20
Car.
2.
5.
Mum
to
be
Exported
,
to
pay
1
s.
per
Tun
and
no
more
;
But
this
is
but
tempore
for
6.
years
.
So
likewise
Leather
of
all
sorts
,
Sheep-skins
,
Calve-skins
,
Tanned
or
dressed
,
non
obstante
any
former
Law
,
paying
for
each
hundred
weight
cont
'
112
l.
weight
one
shilling
and
no
more
:
This
ends
in
25th
.
of
March
,
1675.
and
both
of
them
to
the
end
of
the
next
20
Car.
2.
5.
Sessions
of
Parliament
after
.
Likewise
all
sorts
of
Forraign
Coyn
or
Bullion
of
Gold
or
Silver
may
be
Exported
without
paying
any
Act
for
Trade
,
15
Car.
2.
7.
Duty
or
Fee
for
the
same
,
entry
being
first
made
in
the
Custome-House
;
the
like
for
Diamonds
,
Pretious
Stones
,
Jewels
,
and
Pearls
of
all
sorts
.
XI
.
All
persons
whatsoever
may
Import
from
any
place
beyond
Sea
in
English
Ships
,
Mace
,
Nutmegs
,
Cynamon
,
Cloves
,
into
England
,
Wales
,
Jersey
,
Guernsey
,
paying
the
Customes
thereof
.
Provided
before
the
lading
thereof
they
give
notice
to
the
Commissioners
or
Proclam
.
Car.
Regis
,
20
Dec.
1662.
26
Aug.
1663.
But
see
14
Car.
2.
concerning
Customes
.
Farmers
of
the
Customes
of
the
quantity
&
quality
they
intend
to
lade
,
with
the
name
of
the
Vessel
in
which
they
intend
to
import
the
same
,
and
procure
a
Licence
under
the
hands
of
the
said
Farmers
or
Commissioners
,
or
any
3.
of
them
for
the
Importing
the
same
.
Note
.
If
Goods
are
Wreck't
,
and
the
Lord
seizes
them
,
yet
they
ought
not
to
pay
Custome
.
[
](A51124-e79380-b)*
*
Sir
Francis
Moore's
Report
,
224.
Lord
Cobham's
Case
.
The
like
not
long
since
adjudged
in
the
Common-Pleas
(
on
a
Special
Verdict
found
at
St.
Edmonds-Bury
in
Suffolk
)
about
Mich.
25
,
or
Hill.
25
&
26
Car.
2.
XII
.
Fees
and
Allowances
due
and
payable
to
the
Officers
of
his
Majesties
Customes
and
Subsidies
in
the
Port
of
London
,
and
the
Members
and
Creeks
thereunto
belonging
;
That
is
to
say
,
to
the
Officers
of
the
Petty
Customes
Outwards
,
Subsidy
Outward
;
Petty
Customes
Inwards
,
Subsidies
Inwards
,
Great
Customes
,
Clerks
Fees
Inwards
and
Outwards
,
the
Kings
Waiters
being
in
number
Eighteen
,
the
Register
of
the
Kings
Warrants
,
the
Usher
of
the
Custome-House
,
Gaugers
of
French
Vessels
,
Chief
Searcher
,
and
his
Majesties
five
Under-Searchers
in
the
Port
of
London
;
and
the
two
Searchers
at
Graves-end
,
were
all
set
and
entred
in
a
Table
;
the
same
was
settled
by
the
Commons
House
of
Parliament
,
and
signed
by
the
Right
Honourable
Sir
Virtute
cujusdam
Ordin
.
à
Dom.
Com.
Sabbati
17
Maij
,
14
Car.
2.
Regis
.
Edward
Turner
now
Lord
Chief
Baron
of
his
Majesties
Court
of
Exchequer
,
and
then
Speaker
to
the
Commons
House
of
Parliament
;
at
which
time
the
Question
being
put
,
That
for
all
Goods
not
paying
one
pound
Custome
in
or
out
,
there
shall
be
but
half
Fees
taken
for
all
Cocquets
,
Warrants
,
Debentures
,
Transires
or
Certificates
;
It
was
Resolved
in
the
affirmative
.
XIII
.
Societies
or
Companies
Trading
in
a
joynt
stock
,
and
making
but
one
single
Entry
,
the
Adventurers
being
many
,
the
Table
of
Fees
does
not
hinder
;
but
the
Officers
and
Waiters
may
receive
such
gratuity
as
the
Company
shall
voluntarily
give
.
All
Goods
under
the
value
of
5
l.
in
the
Book
of
Rates
paying
Subsidy
the
sum
of
5
s.
or
less
,
shall
pass
without
payment
of
Fee
.
English
Merchants
that
shall
land
out
of
one
Ship
at
one
time
(
although
the
receipt
of
the
Subsidy
be
distributed
into
several
Offices
)
shall
not
pay
any
more
than
for
a
single
entry
.
The
Goods
of
Partnership
to
pass
as
if
the
propriety
were
in
one
single
person
.
Fish
by
English
in
English
shipping
or
Vessels
inwards
or
Outwards
all
along
the
Coast
to
pay
no
Fee
.
Post
Entries
inward
to
pass
without
Fee
under
five
shillings
;
if
above
five
shillings
and
under
forty
shillings
,
then
six
pence
:
but
if
the
Custome
to
be
paid
exceed
40
s
,
then
full
Fees
.
The
Merchant
shall
pay
for
all
Goods
opening
that
shall
be
short
entred
above
10
s.
Custome
.
The
Merchant
shall
pay
for
weighing
of
all
Goods
shall
be
short
entred
above
20
s.
Custome
.
The
Merchant
is
not
to
be
at
any
charge
if
duly
Entred
.
XIV
.
There
is
likewise
to
be
allowed
to
the
Merchants
a
certain
abatement
called
Tare
,
for
Goods
and
Tare
and
Tret
,
the
first
is
the
weight
of
the
Cask
,
or
Bale
or
Covering
wherein
goods
are
packed
;
the
other
is
a
consideration
allowed
in
the
weight
for
emptying
and
reselling
the
Goods
.
Merchandize
,
the
which
is
reduced
into
a
Table
,
and
cannot
be
deviated
from
in
any
case
within
the
Port
of
London
,
without
special
direction
of
the
Commissioners
or
Farmers
;
or
in
their
absence
of
the
consent
of
the
General
Surveyors
,
and
Surveyor
of
the
Ware-house
,
or
of
two
of
them
at
the
least
,
whereof
the
Surveyor
of
the
Ware-house
to
be
one
;
and
in
the
Out-Ports
not
without
the
consent
and
advice
of
the
Collector
and
Surveyor
:
or
where
there
is
no
Surveyor
,
by
the
Collector
himself
,
giving
speedy
notice
to
the
Commissioners
or
Farmers
of
the
reason
of
so
doing
.
CHAP.
XIV
.
Of
Scavage
,
Package
,
Portecage
,
Ports
,
Members
,
Craks
,
the
Port
of
London
,
and
places
lawful
to
lade
and
unlade
in
.
-
I.
Scavage
what
,
where
payable
,
and
to
whom
.
-
II.
Who
pay
the
same
,
and
how
Regu●…ated
and
governed
.
-
III.
Goods
omitted
in
the
Scavage
Table
of
Rates
,
how
to
pay
.
-
IV.
Of
Package
,
how
govern'd
,
and
where
payable
.
-
V.
Where
Strangers
shall
pay
as
of
old
.
-
VI.
Of
Packers
,
Water-side
Porters
,
what
Duties
Strangers
are
to
pay
for
shipping
out
their
Goods
.
-
VII
.
Of
Ports
,
Members
and
Creeks
,
what
are
meant
and
understood
by
them
as
in
reference
to
action
,
lawful
or
unlawful
.
-
VIII
.
The
several
Ports
,
Members
and
Creeks
in
England
and
Wales
.
-
IX
.
Of
the
Extent
of
the
Port
of
London
.
-
X.
Of
the
several
Keyes
,
Wharfs
and
other
placès
lawfull
for
landing
of
Goods
.
-
XII
.
What
Goods
are
Excepted
which
may
be
shipped
or
landed
at
other
places
.
I.
SCavage
is
an
ancient
Toll
or
Custome
exacted
by
Majors
,
Sheriffs
,
&c.
of
Merchant
Strangers
for
Wares
shewed
or
offered
to
sale
within
their
precincts
,
which
is
prohibited
by
the
Statute
of
19
H.
7.
cap.
8.
in
a
Charter
of
King
Henry
the
Second
to
Canterbury
,
it
is
written
Scewinga
.
The
City
of
London
still
retain
the
Custome
,
of
which
in
an
old
printed
Book
of
the
Customes
of
London
it
is
there
mentioned
,
and
how
to
be
disposed
;
of
which
Custome
,
halfen
del
apperteyneth
to
the
Sherriffs
,
and
the
other
halfen
del
to
the
Nostys
,
in
whose
houses
the
Merchants
boen
lodged
:
And
it
is
to
wet
that
Scavage
is
the
shew
,
by
cause
that
Merchants
shewen
unto
the
Sherriffs
Merchandizes
of
the
which
Customes
ought
to
be
taken
ore
that
any
there
be
sold
,
&c.
The
Scavage
that
is
taken
consists
of
two
parts
,
that
which
is
payable
by
Denizens
,
and
that
which
is
required
of
Aliens
:
And
that
all
persons
subject
to
such
22
H.
8.
cap.
8.
Duties
might
not
be
imposed
upon
,
there
are
Tables
mentioning
the
particular
Duties
set
up
and
approved
by
the
Lords
Chancellor
,
Treasurer
,
President
,
Privy
Seal
,
Steward
,
and
two
Justices
of
the
Kings-Bench
and
Common-Pleas
;
and
by
them
subscribed
,
or
any
four
of
them
at
least
:
The
which
Duties
are
on
Goods
Inwards
and
Outwards
.
III.
Note
.
All
Goods
mentioned
in
the
Table
of
Per
Order
in
K.
Charles
the
First
,
subscribed
by
William
Lord
Bishop
of
London
,
H
Earl
of
Manchester
,
Lord
C.
J.
Brampston
,
and
Lord
Littleton
.
Scavage
,
and
not
mentioned
in
the
Table
of
Rates
,
shall
pay
after
the
rate
of
one
penny
in
the
pound
,
according
as
they
are
expressed
or
valued
in
his
Majestie
's
Book
of
Rates
,
and
all
others
not
expressed
therein
,
shall
pay
the
same
Rates
according
to
the
true
value
.
Note
.
That
all
private
Baulks
8.
Inches
square
and
upwards
,
are
by
the
23.
Article
annexed
to
the
Book
of
Rates
reputed
Timber
,
and
valued
at
3
d.
the
foot
,
50
Foot
making
one
Load
,
the
value
of
which
is
12
s.
6
d
;
and
the
Subsidy
for
one
Load
⅝
of
one
penny
,
or
one
half
penny
and
half
one
farthing
,
out
of
which
the
5
per
Cent.
is
to
be
deducted
.
IV.
There
is
likewise
another
Duty
called
Package
,
the
which
is
likewise
set
and
rated
in
a
Table
,
and
the
which
is
taken
of
all
the
several
Commodities
therein
mentioned
.
All
Goods
not
mentioned
in
that
Table
are
to
pay
for
Package
Duties
,
after
the
rate
of
one
penny
in
the
pound
,
according
as
they
are
expressed
or
valued
in
his
Majesties
Book
of
Rates
,
and
all
others
not
expressed
therein
shall
pay
the
same
rate
according
to
their
true
value
.
For
every
Entry
in
the
Packer's
Book
for
writing
Bills
to
each
entry
outward
as
usually
they
have
done
,
12
d.
The
Strangers
are
to
pay
the
labouring
Porters
for
making
up
their
Goods
,
at
their
own
charge
,
as
alwayes
they
have
done
.
Strangers
are
likewise
to
pay
the
Water-side
Porters
belonging
to
the
Package
Office
,
such
Fees
and
Duties
for
Landing
and
Shipping
their
Goods
,
as
they
usually
have
done
within
these
10
years
.
The
Packers
Water-side
Porters
have
Tables
of
Duties
for
landing
of
Strangers
Goods
,
and
for
the
shiping
out
their
Goods
;
and
Goods
not
mentioned
in
the
Table
are
to
pay
Portage
Duties
as
other
Goods
do
of
like
Bulk
or
condition
therein
expressed
.
VII
.
Port
or
locus
Publicus
,
are
those
places
to
Portus
qua
publicus
non
solum
mercibus
exonerandis
inservit
sed
ut
naves
ibi
tutum
receptaculum
habeant
,
&
jure
debito
ac
securitate
fruantur
Navigantes
quatenus
innocuum
iter
et
stationem
quaerunt
.
Hinc
Portus
&
Navalia
Privilegio
pacis
publicae
guadent
.
arg.
1.
Leg.
1.
§.
stationem
D.
de
flum
.
Cap.
2.
jur.
Nautic
.
Sued
.
C.
1.
§.
1.
4
H.
4.
20.
〈◊〉
which
the
Officers
of
the
Customes
are
appropriated
,
and
which
contain
and
include
all
the
Priviledges
and
guidance
of
all
Members
and
Creeks
thereunto
allotted
.
By
Members
,
are
those
places
where
anciently
a
Custome-House
hath
been
kept
,
and
Officers
or
their
Deputies
attending
,
and
are
lawful
places
of
Exportation
or
Importation
.
Creeks
are
places
where
commonly
Officers
are
or
have
been
placed
by
way
of
prevention
,
not
out
of
duty
or
right
of
attendance
,
and
are
not
lawful
places
of
Exportation
or
Importation
without
particular
Licence
or
sufferance
from
the
Port
or
Member
under
which
it
is
placed
.
VIII
.
The
several
Ports
and
Members
as
now
they
Portus
est
conclusus
locus
quo
importantur
merces
&
exportantur
l.
59.
de
verb.
Sign
.
Alias
statio
,
quod
ibi
tuto
naves
stare
possint
,
leg
.
1.
§.
13.
D.
de
flum
.
account
at
the
Custome-House
,
are
,
Ports
.
|
Members
.
|
Creeks
.
|
London
|
|
Gravesend
.
|
Ipswich
|
Malden
|
-
Leigh
.
-
Burnham
.
-
West
Mersey
.
|
Colchester
.
|
-
East
Mersey
.
-
Brickley
.
-
Wivenhoe
.
|
|
-
Maintree
.
-
Harwieh
.
|
Yarmouth
.
|
Woodbridge
.
|
|
Alborough
.
|
-
Orford
.
-
Dunwick
.
|
Sowold
.
|
Walderswick
.
|
|
Lestoffe
.
|
Blackney
and
Cley
.
|
|
Lynn
.
|
Wells
.
|
Burnham
.
|
|
-
Hitcham
.
-
Cross
Keyes
.
-
Wisbeech
.
|
Boston
.
|
|
-
Spalding
.
-
Fosdick
.
-
Wainfleet
.
-
Numby
Chappel
.
-
Thetlethorp
.
-
Salt-fleet
.
|
Ports
.
|
Members
.
|
Creeks
.
|
Hull
.
|
Grimsby
.
|
Gainthorpe
.
|
Bridlington
.
|
|
Scarborough
.
|
|
New-Castle
.
|
Whitby
.
|
|
Stockton
.
|
Middlesborough
.
|
Hartlepoole
.
|
|
Sunderland
.
|
|
Sheilds
.
|
|
|
-
Seaton
delaval
.
-
Blith
nooke
.
|
Berwick
.
|
|
-
Aylemouth
.
-
Warnewater
.
-
Holy
Island
.
-
East
Marches
,
containing
the
Coast
of
Northumberland
,
bordering
on
Scotland
.
|
Carlisle
.
|
|
West
Marches
,
containing
the
Coast
of
Cumberland
,
bordering
on
Scotland
.
|
Whitehaven
.
|
-
Workington
.
-
Ravinglas
.
-
Milnthorpe
.
|
Ports
.
|
Members
.
|
Creeks
.
|
Chester
.
|
Lancaster
.
|
-
Pyte
of
Fowdrey
.
-
Graunge
.
|
Boulton
.
|
-
Wyrewater
.
-
Preston
and
Rible
Water
.
|
Liverpoole
.
|
-
Sankey
Bridge
.
-
Fradsham
.
-
South
shoare
of
the
River
of
Mersey
to
the
Red
Stones
.
|
|
-
Hilbree
.
-
Dawpoole
.
-
Neston
.
-
Burtonhead
.
-
Baghill
.
-
Mostin
.
|
Aberconway
.
|
|
Bewmaris
.
|
-
Holy-head
.
-
Amlogh
.
|
Carnarvan
.
|
-
Pulhelly
.
-
Barmouth
.
|
Ports
.
|
Members
.
|
Creeks
.
|
Milford
.
|
Aberdovy
.
|
Aberustah
.
|
Cardigan
.
|
-
Newport
.
-
Fiscard
.
|
Pembroke
.
|
-
Haverford
West
.
-
Tenby
.
-
Carmarthen
.
-
Lanelthy
.
-
North
Burrys
.
|
Cardiffe
.
|
Swansey
|
-
South
Burrys
.
-
Neath
or
Britton
Ferry
.
-
Newton
.
|
|
-
Aberthaw
.
-
Penarth
.
-
Newport
.
-
Chepstow
.
|
Glocester
|
|
River
Severn
from
Bridge-North
to
King-Road
.
|
Bristol
.
|
|
-
Pill
.
-
Uphill
.
|
Bridgewater
.
|
Minhead
.
|
|
Ports
.
|
Members
.
|
Creeks
.
|
Plymouth
.
|
Padstow
.
|
|
St.
Ives
.
|
|
Pensance
.
|
|
Helford
.
|
|
Falmonth
.
|
-
Penrin
.
-
St.
Mawres
.
-
Truro
.
|
Fowey
.
|
|
Lowe
.
|
|
|
-
Saltash
.
-
Stonehouse
.
-
Cowsland
.
|
Exeter
.
|
Ilfracomb
.
|
|
Barnstable
|
-
Clovelly
.
-
Appledore
.
-
Biddiford
.
|
|
-
Tincomb
.
-
Starrcross
.
-
Beare
and
Seaton
.
-
Topsham
.
-
Pouldram
-
Sydmouth
-
Lympson
-
Exmouth
-
Aylmouth
.
|
Dartmouth
.
|
-
Saltcomb
-
Brixham
-
Torbay
-
Totnes
.
|
Ports
.
|
Members
.
|
Creeks
.
|
Poole
.
|
Lyme
.
|
-
Bridport
.
-
Charmouth
.
|
Weymouth
.
|
-
Portland
.
-
Lulworth
.
|
Southampton
|
|
-
Swanidge
.
-
Wareham
.
|
|
-
Christchurch
.
-
Hinington
.
|
Cowes
.
|
-
Yarmouth
-
Newport
.
|
Portsmouth
.
|
Emsworth
.
|
Chichester
.
|
Arundell
.
|
-
Pagham
Point
.
-
Selsey
.
|
Shorham
|
Brighthempston
.
|
Lewis
.
|
-
New
Haven
.
-
Seaford
.
|
Bemsey
.
|
|
Hastings
.
|
|
Rye
|
-
Winchelsea
.
-
Lyd.
-
Rumney
.
|
Hyth
.
|
|
Ports
.
|
Members
.
|
Creeks
.
|
Sandwich
|
Dover
|
|
|
-
Deale
.
-
Rumsgate
.
-
Marget
.
-
Whitstable
.
|
Feversham
|
|
Milton
.
|
|
Rochester
.
|
Quinborough
.
|
Note
.
All
the
Ports
and
Havens
in
England
are
infra
Corpus
Comit
'
,
and
that
the
Court
of
Admiralty
cannot
hold
Jurisdiction
of
any
thing
done
in
them
.
Hollands
Case
,
Earl
of
Exeter
,
30
H.
6.
And
because
he
held
Plea
in
the
Admiralty
of
a
thing
done
infra
Portum
de
Hull
,
damages
were
recovered
against
him
2000
pounds
.
Vide
Mich.
12
Jac.
C.
B.
Greenway
vers'
Barber
,
Godbolt
260
,
261.
IX
.
In
regard
that
the
Port
of
London
is
of
great
concern
as
in
relation
to
the
Customes
,
the
extent
and
Ad
Portus
instaurationem
quia
publicae
utilitatis
gratia
fit
omnes
subditi
loci
conferre
oper
as
debent
.
l.
7.
C.
de
oper.
pub
.
Portus
intuitu
fluminis
quo
ambitur
,
&
vectigalis
quod
ex
Navium
statione
penditur
,
est
publicus
&
hodie
Regalibus
accensitur
.
§.
2.
Inst.
de
rer.
dio.
l.
4.
§.
D.
de
eod.
c.
un
.
quae
sunt
Rega
.
limits
of
the
same
Port
is
by
the
Exchequer
settled
,
which
is
declared
to
extend
and
be
accounted
,
from
the
Promontory
or
Point
called
North-Foreland
in
the
Isle
of
Thanet
,
and
from
thence
Northward
in
a
supposed
line
,
to
the
opposite
Promontory
or
Point
called
the
Nase
,
beyond
the
Gunfleet
upon
the
Coast
of
Essex
,
and
so
continued
Westward
thorough
the
River
of
Thames
,
and
the
several
Channels
,
Streams
and
Rivers
falling
into
it
,
to
London-Bridge
,
save
the
usual
and
known
right
,
liberty
and
priviledge
to
the
Ports
of
Sandwich
and
Ipswich
,
and
either
of
them
,
and
the
known
Members
thereof
,
and
of
the
Customers
,
Comptrollers
,
Searchers
and
other
Deputies
of
and
within
the
said
Ports
of
Sandwich
and
Ipswich
,
and
the
several
Creeks
,
Harbours
and
Havens
to
them
or
either
of
them
respectively
belonging
within
the
Counties
of
Kent
or
Essex
.
X.
And
in
regard
that
when
Ships
did
come
up
to
the
Port
of
London
,
there
used
to
be
very
great
Frauds
committed
by
a
promiscuous
kind
of
shipping
and
landing
of
Goods
and
Merchandizes
at
several
blind
or
unknown
Wharfes
and
Keyes
,
by
reason
of
which
his
Majesty
was
often
defeated
of
his
Customes
,
it
was
provided
that
a
Commission
might
issue
forth
out
of
the
Exchequer
to
ascertain
all
such
Wharfes
,
Keyes
or
other
places
as
his
Majesty
by
virtue
of
such
Commission
should
appoint
,
in
pursuance
of
which
his
Majesty
hath
been
pleased
to
allow
to
be
lawful
Keyes
,
Whar●…s
and
other
places
for
the
lading
or
landing
of
Goods
,
-
Brewers
Key
.
-
Chesters
Key
.
-
Wooll
Dock
.
-
[
](A51124-e85060-b)*
*
Some
Stairs
on
the
West
side
thereof
is
declared
not
to
be
a
place
for
shiping
or
ladding
of
Goods
.
Custome-House
Key
.
-
Porters
Key
.
-
Bear
Key
.
-
[
](A51124-e85100-b)†
†
Excluding
the
Stairs
there
,
which
are
declared
no
lawful
place
for
shiping
,
or
landing
of
Goods
or
Merchandize
.
Sabbs
Dock
.
-
Wiggons
Key
.
-
Youngs
Key
.
-
Ralphs
Key
.
-
[
](A51124-e85150-b)*
*
The
Stairs
there
declared
unlawful
for
shipping
or
landing
Goods
or
Merchandize
.
Dice
Key
.
-
Smart
Key
,
-
[
](A51124-e85180-b)†
†
The
Staires
there
declared
no
lawful
place
for
shipping
and
landing
of
Goods
and
Merchandizes
.
Somers
Key
,
-
Lyon
Key
,
-
Butolph
Wharfe
,
-
H●…mons
Key
,
-
[
](A51124-e85230-b)*
*
The
Staires
on
the
East
declared
unlawful
for
shipping
or
landing
of
any
Goods
,
&c.
Gaunts
Key
.
-
Cocks
Key
.
One
other
place
betwixt
Cocks
Key
and
Fresh
Wharfe
,
called
part
of
Fresh
Wharfe
,
the
Staires
are
declared
to
be
unlawful
for
shipping
or
landing
of
any
Goods
,
&c.
-
Fresh
Wharfe
.
-
Billingsgate
.
To
be
a
common
open
place
for
the
landing
or
bringing
in
of
Fish
,
Salt
,
Victuals
,
or
Fuel
of
all
sorts
,
and
all
Native
Materials
for
Building
,
and
for
Fruit
(
all
manner
of
Grocery
excepted
)
,
and
for
carrying
out
of
the
same
,
and
for
no
other
Wares
or
Merchandize
.
-
Bridge-House
in
Southwark
,
May
be
allowed
a
place
convenient
for
landing
of
any
kind
of
Corn
bought
or
provided
for
Provision
▪
or
Victualling
of
the
City
of
London
,
and
not
upon
any
private
or
particular
persons
account
,
and
for
no
other
Goods
or
Merchandize
.
XI
.
It
may
be
lawful
for
any
person
to
ship
or
lade
into
any
Ship
or
Vessel
on
the
River
of
Thames
bound
over
Seas
,
Horses
,
Coals
,
Beer
,
Ordinary
Stones
for
Building
.
Fish
taken
by
any
of
his
Majesties
Subjects
,
Corn
or
Grain
,
the
Duties
being
paid
,
and
Cocquets
and
othar
lawful
Warrant
duly
passed
for
the
same
.
So
likewise
Deal
Boards
,
Balks
and
all
sorts
of
Masts
and
Great
Timber
may
be
unshipt
and
laid
on
Land
at
any
place
between
Lyme-house
and
Westminster
,
the
Owner
first
paying
or
compounding
for
the
Customes
,
and
declaring
at
what
place
they
will
land
them
before
he
unships
them
,
and
upon
Licence
had
and
in
the
presence
of
an
Officer
they
may
unlade
them
;
otherwise
they
encur
a
forfeiture
.
CHAP.
XV.
Provisions
and
Allowances
made
notwithstanding
the
several
Clauses
in
the
Acts
for
the
Customes
.
-
I.
Custome
to
be
paid
for
no
more
then
is
landed
;
and
when
Bulk
shall
be
broken
.
-
II.
Of
Goods
Imported
and
Exported
,
what
of
the
Customes
shall
be
repaid
back
,
and
by
whom
;
and
of
the
things
requisite
in
the
same
.
-
III.
Of
Agreement
or
Contracts
made
or
to
be
made
for
the
importing
and
exporting
by
way
of
Composition
ratified
.
-
IV.
What
Allowances
to
be
made
to
the
Exporters
of
Wines
.
-
V.
Of
Exporting
of
Spanish
Wooll
;
where
the
same
may
be
done
.
-
VI.
Of
Currants
Exported
,
what
Allowances
shall
be
made
,
and
to
whom
,
as
well
to
Denizens
as
Forragn●…s
.
-
VII
.
Goods
imported
not
finding
Market
after
a
year
;
Wine
Exported
discharged
of
Custome
.
-
VIII
.
What
Allowances
are
to
be
made
for
Leakage
.
-
IX
.
What
shall
be
accounted
Leakage
.
-
X.
Wines
proving
unmerchantable
,
what
allowances
to
be
made
.
-
XI
.
Tobaccoes
receiving
detriment
or
damage
in
the
Importation
,
what
allowances
to
be
made
.
-
XII
.
Strangers
paying
double
Subsidy
,
where
they
shall
pay
double
Custome
.
-
XIII
.
Of
Times
and
places
lawful
to
unlade
▪
and
Officers
Duties
then
attendant
to
be
present
.
-
XIV
.
York
,
New-Castle
and
Hull
men
where
Custome-free
,
and
for
what
.
-
XV.
Exceter
and
other
Western
men
,
what
Free
Subsidies
shall
be
allowed
in
.
-
XVI
.
Woollen
where
new
or
Old
what
allowances
shall
be
made
in
Custome
or
Subsidy
.
-
XVII
.
Allowances
of
5.
in
the
Hundred
for
all
other
Goods
.
-
XVIII
.
The
Customers
and
other
Officers
Duties
in
reference
to
attend
their
several
Duties
in
the
Customes
.
-
XIX
.
Of
Officers
their
Duties
,
and
the
punishments
where
made
on
complaint
.
-
XX.
The
several
Duties
of
London
how
preserved
.
-
XXI
.
The
like
for
other
Cities
for
those
Duties
granted
or
taken
for
publique
good
uses
.
-
XXII
.
Where
Ships
may
be
visited
,
and
the
Officers
duty
relating
to
the
same
.
-
XXXIII
.
Timber
to
be
rated
,
and
in
what
manner
must
pay
.
-
XXIV
.
Prevention
in
Extortion
of
Customers
and
Officers
,
and
on
what
pains
and
penalties
.
-
XXV
.
Where
Fees
for
Cocquets
and
Certificates
shall
be
paid
altogether
,
and
where
he
shall
detain
his
own
Cocquet
till
the
Vessel
has
broke
ground
.
-
XXVI
.
Where
the
Officers
and
Customers
shall
allow
and
make
good
to
the
Merchants
the
Algiere
Duty
and
all
other
allowances
,
and
no
other
Imposition
or
Duty
required
by
the
Book
of
Rates
,
shall
be
required
or
paid
.
-
XXVII
.
If
Goods
shall
happen
to
be
taken
by
Enemies
or
Pyrats
,
or
wreckt
,
and
what
allowances
shall
be
paid
.
-
XXVIII
.
Ships
of
Warr
and
other
priviledged
Vessels
subject
to
search
.
-
XXIX
.
Of
Allowances
to
be
made
,
and
of
shipping
out
lesser
quantities
then
is
contained
in
the
Certificate
,
what
operation
the
same
hath
.
1.
EVery
Merchant
shall
have
free
liberty
to
break
Bulk
in
any
Port
allowed
by
Law
,
and
to
pay
Vide
Cap.
14.
what
are
lawful
places
of
landing
.
Custome
and
Subsidy
for
no
more
then
he
shall
enter
and
land
;
Provided
that
the
Master
or
Purser
of
every
such
Ship
shall
first
make
declaration
upon
Oath
before
any
two
Principal
Officers
of
the
Port
of
the
true
contents
of
his
Ships
lading
,
and
shall
likewise
after
declare
upon
his
Oath
,
before
the
Customer
,
Collector
,
Comptroler
,
Surveyor
,
or
any
two
of
them
at
the
next
Port
of
this
Kingdome
where
his
Ship
shall
arrive
,
the
Quantity
and
Quality
of
the
Goods
landed
at
the
other
Port
where
Bulk
was
first
broken
,
and
to
whom
they
did
belong
.
A
Merchant
brought
80
Tun
of
Bay
Salt
by
Sea
to
a
Port
in
England
,
and
out
of
that
ship
sold
20
Tun
,
and
discharged
the
same
into
another
Ship
then
riding
at
the
same
Port
,
but
the
20
Tun
were
never
actually
put
on
shoare
,
and
for
the
rest
being
60
Tun
the
Master
agreed
for
the
Customes
and
put
them
on
land
;
and
Coke
12
part
,
fo.
17
,
18.
although
that
that
20
Tun
was
alwayes
water-born
and
never
were
put
on
shoare
,
yet
adjudged
they
ought
to
pay
;
the
reason
was
,
for
the
discharging
them
out
of
the
Ship
,
amounts
as
much
as
to
the
laying
them
on
Land
,
the
same
being
done
in
Port
;
for
otherwise
the
King
would
meerly
be
defrauded
.
But
if
a
Ship
is
carried
in
by
storm
,
and
to
preserve
the
Vessel
part
is
Fogassaes
case
,
Plowden
.
Com.
fo.
9.
landed
before
the
Duty
paid
,
yet
this
will
not
subject
the
same
to
a
forfeiture
.
II.
All
Forraign
Goods
and
Merchandizes
(
except
Wines
,
Currants
and
wrought
Silks
)
first
Imported
,
shall
be
again
Exported
by
any
Merchant
English
within
12
months
,
and
such
Merchant
and
Merchants
as
shall
Export
any
such
Forraign
Goods
or
Merchandizes
(
except
as
before
is
excepted
)
shall
have
allowance
and
be
repaid
by
the
Officer
which
received
the
same
,
the
one
moyety
of
the
Subsidy
which
was
paid
at
the
first
importation
of
such
Goods
or
Merchandizes
,
or
any
part
thereof
,
so
as
due
proof
be
first
made
by
Certificate
from
the
Officers
of
the
due
entry
and
payment
of
the
Custome
and
Subsidy
of
all
such
Forraign
Goods
and
Merchandizes
inwards
with
the
Oath
of
the
Merchants
importing
the
same
,
affirming
the
truth
thereof
,
and
the
name
of
his
Majesties
Searcher
,
or
Under-Searcher
in
the
Port
of
London
,
and
of
the
Searcher
of
any
other
the
out
Ports
,
testifying
the
shipping
thereof
to
be
Exported
;
after
all
which
duly
performed
in
manner
before
expressed
,
the
moyety
of
the
Subsidy
first
paid
inwards
,
shall
without
any
delay
or
reward
be
repaid
unto
such
Merchant
or
Merchants
who
do
export
such
Goods
and
Merchandizes
,
within
one
month
after
demand
thereof
,
as
also
the
whole
additional
duty
of
Silk
,
Linnen
and
Tobacco
as
before
is
directed
.
If
the
Officer
shall
refuse
to
pay
,
(
admitting
there
was
no
Relief
had
by
way
of
complaint
)
whether
the
Merchant
Exporter
may
not
bring
an
Action
against
him
upon
the
Debt
created
in
Law
,
as
he
that
hath
a
14
H.
7.
Tally
may
do
.
III.
And
if
there
be
any
Agreement
now
in
force
,
which
was
formerly
made
by
the
late
Commissioners
of
the
Customes
and
Subsidies
,
with
the
Merchants
Strangers
or
their
Factors
,
or
shall
hereafter
be
made
by
any
Commissioners
or
Farmers
of
the
Customes
and
Subsidies
,
or
any
other
power
(
except
by
consent
of
Parliament
:
)
with
any
Merchant
or
Merchants
Strangers
or
Factors
for
any
Forraign
Goods
and
Merchandizes
,
to
be
brought
into
the
Port
▪
of
London
,
or
any
other
Port
or
Haven
of
this
Kingdome
of
England
,
or
Principality
of
Wales
,
and
to
be
Exported
again
by
way
of
Composition
;
all
other
Merchants
being
his
Majesties
Subjects
shall
be
admitted
into
the
same
Composition
,
and
not
to
be
excluded
from
any
other
priviledge
whatsoever
granted
to
the
stranger
by
any
private
agreement
or
composition
,
under
the
same
Condition
and
with
the
same
Restriction
as
shall
be
made
with
the
Merchant
Stranger
.
IV.
Every
Merchant
as
well
English
as
Stranger
that
shall
ship
and
export
any
kind
of
Wines
which
formerly
have
paid
all
the
duties
of
Tunnage
inwards
,
shall
ha●…e
paid
and
allowed
unto
them
all
the
Duties
of
Tunnage
paid
inward
,
except
to
the
Englishman
20
s.
per
Tun
,
and
the
Stranger
25
s.
per
Tun
,
upon
due
proof
of
the
due
Entry
and
payment
of
Tunnage
inwards
and
of
the
shipping
thereof
to
be
Exported
to
be
made
as
above
.
V.
If
any
Merchant
,
Denizen
or
Stranger
shall
Export
any
Spanish
or
Forraign
Wooll
,
he
shall
have
liberty
12
Car.
2.
Cap.
32.
14
Car.
2.
Cap.
18.
so
to
do
with
this
further
condition
,
That
such
Spanish
or
other
Forraign
Woolls
whatsoever
be
not
Exported
in
any
other
Ship
or
Vessel
whatsoever
,
with
intent
to
be
arrived
beyond
the
Seas
out
of
the
Kingdome
of
England
and
Dominion
of
Wales
,
then
only
in
English
Shipping
,
upon
pain
of
confiscation
.
VI.
Every
Merchant
as
well
English
as
Stranger
,
which
shall
ship
or
Export
any
Currants
which
formerly
were
duly
entred
and
paid
the
Subsidy
and
Custome
inwards
,
shall
have
allowed
and
repaid
unto
them
respectively
all
the
Custome
and
Subsidy
paid
inwards
for
the
same
,
except
1
s.
6
d.
for
every
Hundred
weight
to
the
English
,
and
1
s.
8
d.
and
one
half
penny
for
every
Hundred
weight
to
the
Stranger
,
upon
due
proof
of
the
due
Entry
and
payment
of
the
Custome
and
Subsidy
thereof
inwards
,
and
of
the
Shipping
thereof
to
be
Exported
to
be
made
as
in
the
second
Article
.
VII
.
If
any
Merchant
having
duly
paid
all
Duties
inwards
for
Forraign
Goods
,
and
in
regard
of
bad
sales
shall
be
enforced
to
keep
the
same
or
any
part
thereof
in
his
hands
after
the
space
of
a
year
shall
be
elapsed
;
in
this
case
he
or
any
other
person
is
to
be
permitted
to
ship
the
same
out
for
parts
beyond
the
Seas
if
they
think
fit
without
payment
for
any
Subsidy
for
the
same
outwards
,
upon
due
proof
that
the
same
was
duly
entred
and
Subsidy
paid
inward
.
VIII
.
Every
Merchant
bringing
in
any
sort
of
Wines
into
this
Kingdome
by
way
of
Merchandize
,
and
shall
make
due
Entries
of
the
same
in
the
Custom-house
,
shall
be
allowed
12
per
Cent.
for
Leakage
.
IX
.
Every
Hogshead
of
Wine
which
shall
be
run
out
and
not
full
seven
Inches
,
shall
be
accounted
for
outs
,
and
the
Merchant
to
pay
no
Subsidy
for
the
same
.
And
by
some
is
conceived
that
no
freight
shall
be
paid
for
the
same
,
but
the
Merchant
may
fling
them
up
to
Boyce
versus
Cole
sen.
&
Cole
jun.
Hill.
27
Car.
2.
in
B.
R.
the
Master
for
Freight
,
but
that
should
seem
hard
for
non
constat
any
fault
in
the
Master
,
but
the
same
may
be
in
the
Cask
,
or
in
the
ill
stowing
(
the
Master
by
custome
having
no
charge
of
the
stowing
of
Wines
,
especially
French
,
but
the
same
belongs
to
certain
Officers
beyond
Seas
from
whence
they
are
imported
)
besides
the
Goods
be
they
empty
or
full
take
up
Tunnage
in
his
Ship
,
and
should
all
the
Wines
a
Shipboard
have
the
same
misfortune
,
it
would
seem
hard
;
however
,
it
is
pity
Opinion
in
this
case
should
amount
to
a
laudable
Custome
.
X.
If
any
Wines
shall
prove
corrupt
and
unmerchantable
,
and
fit
for
nothing
but
to
distil
into
hot
Waters
or
to
make
Vinegar
,
then
every
Owner
of
such
Wines
shall
be
abated
in
the
Subsidy
according
to
such
his
damages
in
those
Wines
by
the
discretion
of
the
Collectors
of
the
Customes
and
one
of
the
Principal
Officers
.
XI
.
If
any
Tobacco
or
other
Goods
or
Merchandize
brought
into
this
Kingdome
shall
receive
any
damage
by
salt
water
or
otherwise
,
so
that
the
Owner
thereof
shall
be
prejudiced
in
the
sale
of
such
Goods
,
the
principal
Officers
of
the
Custome-House
,
or
any
two
of
them
,
whereof
the
Collector
for
the
time
being
to
be
one
,
shall
have
power
to
choose
two
indifferent
Merchants
experienced
in
the
values
of
such
Goods
,
who
upon
visiting
of
such
goods
,
shall
certifie
and
declare
There
is
a
Book
at
the
Custome-House
,
in
which
there
is
a
general
value
set
on
all
Goods
,
amongst
which
Tobacco
is
there
valued
.
upon
their
Corporal
Oaths
first
administred
by
the
said
Officers
,
what
damage
such
Goods
have
received
,
and
are
lessened
in
their
true
value
,
and
according
to
such
damage
in
relation
to
the
Rates
set
on
them
in
the
Book
of
values
,
the
Officers
are
to
make
a
proportionable
abatement
〈◊〉
the
Merchant
or
Owner
,
of
the
Subsidy
due
for
the
same
.
XII
.
All
Merchants
Strangers
who
according
to
Nor
can
such
Merchants
Stranger
land
their
Goods
before
they
have
agreed
for
the
Customes
,
notwithstanding
Charta
Mercatoria
.
the
rates
and
values
set
in
the
general
Book
of
Values
and
Rates
,
and
do
pay
double
Subsidy
for
Lead
,
Ti●…
,
Woollen
Cloth
,
shall
also
pay
double
Custome
for
Native
Manufactures
of
Wooll
;
and
the
said
Strangers
are
to
pay
for
all
other
Goods
as
well
inwards
as
outwards
,
rated
to
pay
the
Subsidy
of
Poundage
,
three
pence
in
the
pound
,
or
any
other
Duty
payable
by
Charta
Mercatoria
,
besides
the
Subsidy
.
XIII
.
That
the
Merchants
Trading
into
the
Port
of
London
have
free
liberty
to
lade
and
unlade
their
Goods
at
any
lawful
Keyes
and
places
of
shipping
[
](A51124-e86520-b)†
†
Vide
Lib.
3.
Chap.
14.
§.
10.
and
lading
of
Goods
between
the
Tower
of
London
,
and
London-Bridge
,
and
between
Sun-rising
and
Sun-setting
from
the
Tenth
day
of
September
,
to
the
Tenth
day
of
March
;
and
between
the
hours
of
Six
of
the
Clock
in
the
Morning
,
and
six
of
the
Clock
in
the
Evening
,
from
the
Tenth
day
of
March
,
to
the
Tenth
of
September
,
giving
notice
thereof
to
the
respective
Officers
appointed
to
attend
the
lading
and
unlading
of
Goods
;
and
such
Officer
as
shall
refuse
upon
due
calling
to
be
p●…sent
,
he
shall
forfeit
for
every
default
5
l.
the
one
〈◊〉
to
the
King
,
the
other
to
the
party
agrieved
,
he
suing
for
the
same
.
XIV
.
The
Merchants
of
York
,
Kingston
upon
Hull
,
and
New-Castle
upon
Tyne
,
and
the
Members
thereof
,
shall
be
allowed
free
Custome
and
Subsidy
two
of
the
Northern
Clothes
and
Kersies
in
ten
to
be
shipped
in
those
Ports
in
the
name
of
Double
Wrappers
,
as
formerly
has
been
there
allowed
them
.
XV.
The
Merchants
of
Exceter
and
other
Western
parts
shall
be
allowed
free
of
Subsidies
one
Perpetanae
in
Ten
for
a
Wrapper
,
and
three
Devons
Dozens
in
Twenty
for
Wrappers
,
the
same
to
be
shipped
out
of
the
Ports
of
Exceter
,
Plymouth
,
Dartmouth
,
Barnstable
,
Lyme
Regis
,
or
the
Members
thereof
.
XVI
.
All
Merchants
Transporting
any
sort
of
Note
.
That
all
these
severall
allowances
are
not
by
Act
of
Parliament
,
but
purely
his
Majesties
gratious
and
voluntary
gift
and
benignity
towards
the
encourageing
the
Merchants
and
Trade
.
Woollen
whether
new
or
old
Drapery
,
as
also
all
Bayes
and
Cottons
,
shall
be
allowed
one
in
ten
for
a
Wrapper
free
of
Custome
and
Subsidy
.
XVII
.
Every
Merchant
shall
be
allowed
upon
all
other
Goods
and
Merchandize
appointed
to
pay
to
any
the
Subsidy
of
Poundage
according
to
the
Rate
in
the
Book
of
Values
,
to
be
Imported
,
5.
in
the
Hundred
of
all
the
said
Subsidies
of
Poundage
so
appointed
to
be
paid
.
XVIII
.
The
Officers
who
sit
above
in
the
Custome-House
of
the
Port
of
London
,
shall
attend
the
service
of
their
several
places
from
9.
to
12
of
the
Forenoon
,
and
one
Officer
or
one
able
Clerk
shall
attend
with
the
Book
in
the
Afternoon
during
such
time
as
the
Officers
are
appointed
to
wait
at
the
Waters
side
,
for
the
better
deciding
of
all
Controversies
that
may
happen
concerning
Merchants
Warrants
,
all
other
the
Officers
of
the
Out-Ports
shall
attend
every
day
in
the
Custome-House
of
every
respective
Port
for
dispatch
of
Merchants
and
Ships
,
between
the
hours
of
9.
and
12
;
and
2.
and
4.
in
the
Afternoon
.
XIX
.
Every
Merchant
making
an
Entry
of
Goods
either
Inwards
or
Outwards
,
shall'be
dispatched
in
such
Order
as
he
cometh
;
and
if
any
Officer
or
his
Clerk
,
shall
either
for
favour
or
reward
put
any
Merchant
or
his
Servant
duly
attending
and
making
his
Entries
as
aforesaid
,
to
draw
any
other
Reward
or
Gratuity
from
him
then
is
limited
in
the
Act
of
Tunnage
and
Poundage
,
and
the
general
Book
of
Values
,
if
the
Master
Officer
be
found
faulty
herein
,
he
shall
upon
complaint
to
the
Chief
Officers
of
the
Custome-House
be
strictly
admonished
of
his
Duty
;
but
if
the
Clerk
be
found
faulty
therein
,
he
shall
upon
complaint
to
the
said
chief
Officers
be
presently
discharged
of
his
Service
,
and
not
permitted
to
sit
any
more
in
the
Custome-House
.
XX.
The
Lord
Major
,
Commonalty
and
Citizens
of
the
City
of
London
,
their
Officers
or
Deputies
for
and
touching
Offices
of
Package
,
Scavage
,
Baleage
or
Portage
of
any
Goods
or
Merchandize
of
Aliens
,
or
their
Sons
born
within
this
Kingdom
or
unfreemen
,
Imported
or
Exported
into
or
out
of
the
City
of
London
or
the
Liberties
or
Ports
thereof
unto
or
from
the
parts
beyond
the
Seas
,
for
or
concerning
the
receiving
or
taking
of
any
Fee
or
Rates
heretofore
usually
taken
,
for
or
in
respect
of
the
said
Offices
,
or
any
of
them
might
and
may
receive
and
take
the
same
,
any
thing
in
the
ACT
of
Tunnage
and
Poundage
,
or
any
other
Act
or
thing
to
the
contrary
notwithstanding
.
XXI
.
All
ancient
Duties
heretofore
lawfully
taken
by
any
City
or
Town
Corporate
their
Farmers
,
Deputies
or
Officers
,
under
the
name
of
Town
Custome
or
the
like
,
for
the
maintenance
of
Bridges
,
Keyes
,
Harbours
,
Wharfes
or
the
like
,
shall
and
may
be
received
and
enjoyed
as
formerly
,
any
thing
in
the
said
Act
,
or
any
other
Act
to
the
contrary
in
any
wise
non
obstante
.
XXII
.
The
Under-Searcher
or
other
Officers
of
Gravesend
have
power
to
visit
and
search
any
Ship
outward
bound
,
but
shall
not
without
just
and
reasonable
cause
detain
any
Ship
under
colour
of
searching
the
Goods
therein
laden
above
3.
Tydes
after
her
arrival
at
Gravesend
,
under
pain
of
loss
of
their
Office
,
and
rendring
damage
to
the
Merchant
and
Owner
of
the
Ship
,
and
the
Searcher
or
Officer
of
the
Custome-House
in
any
of
the
out-Ports
having
power
to
search
and
visit
any
Ship
outward
bound
,
shall
not
without
just
and
reasonable
cause
detain
such
Ship
under
colour
of
searching
the
Goods
therein
laden
above
one
Tyde
after
the
said
Ship
is
fully
laden
and
ready
to
set
sayl
,
under
pain
of
loss
of
the
Office
of
such
offender
,
and
rendring
damage
to
the
Merchant
and
Owner
of
the
Ship
.
XXIII
.
All
Timber
in
balks
which
shall
be
of
8.
inches
square
or
upwards
that
shall
be
imported
or
brought
from
any
part
beyond
the
Seas
into
the
Realm
of
England
,
Dominion
of
Wales
,
Port
and
Town
of
Berwick
,
or
any
of
them
,
shall
be
rated
according
to
the
measure
of
Timber
the
foot
square
3.
d.
for
the
value
thereof
,
and
according
to
that
rate
shall
pay
for
Subsidy
12
d.
in
the
pound
according
to
Poundage
;
and
all
under
eight
inches
square
,
and
above
5
inches
square
,
shall
pay
for
Subsidy
according
to
the
Rates
mentioned
in
the
Book
of
Rates
for
middle
Balks
,
and
all
of
5.
inches
square
or
under
shall
pay
according
to
the
rate
of
small
Balkes
.
XXIV
.
For
avoiding
of
all
oppressions
by
any
the
Officers
of
the
Customes
in
any
Port
of
this
Kingdom
,
in
exacting
unreasonable
Fees
from
the
Merchant
by
reason
of
any
Entries
or
otherwise
touching
the
shiping
or
unshipping
of
any
Goods
,
Wares
or
Merchandize
it
is
ordered
,
That
no
Officer
Clerk
or
other
belonging
to
any
Custome-House
whatsoever
,
shall
exact
,
require
or
receive
any
other
or
greater
Fees
of
any
Merchant
or
other
whatsoever
,
then
such
as
are
or
shall
be
established
by
the
Commons
in
Parliament
assembled
;
if
any
Officer
or
other
offend
contrary
to
this
Order
,
he
shall
forfeit
his
Office
and
place
,
and
be
for
ever
after
uncapable
of
any
office
in
the
Custom-House
.
XXV
.
All
Fees
appointed
to
be
paid
unto
the
Customer
,
Comptroler
,
Surveyor
,
or
Surveyor
General
in
the
Port
of
London
,
for
any
Cocquets
or
Certificate
outwards
,
shall
be
paid
altogether
in
one
sum
to
that
Officer
from
whom
the
Merchant
is
to
have
his
Cockquet
or
Certificate
above
in
the
Custom-House
;
and
after
the
Merchant
hath
duly
paid
his
Custome
and
Subsidy
and
other
duties
above
in
the
Custome-house
as
is
appointed
above
by
the
Book
of
Rates
,
he
is
to
be
master
of
and
keep
his
own
Cockquet
or
Certificate
untill
he
shall
ship
out
his
Goods
so
entred
when
as
he
is
to
deliver
the
same
to
the
Head
Searcher
,
or
his
Majesties
Under-Searcher
in
the
Port
of
London
or
other
Ports
,
together
with
the
mark
and
number
of
his
Goods
.
XXVI
.
The
Officers
of
the
Custome-House
for
the
time
being
shall
allow
and
make
unto
all
persons
all
such
Moneys
as
are
or
shall
be
due
unto
them
for
the
half
Subsidy
,
and
also
the
Algier
Duty
of
Forraign
Goods
formerly
Exported
now
due
and
unpaid
.
The
Duties
and
Sums
of
Money
appointed
to
be
paid
by
the
Act
of
Tonnage
and
Poundage
passed
this
Parliament
,
and
by
the
Book
of
Rates
therein
mentioned
,
and
no
other
shall
be
paid
to
his
Majesties
Officers
during
the
continuance
of
the
said
Act
upon
Goods
imported
and
exported
,
any
Law
,
Statute
or
Usage
to
the
contrary
notwithstanding
.
Nevertheless
the
duty
of
Prizage
and
Butlerage
,
and
the
duty
of
12
d.
of
every
Chaldron
of
Sea-Coal
exported
from
Newcastle
upon
Tyne
to
any
other
Port
or
Ports
of
this
Realm
,
shall
be
continued
.
XXVII
.
If
any
Merchant
Denizen
born
shall
happen
to
have
his
Goods
and
Merchandize
taken
by
Enemies
27
Ed.
3.
Cap.
13.
12
Car.
2.
Cap.
4.
or
Pyrats
at
Sea
,
or
perished
in
any
Ship
or
Ships
,
the
duties
being
either
p●…id
or
agreed
for
,
upon
due
proof
thereof
may
ship
out
of
the
same
Port
the
like
quantity
as
shall
amount
unto
the
Custome
without
paying
of
any
thing
for
the
same
.
If
the
Importer
shall
pay
ready
money
,
he
shall
be
allowed
10
per
Cent.
for
so
much
as
he
shall
pay
down
.
XXVIII
.
Ships
of
Warr
may
be
entred
and
searched
14
Car.
2.
Cap.
11.
for
prohibited
and
uncustomed
Goods
,
and
to
bring
them
a
shoar
to
the
Kings
Ware-houses
,
and
the
Commissioners
or
Head
Officers
may
leave
aboard
Officers
to
look
after
them
,
that
none
be
unladen
or
imbezelled
,
on
pain
of
forfeiturc
of
100
l.
And
if
Goods
are
concealed
a
shipboard
after
such
time
as
the
Ship
is
cleared
,
to
forfeit
100
l
;
and
then
any
with
a
Writ
of
Assistance
out
of
the
Court
of
Exchequer
to
go
in
the
day
time
to
any
place
,
and
enter
and
seize
.
Goods
conveyed
secretly
into
Ships
and
carried
away
without
paying
the
Subsidy
and
Duties
,
the
Owners
and
Proprieters
forfeit
the
double
value
,
except
Coals
,
which
only
forfeit
the
double
Custome
and
Duty
.
XXIX
.
There
are
allowances
to
be
given
Merchants
for
defective
and
damag'd
Goods
of
5
per
Cent.
on
all
Goods
imported
,
and
12
per
Cent.
on
all
Wines
to
be
allowed
upon
debentures
;
but
if
they
shall
ship
out
less
then
is
in
the
Certificate
,
then
the
Goods
therein
mentioned
or
the
value
thereof
shall
be
forfeited
,
and
the
Owner
or
Merchant
shall
lose
the
benefit
of
receiving
back
any
of
the
Subsidy
:
and
Goods
shipped
out
are
not
to
be
landed
again
in
England
,
on
pain
of
forfeiture
of
those
Goods
.
All
Goods
coming
out
of
or
carried
into
Scotland
by
Land
,
shall
pass
thorough
Berwick
or
Carlisle
,
and
pay
Customes
as
others
,
on
pain
of
forfeiture
.
And
although
that
by
this
Act
there
are
many
allowances
to
be
made
,
especially
Merchants
Denizens
,
yet
the
Parliament
have
ever
been
so
careful
as
to
bound
the
same
,
that
is
,
it
shall
be
to
such
who
Trafick
in
Ships
,
(
which
are
indeed
the
Bul
work
of
this
Isle
;
)
and
therefore
if
such
Merchandize
shall
be
Transported
out
in
any
Gally
or
Carrack
,
they
are
obliged
to
pay
all
manner
of
Customs
;
and
all
manner
of
Subsidies
,
as
any
Alien
▪
but
in
regard
that
Herring
and
Fish
are
,
and
have
been
accounted
one
of
the
principal
Commodities
,
and
generally
finds
a
vent
or
Market
in
those
Kingdoms
and
Countries
that
usually
imploy
such
sort
of
Vessels
,
those
Commodities
may
be
Transported
in
them
as
well
as
Ships
from
any
Port
,
or
Harbour
within
this
Realm
,
without
paying
any
Subsidy
or
poundage
for
the
same
;
but
then
such
Fish
must
be
taken
by
the
Natives
of
the
Kingdom
and
Transported
by
them
,
otherwise
to
pay
as
Aliens
.
And
whereas
all
manner
of
Woollen
Cloaths
,
as
well
White
as
Coloured
,
unrowed
,
unbarbed
,
and
unshorne
,
and
not
fully
dressed
,
are
prohibited
by
Law
[
](A51124-e87440-b)†
†
Per
Letters
Patents
bearing
Date
24.
of
Feb.
27
Car.
2.
to
be
Transported
.
His
Majesty
was
gratiously
pleased
to
Grant
unto
Frances
Countess
of
Portland
as
well
for
her
Alliance
in
blood
,
as
also
for
the
many
Crosses
and
Calamities
which
she
hath
suffered
by
the
loss
and
Death
of
her
nearest
Relations
,
in
his
Majesty
and
his
Royal
Fathers
Service
,
full
power
for
one
and
thirty
years
,
to
Licence
the
Transporting
of
such
goods
,
Non
obstante
such
prohibitory
Laws
,
the
which
is
now
put
in
Execution
by
agreement
,
and
Composition
with
her
Deputies
at
the
Custome
House
.
CHAP.
XVI
.
Of
the
Right
of
Passage
,
of
imposing
on
the
Persons
and
Goods
of
Strangers
for
passage
thorough
the
Seas
.
-
I.
Of
the
Right
of
harmless
Utility
excepted
tacitly
in
the
primitive
dominion
of
things
.
-
II.
Where
Passage
ought
to
be
open
,
and
where
the
same
might
be
implicitly
provided
for
in
the
first
institution
of
Property
,
and
under
what
Cautions
.
-
III.
Of
the
same
right
as
in
reference
to
Goods
and
Merchandize
.
-
IV.
If
Passage
admitted
,
whether
Tribute
or
Toll
may
be
imposed
.
-
V.
Where
Imposition
may
lawfully
be
laid
,
and
for
what
causes
;
And
of
the
Kings
Prerogative
in
that
Point
.
I.
HAving
in
the
foregoing
Three
Chapters
observed
somewhat
of
Customes
and
Impositions
laid
de
facto
within
the
Realm
,
and
that
by
Acts
of
Parliament
,
or
the
consent
of
the
Three
Estates
,
it
may
not
seem
amiss
to
enquire
what
Imposition
the
King
of
his
Prerogative
may
impose
on
Strangers
and
their
Goods
passing
thorough
his
Territories
and
Seas
;
and
in
that
to
enquire
of
the
same
as
in
reference
to
Persons
and
Goods
.
Beside
the
right
of
necessity
which
seems
to
be
excepted
in
the
first
Institution
of
Dominion
,
there
is
another
Relique
of
old
Communion
,
namely
,
the
Right
of
harmless
Utility
;
For
why
should
not
one
(
saith
[
](A51124-e87690-b)*
*
De
Offic.
1.
Cicero
)
when
without
his
own
detriment
he
may
communicate
to
another
in
those
things
that
are
profitable
to
the
Receiver
,
and
to
the
Giver
not
chargeable
.
Therefore
Seneca
[
](A51124-e87720-b)†
†
De
Benef.
4.
Symps.
7.
saith
it
cannot
be
called
a
benefit
to
give
leave
to
another
to
light
his
Fire
by
yours
.
We
read
in
Plutarch
it
is
not
lawful
to
spoyl
our
Victuals
when
we
have
more
then
enough
,
nor
to
stop
nor
hide
a
Fountain
when
we
have
drunk
our
fill
;
nor
to
abolish
the
Way
marks
either
by
Sea
or
Land
which
have
been
useful
to
us
:
So
a
River
as
a
River
is
proper
to
that
Prince
or
that
Lord
,
or
that
People
within
whose
Dominion
or
Royalty
it
runs
,
and
they
may
make
a
Mill
on
it
,
(
unless
it
be
Common
as
a
High-way
)
and
may
Leg.
quaeda●…
D.
de
rer.
divis
.
take
what
Fish
the
River
yields
,
but
the
same
River
as
a
running
Water
remained
common
as
to
drinking
or
drawing
of
it
,
notwithstanding
as
to
the
Fishing
and
the
like
it
may
be
peculiar
.
II.
Again
,
Lands
,
Rivers
,
nay
if
any
part
of
the
Sea
be
come
into
the
Dominion
or
Property
of
any
People
,
it
ought
to
be
open
to
those
that
have
need
of
Passage
for
just
causes
,
namely
,
being
expelled
by
force
out
of
their
own
Country
they
seek
void
places
,
Bald.
3.
cons.
293.
or
because
they
desire
Commerce
with
remote
Nations
;
The
reason
here
is
the
same
which
hath
been
mentioned
[
](A51124-e87800-b)*
*
Lib.
1.
Cap.
1.
elsewhere
,
because
Dominion
might
be
introduced
with
a
reception
of
such
use
[
](A51124-e87810-b)†
†
§.
3.
&
4.
Serv.
ad
.
7.
Aen.
littusque
〈◊〉
innocuum
cujus
vindicatio
,
ait
,
Nulli
possit
nocere
.
which
profits
these
,
and
hurts
not
those
,
and
therefore
the
Authors
of
Dominion
are
to
be
supposed
willing
rather
to
have
it
so
,
then
that
such
a
restriction
which
perhaps
in
the
end
may
destroy
Society
:
however
this
hath
its
quantum
,
for
though
harmless
Passage
may
be
excepted
in
the
first
Institution
of
Dominion
;
yet
that
is
to
be
understood
when
leave
is
granted
:
and
though
fear
of
the
multitude
which
is
to
pass
cannot
take
away
that
Prince
his
Right
thorough
whose
Territories
or
Seas
they
go
;
yet
it
follows
Plutarch
relates
,
That
Cymon
going
to
ayd
the
Lacedemonians
▪
led
his
Army
▪
thorough
Corinth
,
being
reprehended
by
the
Corinthians
for
not
asking
leave
of
the
City
:
Nam
et
qui
fores
alienas
puls●…t
,
non
intrare
nisi
domini
permissu
:
ac
vos
inquit
,
Cleoneorum
&
Megarensium
fores
non
pulsastis
sed
perfregistis
,
consentes
omnia
patere
d●…bere
plus
valentibus
.
However
Passage
is
and
must
be
requested
;
But
in
lieu
of
that
,
the
striking
of
the
Flagg
,
and
lowring
the
Topsail
is
in
token
of
that
Right
due
to
His
Majestie
in
the
Brittish
Seas
.
as
naturall
that
in
the
Institution
of
such
liberty
that
Prince
or
People
may
provide
,
and
if
they
have
any
probable
or
any
reasonable
cause
interdict
their
passage
till
security
or
Hostages
are
pledged
for
their
peaceable
passage
,
nay
without
declaring
their
reason
may
interdict
them
absolutely
any
manner
of
passage
,
if
there
be
any
other
way
to
pass
in
safety
;
And
therefore
at
this
day
by
the
Laws
of
England
,
the
King
may
interdict
any
Nation
or
People
whatsoever
to
pass
through
his
Seas
without
leave
first
obtained
to
that
purpose
,
and
Vide
Lib.
1.
Chap.
4.
Vide
Mr.
Selden
Mare
Clausum
.
may
visit
all
Ships
,
be
they
of
War
or
of
Trafick
that
shall
occur
or
be
in
the
same
.
III.
Nor
is
passage
onely
due
to
Persons
but
to
Merchandize
also
,
for
no
man
hath
Right
[
](A51124-e87950-b)†
†
That
is
by
the
Lawes
of
Nature
,
but
the
Lawes
of
Nations
and
those
of
Countries
may
.
willfully
to
obstruct
the
way
of
Commerce
to
any
Nation
with
any
other
that
is
remote
;
because
the
permission
of
Trade
is
for
the
interest
of
humane
Society
,
and
is
not
discommodious
to
any
one
,
and
to
that
purpose
Philo
speaks
;
[
](A51124-e87970-b)*
*
In
Legat
Cajum
.
On
the
Sea
all
Ships
of
burden
safely
pass
according
to
that
right
of
Commerce
which
is
between
all
Nations
arising
from
the
desire
of
Natural
Society
,
while
they
supply
one
Quomodo
autem
satis
digne
quis
explicet
facilitatem
ad
mutua
Commercia
,
nobis
datam
?
Ne
enim
itineris
longitudo
impedimentum
aliorum
ad
alios
commetatibus
ad
ferret
,
breviorum
viam
,
mare
scilicet
,
ubique
terrarum
disposuit
Deus
,
ad
mundum
tanquam
unum
domum
communiter
inhabitantes
crebro
nos
invicem
inviserimu●…
;
&
apud
se
nata
quisque
alteri
communicans
vicissim
,
commode
acciperet
res
apud
illum
abundantes
;
ac
sic
exiguam
tenens
terrae
partem
,
ita
tanquam
si
teneret
universam
,
frueretnr
ejus
quae
uibis
sunt
bonis
.
Licet
itaque
;
nunc
tanquam
in
communi
mensa
convivarum
unicuique
ea
quae
sibi
opposita
dare
alteri
longius
accumbenti
,
ac
contra
quae
apud
ipsum
sunt
accipere
mann
tantum
extenta
.
another
mutually
which
the
one
wanteth
,
and
the
other
can
spare
;
for
envy
hath
never
invaded
either
the
whole
world
,
or
the
greater
parts
thereof
.
And
Plutarch
speaking
thus
of
the
Sea
,
This
Element
hath
made
our
life
sociable
and
perfect
,
that
otherwise
would
be
wild
and
without
correspondence
;
it
supplyes
our
wants
with
mutual
ayd
,
and
by
exchange
of
things
needful
it
procures
fellowship
and
friendship
.
And
the
wisdom
of
God
is
highly
to
be
admired
,
who
hath
not
granted
all
things
to
every
Land
,
but
hath
distributed
his
gifts
to
several
Countries
,
that
men
having
need
of
one
another
might
maintain
Society
for
their
Common
good
,
therefore
hath
he
endowed
Man
with
knowledge
and
understanding
to
invent
and
build
Ships
,
to
govern
and
guide
them
by
those
Lamps
of
Heaven
and
other
Instruments
of
his
Divine
Wisdome
,
enabling
thereby
the
Merchant
to
convey
to
all
what
any
place
affords
:
according
to
that
of
the
Poet
,
What
Nature
any
Land
denyed
,
By
Navigation
is
supplyed
.
But
as
the
Sea
is
free
and
open
for
Traders
,
yet
nevertheless
the
Passengers
are
subject
to
such
Restrictions
,
Laws
and
Ordinances
as
those
Soveraign
Princes
shall
make
of
force
in
those
places
where
they
have
an
accession
of
Property
or
Soveraignty
.
IV.
But
admitting
that
such
free
Passage
may
be
granted
as
above
,
whether
Tribute
may
be
imposed
by
him
that
Rules
the
Land
,
upon
Merchandize
passing
by
Land
or
by
River
,
or
by
part
of
the
Sea
,
which
may
be
called
an
Accession
of
the
Land
,
(
that
is
,
the
place
thorough
which
they
pass
,
is
as
much
under
the
absolute
Jurisdiction
of
the
Prince
,
as
the
very
Land
it self
;
)
Certainly
whatsoever
Burdens
have
no
relation
to
the
Merchandise
,
no
equity
suffers
the
same
to
be
imposed
Vide
Strabo
,
lib.
8.
&
lib.
16.
on
the
same
;
neither
can
Poll-money
put
on
the
Inhabitants
to
sustain
the
Charge
of
the
Commonwealth
,
be
exacted
of
Passengers
.
V.
Nevertheless
,
if
either
to
secure
the
Passengers
Goods
and
Vessels
from
Pyrats
and
others
,
or
for
the
Erecting
of
Beacons
,
Light-Houses
and
other
Sea-Marks
,
and
such
like
,
[
](A51124-e88100-b)*
*
13
H.
4.
fo.
14.
there
indeed
some
compensation
may
be
laid
upon
the
Commodities
or
Ships
passing
thorough
,
so
that
the
measure
of
the
cause
be
not
exceeded
;
Or
as
my
Lord
Coke
observes
in
the
case
of
the
Halage
money
,
[
](A51124-e88120-b)†
†
Lib.
5.
fo.
63.
Case
of
the
Chamberlain
of
London
.
it
be
reasonable
;
for
upon
that
depends
the
Justness
of
Tributes
and
Toll
:
And
upon
those
Reasons
the
Venetian
in
the
Hadriatique
,
the
King
of
Denmark
in
the
Baltique
Sea
,
does
demand
the
same
;
Vide
the
Plea
of
the
Venetian
Lawyers
at
the
end
of
Mr.
Selden's
Mare
Clausum
.
And
the
King
of
England
may
do
the
like
in
the
Chambers
of
his
Empire
,
and
that
by
his
Prerogative
;
for
the
same
is
not
so
much
compulsory
to
any
to
pay
,
but
to
them
that
will
take
benefit
of
such
accommodation
.
Strabo
relates
,
That
the
Corintbians
even
from
the
most
ancient
of
times
received
Tribute
of
the
Commodities
,
Pereg.
l.
1.
de
jure
Fisci
,
Cap.
1.
num.
●…7
.
which
to
avoid
the
compassing
of
Malea
were
carried
by
Land
from
Sea
to
Sea
.
So
the
Romans
received
a
price
for
the
passage
of
the
Rhine
.
But
this
Right
of
imposing
on
Ships
and
Goods
passing
thorough
some
Territories
is
found
cruel
,
especially
when
they
must
pass
thorough
the
Territories
of
a
powerful
and
fierce
People
,
then
it
is
heavy
to
the
Merchant
to
compound
,
for
it
's
often
done
on
hard
and
grievous
terms
.
The
End
of
the
Second
Book
.
CHAP.
I.
Of
Freedom
,
Bondage
,
Slavery
,
Erile
,
and
Abjuration
.
-
I.
Of
Freedom
by
the
Law
of
Nature
,
and
of
Bondage
,
Slavery
,
or
Captivity
introduced
by
the
Law
of
Nations
.
-
II.
Of
the
Actions
that
subject
Man
to
Bondage
.
-
III.
Of
the
Dominion
over
Slaves
,
Bond-men
and
Captives
.
-
IV.
Of
the
Cause
,
or
Reason
of
such
Dominion
.
-
V.
That
this
Right
or
Dominion
,
was
not
a
Law
universal
.
-
VI.
Of
Bondage
or
Slavery
,
where
discontinued
by
the
Christians
,
and
Mahomitans
.
-
VII
.
Of
a
Servitade
at
this
day
,
standing
with
the
Laws
of
a
Christian
Common-wealth
.
-
VIII
Of
Manumission
and
Freedom
by
the
Hebrew
and
Roman
Law
,
and
by
the
Laws
of
England
.
-
IX
.
Of
Disfranchising
the
several
ways
.
-
X.
Of
Abjuration
and
Exile
,
and
what
operation
it
hath
.
-
XI
.
Of
Freedom
in
Cities
and
Corporations
,
in
reference
to
Merchants
,
Traders
and
Foreiners
.
I.
IN
the
primitive
state
of
Nature
,
no
men
were
Servants
;
L.
libertus
§
1.
D.
de
statu
hominum
.
Fiunt
etiam
servi
liberi
homines
Captivitate
de
jure
gentium
.
Bracton
l.
1.
c.
6.
Littleton
Sect.
175.
l.
Postlim
.
§
1.
D.
de
Captiv
.
yet
it
is
not
repugnant
to
natural
Justice
,
that
by
the
Fact
of
man
,
that
is
,
by
Covenant
or
Transgression
,
Servitude
should
come
in
;
therefore
Servitude
is
brought
in
by
the
Laws
of
Nations
.
II.
Hence
it
is
,
That
those
that
will
yield
up
their
persons
,
or
promise
Servitude
,
are
accounted
Slaves
;
so
likewise
all
that
are
taken
in
Publick
War
,
and
brought
within
the
Guards
of
their
Conquerors
;
nor
is
transgression
necessary
,
but
the
Lot
of
all
is
equal
,
after
the
War
is
begun
,
even
of
those
whose
ill
fortune
subjected
them
to
be
deprehended
within
the
Enemies
Bounds
;
nor
are
they
Servants
only
themselves
,
but
all
their
Posterity
for
ever
.
III.
The
Priviledges
of
this
Right
or
Dominion
,
are
infinite
;
L.
&
servorum
§
1.
D.
de
statu
hominum
.
Apud
omnes
peraeque
gentes
,
ait
Cajus
animadvertere
possumus
dominis
in
servos
vitae
necisque
potestatem
fuisse
.
Co.
Instit.
fo.
116.
b.
B.
l.
1.
D.
de
his
qui
sui
sunt
juris
institit
.
de
his
qui
sui
.
since
there
is
no
suffering
which
may
not
be
imposed
on
such
,
nor
work
which
may
not
every
way
be
extorted
from
them
:
So
that
even
the
Cruelty
of
Masters
became
almost
unpunished
,
till
the
Municipal
Laws
of
Countreys
set
Bounds
to
their
rigour
and
power
.
Nor
are
the
persons
become
theirs
only
that
have
the
power
of
them
;
but
also
all
that
they
have
;
for
such
unhappy
persons
can
have
nothing
of
their
own
.
Hence
it
was
,
That
that
excellent
Law
in
favour
of
Leg.
Cornelia
ff.
de
Testam
.
&
Leg.
Cornel.
ff.
de
vulg.
substit
.
such
,
was
introduced
by
the
Romans
,
called
Legis
Corneliae
,
which
was
when
a
Captive
,
intra
presidia
hostium
,
dyed
in
his
Captivity
;
if
he
had
made
a
Will
,
before
his
being
taken
Captive
;
yet
such
a
Captive
should
in
favour
of
such
Will
,
and
for
the
upholding
of
the
same
,
be
feigned
to
be
dead
,
and
in
puncto
temporis
,
immediately
before
such
his
being
taken
Captive
;
and
so
by
that
Legal
Fiction
of
death
,
his
Will
became
firm
and
valid
,
as
if
he
had
really
dyed
without
ever
being
taken
by
the
Enemy
.
So
likewise
In
jure
Postliminii
Leg.
retor
.
&
l.
in
bello
.
§
1.
&
l.
bon
ss.
de
Capt.
&
§
4.
D.
quibus
mod.
jus
patr.
solvit
.
And
Fortescue
conceives
,
it
began
ab
homine
&
pro
vito
introducta
〈◊〉
servitus
E●…
libertas
〈◊〉
●…inis
〈◊〉
naturae
quar●…
〈◊〉
ab
homine
〈◊〉
〈◊〉
redire
gli●…t
.
ut
facit
〈◊〉
quod
libertate
naturalis
privatur
.
Cap
42.
if
one
had
been
made
a
Slave
;
yet
if
he
had
returned
out
of
his
Captivity
,
that
for
the
preservation
of
his
Right
and
Propriety
,
he
was
feigned
as
if
he
had
never
been
absent
,
and
was
immediately
redintigrated
into
his
pristine
Estate
and
Condition
.
IV.
Now
all
these
Priviledges
and
Immunities
were
introduced
by
the
Laws
of
Nations
,
for
no
other
reason
,
but
that
their
Captors
,
tempted
by
so
many
Immunities
,
might
willingly
abstain
from
that
cruel
rigour
of
slaying
their
Prisoner
.
Hence
it
is
,
That
the
Captors
Dominion
is
extended
to
the
Children
;
for
should
such
use
their
highest
Right
,
they
would
not
be
born
;
but
Children
that
are
born
before
that
calamity
,
and
were
never
taken
Prisoners
,
are
freed
from
that
unhappy
state
.
V.
Though
this
Dominion
or
Right
was
generally
acquired
in
most
Nations
;
yet
was
not
the
same
a
universal
Law
;
for
amongst
the
Jews
,
refuge
was
granted
to
Servants
who
fell
into
that
calamity
by
no
fault
of
their
own
.
And
the
state
of
Christendome
at
this
day
is
apparent
,
That
Prisoners
taken
in
War
,
do
not
become
perfect
Slaves
,
as
of
old
;
but
only
remain
in
the
Custody
of
the
Captor
,
till
Ransoms
are
paid
,
whose
valuations
are
generally
at
the
pleasure
of
the
Conqueror
;
yet
persons
of
Eminent
Quality
,
as
Generals
,
and
the
like
;
such
persons
,
[
](A51124-e88970-b)*
*
Artic.
of
war
Anno
1673.
for
His
Majesties
Forces
,
Artic.
24.
if
taken
by
a
common
Soldier
,
yet
he
has
no
advantake
by
the
same
;
for
such
a
Captive
is
become
Prisoner
immediately
to
that
Prince
or
State
under
whom
the
Captor
served
:
But
if
it
be
the
Lot
of
an
Inferior
Soldier
to
become
a
Prisoner
of
War
,
he
is
then
become
absolutely
the
Captors
to
dispose
of
;
but
he
wanting
those
necessaries
in
the
Field
for
himself
,
which
he
ought
B●…rt
in
l.
nam
.
&
serv.
D.
de
Reg
gistis
.
to
provide
for
his
Prisoner
,
commonly
waives
that
Interest
,
and
generally
yields
him
up
as
a
Prisoner
of
War
to
be
disposed
of
by
that
Prince
or
State
under
whom
he
served
.
VI.
Slavery
in
Christendome
is
now
become
●…bsolete
;
and
in
these
latter
ages
the
minds
of
Princes
and
States
having
as
it
were
universally
agreed
to
esteem
the
words
Slave
,
Bondmen
,
or
Villain
,
barbarous
,
and
not
to
be
used
;
and
that
such
as
are
taken
in
War
between
Christian
Princes
,
In
the
Wars
of
the
French
with
the
Spaniards
in
Italy
,
a
Horseman
was
Ransomed
for
the
4th
of
his
yearly
Pay
.
Vide
Maria
na.
lib.
27
18.
And
in
the
last
Belgick
War
,
the
English
dismist
all
the
Flemings
that
were
taken
in
War
,
as
they
did
the
like
with
those
of
England
An.
167●…/●…
.
Quam
non
sit
ardua
vertus
servitium
fugisse
manu
,
it
is
none
of
the
hardest
Vertues
to
embrace
Death
to
avoid
Slavety
.
should
not
become
Servants
,
nor
be
sold
,
or
forced
to
work
,
or
otherwise
subjected
to
such
servile
things
;
but
remain
till
an
exchange
of
Prisoners
happen
,
or
a
Ransom
paid
,
as
afore
:
Nay
,
the
very
Turks
and
Mahomitans
at
this
day
generally
observe
this
among
themselves
,
not
to
make
Slaves
of
those
of
the
Mahomitan
Religion
,
though
taken
in
War
;
and
that
which
is
most
to
be
admired
,
a
Christian
fallen
into
that
miserable
state
,
renouncing
his
Religion
,
and
becoming
a
Mahomitan
,
immediately
upon
his
Circumcision
,
obtains
his
Freedom
;
with
a
Recompence
:
The
Cruelty
of
those
Infidels
to
those
unhappy
Persons
,
together
with
the
reward
of
renouncing
,
hath
given
cause
to
many
a
brave
Person
to
become
Renegado
;
the
which
being
considered
by
the
Parliament
in
England
,
they
made
a
[
](A51124-e89230-b)*
*
16
,
17.
Car.
2.
Cap.
24.
It
's
expired
;
but
His
Maiesty
is
yet
graciously
pleased
to
consider
the
state
of
his
poor
Subjects
,
and
thereupon
hath
appointed
a
Committee
of
the
Lords
of
the
Privy
Council
,
for
the
managing
of
that
Affair
.
provision
for
such
miserable
Persons
as
should
be
taken
by
Turkish
and
Moorish
Pyrats
.
VII
.
Though
Slavery
and
Bondage
are
now
become
discontinued
,
in
most
parts
of
Christendome
;
yet
there
may
be
a
Servitude
which
may
amount
to
a
labour
or
suffering
equal
to
that
of
Captives
,
the
which
may
be
justifiable
;
for
men
either
through
Poverty
,
and
the
[
](A51124-e89330-b)†
†
Yet
some
of
the
English
Merchants
,
&
others
,
at
the
Canaries
,
do
here
support
this
unnatural
Custom
.
So
likewise
at
Virginia
,
and
other
Plantations
.
like
,
may
oblige
themselves
by
Contract
for
maintenance
to
a
Servitude
that
's
perpetual
,
i.
e.
for
life
,
and
so
for
years
;
but
at
this
day
there
is
no
Contract
of
the
Ancestor
can
oblige
his
Posterity
to
an
Hereditary
Service
;
nor
can
such
as
accept
those
Servants
,
exercise
the
ancient
Right
or
Dominion
over
them
,
no
nor
so
much
as
to
use
an
extraordinary
rigour
,
without
subjecting
themselves
to
the
Law
:
If
an
Eye
or
a
Tooth
had
been
struck
out
injuriously
,
by
Exod.
21.
26
,
27.
the
Hebrew
Law
Freedom
was
immediately
due
;
and
by
the
Greeks
,
if
Servants
had
been
ill
treated
,
it
was
lawful
for
them
to
demand
a
Sale
of
themselves
to
others
.
At
Rome
the
Statues
became
Sanctuaries
for
Servants
to
implore
the
help
of
the
Governours
,
against
rigour
,
hunger
,
or
any
other
intollerable
injury
inflicted
by
their
Masters
;
and
even
in
London
at
this
day
,
Servitude
amongst
the
many
Causes
,
as
not
Inrollment
of
the
Indentures
,
not
Instructing
in
the
Art
,
want
of
necessaries
infra
aetatem
Vide
the
Statute
of
5
Eliz.
who
hath
provided
the
like
remedy
in
other
places
.
14
,
&c.
Cruelty
,
Hunger
,
Rigour
,
immoderate
Correction
,
and
the
like
,
are
Causes
sufficient
on
a
Monstrans
,
or
Petition
to
the
Lord
Mayor
and
Aldermen
,
to
dissolve
the
Contract
,
though
under
Hand
and
Seal
,
and
to
Decree
all
,
or
part
of
the
Dowry
,
or
some
given
(
if
any
)
to
the
Servant
;
and
if
cruelty
hath
been
in
the
case
,
to
expose
the
Master
to
answer
dammage
to
the
Party
Servant
.
VIII
.
Ulpianus
observes
after
,
that
by
the
Laws
of
Nations
Servitude
came
in
,
then
followed
the
benefit
of
Deut.
15.
13.
Manumission
.
By
the
Hebrew
Law
,
after
the
expiration
The
Russians
having
seized
on
the
Countrey
of
Illyria
,
and
made
it
their
own
by
Conquest
,
their
Victory
pleased
them
so
highly
,
that
thereupon
called
themselves
by
a
new
Name
,
Slave
,
which
is
in
their
Language
Glorious
;
but
in
after
time
,
(
that
warmer
Climate
having
thawed
their
Northern
hardness
,
and
not
ripned
their
Wits
)
when
they
were
Conquered
,
the
Italians
in
derision
calling
them
;
(
being
then
their
Bond-men
)
Slaves
.
Sir
Walter
Rawleigh
,
lib.
2.
Cap.
17.
§
8.
of
the
time
agreed
on
,
the
Servant
was
to
be
manumitted
,
and
that
not
without
Gifts
,
like
Londons
Freedom
;
by
the
Custom
of
which
the
Master
is
always
at
the
charge
of
Cloathing
,
and
discharging
the
Chamberlains
Fees
.
By
the
Roman
Law
,
every
Son
was
in
such
subjection
to
his
Father
,
that
before
he
could
be
released
of
this
subjection
,
and
made
Free
,
he
should
by
an
Imaginary
Sale
be
sold
Three
times
by
his
natural
Father
,
to
another
man
,
who
was
called
by
the
Lawyers
Pater
Fiduciarius
;
that
is
,
a
Father
in
Trust
,
and
then
be
bought
again
by
his
natural
Father
,
and
so
manumised
by
him
,
and
then
he
became
Free
:
This
form
of
setting
Free
was
by
them
called
Emancipatio
:
Freedom
.
That
Roman
Darling
was
to
be
obtained
Three
Vide
leg
.
12.
Tabuli
Sigonus
de
jure
Roman
.
l.
1.
Cap.
10.
ways
:
1.
By
Birth
,
[
](A51124-e89690-b)*
*
Justin.
Inst.
l.
1.
tit
.
de
Ingenius
vide
Franc.
Silo
in
Cattilin
ar●…
4.
both
,
or
at
least
one
of
their
Parents
being
Free
;
and
such
were
called
Cives
Originarii
.
2.
By
Gift
and
Co-optation
,
when
the
Freedom
was
bestowed
on
any
Stranger
or
Nation
,
and
they
were
termed
Civitate
Donati
:
And
so
we
read
,
that
Caesar
took
in
whole
Nations
into
the
Freedom
.
Lastly
,
By
Manumission
,
which
was
thus
;
when
as
the
Servant
was
presented
by
his
Master
before
the
Consul
or
Praetor
;
the
Master
laying
his
hand
upon
his
Servants
head
,
used
this
form
of
words
,
hunc
liberum
esse
volo
;
and
with
that
turning
his
Servant
round
,
and
giving
him
a
Cuff
on
the
Ear
,
he
did
emittere
servum
e
manu
:
The
Praetor
laying
then
a
certain
Wand
,
or
Rod
,
called
vindicta
,
Goodwyn
Antique
Rom.
4.
33
,
34.
upon
the
Servants
head
,
replyed
in
this
manner
,
Dico
eum
liberum
esse
more
Queritur
;
then
the
Lictor
or
Serjeant
taking
the
Wand
,
did
strike
the
Servant
on
the
head
,
and
with
his
hand
he
struck
him
on
the
face
,
and
gave
him
a
push
on
the
back
;
and
after
this
he
was
Registred
for
a
Freeman
:
This
being
performed
,
the
Servant
having
his
head
shaven
purposely
at
that
time
,
received
a
Cap
as
a
Token
of
Liberty
.
Tertullian
observes
,
That
at
this
time
of
their
Manumission
,
Tertullian
de
de
resur
.
Car●…
.
the
Servants
received
from
their
Masters
a
white
Garment
,
a
Gold
Ring
,
and
a
new
Name
added
to
their
former
.
By
the
Laws
of
England
,
every
Subject
Born
within
the
Kings
Dominions
,
is
a
Freeman
of
this
Realm
,
as
appears
by
the
Grand
Charter
,
Cap.
14.
yea
,
though
he
be
a
Bond-Slave
to
a
Subject
:
[
](A51124-e89960-b)*
*
As
to
some
things
Vide
postea
§
9.
But
a
Stranger
Born
,
is
no
Free-man
,
Magna
Charta
Cop.
14.
till
the
King
have
made
him
a
Denizon
,
in
whose
Power
alone
,
without
the
help
of
any
other
,
one
may
be
made
Free
.
To
be
a
Freeman
of
the
Realm
,
the
place
of
Birth
,
is
held
more
considerable
than
the
Quality
of
the
Person
:
Yet
by
the
opinion
of
Hussey
Chief
Justice
,
in
1
R.
3.
fo.
4.
And
in
Calvins
Case
of
the
Post
Nati
,
it
is
held
for
Law
,
1
R.
3.
so.
4.
That
if
Ambassadors
of
this
Realm
have
Children
Born
in
France
,
or
else
where
;
the
Father
and
Mother
being
Natural
Born
Subjects
,
the
Children
are
Free
of
the
Realm
of
England
:
But
if
either
the
Father
or
the
Mother
of
such
Children
were
an
Alien
,
then
are
not
those
Children
Free
.
But
the
Law
is
conceived
to
be
otherwise
at
this
day
.
The
Statute
de
Natis
ultra
mare
25
E.
3.
Cap.
declares
,
the
Issue
Born
of
an
English-man
,
upon
an
English-woman
,
shall
be
a
Denizon
;
for
upon
the
Construction
of
Bacons
Case
,
1
Cro.
4.
so.
437.
this
Statute
,
it
has
been
adjudged
more
than
once
,
That
if
an
English-man
marry
a
Foreiner
,
and
has
Issue
by
her
Stephens
Case
2
Car.
in
the
Dutchy
.
Born
beyond
Seas
,
the
Issue
is
a
Natural
Born
Subject
.
IX
.
Disfranchising
by
the
Romans
,
called
Capitis
diminutio
,
was
Three
fold
,
Maxima
,
Media
,
&
Minima
;
the
least
degree
was
,
when
the
Censors
pulled
a
Man
from
a
higher
Tribe
down
to
a
lower
,
and
less
Honourable
;
or
when
by
any
Censure
,
they
disabled
a
man
from
suffraging
or
giving
his
Voice
in
the
publick
Assemblies
;
such
as
were
thus
in
the
last
manner
punished
,
were
termed
Aerarii
,
and
in
aerarios
veluti
,
quia
omnia
alia
jura
Civium
Romanorum
preterquam
tributi
&
aeris
conferendi
amiserunt
.
Gellius
relates
,
A
Geius
Noct.
Artic.
l.
3
c.
17.
That
P.
Scipio
Nascica
,
and
M.
Pompilius
,
being
Censors
,
taking
a
view
of
the
Roman
Knights
,
observed
one
of
them
to
be
mounted
on
a
lean
starvling
Horse
,
himself
being
exceeding
fat
;
whereupon
they
demanded
the
Reason
,
why
his
Horse
was
so
lean
,
himself
being
so
fat
?
his
Answer
was
,
Quoniam
ego
inquit
,
me
curro
;
statius
mens
servus
.
By
the
Ancient
Laws
of
England
,
and
by
the
Great
First
granted
17
Joh.
Reg.
revived
9
H.
3.
and
since
confirmed
above
30
times
.
Charter
,
no
Freeman
shall
be
taken
or
Imprisoned
,
but
by
the
Lawful
Judgment
of
his
Peers
(
that
is
,
by
Jury
,
Peers
for
Peers
,
ordinary
Juries
for
others
who
are
their
Peers
)
or
by
the
Law
of
the
Land
;
which
is
always
understood
by
due
process
of
the
Law
,
and
not
the
Law
of
the
Land
generally
;
for
otherwise
that
would
comprehend
Bond-men
,
(
whom
we
call
Villains
)
who
are
excluded
by
the
word
Liber
;
for
such
Bond-men
might
be
Imprisoned
at
the
pleasure
of
his
Lord
;
but
a
Free-man
neither
could
,
nor
can
,
without
a
just
Cause
;
nor
does
the
Priviledge
extend
to
private
Actions
,
or
Suits
between
Subject
and
Subject
;
but
even
between
the
Sovereign
and
the
Subject
:
Hence
it
is
,
that
if
a
Peer
of
the
Realm
be
Arraigned
at
the
Suit
of
the
King
for
a
Murder
,
he
shall
be
tryed
by
his
[
](A51124-e90530-b)*
*
The
Lord
Morley
and
Monteagles
Case
;
for
the
supposed
Murder
of
one
Hastings
,
15
Car.
2.
Peers
,
that
is
by
the
Nobles
.
But
if
he
be
appealed
of
Murder
upon
the
prosecution
of
a
Subject
,
his
Tryal
shall
be
by
an
ordinary
Jury
of
12
Free-holders
;
10
E.
4.
6.
33
Hen.
8.
Bro.
title
tryals
.
and
as
the
Grand
Charter
did
,
and
does
protect
the
Persons
of
Free-men
;
so
likewise
their
Free-hold
:
For
by
the
same
Charter
it
is
declared
,
That
the
King
,
or
His
Ministers
,
shall
out
no
man
of
his
Free-hold
,
without
reasonable
Judgment
;
and
so
it
was
rul'd
upon
a
Petition
in
Parliament
,
setting
forth
,
that
a
Writ
under
the
Privy
Seal
,
went
to
the
Guardian
of
the
Great
Seal
,
to
cause
Lands
to
be
seized
into
the
Kings
Hands
;
and
that
thereupon
a
Writ
issued
forth
to
the
Escheater
,
to
seize
against
the
form
of
the
Great
Charter
;
upon
debate
of
which
,
the
Party
had
Judgment
to
be
restored
:
the
greatest
,
and
8
Ed.
3.
Rot.
Parl.
m.
7.
most
Explanatory
Act
,
which
succeeded
in
point
of
Confirmation
,
was
that
of
Edward
the
3d.
the
words
are
,
That
no
Man
,
of
what
Estate
or
Condition
soever
he
be
,
28
E.
3.
Cap.
3
shall
be
put
out
of
the
Lands
and
Tenements
,
nor
taken
,
or
imprisoned
,
nor
dis-inherited
,
nor
put
to
death
,
without
he
be
brought
to
answer
by
due
process
of
the
Law
;
that
is
,
by
the
Common
Law
.
2.
Diminutio
media
,
was
an
Exilement
out
of
the
City
,
without
the
loss
of
ones
Freedom
;
the
words
of
the
Judgment
or
Sentence
were
,
Tibi
aquae
&
igni
interdico
.
3.
Diminutio
maxima
,
was
the
loss
both
of
the
City
,
and
the
Freedom
,
and
by
his
Judgment
or
Sentence
was
obliged
and
limited
to
one
peculiar
Countrey
;
all
other
places
in
general
being
forbidden
him
.
Atamen
in
poenae
nomine
lene
fuit
:
Quippe
relegatus
,
non
exul
dicor
in
illo
Ovid.
de
Trist.
li.
2.
Elig
.
There
was
a
Fourth
kind
of
Banishment
,
Disfranchising
,
called
relegatio
;
which
was
the
Exilement
only
for
a
season
,
as
that
of
Ovid's
.
[
](A51124-e90790-b)*
*
Adde
quod
edictum
quamvis
immitte
minaxque
The
Laws
of
England
in
this
matter
have
some
resemblance
with
those
of
the
Romans
;
for
Bracton
observes
4
Distinctions
.
1.
Specialis
,
hoc
est
interdictio
talis
Provinciae
,
Civitatis
,
In
London
the
same
is
done
by
exhibiting
an
Information
in
the
name
of
the
common
Serjeant
,
in
the
Mayors
Court
there
against
any
Citizen
that
shall
justly
deserve
so
great
a
d●…
honour
.
Burgi
aut
Villae
.
2.
Generalis
,
Interdictio
totius
Regni
,
&
aliquando
est
.
3.
Temporaria
,
pro
duobus
,
tribus
,
quatuor
,
aut
pluribus
annis
,
aut
&c.
—
4.
Perpetua
,
pro
termino
vitae
,
&
exilium
est
aliquando
ex
arbitrio
principis
sicut
in
exiliando
Duces
Hertfordiae
,
&
Norfolciae
,
per
Regem
Richardum
Secundum
,
&
aliquando
per
Judicium
Terrae
,
ut
fit
in
Casu
Piers
de
Gaviston
,
&
etiam
in
Casu
Hugonis
de
le
Spencer
Junioris
,
qui
ambo
fuerunt
exilit'
per
Judicium
in
Parliamento
.
So
likewise
was
that
of
the
Banishment
of
the
Earl
of
Clarendon
,
who
dyed
beyond
the
Seas
.
[
](A51124-e91080-b)*
*
17
Car.
2.
Cap.
2.
X.
Abjuration
,
was
also
a
Legal
Exile
,
by
the
Judgment
Mr.
Selden
observes
,
That
in
the
time
of
King
Henry
the
First
,
and
of
other
Kings
,
both
before
and
after
him
,
that
if
any
man
accused
of
a
Capital
Crime
done
at
Sea
,
being
publickly
called
Five
times
by
the
Voice
of
the
Cryer
,
after
so
many
several
days
assigned
,
did
not
make
his
appearance
in
the
Court
of
Admiralty
,
he
was
Banished
out
of
England
;
&
de
mere
appurtenant
ou
Roy
d'Angleterre
,
for
40
years
more
or
less
,
according
to
his
offence
.
Mar.
Claus.
so.
12.
of
the
Common
Law
,
as
also
by
the
Statute
Law
;
and
in
the
Statute
of
Westm
,
the
second
Cap.
35.
He
which
Ravishes
a
Ward
,
and
cannot
render
the
Ward
unmarried
,
or
the
value
of
his
Marriage
,
must
abjure
the
Realm
;
and
this
is
a
General
Exile
:
And
by
the
Statute
made
31
Ed.
1.
Butchers
are
to
be
abjured
the
Town
,
if
they
offend
the
Fourth
time
,
in
selling
measled
Flesh
;
and
this
is
a
Special
Banishment
.
A
man
Exil'd
,
does
forfeit
these
things
.
1.
Hee
looseth
thereby
the
Freedom
and
Liberty
of
the
Nation
out
of
which
he
is
Exiled
.
2.
He
forfeits
his
freedom
in
the
Burrough
or
City
where
he
was
free
;
for
he
which
forfeits
the
Freedom
of
the
whole
Realm
,
forfeits
his
Freedom
in
every
part
.
3.
The
Law
accounts
him
as
one
dead
;
for
his
Heir
34
E.
1●…1
H.
4.
Bulstrod
,
3.
part
188.
may
enter
,
and
so
may
his
Wife
enter
into
her
own
Lands
,
and
may
sue
an
Action
as
a
Feme
sole
.
4.
He
shall
forfeit
those
Lands
which
he
shall
purchase
in
15
E.
3.
Fitzh
.
Petition
pl.
2.
the
Realm
,
during
his
Banishment
;
for
he
during
his
Banishment
,
is
as
much
disabled
to
purchase
,
as
an
Alien
;
for
fit
alienigena
by
his
Banishment
;
and
he
is
observed
to
be
in
a
worse
Condition
than
an
Alien
;
for
he
is
marked
with
Indignatio
principis
.
'T
is
true
,
he
cannot
forfeit
neither
Title
of
Honour
,
nor
Knighthood
,
nor
the
Lands
he
had
before
Exile
,
unless
there
be
special
Sentence
or
Judgment
,
as
that
of
the
Spencers
.
If
the
Father
be
in
Exile
,
this
hinders
not
the
Freedom
of
the
Son
;
for
the
same
is
not
a
thing
descendable
;
for
should
it
be
so
,
then
the
Banishmens
of
the
Father
would
make
a
Forfeiture
of
the
Freedom
;
but
the
Son
has
this
Freedom
by
his
own
Birth
,
as
a
Purchase
,
and
not
by
the
death
of
his
Father
by
descent
:
Like
the
Case
where
J.
S.
hath
many
Children
,
and
then
he
confesseth
himself
a
Villain
to
J.
D.
in
Court
of
Record
;
yet
his
Children
formerly
Born
,
are
Free-men
,
and
no
Villains
;
the
Reason
is
,
because
they
were
Free
by
their
own
Births
;
but
the
Inheritance
is
Inthralled
,
because
it
is
to
come
to
the
Heir
by
descent
.
XI
.
A
Free-man
of
a
City
or
Burrough
,
may
be
made
divers
ways
,
as
my
Lord
Cooke
observes
,
1.
By
Service
.
8.
Re.
fo.
126.
Case
City
of
London
.
2.
By
Birth
,
by
being
the
Son
of
a
Free-man
.
3.
By
Purchase
,
or
Redemption
.
At
Bristol
by
Marriage
.
Sir
John
Davies
in
his
Irish
Reports
,
observes
the
same
Fo.
124
for
Law
.
St.
Paul
was
born
at
Tarsus
in
Cicilia
,
which
was
under
the
obedience
of
the
Romans
;
by
vertue
of
which
he
challenged
the
priviledge
of
a
Roman
Citizen
;
but
it
was
accounted
no
more
than
a
National
Freedom
;
like
that
of
Calvin
,
who
claimed
the
general
Freedom
of
an
English-man
,
being
born
in
Scotland
,
but
under
the
obedience
of
the
King
of
England
;
but
that
Challenge
made
not
St.
Paul
Free
of
the
Private
Customs
,
Priviledges
,
and
Franchises
of
Rome
,
no
more
than
Calvins
Birth
made
him
a
Free
Citizen
of
London
,
to
the
particular
Customs
of
that
City
.
The
King
,
by
his
Letters
Patents
,
cannot
make
one
King
Edward
the
3d.
granted
to
John
Falcount
de
Luca
an
Apothecary
of
the
City
of
London
,
quod
ipse
omnibus
libertatibus
quas
Cives
Civitatis
praedict
habent
in
eadem
Civitate
alibi
infra
Regnum
Angl'
nostrum
habeat
gaudeat
&
utatur
&c.
Rot.
Pat.
32
E
,
3.
In
the
Tower
;
yet
it
was
held
,
That
this
Grant
did
not
make
him
a
Free-man
of
the
City
,
for
it
cannot
be
attained
,
but
by
one
of
those
ways
.
a
Free-man
of
London
;
[
](A51124-e91790-b)†
†
Case
of
the
City
of
London
,
Co.
8.
Report
.
yet
he
may
thereby
make
him
a
Free-man
of
his
Kingdom
.
If
one
be
Born
in
a
City
,
of
Parents
that
are
not
Free
,
the
Child
hereby
is
no
Citizen
by
Birth
;
and
if
one
be
born
of
Free
Parents
out
of
the
place
of
Priviledges
,
as
London
,
&c.
he
yet
is
a
Free-man
by
Birth
;
yet
in
the
Charter
Granted
to
Yarmouth
,
the
words
were
concessimus
Burgensibus
de
magna
Yarmutha
de
Villa
praedict'
Oriundis
,
that
they
should
have
such
and
such
Liberties
:
So
that
Special
words
may
alter
the
Case
.
London
had
many
Royal
Franchises
granted
them
from
time
to
time
,
and
were
often
by
former
Kings
successively
confirmed
,
nor
wanted
they
a
share
when
the
great
Charter
Confirmed
by
Magna
Charta
cap.
9.
Rott
.
Parl.
7.
R.
num.
37.
was
granted
,
to
have
their
ancient
liberties
secured
,
nor
were
the
succeeding
Princes
slack
in
their
Royal
grants
and
confirmations
;
but
especially
Richard
the
Second
,
who
in
Parliament
granted
and
confirmed
to
them
all
their
ancient
customes
and
liberties
,
with
this
clause
Licet
usi
non
fuerint
vel
abusi
fuerint
;
and
notwithstanding
any
Statute
to
the
contrary
,
amongst
the
number
of
their
many
9
E.
2.
cap.
2.
29
E.
3.
cap.
2.
27
E.
3.
cap.
11.
7
H.
4.
cap.
1.
Priviledges
,
the
freedom
of
the
same
was
accounted
of
no
small
importance
,
since
in
divers
Parliaments
it
was
very
much
aimed
at
,
and
endeavoured
to
be
impaired
;
but
at
last
they
obtained
a
most
gracious
and
Royal
Confirmation
in
Parliament
of
their
ancient
liberties
,
amongst
9
H.
4.
this
Act
is
not
printed
.
which
it
is
declared
that
no
Merchant
,
being
a
Stranger
to
the
Liberty
of
the
said
City
,
should
sell
any
Commodities
within
the
Liberty
of
the
said
City
to
other
Merchant-Strangers
;
nor
that
such
Merchant-Stranger
should
buy
of
anyother
Merchant-Stranger
such
Merchandize
,
within
the
Liberty
of
the
said
City
,
without
forfeiture
thereof
;
saving
that
any
Person
,
Lord
,
Knight
,
&c.
may
buy
within
the
Liberties
of
any
Merchant-Stranger
Merchandizes
in
gross
for
their
own
use
,
so
that
they
do
not
sell
them
again
to
any
other
.
And
as
this
City
by
Custom
may
pre-clude
any
Person
,
not
being
free
of
the
same
,
to
sell
in
such
manner
upon
such
pain
;
so
any
other
City
,
which
are
Burroughs
or
Cities
by
prescription
within
this
Realm
,
may
have
the
like
Custom
,
and
the
goods
sould
or
bought
by
such
,
may
be
subjected
to
forfeiture
,
but
the
same
cannot
be
good
by
Charter
or
Grant
.
A
compleat
Free-man
is
such
a
one
as
hath
challenged
his
freedom
,
and
taken
the
Free-mans
Oath
,
and
is
admitted
into
the
Society
and
Fellowship
of
the
Free-men
,
James
Baggs
Co.
11.
Rep.
Citizens
,
and
Burgesses
,
otherwise
he
hath
but
a
bare
right
to
his
freedom
.
CHAP.
II.
Of
Aliens
,
as
in
relation
to
their
Estates
real
and
personal
.
-
I.
Of
an
Alien
his
ability
and
disability
in
the
taking
and
enjoying
of
Estates
real
and
personal
.
-
II.
Of
his
capacity
in
purchasing
,
and
disability
to
transfer
by
an
hereditary
descent
.
-
III.
Of
the
rules
of
descents
,
according
to
the
Laws
of
several
Countreys
.
-
IV.
Of
descents
according
to
the
rules
of
the
Common
Law
of
England
lineal
and
collateral
.
-
V.
Of
Impediments
in
one
that
is
not
the
medius
antecessor
.
-
VI.
Of
Impediments
in
one
that
is
the
medius
antecessor
lineal
and
collateral
.
-
VII
.
Of
the
Statute
of
Natis
ultra
Mare
,
and
of
issues
born
beyond
the
Seas
.
-
VIII
.
The
Lord
Cokes
opinion
,
that
if
an
Allien
has
issue
two
Sons
Denizons
,
the
one
purchases
Lands
,
and
dyes
,
the
other
cannot
inherit
them
,
debated
and
refuted
.
-
IX
.
Of
Foreign
births
,
which
do
not
create
a
disability
.
-
X.
Of
Aliens
not
disabled
by
Law
to
bring
either
real
or
personal
actions
.
-
XI
.
Of
Office
that
must
entitle
the
King
to
an
Aliens
Estate
▪
-
XII
.
Of
some
particular
immunities
and
other
matters
relating
to
an
Alien
.
AN
Alien
is
one
born
in
a
strange
Countrey
,
under
Calvinu●…
case
▪
Go.
lib.
7.
the
obedience
of
a
strange
Prince
and
State
,
and
out
of
the
legeance
of
the
King
of
England
,
and
can
have
no
Yelverton
199
:
real
or
personal
action
for
or
concerning
Lands
;
and
therefore
if
he
purchase
Lands
,
Tenements
,
and
Hereditaments
to
him
and
his
Heirs
,
albeit
he
can
have
no
Heir
,
yet
he
is
of
capacity
to
take
a
fee-simple
,
but
not
to
hold
,
for
the
King
upon
Office
found
shall
have
it
by
his
Prerogative
.
So
it
is
if
he
purchase
Lands
and
dyes
,
the
Law
doth
LordDyer
283.
cast
the
free-hold
and
inheritance
upon
the
King
.
But
if
he
purchase
or
take
a
Lease
for
years
of
a
House
or
Ware-house
,
which
is
for
the
accommodating
him
as
a
Merchant-stranger
,
whose
Prince
or
State
is
in
League
with
ours
,
there
he
may
hold
the
same
,
for
that
the
same
is
incident
to
Commerce
.
And
in
that
case
if
he
departs
and
relinquishes
the
Realm
,
the
King
shall
have
the
same
,
so
it
is
,
if
he
be
no
Merchant
.
The
like
Law
is
if
he
takes
a
Lease
of
Meadows
,
Lands
,
Woods
,
or
Pastures
,
the
King
shall
have
the
same
;
for
the
Law
provides
him
nothing
but
a
habitation
to
Trade
and
Pasce
29
Eliz.
Sir
James
Crofts
case
by
the
Judges
.
traffique
in
as
a
Merchant
.
II.
Though
he
may
take
by
purchase
by
his
own
Contract
,
that
which
he
cannot
retain
against
the
King
,
yet
the
Law
will
not
enable
him
by
an
Act
of
its
own
,
to
transfer
by
hereditary
descent
(
the
Alien
dying
,
his
issue
a
Denizon
born
)
the
Land
will
not
descend
,
or
to
take
by
an
Act
in
Law
,
for
the
Law
Quae
nihil
facit
frustra
will
not
give
him
an
inheritance
or
free-hold
by
an
Act
in
Law
,
for
he
cannot
keep
it
.
Therefore
the
Law
will
not
give
him
-
-
1.
By
discent
.
-
2.
By
courtesey
.
-
3.
By
Dower
.
-
4.
By
Guardianship
.
And
in
respect
of
that
incapacity
he
ressembles
a
Person
Attaint
,
but
with
this
difference
.
The
Law
looks
upon
a
Person
attaint
as
one
that
it
takes
notice
of
,
and
therefore
the
eldest
Son
attainted
over-living
the
Father
,
though
he
shall
not
take
by
descent
in
respect
of
his
disability
,
yet
he
shall
hinder
the
descent
to
the
younger
.
But
if
the
eldest
Son
be
an
Alien
the
Law
takes
no
notice
of
him
,
and
therefore
as
he
shall
not
take
by
descent
,
32
E.
3
▪
Cozinag
.
5.
so
he
shall
not
impede
the
descent
to
the
yonger
Brother
:
As
for
instance
,
if
there
be
three
Brothers
,
the
eldest
an
Alien
,
the
other
two
naturalized
,
and
the
middle
Brother
purchase
,
and
dyes
without
issue
,
the
younger
Brother
shall
have
the
Lands
.
III.
Concerning
the
Rules
of
descents
we
are
not
to
govern
our selves
therein
by
the
general
notions
of
love
or
proximity
of
nature
,
but
by
the
municipal
Ltws
of
the
Countrey
wherein
the
question
ariseth
;
for
the
various
Laws
of
divers
Countreys
have
variously
disposed
the
manner
of
descents
,
even
in
the
same
line
and
degree
of
proximity
:
For
instance
,
the
Father
certainly
is
as
near
of
kin
to
the
Son
,
as
the
Son
is
to
the
Father
,
and
is
nearer
in
proximity
than
a
Brother
,
and
therefore
shall
3
Report
Rat●…
lifts
Case
.
he
preferred
as
next
of
kin
in
administration
to
the
Sons
Estate
.
According
to
the
Jews
,
for
want
of
issue
of
the
Son
,
the
Father
succeeds
,
excluding
the
Brothers
,
and
that
hath
Seldeni
de
successionibus
apud
Heb●…s
cap
,
20.
been
the
use
and
construction
of
the
Jewish
Doctors
upon
numb.
27.
9.
but
the
Mother
was
wholly
excluded
.
2.
According
to
the
provision
of
the
Greeks
for
the
succession
or
exclusion
of
the
Father
,
is
left
doubtful
.
3.
By
the
Roman
or
Civil
Law
,
according
to
the
estimation
of
the
twelve
Tables
,
the
Father
succeeded
in
the
purchase
of
the
Son
for
want
of
issue
of
the
Son
,
under
the
title
proximit
agnato
,
and
so
was
the
use
;
but
my
Lord
Comment.
on
Littleton
fo.
5.
68
tit.
3.
Cook
supposes
the
contrary
.
But
taking
the
whole
Institution
of
Justinian
,
the
Son
8
tit.
1.
de
haeredibus
ab
intestato
venien●…
tibus
.
dying
without
issue
,
his
Brothers
,
Sisters
,
Father
,
or
Mother
do
succeed
him
as
well
to
Land
as
goods
,
in
a
kind
of
Copercenary
.
4.
According
to
the
Laws
of
Normandy
,
(
which
in
some
things
have
a
cognition
with
our
Law
)
his
Brothers
are
Customs
Normand
.
c.
descheancres
.
preferred
before
the
Father
(
if
the
Son
dye
issueless
,
)
but
his
Father
before
his
Uncle
.
5.
According
to
the
Laws
of
England
the
Son
dying
sans
issue
,
or
Brothers
,
or
Sisters
,
the
Father
cannot
succeed
but
it
descends
to
the
Uncle
.
IV.
There
be
two
kinds
of
descents
,
according
to
the
Common
Laws
of
this
Realm
.
-
1.
Lineal
from
the
Father
or
Grand-father
,
to
Son
or
Grand-son
.
-
2.
Collateral
or
transversed
,
as
from
Brother
to
Sister
,
Uncle
to
Nephew
,
and
e
converso
:
And
both
these
again
of
two
sorts
.
-
-
1.
Immediate
,
as
in
lineals
from
Father
to
Son
.
-
2.
Mediate
,
as
in
lineals
from
Grand-father
to
Grand-child
,
Grotius
de
Jure
belli
ac
Pacis
lib.
2.
cap.
7.
where
the
Father
dying
in
the
life
time
of
the
Grand-father
,
is
the
medium
differens
of
the
descent
.
Collateral
as
in
lineal
from
Uncle
to
Nephew
,
or
e
converso
.
And
this
meditae
descent
,
or
meditate
Ancestor
,
though
to
many
purposes
it
be
immediate
;
for
the
Father
dying
in
the
life
of
the
Grand-father
,
the
Son
succeeds
in
point
of
descent
in
the
Lands
immediately
to
the
Grand-father
;
and
in
a
writ
of
Entry
shall
be
supposed
to
be
in
by
the
Grand-father
,
and
not
in
the
post
&
cui
.
This
is
called
a
mediate
descent
,
because
the
Father
is
the
medium
through
whom
the
Son
derives
his
title
to
the
Grand-father
.
In
immediate
descents
there
can
be
no
impediment
,
but
what
arises
in
the
parties
themselves
:
For
instance
,
the
Father
seized
of
Lands
,
the
impediment
that
hinders
the
descent
must
be
in
the
Father
or
Son
,
as
if
either
of
them
attaint
,
or
an
Alien
.
In
mediate
descents
,
a
disability
of
being
an
Alien
or
Attaint
,
in
him
that
is
called
the
medius
antecessor
,
will
disable
a
Person
to
take
by
descent
,
though
he
himself
have
no
such
disability
.
In
lineal
descents
,
if
the
Father
be
Attaint
,
or
an
Alien
,
and
hath
issue
a
Denizon
born
,
and
dye
in
the
life
time
of
the
Grand-father
,
the
Grand-father
dyes
seized
,
the
Son
shall
not
take
,
but
the
Land
shall
escheat
.
In
Collateral
descents
A.
and
B.
brothers
,
A.
is
an
Alien
Dyer
274
▪
Grayes
.
or
attaint
,
has
issue
C.
a
Denizon
born
,
B.
purchases
Lands
and
dyes
without
issue
,
C.
shall
not
inherit
,
because
A.
which
was
the
medius
antecessor
or
medium
differens
,
is
uncapable
.
V.
But
in
any
descents
,
the
impediment
in
an
Ancestor
that
is
not
medius
antecessor
,
from
whom
and
to
whom
will
not
impede
the
discent
.
As
for
instance
,
the
Grand-father
and
Grand-mother
Courtneyes
c.
Com.
Pleas
Coron.
fo.
141.
both
Aliens
,
or
attaint
of
Treason
,
have
issue
,
the
Father
a
Denizon
,
who
hath
issue
the
Son
a
natural
born
subject
,
the
Father
purchases
Lands
,
and
dyes
,
the
Son
shall
be
Heir
to
the
Father
,
notwithstanding
the
disability
of
the
Grand-father
,
(
and
yet
all
the
blood
which
the
Father
hath
is
derived
from
his
disabled
Parents
)
for
they
are
not
medii
antecessores
,
between
the
Father
and
the
Son
,
but
paramont
.
The
Law
does
not
hinder
,
but
that
an
Alien
is
of
the
same
degree
and
relation
of
consanguinity
,
as
natural
born
Subjects
or
Denizons
born
,
the
Son
,
Father
and
Brother
though
Aliens
;
the
Son
,
Father
,
and
Brother
our
Law
takes
notice
of
as
well
as
natural
born
Subjects
,
and
so
it
was
adjudged
,
for
he
shall
be
preferred
in
Administration
,
Michelmas
1
Car.
Cro.
3.
part
Caroons
c.
though
an
Alien
,
as
next
of
Kin.
But
in
cases
of
Inheritance
the
Law
takes
no
notice
of
him
,
and
therefore
as
he
shall
not
take
by
descent
,
so
he
shall
not
impede
the
descent
to
the
younger
Brother
:
As
for
instance
,
A
,
an
Alien
,
B.
and
32
Ed.
3.
tit
.
Cozinage
.
5.
C.
naturalized
by
Act
of
Parliament
,
(
brothers
)
B.
purchases
Lands
and
dyes
sine
prole
,
C.
shall
inherit
,
and
not
A.
A.
an
Alien
,
B.
and
C.
his
Brothers
both
naturalized
by
Act
of
Parliament
,
B.
purchases
Lands
and
d●…es
w●…th
Ramseyes
c.
15.
Car.
11.
in
Com.
Banc.
out
issue
,
the
same
shall
not
come
to
A
,
nor
to
his
issue
though
a
Denizon
,
but
shall
come
to
C.
and
his
issue
;
the
Law
taking
no
notice
of
A.
as
to
impede
the
succession
of
C.
or
his
issue
,
though
it
work
a
consequential
disability
to
bar
the
issue
of
A.
parallel
to
what
the
Law
calls
corruption
of
blood
,
which
is
a
consequent
of
Attainder
.
VI.
Again
in
lineal
descents
,
if
there
be
a
Grandfather
natural
born
Subject
,
Father
an
Alien
,
Son
natural
born
subject
,
the
Father
is
made
Denizon
,
he
shall
not
inherit
the
Grand-father
;
and
if
the
Father
dyes
in
the
life
of
the
Grand-father
,
the
Grand-child
,
though
born
after
the
denization
,
doth
not
remove
neither
the
personal
nor
consequential
impediments
or
incapacity
of
the
Father
.
In
collateral
descents
,
the
Father
a
natural
born
Subject
Godfry
and
Dixons
case
.
Hill.
16.
Iac.
in
B●…R
.
Godbolt
275.
has
issue
two
Sons
Aliens
,
who
are
both
made
Denizons
,
and
dyes
without
issue
,
the
other
shall
not
inherite
him
.
A.
an
Alien
marries
an
English
woman
,
who
is
seized
of
Lands
and
has
issue
,
the
Father
and
Mother
dyes
,
yet
the
issue
may
inherite
the
Mother
,
non
obstante
the
incapacity
of
the
Father
being
an
Alien
.
VII
.
The
Statute
de
Natis
ultra
Mare
,
declares
the
De
Natis
ultra
mare
25
Ed.
3.
issue
born
of
an
English-man
upon
an
English-woman
shall
be
a
Denizon
;
yet
the
construction
has
been
,
though
2
Car.
in
the
Dutchy
in
Stephens
cause
.
an
English
Merchant
marry
a
Forraigner
,
and
has
issue
by
her
born
beyond
the
Seas
,
that
issue
is
a
natural
born
Subject
.
But
if
an
English-woman
go
beyond
the
Sea
,
and
there
16
Car.
1
Cro.
437.
Bacons
case
.
marry
an
Alien
,
and
have
issue
born
beyond
the
Sea
,
that
issue
are
Aliens
.
If
an
English-woman
marries
an
Alien
beyond
the
Seas
,
Prowdes
case
of
Kent
.
and
than
comes
into
England
and
has
issue
,
they
are
not
Aliens
,
but
may
inherit
.
My
Lord
Cook
in
his
Commentaries
on
Littleton
,
seems
to
be
Com.
lit
.
fo.
8.
of
opinion
,
that
if
an
Alien
has
issue
two
Sons
born
in
England
,
one
dying
without
issue
,
the
other
shall
not
inherit
him
.
But
the
Law
is
otherwise
taken
at
this
day
,
as
I
conceive
the
reasons
that
have
been
given
,
are
Per
L.
C.
I.
Hale
in
Ramseye
case
I.
Though
the
descent
from
one
Brother
to
another
Brother
be
a
collateral
descent
,
yet
it
is
an
immediate
descent
,
and
consequently
if
no
disability
or
impediment
can
be
found
in
them
,
no
impediment
in
another
Ancestor
will
hinder
the
descent
between
them
:
That
this
is
an
immediate
descent
appears
,
First
,
In
point
of
pleading
,
one
Brother
shall
derive
himself
as
Heir
to
another
,
without
mentioning
any
other
Ancestor
.
Secondly
,
According
to
the
computation
of
degrees
,
Brother
and
Brother
make
but
one
degree
,
and
the
Brother
is
distant
from
his
Brother
or
Sister
in
the
first
degree
of
consanguinity
and
no
more
,
by
the
Laws
of
England
.
According
to
the
Civil
Law
[
](A51124-e94110-b)*
*
Just.
l.
9.
tit
.
de
gradibus
consanguinitatis
38.
,
Brother
and
Brother
make
but
one
degree
,
for
the
Brother
is
in
the
second
degree
from
the
Brother
,
yet
both
make
but
one
degree
.
According
to
the
Canon
Law
[
](A51124-e94170-b)†
†
Decret.
Gracianii
cap.
35.
quaest.
5.
,
Frater
&
Frater
,
or
Frater
&
Soror
sunt
in
primo
gradu
.
And
therefore
the
Laws
prohibiting
marriage
between
Kindred
in
the
fourth
degree
,
takes
Brother
and
Sister
to
be
the
first
degree
of
the
four
.
The
Laws
of
England
in
computation
of
the
degrees
of
Litt.
sec
20.
31
Ed.
3.
Gard.
116.
Hollands
cause
cited
by
Littleton
.
consanguinity
agrees
with
the
Canon
Law
,
and
reckons
the
Brother
and
Brother
to
be
the
first
degree
.
Herewith
agrees
the
Customs
of
Normandy
[
](A51124-e94300-b)*
*
Servien
in
Comptes
,
degrees
in
line
Collat.
Solenk
,
&c.
,
which
though
in
some
cases
differs
from
the
Laws
of
England
,
yet
herein
and
in
divers
other
particulars
touching
descents
,
they
agree
.
Another
evidence
to
prove
that
the
descent
between
Brother
is
immediate
,
is
this
(
viz.
)
the
descent
between
Brothers
differs
from
all
other
collateral
descents
whatsoever
,
*
Browns
case
Mic.
1656.
B.
R.
Contra
5
E.
6.
Bro.
Admiration
47.
which
prefers
the
Brother
of
the
half
blood
before
the
Mother
.
for
in
other
descents
collateral
the
half
blood
does
inherit
,
but
in
a
descent
between
Brother
the
half
blood
does
impede
the
descent
,
which
argues
that
the
descent
is
immediate
.
The
Uncle
of
the
part
of
the
Father
has
no
more
of
the
blood
of
the
Mother
,
than
the
Brother
by
the
second
venter
,
the
Brother
by
the
second
venter
has
the
immediate
blood
of
the
Father
with
the
Uncle
(
viz.
the
Fathers
Brother
)
has
not
but
only
as
they
meet
in
the
Grand
father
;
the
Brother
of
the
half
blood
is
nearer
of
blood
then
the
Uncle
,
and
therefore
shall
be
preferred
in
Administration
.
It
is
apparent
that
if
in
the
line
between
Brother
and
Brother
,
the
Law
takes
notice
how
the
Father
was
the
medium
thereof
,
the
Brother
of
the
second
venter
should
rather
succeed
the
other
Brother
,
because
he
is
Heir
to
the
Father
,
therefore
in
a
descent
between
Brothers
the
Law
respects
only
the
immediate
relation
of
the
Brothers
as
Brothers
,
and
not
in
respect
of
the
Father
,
though
it
is
true
,
the
foundation
of
their
consanguinity
,
is
in
their
Father
or
Mother
.
Again
,
if
the
Father
,
in
case
of
a
descent
between
Brothers
,
were
such
an
Ancestor
as
the
Law
lookt
upon
as
the
medium
that
derives
the
descent
from
the
one
Brother
to
the
other
,
then
the
Attainder
of
the
Father
would
hinder
the
descent
between
the
Brothers
:
But
the
Attainder
of
the
Father
does
not
hinder
the
descent
between
the
Brothers
,
the
reason
is
,
because
the
Father
is
not
such
a
medium
or
nexus
that
is
look'd
upon
by
the
Law
,
as
the
means
deriving
such
a
descent
between
the
two
Brothers
;
As
for
instance
of
three
cases
,
two
whereof
evince
the
first
preposition
.
(
viz.
)
That
although
the
descent
from
one
Brother
to
another
Brother
,
though
it
be
a
Collateral
descent
,
yet
is
an
immediate
descent
,
and
that
if
no
disability
or
impediment
arises
in
them
,
no
impediment
in
another
Ancestor
will
hinder
them
.
The
younger
Brother
has
issue
,
and
is
attainted
of
Treason
10
Eliz.
Dyer
.
274.
Grayes
case
.
and
dyes
,
the
elder
Brother
has
title
to
a
petition
of
right
,
dyes
sans
issue
without
a
restitution
,
the
younger
Brothers
Son
has
lost
that
title
;
for
though
the
title
were
in
the
Ancestor
that
was
not
attaint
,
yet
his
Father
that
is
the
medium
whereby
he
must
convey
that
title
was
attaint
,
and
so
the
descent
was
obstructed
.
Henry
Courtney
had
issue
Edward
,
and
was
attainted
of
Treason
and
dyed
,
Edward
purchased
Lands
and
dyed
Com.
placit
Coron.
so.
241.
Henry
Courtneys
case
.
without
issue
,
the
Sisters
and
Heirs
of
Henry
were
disabled
to
inherit
Edward
,
yet
neither
Edward
nor
his
Aunts
were
attainted
,
or
their
blood
corrupted
,
yet
because
Henry
was
the
medium
through
whom
the
Aunts
must
derive
their
pedigree
and
consanguinity
to
Edward
,
who
was
attainted
,
the
descent
was
obstructed
till
a
restitution
in
blood
.
But
if
the
Grand-father
,
of
Edward
had
been
attainted
and
not
Henry
,
this
would
not
have
hindred
the
descent
from
Edward
to
the
Aunts
,
because
that
Attainder
had
been
paramount
,
that
consanguinity
which
was
between
Henry
and
his
Sister
,
and
that
is
proved
by
this
third
case
.
William
Hobby
had
issue
Phillip
and
Mary
,
and
was
attainted
of
Treason
and
dyed
,
Phillip
purchases
Lands
,
and
Mich.
40.
41.
Eliz.
ruled
in
the
Exche
.
quer
in
the
case
of
Hobby
.
dyed
without
issue
;
it
was
adjudged
in
that
case
,
that
non
obstante
the
Attainder
of
William
Hobby
,
Mary
should
inherit
,
because
the
descent
and
pedigree
between
Phillip
and
Mary
was
immediate
,
and
the
Law
regards
not
the
disability
of
the
Father
.
If
the
Heir
of
the
part
of
the
Father
be
attaint
,
the
Land
shall
escheat
,
and
shall
never
descend
to
the
Heir
49
E.
3.
12.
par
Tanke
and
Pershay
.
of
the
part
of
the
Mother
;
but
if
the
Son
purchase
Lands
,
and
has
no
kindred
of
the
part
of
the
Father
but
an
Alien
,
it
shall
descend
to
the
Heirs
of
the
part
of
the
Mother
.
IX
.
Those
that
are
born
sub
side
legiantia
obedientia
Domini
Reges
are
not
Aliens
,
and
therefore
those
that
were
born
in
Gascoyne
,
Normandy
,
Acquitaine
,
Turnay
,
Callice
,
Guyan
,
whilst
they
were
under
the
Dominion
of
the
Kings
of
England
,
were
natural
born
Subjects
,
and
Co.
7.
Rep.
21.
Calvins
cast
.
not
Aliens
.
Scotland
is
a
Kingdom
by
union
,
and
therefore
those
that
were
born
in
Scotland
under
the
allegiance
of
the
King
,
as
of
his
Kingdom
of
Scotland
,
before
the
Crown
came
united
,
were
Aliens
born
,
and
such
plea
against
such
Persons
was
a
good
plea
;
but
those
that
were
born
since
the
Crown
of
England
descended
to
King
James
,
are
not
Aliens
,
for
they
were
born
sub
side
legiantia
Domini
Regis
;
so
those
that
are
born
at
this
day
in
Uirginia
,
New
England
,
Barbadoes
,
Jamai●…a
,
or
any
other
of
his
Majesties
Plantations
and
Dominions
,
are
natural
born
Subjects
,
and
not
Aliens
;
so
likewise
those
that
are
born
upon
Sir
John
Burroughs
Soveraignty
of
the
Seas
,
so.
102.
the
King
of
England's
Seas
,
are
not
Aliens
.
X.
But
if
an
Alien
be
made
an
Abbot
,
Prior
,
Bishop
,
or
Dean
,
the
plea
of
an
Alien
we
shall
not
disable
him
to
to
bring
any
real
or
mixt
action
,
concerning
the
possessions
that
he
hold
in
his
politique
capacity
,
because
the
same
is
brought
in
auter
droit
.
The
like
Law
is
for
an
Executor
or
Administrator
,
Pasce
31
Eliz.
C.
B.
because
the
recovery
is
to
anothers
use
.
If
an
action
is
brought
against
an
Alien
,
and
there
is
a
Verdict
and
Judgment
against
him
,
yet
he
may
bring
a
Mich.
6
Jac.
in
C.
B
Brownlow
1.
part
45.
writ
of
Error
and
be
plaintif
there
,
and
that
such
plea
is
not
good
in
that
case
.
Though
an
Alien
may
purchase
and
take
that
which
he
cannot
keep
nor
retain
,
yet
the
Law
hath
provided
a
Mich.
29.
Eliz
▪
in
C.
B.
Gold
Folio
29.
Mich.
30
Eliz.
Coke
5.
part
Pages
cause
fol.
52.
Moore
431.
Walton
v.
Mashum
Dyer
282.
Alien
Stamford
Prerogative
Regis
ca.
18.
fol.
53.
tit
Kings
seizin
,
&c.
Cross
ve
.
Gayer
Cro.
3.
part
so
:
123.
Plowd
.
Com.
477.
mean
of
enquiry
before
he
can
be
devested
of
the
same
,
for
until
Office
be
found
,
the
free-hold
is
in
him
.
And
this
Office
,
which
is
to
gain
to
the
King
a
Fee
or
Free-hold
,
must
be
under
the
Great
Seal
of
England
,
for
a
Commission
under
the
Exchequer
Seal
is
not
sufficient
,
to
entitle
the
King
to
the
Lands
of
an
Alien
born
;
for
the
Commission
is
that
which
gives
a
title
to
the
King
,
for
before
that
the
King
hath
no
title
,
but
in
cases
of
Treason
there
upon
Attainder
,
the
Lands
are
in
the
King
without
Office
;
and
in
that
case
,
to
inform
the
Court
,
a
Commission
may
go
out
under
the
Echequer
Seal
.
XI
.
If
an
Alien
,
and
a
Subject
born
,
purchase
Lands
to
them
,
and
to
their
Heirs
,
they
are
joint
tenants
,
and
shall
join
in
Assize
,
and
the
Survivor
shall
hold
place
till
Office
found
.
By
the
finding
of
this
Office
the
party
is
out
of
possession
,
if
the
same
be
of
Houses
or
Lands
,
or
such
things
as
do
17
E.
3.
fol.
10.
Henry
Hills
cause
.
lye
in
livery
;
but
of
Rents
,
Common
advowsons
,
and
other
Inheritances
incorporeal
which
lye
in
grant
,
the
Alien
is
not
out
of
possession
(
be
they
appendant
or
in
gross
)
therefore
if
an
Information
or
an
Action
be
brought
for
the
same
,
the
party
may
traverse
the
Office
in
that
Court
,
where
the
Action
or
Information
is
brought
for
the
King
.
29
Assize
30
,
32.
32
Assize
Travers
32.
vouched
in
Stamfords
plt
.
fol.
54.
cap.
18.
And
if
the
King
obtains
not
the
possession
within
the
year
after
the
Office
found
,
he
cannot
seize
without
a
scire
facias
.
It
is
not
for
the
Honour
of
the
King
(
an
Alien
purchasing
of
a
Copyhold
)
to
seize
the
same
,
for
that
the
same
is
a
base
tenure
;
and
so
it
was
adjudged
where
a
Copy-hold
was
surrendred
to
J.
S.
in
trust
that
one
Holland
an
Alien
,
should
take
the
profits
thereof
to
his
23
Cdr.
in
B.
R.
Styles
20.
King
vers.
Holland
.
own
use
and
benefit
,
upon
an
Inquisition
taken
,
it
was
adjudged
the
same
was
void
and
should
be
quashed
,
because
the
King
cannot
be
entitled
to
the
Copyhold
Lands
of
an
Alien
,
nor
to
the
use
of
Copyhold
Lands
as
the
principal
case
was
.
An
Alien
Infant
under
the
age
of
21
years
,
cannot
be
a
Merchant
Trader
within
this
Realm
,
nor
can
he
enter
Stat.
14.
Car.
2.
cap.
11.
any
goods
in
his
own
name
at
the
Custom-house
.
If
an
Englishman
shall
go
beyond
the
Seas
,
and
shall
there
become
a
sworn
Subject
to
any
Forraign
Prince
or
State
,
he
shall
be
look'd
upon
in
the
nature
of
an
Alien
,
14
,
15
H.
8.
Cap.
4.
and
shall
pay
such
Impositions
as
Aliens
;
if
he
comes
and
lives
in
England
again
,
he
shall
be
restored
to
his
liberties
.
An
Alien
is
robbed
,
and
then
he
makes
his
Executor
,
Hill.
12
Jac.
Bulstrod
3.
part
fol.
19.
cited
in
St.
Thoma
Walters
case
.
and
dyes
,
and
afterwards
the
goods
are
waift
,
the
Lord
of
the
Franchise
shall
not
have
them
,
but
the
Executors
.
Vide
Stat.
13.
E.
4.
All
personal
actions
he
may
sue
,
as
on
a
Bond
,
so
likewise
Yelverton
199.
Turloote
vers
.
Monson
.
8
Jac.
B.
R.
Moore
4●…1
.
But
yet
Aliens
and
Denizons
are
restrained
by
the
Stat.
of
5
Eliz.
Ca.
to
use
any
Trade
,
not
having
served
seven
years
as
Apprentices
within
the
Realm
.
Vide
the
Statute
what
Trades
Trin.
12.
Car.
1.
at
Sergeants-Inn
in
Fleet-street
by
all
the
Judges
.
Huttons
Reports
fol.
132.
for
words
;
for
the
Common
Law
according
to
the
Laws
of
Nations
protects
Trade
and
Traffique
,
and
not
to
have
the
benefit
of
the
Law
in
such
cases
is
to
deny
Trade
.
CHAP.
III.
Of
Naturalization
and
Denization
.
-
I.
Whether
the
Kings
of
England
can
naturalize
without
Act
of
Parliament
.
-
II.
What
operation
Naturalization
hath
in
reference
to
remove
the
disability
arising
from
themselves
.
-
III.
What
operation
naturalization
,
hath
as
in
reference
to
remove
deffects
arising
from
a
lineal
or
collateral
Ancestor
.
-
IV.
A
Kingdom
conquered
,
and
united
to
the
Crown
of
England
,
whether
by
granting
them
a
power
to
make
Laws
,
can
implicitely
create
in
them
such
a
Soveraignty
,
as
to
impose
on
the
Realm
of
England
.
-
V.
Of
Persons
naturalized
by
a
Kingdom
dependant
,
whether
capable
of
imposing
on
one
that
is
absolute
.
-
VI.
Of
Kingdoms
obtained
by
conquest
,
how
the
Empire
of
the
same
is
acquired
,
and
how
the
Conqueror
succeeds
.
-
VII
.
Ireland
what
condition
it
was
accounted
before
the
Conquest
,
as
in
reference
to
the
Natives
of
the
same
,
and
whether
by
making
it
a
Kingdom
,
they
can
create
a
Forraigner
as
a
natural
born
subject
of
England
.
-
VIII
.
Of
Aliens
,
as
in
reference
to
the
transmission
of
their
Goods
,
&
Chattels
by
the
Laws
of
France
.
-
IX
.
Of
the
Priviledges
the
Kings
of
England
of
old
claimed
,
in
the
Estates
of
Jews
,
dying
comorant
here
,
and
how
the
same
at
this
day
stands
.
-
X.
Of
Persons
born
in
places
annexed
,
or
claimed
by
the
Crown
of
England
how
esteemed
by
the
Laws
of
the
same
.
-
XI
.
Of
Denization
,
and
what
operation
it
hath
according
to
the
Laws
of
England
.
-
XII
.
Where
an
Alien
is
capable
of
Dower
by
the
Laws
of
England
,
and
where
not
,
and
of
the
total
incapacity
of
a
Jew
.
-
XIII
.
Whether
a
Denizon
is
capable
of
the
creation
,
and
retention
of
Honour
,
by
the
Laws
of
England
.
I.
THe
Father
and
the
Mother
are
the
fountain
of
the
blood
natural
,
and
as
it
is
that
that
makes
their
Issue
,
Sons
,
or
Daughters
,
so
it
is
that
that
makes
them
Brothers
and
Sisters
;
but
it
is
the
civil
qualifications
of
the
blood
that
makes
them
inheritable
one
to
the
other
,
and
capable
of
enjoying
the
immunities
and
priviledges
of
the
Kingdom
;
but
that
is
from
another
fountain
,
viz.
The
Law
of
the
Land
,
which
finding
them
legitimate
,
doth
transplant
them
into
the
Civil
rights
of
the
Land
,
by
an
Act
called
Naturalization
;
which
does
superinduce
and
cloath
that
natural
consanguinity
with
a
Civil
hereditary
quality
,
whereby
they
are
enabled
not
only
to
inherit
each
other
,
but
also
to
enjoy
all
the
immunities
and
priviledges
that
meer
natural
born
Subjects
may
,
or
can
challenge
.
II.
According
to
the
Laws
of
Normandy
the
Prince
Servien
lib.
2.
cap.
12.
might
naturalize
;
but
such
naturalization
could
not
divest
the
descent
already
vested
.
But
according
to
our
Law
by
no
way
but
by
Act
of
Parliament
,
and
that
cures
the
defect
as
if
they
had
been
born
in
England
,
and
no
man
shall
be
received
against
an
Act
of
Parliament
to
say
the
contrary
.
Therefore
if
the
Father
an
Alien
has
issue
a
Son
born
here
,
and
then
the
Son
is
naturalized
,
the
Son
shall
inherit
.
If
the
Father
a
natural
born
Subject
has
issue
an
Alien
who
is
naturalized
,
the
Father
dyes
,
the
Son
shall
inherit
.
Com.
Litl
129.
III.
Naturalization
does
remove
all
that
disability
and
incapacity
,
which
is
in
Aliens
in
respect
of
themselves
,
and
so
puts
them
entyrely
in
the
condition
as
if
they
had
been
born
in
England
.
The
Relative
terms
,
as
if
born
in
England
,
is
generally
used
to
supply
the
personal
defect
of
the
parties
naturalized
,
arising
from
their
birth
out
of
England
,
and
therefore
shall
never
be
carryed
to
a
collateral
purpose
,
nor
cures
a
disease
of
another
nature
,
as
half
blood
,
illegitimation
and
the
like
;
but
all
diseases
,
whether
in
the
parties
themselves
,
or
resulting
from
the
Ancestor
,
it
cures
.
Acts
of
Parliament
of
this
nature
may
be
so
pen'd
,
as
to
cure
defects
in
the
Father
or
Ancestor
,
or
in
the
parties
themselves
.
If
restitution
in
blood
be
granted
to
the
Son
by
Act
of
Parliament
,
this
cures
that
disability
that
resulted
from
the
Fathers
Attainder
,
and
that
not
only
to
the
Son
,
but
also
to
the
collateral
Heirs
of
the
Father
;
the
true
reason
of
this
is
,
because
the
corruption
of
the
blood
by
the
Attainder
is
only
of
the
blood
of
the
Father
,
for
the
Sons
blood
or
Coke
3.
Inst.
so.
241.
coliateral
Heir
was
not
at
all
corrupted
;
for
the
scope
of
the
Act
is
taking
notice
of
the
Fathers
Attainder
,
does
intentionally
provide
against
,
and
remove
it
,
for
otherwise
the
same
had
been
useless
.
But
in
naturalization
without
express
words
,
it
takes
no
notice
of
the
defects
in
the
Father
or
other
Ancestor
,
no●…
amoves
them
.
And
therefore
such
Acts
of
Parliament
as
take
no
other
notice
but
of
the
Person
naturalized's
Forreign
birth
,
the
same
cures
not
any
disability
of
transmission
hereditary
between
the
Father
,
Brother
,
or
any
other
Ancestor
,
resulting
from
the
disability
of
them
without
actually
naming
of
them
:
As
for
instance
,
the
Father
an
Alien
the
Son
naturalized
by
Act
of
Parliament
,
the
Father
or
any
other
Ancestor
an
Alien
purchases
Lands
and
dyes
,
the
Son
shall
not
take
by
reason
of
the
disability
in
the
Father
,
but
there
may
be
words
inserted
in
the
Act
that
may
take
away
the
impediment
.
IV.
Those
that
are
born
in
Ireland
,
and
those
that
are
born
in
Scotland
are
all
alike
,
for
their
birth
are
within
the
Kings
Dominions
,
and
they
are
born
under
the
like
subjection
and
obedience
to
the
King
,
and
have
the
like
band
of
allegeance
ad
fidem
Regis
;
yet
if
a
Spaniard
comes
into
Ireland
,
and
by
the
Parliament
is
there
naturalized
,
though
perhaps
this
may
qualifie
and
cloath
him
with
the
title
of
a
natural
born
Subject
of
Ireland
,
yet
it
has
been
conceived
that
it
will
not
make
him
a
natural
born
Subject
of
England
.
For
the
union
of
Ireland
to
that
of
England
;
is
different
from
that
of
Scotland
;
for
the
first
is
dependant
,
as
a
My
Lord
Cook
so
conceives
,
but
Mr.
Selden
denyes
that
ever
there
was
any
such
modus
tenendi
,
but
the
same
is
an
imposter
.
Vide
his
Titles
of
Honour
,
fol.
708.
710
,
718.
to
721.
Kingdom
conquered
,
the
latter
independant
:
Though
Henry
the
II.
after
his
Conquest
of
that
Nation
,
did
remit
over
from
England
the
Ancient
modus
tenendi
Parliamentum
,
enabling
them
to
hold
Parliaments
,
which
after
was
confirmed
by
King
John
;
yet
that
was
by
no
other
sorce
then
bare
Letters
Patents
.
Now
when
a
Nation
is
once
conquered
,
there
remains
no
Law
,
but
that
of
the
Conqueror
;
and
though
he
may
incorporate
such
conquered
Nations
with
his
own
,
and
grant
unto
them
their
ancient
Parliamentary
wayes
of
making
of
Laws
;
yet
the
Conqueror
can
no
wayes
grant
unto
them
a
power
,
by
vertue
of
such
Grant
or
Confirmation
,
as
to
impose
upon
his
own
Countrey
,
for
he
himself
before
such
Conquest
,
could
not
make
a
natural
born
Subject
without
Act
of
Parliament
,
and
most
certainly
his
Conquest
adds
nothing
to
his
power
,
though
it
does
increase
his
Dominion
.
V.
Again
Kingdoms
that
are
absolute
under
one
Prince
,
ad
fidem
Regis
,
there
the
Acts
of
each
other
are
reciprocate
,
and
one
naturalized
by
the
Parliament
of
Scotland
,
is
as
naturalized
in
England
,
because
Scotland
is
a
Kingdom
absolute
;
but
Ireland
is
a
Kingdom
dependant
Selden
.
Tit.
of
Honour
fol.
213.
in
Scotland
,
the
tit
.
is
Carolus
Scotiae
,
Angliae
,
Franciae
,
&
Hyberniae
Rex
;
but
in
Ireland
,
Angliae
,
Scotiae
.
and
subordinate
to
the
Parliament
of
England
,
for
the
Parliament
in
England
can
make
an
Act
to
bind
Ireland
,
but
not
e
converso
.
Now
to
be
a
Native
of
Ireland
,
is
the
same
as
to
be
born
in
Ireland
,
but
that
is
by
the
Laws
of
Ireland
;
but
to
be
born
in
Ireland
,
and
to
be
the
same
as
to
be
born
in
England
,
must
be
by
the
Laws
of
England
:
But
there
is
no
Law
that
hath
enabled
them
with
such
a
power
,
as
to
naturalize
further
then
their
own
Laws
extend
;
but
the
Law
of
Ireland
does
not
extend
in
England
,
therefore
Naturalization
in
Ireland
,
operates
only
in
Ireland
,
because
of
the
failer
of
power
.
VI.
Again
,
Kingdoms
that
are
Conquered
,
the
Empire
of
the
same
may
be
acquired
by
the
Conqueror
,
only
as
it
is
in
a
King
,
or
other
Governour
,
and
then
the
Conqueror
only
succeeds
into
his
right
,
and
no
further
[
](A51124-e97110-b)*
*
From
hence
it
is
that
the
King
at
this
day
cannot
alien
or
sell
Ireland
,
without
an
Act
of
Parliament
,
for
they
whose
right
he
succeeds
could
not
do
it
,
Co.
4.
Institut.
fol.
357.
nor
can
he
grant
,
Portus
Maris
obedientiis
,
advo●…
cationibus
,
&
patronationibus
Ecclesiarum
Metropoliticarum
&
Chathedralum
Cancellar.
Justiciar
.
nor
mero
&
mixto
Imperio
,
and
many
more
,
all
which
are
inseparably
annexed
a
Kingdom
.
,
or
also
as
't
is
in
the
People
,
in
which
case
the
Conqueror
hath
Empire
,
so
as
that
he
may
dispose
of
it
,
or
alienate
it
as
the
People
themselves
might
;
for
't
is
one
thing
to
enquire
of
the
thing
,
another
of
the
manner
of
holding
of
it
,
the
which
are
applicable
not
only
to
corporal
things
,
but
incorporal
also
:
For
as
a
Field
is
a
thing
possessed
,
so
is
a
passage
,
an
Act
,
a
way
;
but
these
things
some
hold
by
a
full
right
of
property
,
others
by
a
right
of
usufructuary
,
others
by
a
temporary
right
.
Again
by
the
will
of
the
Conqueror
,
the
Kingdom
,
or
Republique
that
is
so
conquered
,
may
cease
to
be
a
Kingdom
,
or
Common-wealth
,
either
so
that
it
may
be
an
accession
of
another
Kingdom
,
or
Common-wealth
,
as
the
Roman
Provinces
,
or
that
it
may
no
wayes
add
here
to
any
Kingdom
,
or
Common-wealth
,
as
if
a
King
waging
War
at
his
own
charge
,
so
conquer
and
subject
a
People
to
himself
,
that
he
will
have
them
governed
,
not
for
the
profit
of
the
People
chiefly
,
but
of
the
Governour
,
which
is
a
property
of
that
we
call
Heril
Empire
,
not
of
Civil
;
for
Government
is
either
for
the
profit
of
the
†
Imperium
aliud
est
ob
utilitatem
ejus
qui
Regitur
,
hoc
inter
libe●…s
locum
habet
illud
inter
Dominos
&
servos
,
Arist.
lib.
7.
de
Republica
.
Governour
,
or
for
the
utility
of
the
Governed
,
this
hath
place
among
Free-men
,
that
among
Masters
and
and
Servants
.
The
People
then
that
are
kept
under
such
command
,
will
be
alwayes
for
the
future
not
a
Common-wealth
,
but
a
great
Family
;
hence
it
is
that
we
may
plainly
understand
,
what
kind
of
Empire
is
that
which
is
mixt
of
Civil
and
Heril
,
that
is
,
where
Servitude
is
mixt
,
and
mingled
with
some
personal
Liberty
:
For
if
the
People
are
deprived
of
Armes
,
commanded
to
have
no
Iron
,
for
Agriculture
,
to
change
their
language
,
and
course
of
life
,
and
abstain
from
the
use
of
many
of
their
Customes
,
to
be
confined
[
](A51124-e97200-b)†
†
Case
of
the
Earl
of
Sherewsbury
on
the
Stat.
of
28.
8
of
Absente●…
,
4.
Inst.
prescribes
,
fol.
354.
to
their
own
Houses
,
Castles
,
or
Plantations
,
not
wander
abroad
to
be
governed
by
such
Laws
as
the
Conqueror
should
transmit
to
them
[
](A51124-e97240-b)*
*
Or
else
they
came
to
London
for
them
Cl.
18.
Hen.
3.
m.
17.
Ariovistus
apud
Caesarem
,
jus
esse
belli
ait
,
ut
qui
vicissent
iis
quos
vicissent
quemadmodum
vellent
imperarent
,
de
Bello
Gallico
l.
1.
,
all
which
are
the
tokens
of
a
Nation
by
conquest
made
subordinate
to
the
Conqueror
,
and
are
part
Heril
,
and
part
Civil
,
and
though
they
may
remain
a
Kingdom
,
and
absolute
within
themselves
as
to
the
making
of
Laws
,
to
the
obliging
each
other
,
yet
they
can
no
wayes
impose
on
their
Conqueror
,
for
though
that
be
true
which
in
Quintilian
,
is
alledged
,
on
the
behalf
of
the
Thebanes
,
that
that
only
is
the
Conquerors
which
he
holds
himself
,
but
an
Incorporeal
right
can
not
be
holden
,
and
the
condition
of
an
Heir
,
and
of
a
Conqueror
is
different
,
because
the
right
passeth
to
the
former
by
the
descent
,
but
only
the
thing
by
the
last
by
virtue
of
the
Conquest
.
But
certainly
that
is
no
objection
,
for
he
that
is
master
of
the
Persons
,
is
also
master
of
the
things
,
and
of
all
right
which
does
belong
to
the
Persons
,
for
he
that
is
possessed
,
dot●…
not
†
Leg.
qui
in
servitute
est
de
reg.
Juris
Leg.
si
eveniet
D.
ad
leg
.
Jud.
de
Adult
.
possesse
for
himself
,
nor
hath
he
any
thing
in
his
power
who
hath
not
himself
,
and
so
it
is
,
if
he
leaves
the
right
of
a
Kingdom
to
a
conquered
People
,
he
may
take
to
himself
some
things
which
were
the
Kingdoms
,
for
it
is
at
his
pleasure
to
appoint
,
what
measure
he
will
to
his
own
favour
;
from
hence
it
is
we
may
observe
what
fort
of
Empire
that
Kingdom
is
at
this
day
.
VII
.
Now
Ireland
before
the
same
became
united
to
the
Calvins
case
lib.
7.
fol.
23
:
Crown
by
the
Conquest
of
Henry
the
II.
the
natives
were
meer
Aliens
,
and
out
of
the
protection
of
the
Laws
of
this
Realm
;
yet
when
once
they
became
a
conquered
People
,
and
subject
to
the
Crown
of
England
,
and
united
ad
fidem
Regis
there
did
arise
their
allegeance
,
but
that
union
neither
made
them
capable
of
the
Laws
of
England
,
nor
of
their
own
,
till
such
time
as
the
Conqueror
had
so
declared
them
;
now
what
do
they
desire
in
order
to
revive
their
Government
?
First
,
they
humbly
beg
For
at
a
general
Councel
at
Gassels
of
all
the
Clergy
there
Anno
1170.
Ecclesiastical
Laws
of
England
were
established
,
and
made
of
force
in
Ireland
,
Geraldus
Cambrensis
Tepographia
Hyberniae
,
L.
3.
cap.
18.
of
King
Henry
II.
that
since
he
was
pleased
that
they
should
remain
as
a
distinct
Dominion
,
that
their
ancient
Customes
,
or
Usages
should
not
continue
;
that
he
would
be
pleased
to
ordain
,
that
such
Laws
as
he
had
in
England
[
](A51124-e97480-b)*
*
Pat.
8
E.
1.
〈◊〉
.
13.
Hybern
.
should
be
of
force
,
and
observed
in
Ireland
;
pursuant
to
which
he
grants
them
power
to
hold
Assemblies
by
the
three
Estates
of
the
Realm
,
and
that
they
should
be
regulated
according
to
the
institution
,
and
manner
of
the
Parliaments
in
England
,
should
have
the
benefit
of
Magna
Charta
,
and
other
the
great
Laws
of
England
,
and
by
such
means
puts
them
into
a
method
of
Governing
themselves
,
according
to
the
known
wayes
of
England
,
and
to
make
such
Laws
as
should
bind
among
themselves
;
and
by
following
the
example
of
those
of
England
,
their
Judgment
might
be
supervized
,
and
corrected
†
Mathew
Paris
Hist:
Angl.
p.
121.
leges
Angliae
o●…
omnibus
sunt
gratanter
preceptae
.
according
to
the
Justice
,
and
Laws
of
England
,
by
Writs
of
Error
,
Appeal
,
and
the
like
.
Orucks
case
33.
Eliz.
Cok.
7.
part
fol.
23.
Calvins
case
:
†
Ely
Placita
Parliament
,
p.
198.
to
.
208.
Now
here
is
no
continuing
,
or
reviving
their
Ancient
Government
,
but
the
introducing
a
new
one
,
part
Civil
,
and
part
Heril
;
nor
indeed
had
they
before
any
such
thing
as
a
Parliament
there
,
or
general
Assembly
of
the
three
Estates
;
for
when
Henry
the
II.
went
over
,
there
Sir
John
Da●…s
on
the
Conquest
of
Ireland
103
,
104
,
105.
were
several
Kings
or
Scepts
,
who
had
their
several
and
distinct
Assemblies
;
but
when
they
submitted
,
this
great
Assembly
of
Estates
which
he
constituted
,
was
a
collection
out
of
all
of
them
,
for
their
future
well
Government
;
so
that
whatsoever
modus
of
Regiment
,
the
Conqueror
declared
it
was
no
more
then
for
the
well
Governing
of
the
Place
,
and
making
such
Laws
as
were
necessary
,
and
proper
amongst
themselves
:
But
for
them
to
impose
,
by
vertue
of
an
Act
of
Naturalization
,
upon
an
absolute
Kingdom
as
England
,
without
the
consent
of
the
three
Estates
of
the
same
,
surely
was
never
intended
,
much
less
effected
,
the
case
is
both
great
and
curious
,
therefore
&c.
VIII
.
By
the
Laws
of
France
all
Persons
not
born
under
legeance
of
that
King
,
are
accounted
Aliens
,
and
if
they
dye
,
the
King
is
entitled
to
the
estate
,
for
all
shall
be
seized
into
his
Exchequer
or
Finances
;
but
if
they
make
a
Will
the
prerogative
is
disappointed
:
Yet
that
extends
only
to
Chattels
personal
,
in
which
Strangers
passing
through
the
same
have
greater
immunities
then
Aliens
there
resident
,
for
Travailers
dying
without
Will
,
the
Heirs
or
Executors
shall
have
benefit
and
possession
of
their
Estates
.
IX
.
The
like
Priviledge
the
Kings
of
England
formerly
claimed
in
the
Goods
and
Estates
of
the
Jews
after
their
death
,
if
the
Heir
sued
not
,
and
paid
a
fine
to
the
King
to
enjoy
them
,
as
by
this
Record
appears
.
Irratores
super
sacrum
suum
dicunt
quod
praedictum
Messuagium
fuit
quondam
Eliae
le
Bland
,
qui
&c.
diem
claufit
extremum
,
&
quia
mos
est
Judaeismi
quod
Dominus
Reg:
omnia
,
&
Cattalla
Judaei
mortui
de
jure
dare
poterit
cui
voluerit
,
nisi
propinquer
haeres
ejusdem
Judaei
finem
,
feceret
Escheat
52.
An●…
31.
H.
3.
nu●…
.
pro
eisdem
dicunt
quod
Dominus
Rex
dictum
,
Messuagium
dare
poterit
cui
voluerit
,
sine
injuria
alicui
facienda
,
si
ita
quod
sit
haeres
dicti
Eliae
finem
non
fecerit
,
pro
Catallis
ejusdem
Eliae
habendis
,
&c.
But
whether
the
same
is
now
used
,
may
seem
doubtful
Car●…ones
case
.
Hobbys
case
.
Stephens
case
.
for
the
goods
of
Aliens
escheat
not
at
this
day
to
the
Crown
,
but
Administration
shall
be
committed
to
the
next
of
Kin.
X.
By
the
Laws
of
France
,
Flanders
,
Milan
,
and
the
French
County
of
Savoy
,
though
possessed
by
several
other
Princes
,
yet
the
Natives
of
the
same
partake
in
the
immunities
with
the
natural
born
Subjects
of
France
,
and
if
they
dye
without
Will
,
their
Heirs
claim
their
Estates
;
the
reason
given
,
because
,
say
they
,
those
Countreys
were
never
alienated
from
them
,
but
were
alwayes
annexed
to
the
Crown
of
France
,
who
acknowledges
them
to
be
their
Subjects
to
this
day
.
But
in
England
it
is
otherwise
,
for
those
that
are
born
in
Gascoin
,
Normandy
,
Acquitain
,
and
those
other
Territories
which
were
formerly
the
possessions
of
the
Crown
of
England
,
in
which
if
any
had
been
born
when
subject
to
the
same
,
they
would
have
been
natural
born
Subjects
,
yet
now
are
esteemed
Aliens
;
and
so
was
the
case
vouched
by
Shard
,
of
a
Norman
,
who
had
robbed
together
with
other
English
,
divers
of
his
Majesties
Subjects
in
the
Narrow
Seas
,
being
taken
and
arraigned
,
the
Norman
was
found
guilty
only
of
Fellony
,
and
the
Note
,
this
was
before
the
Statute
of
25.
of
E.
3.
its
vouched
by
Shard
in
40
:
Assize
pl.
24.
see
Calvins
case
7.
Report
.
rest
of
Treason
;
for
that
Normandy
being
lost
by
King
John
was
out
of
the
allegiance
of
Ed.
3.
and
the
Norman
was
accounted
as
an
Alien
.
XI
.
In
France
the
Kings
may
there
Denizize
,
so
likewise
here
in
England
;
but
with
this
difference
,
the
Letters
of
Denization
by
those
of
France
remove
the
totall
disability
,
and
incapacity
of
the
Alien
.
But
in
England
the
Charter
of
Donasion
,
or
Denization
,
is
but
a
temporary
,
partial
,
and
imperfect
amotion
of
the
disability
of
an
Alien
,
for
though
it
puts
the
Person
Indenizen'd
as
to
some
purposes
,
in
the
condition
of
a
Subject
,
and
enables
a
transmission
hereditary
to
his
Children
,
born
after
the
Denization
,
yet
it
does
not
wholly
remove
the
disease
,
or
non-ability
,
as
to
the
points
of
descent
or
hereditary
transmission
,
and
resembles
a
Person
in
case
of
an
Attainder
;
and
therefore
if
he
purchases
Lands
,
and
dyes
without
issue
,
the
Lord
by
Escheat
Ce.
Inst.
1.
fo.
2
:
shall
have
the
Lands
.
And
therefore
in
lineal
descents
,
if
there
be
a
Grand-father
natural
born
Subject
,
Father
an
Alien
,
Son
natural
Subject
,
the
Father
is
made
Denizon
,
he
shall
not
inherit
the
Grand-father
;
and
if
the
Father
dyes
in
the
life
of
the
Grand-father
,
the
Grand-child
,
(
though
born
after
the
Denization
,
)
shall
not
inherit
the
Grand-father
,
for
the
Denization
does
not
remove
,
neither
the
personal
,
nor
the
consequential
impediment
,
or
incapacity
of
the
Father
.
So
likewise
in
Collateral
descents
;
As
for
instance
,
Godfry
&
Dixons
case
.
Hill
16.
Jac.
B.
R.
Godbolt
275.
the
Father
a
Natural
born
Subject
,
has
issue
two
Sons
Aliens
,
who
are
both
made
Denizens
,
and
one
dyes
,
the
other
shall
not
inherit
him
.
XII
.
The
like
Law
in
Dower
,
a
Man
seized
of
Lands
in
Fee
,
and
takes
an
Alien
to
Wife
,
and
then
dyes
,
30
H.
8.
Dyer
44
,
the
Wife
shall
not
be
endowed
:
But
if
the
King
takes
an
Alien
to
Wife
,
and
dyes
,
his
Widdow
Queen
shall
be
endowed
by
the
Law
of
the
Crown
.
Edmund
,
Brother
of
King
Edward
the
I.
married
the
Queen
of
Navarre
,
and
26
Ed.
1.
Rott
:
part.
1.
dyed
,
and
it
was
resolved
by
all
the
Judges
,
that
she
should
be
endowed
of
the
third
part
of
all
the
Lands
,
whereof
her
Husband
was
seized
in
Fee
.
A
Jew
born
in
England
,
takes
to
Wife
a
Jew
born
also
in
England
,
the
Husband
is
converted
to
the
Christian
Faith
,
purchaseth
Lands
,
and
enfeoffeth
another
,
and
1
Dors
claust
H.
3.
Memb.
17.
dyeth
,
the
Wife
brought
a
Writ
of
Dower
,
and
was
barred
of
her
Dower
,
Quia
vero
contra
justitiam
est
quod
ipsa
dotem
petat
,
vel
habeat
de
temento
quod
fuit
viri
sui
ex
quo
in
conversione
sua
noluit
cum
eo
adhaerere
,
&
cum
eo
convert
.
If
an
Alien
be
a
Disseisor
,
and
obtains
Letters
of
Denization
,
and
then
the
Disseisor
release
unto
him
,
the
Co.
1.
Inst.
fo
,
278.
B.
King
shall
not
have
the
Land
;
for
the
release
hath
altered
the
Estate
,
and
it
is
as
it
were
a
new
purchase
,
otherwise
it
is
as
if
the
Alien
had
been
the
feo
ffee
of
the
Deseissee
.
And
though
Aliens
are
enabled
by
Charter
of
Denization
,
to
a
transmission
Hereditary
to
their
posterity
of
Lands
;
yet
a
Denizon
is
not
capable
of
Honour
,
nor
a
transmission
of
the
same
,
without
Naturalization
by
Parliament
;
for
by
the
Charter
of
Denization
he
is
made
,
quasi
seu
tanquam
ligens
,
but
to
be
a
Member
of
Parliament
,
he
must
be
ligens
revera
,
&
non
quasi
,
for
Co.
4.
Inst.
fol:
47.
by
his
becoming
a
Noble-man
,
he
claims
the
place
of
Judicature
in
Parliament
,
the
which
he
cannot
till
naturalized
by
Act
of
Parliament
,
and
then
he
may
claim
as
eligible
to
the
same
,
or
any
other
.
CHAP.
IV.
Of
Aliens
and
Crials
per
meditatem
,
where
allowed
,
and
where
not
.
-
I.
Of
the
manner
of
Aliens
obtaining
Trials
per
medietatem
,
at
the
Common-Law
,
and
of
the
Antiquity
of
the
same
.
-
II.
Of
the
making
the
same
a
Law
universal
within
this
Realm
,
as
to
some
Persons
,
afterwards
general
,
as
to
all
.
-
III.
Of
the
Writ
,
and
some
Observations
on
the
summons
of
such
an
Inquest
.
-
IV.
Of
the
opportunity
lost
,
or
gained
by
praying
this
immunity
.
-
V.
Of
the
awarding
of
Tales
upon
request
on
such
Enquiries
.
-
VI.
Where
this
immunity
does
not
extend
in
Aliens
,
and
where
it
does
in
matters
Civil
,
and
Criminal
.
-
VII
.
Of
the
validity
of
a
witness
Alien
,
and
of
an
Infidel
.
-
VIII
.
The
tittle
of
a
Renegadoe
.
-
IX
.
Of
the
benefit
of
the
Kings
Pardon
,
whether
it
extends
to
an
Alien
whose
abode
is
here
,
but
happens
to
be
absent
at
the
time
of
the
promulging
.
I.
TRiatio
Bilinguis
,
or
per
medietatem
linguae
,
by
the
Common-Law
was
wont
to
be
obtained
by
Grant
of
the
King
,
made
to
any
Company
of
Strangers
,
as
to
the
Society
of
Lumbards
,
or
Almaignes
,
or
to
any
other
Corporation
,
or
Company
;
when
any
of
them
were
impleaded
,
the
moyety
of
the
Enquest
should
be
of
their
Sans.
Pl.
Coron.
lib.
3.
cap.
7.
own
Tongue
;
this
Trial
per
medietatem
in
England
is
of
great
Antiquity
,
for
in
some
cases
Trials
per
medietatem
Lamb●…
fol.
91.
3.
was
before
the
Conquest
,
Viri
duodeni
Jure
Consulti
,
sex
Walliae
totidem
Anglis
,
&
Wallis
jus
dicanto
,
and
as
the
Commentator
observes
,
it
was
called
duodecem
Virale
C●…
.
1.
Just.
155.
Judicium
.
II.
This
immunity
afterwards
being
found
commodious
to
us
Islanders
,
became
universal
;
for
by
the
Statute
of
27.
E.
3.
cap.
8.
It
was
enacted
that
in
Pleas
before
the
Major
of
the
Staple
,
if
both
Parties
were
Strangers
,
the
27
E.
3.
cap.
8.
Trial
should
be
by
Strangers
;
but
if
one
Party
was
a
Stranger
,
and
the
other
a
Denizon
,
then
the
Trial
should
be
per
medietatem
Linguae
:
But
this
Statute
extended
but
to
a
narrow
compass
,
viz.
Only
where
both
Parties
were
Merchants
,
or
Ministers
of
the
Staple
,
and
Pleas
before
28
E.
3.
cap.
13.
the
Major
of
the
Staple
:
But
afterwards
in
the
28th
.
Year
of
the
same
Kings
Reign
it
was
enacted
,
That
all
manner
of
Enquests
,
which
was
to
be
taken
,
or
made
amongst
Aliens
,
and
Denizons
,
be
they
Merchants
,
or
others
,
as
well
before
the
Maior
of
the
Staple
,
as
before
any
other
Justices
or
Ministers
;
Although
the
King
be
party
,
the
one
half
of
the
Enquest
,
or
proof
shall
be
Denizens
,
the
other
half
Aliens
,
if
so
many
Aliens
,
and
Forreigners
be
in
the
Town
,
or
Place
where
such
Enquest
,
or
proof
is
to
be
taken
that
be
not
Parties
,
nor
with
the
Parties
in
Contract
,
in
Plea
,
or
other
quarrel
,
whereof
such
Enquest
,
or
proof
ought
to
be
taken
;
and
if
there
be
not
so
many
Aliens
,
then
shall
there
be
put
in
such
Enquests
,
or
proofs
as
many
Aliens
as
shall
be
found
in
the
same
Town
,
or
Places
,
which
be
not
thereto
Parties
,
as
aforesaid
is
said
;
and
the
remnant
of
Denizens
,
which
be
good
men
,
and
not
suspicious
to
the
one
Party
or
other
.
By
which
Statute
the
same
Custom
or
immunity
,
was
made
a
Law
universal
,
although
it
be
in
the
Case
of
the
But
if
it
be
for
Treason
.
è
contra
.
Vide
postea
num.
5.
King
,
for
the
Alien
shall
have
his
Trial
per
medietatem
.
It
matters
not
whether
the
moyety
of
Aliens
be
of
the
same
Country
,
as
the
Alien
party
to
the
action
is
;
Dyer
144.
for
he
may
be
a
Dutch-man
,
and
they
Spaniards
,
French
,
Walloons
,
&c.
because
the
Statute
speaks
generally
of
Aliens
.
III.
The
Form
of
the
Venire
facias
in
this
case
is
,
De
Nicenet
,
&c.
quorum
una
medietas
fit
de
Indigenis
,
&
altera
medietas
fit
de
aliegenis
natis
,
&c.
And
the
Sheriff
ought
to
return
twelve
Aliens
,
and
twelve
Deniz●…ns
,
one
by
the
other
,
with
Addition
which
of
them
are
Aliens
,
and
so
they
are
to
be
sworn
;
but
if
this
Order
Stat.
18.
Eliz.
cap.
Cro.
3.
part
818.
841.
Bro.
tit
.
trial
.
be
not
observed
,
it
is
holpen
as
a
misreturn
.
It
has
been
conceived
of
some
,
that
it
is
not
proper
to
call
it
a
Trial
per
medietatem
Linguae
,
because
any
Alien
of
any
Tongue
may
serve
;
but
that
surely
is
no
Objection
,
for
People
are
distinguished
by
their
Language
,
and
medietas
Linguae
is
as
much
as
to
say
half
English
,
and
half
of
another
tongue
,
or
Nation
whatsoever
,
nor
matters
it
of
what
sufficiency
the
Jurors
are
,
for
the
form
of
the
venire
facias
shall
not
be
altered
,
but
the
clause
of
Cr●…
.
3.
part
481.
quorum
quolibet
habeat
,
4.
&c.
shall
be
in
.
If
both
parties
are
Aliens
then
the
Inquest
shall
be
all
English
,
for
though
the
English
may
be
supposed
to
favour
themselves
more
then
Strangers
,
yet
when
both
Parties
are
Aliens
,
it
will
be
presumed
they
will
favour
〈◊〉
H.
6.
4.
both
alike
,
without
any
difference
.
IV.
If
an
Alien
is
party
,
who
slips
his
opportunity
,
and
suffers
a
Trial
by
all
English
,
the
same
is
not
a
Verdict
Erroneous
;
for
if
he
will
be
so
negligent
as
to
slip
that
advantage
which
the
Law
gives
him
,
it
is
his
fault
;
Dyer
28.
for
the
Alien
if
he
will
have
the
benefit
of
that
Law
,
he
must
then
pray
a
venire
facias
per
meditatem
Linguae
,
at
the
time
of
the
awarding
the
venire
facias
:
But
if
a
neglect
of
that
opportunity
happens
,
yet
if
he
prays
it
after
the
awarding
a
general
venire
facias
,
the
same
may
be
retreeved
Dyer
144
:
21
H.
7.
32
:
so
as
it
be
before
the
venire
be
returned
,
and
filed
,
for
then
he
may
have
a
venire
facias
de
novo
,
or
otherwise
he
cannot
,
nor
can
he
afterwards
challenge
the
Array
for
this
cause
,
if
it
falls
out
the
Juries
are
all
Denizens
;
though
Sandford
seems
to
be
of
a
contrary
opinion
,
Pl
:
Coron.
159.
Dyer
357.
for
the
Alien
must
pray
it
at
his
peril
.
V.
If
there
be
a
general
venire
facias
,
the
Defendant
cannot
pray
a
decem
Tales
,
&c.
per
medietatem
Linguae
3
E.
4
:
11
,
12.
upon
this
,
because
the
Tales
ought
to
pursue
the
venire
facias
:
But
if
the
venire
facias
be
per
medietatem
Linguae
,
the
Tales
ought
to
be
per
medietatem
Linguae
,
as
if
five
Aliens
,
and
five
Denizens
appear
on
the
principal
Jury
,
the
Plaintif
may
have
a
Tales
per
medietatem
;
but
Co.
l.
10
fo.
104.
if
the
Tales
be
general
de
Circumstantibus
,
it
hath
been
held
good
enough
,
for
there
being
no
exception
taken
by
the
Defendant
upon
the
awarding
thereof
,
it
shall
be
intended
well
awarded
.
Cro.
3.
part
fol.
818
,
841.
If
an
Alien
that
lives
here
under
the
protection
of
the
King
of
England
,
and
Amity
being
between
both
Kings
,
21
Herb.
4.
Stamford
154.
Hill
36.
Eliz.
Dr.
Lopez
case
by
all
the
Judges
.
commits
Treason
,
he
shall
by
force
of
the
Act
of
1.
and
2.
Ph.
and
Mary
,
be
tryed
according
to
the
due
course
of
the
Common
Law
,
and
shall
not
in
that
case
be
tryed
per
medietatem
Linguae
.
But
in
case
of
Petit
Treason
,
Murder
,
Fellony
,
&c.
if
he
prays
his
Trial
per
medietatem
Linguae
,
the
Court
ought
Vide
Lord
Dyer
fo.
144.
the
case
of
Sherily
where
the
point
is
fully
handled
.
Co.
Inst.
3.
part
fol.
27.
to
grant
it
.
Yet
if
an
Information
be
exhibited
against
an
Alien
,
the
Moores
557.
Barrs
case
.
Trial
is
not
per
medietatem
,
but
according
to
the
Common-Law
.
If
an
Alien
in
League
brings
an
action
(
if
there
be
cause
)
the
Defendant
may
plead
in
abatement
;
but
if
it
be
an
Alien
Enemy
he
may
conclude
in
the
action
.
Colivre
Coke
Entries
tit
.
Alien
1.
Stamford
160.
B.
25
Ed.
3.
cap.
8.
28
Ed.
3.
●…3
.
2
H.
5.
3.
In
an
action
for
words
the
Defendant
pleaded
not
guilty
,
and
said
he
was
an
Alien
born
,
and
prayed
Trial
per
medietatem
Linguae
,
which
was
granted
,
and
at
the
nisi
prius
in
London
;
but
six
English-men
,
and
five
Aliens
appeared
,
and
the
Plaintif
prayed
a
Tales
de
Circumstantibus
per
medietatem
Linguae
,
and
it
was
granted
,
so
there
wanted
one
Alien
,
and
the
Record
was
:
Ideo
Alius
Aliegena
de
Circumstantibus
per
vic'
London
,
ad
requisitionem
infra
nominati
Julii
Caesaris
,
per
mandato
Justiciarum
de
novo
apposito
,
cujus
nomen
panelo
praedict'
affilatur
secundum
formam
Statuti
,
in
hujusmodi
casu
nuper
editi
&
provise
,
qui
quidem
Jurato
sic
de
novo
appositus
,
viz.
Christianus
Dethick
Alienigena
exactus
venit
ac
in
Juratam
,
illam
simul
cum
aliis
Juratoribus
praedicta
prius
impanellatis
,
&
Juratis
Juratus
fuit
,
&c.
It
was
found
for
the
Plaintiff
,
and
afterwards
moved
in
Arrest
of
Judgment
,
That
no
Tales
was
to
be
granted
de
Circumstantibus
,
when
the
Trial
is
per
medietatem
Linguae
,
by
the
Justices
of
Nisi
prius
,
by
the
Act
of
35
H.
8.
because
in
the
Act
it
is
spoken
of
Free-hold
of
Jurors
,
and
an
Alien
Mich.
35
,
36.
Eliz.
in
B.
R.
Sr.
Julius
Caesar
Versus
Phillip
Corsini
.
is
not
properly
said
of
any
Countrey
,
or
to
have
any
Free-hold
;
but
it
was
adjudged
because
the
Statute
was
made
for
speedy
execution
,
that
it
should
be
expounded
favorably
,
according
to
the
intent
,
and
meaning
of
the
Makers
of
the
Act
;
and
though
in
this
case
the
Tales
was
prayed
by
the
Plaintiff
,
where
it
ought
to
have
been
ad
requisitionem
defendentis
,
yet
that
should
be
taken
to
be
but
a
misprision
,
and
would
be
amended
.
VI.
If
the
Plaintiff
or
Defendant
be
Executor
or
Administrator
,
though
he
be
an
Alien
,
yet
the
Trial
shall
be
by
English
,
because
he
sueth
in
Auter
droit
;
but
if
it
be
averred
that
the
Testator
or
Intestate
was
an
Alien
,
then
it
shall
be
per
medietatem
Linguae
.
Cr●…
.
3.
part
275.
Shely
a
French
man
who
joyned
with
Stafford
in
the
Rebellion
,
in
the
taking
of
Scarborough
Castle
in
the
County
of
York
,
he
being
taken
was
arraigned
in
the
Kings
Bench
upon
an
Indictment
of
Treason
,
and
the
Indictment
was
contra
legiantiam
suam
debitam
;
and
the
Indictment
was
rul'd
to
be
good
,
although
he
was
no
Subject
,
because
it
was
in
the
time
of
Peace
between
the
Queen
,
and
the
French
King
.
But
if
it
had
been
in
the
time
of
War
,
then
the
Party
should
not
have
been
indicted
,
but
ransomed
;
It
was
likewise
rul'd
there
,
that
the
Trial
was
good
,
although
the
Venire
facias
awarded
in
York
was
general
,
and
not
de
medietatem
Linguae
;
for
such
Trial
per
medietatem
Linguae
does
not
extend
to
Treasons
,
4.
Ma.
Dyer
145.
the
Indictment
ought
to
omit
the
words
,
Naturalem
Dominam
suam
,
and
begin
that
he
intended
Treason
contra
Dominam
Reginam
,
&c.
Hill
36.
Eliz.
in
B.
R.
Stephano
Ferraro
d'Games
case
in
Dr.
Lopez
Treason
.
If
an
Alien
Enemy
come
into
this
Realm
,
and
be
taken
in
War
,
he
cannot
be
indicted
of
Treason
,
for
the
Indictment
cannot
conclude
contra
legianeiae
suae
debitum
,
for
he
never
was
in
the
protection
of
the
King
;
and
therefore
he
shall
suffer
death
by
Marshal
Law
,
and
so
it
was
rul'd
in
13
H
7.
in
Perkin
Warbecks
case
,
who
being
an
Alien
born
in
Flanders
,
feigned
himself
to
be
one
of
the
Sons
of
King
Edward
the
4th
.
and
invaded
the
Realm
,
with
intent
to
take
upon
him
the
Dignity
;
who
had
his
Judgment
and
Trial
by
Martial
Law
,
and
not
by
the
Common-Law
of
England
.
VII
.
The
Kingdom
of
Ireland
was
a
Dominion
separated
,
and
divided
from
England
at
the
first
,
and
came
to
the
Crown
of
England
by
Conquest
,
in
the
time
of
Henry
the
Second
;
and
the
meer
Irish
were
as
Aliens
,
Enemies
to
Sir
John
Davis
Conquest
of
Ireland
,
fo.
103
,
104
,
105.
to
the
Crown
of
England
,
and
were
disabled
to
bring
any
action
,
and
were
out
of
the
protection
of
the
Laws
of
this
Realm
;
and
five
Scepts
of
the
Irish
Nation
were
only
enabled
to
the
Laws
of
England
,
viz.
Oneil
de
Ultonia
,
O
Molloghlin
de
Media
,
O
Connoghor
de
Connacia
,
O
Brian
de
Tholmonio
,
and
Ma
Murogh
de
Lagenia
,
as
appears
by
the
Records
of
the
Dominion
of
Ireland
,
and
several
grants
have
been
made
to
the
Irish
,
which
proves
them
to
be
meer
Aliens
.
But
afterwards
,
though
the
same
was
a
separate
and
divided
Kingdom
,
yet
whilst
they
were
under
the
subjection
and
obedience
of
the
Kings
of
England
,
if
High
Treason
had
been
committed
by
an
Irish
man
,
he
might
be
arraigned
,
indicted
,
and
tried
for
the
same
within
England
,
and
by
the
Laws
of
Co.
7.
fol.
23
▪
Calvins
ease
.
England
;
and
so
it
was
resolved
by
all
the
Judges
of
England
in
Orucks
case
,
33
Eliz.
and
also
in
Sir
John
Perrots
case
,
that
Ireland
was
out
of
England
,
and
yet
that
all
Treasons
committed
there
,
were
to
be
tryed
in
England
,
and
that
by
virtute
of
the
Statute
of
38
H.
8.
cap.
23.
Arthur
Crohagan
an
Irish-man
,
was
arraigned
,
for
that
he
being
the
Kings
Subject
,
at
Lisbon
in
Spain
used
these
words
,
I
will
kill
the
King
(
inuendo
Dominum
Carolum
Regem
Angliae
)
if
I
may
come
unto
him
,
because
he
is
a
Heretick
;
that
afterwards
he
came
into
England
,
and
was
taken
,
and
tried
by
a
Jury
of
Middlesex
,
and
was
found
guilty
;
and
it
was
held
High
Treason
by
the
Course
of
the
Common
Law
,
for
his
Traiterous
intent
,
and
imagination
of
his
heart
is
declared
by
these
words
,
and
Mich.
4.
Car.
1.
Cro.
fol.
242.
within
the
Statute
25
E.
3.
He
confessed
he
was
a
Dominican
Fryar
,
and
Priest
in
Spain
.
Bracton
sayes
,
that
an
Alien
born
cannot
be
a
witness
;
but
that
is
to
be
understood
of
an
Alien
Infidel
,
14
Eliz.
in
the
case
of
the
Duke
of
Norsolk
Ce.
Inst.
4.
pt.
279.
for
the
Bishop
of
Rosse
,
being
an
Alien
born
(
a
Scot
)
was
admitted
to
be
a
witness
,
and
sworn
.
Yet
an
Infidel
may
bring
an
action
against
another
Merchant
,
or
any
other
however
[
](A51124-e101360-b)*
*
11
H.
8.
fo.
4
▪
,
and
that
without
controversie
.
The
testimony
of
a
Renegadoe
is
not
to
be
received
at
this
day
,
by
the
Laws
of
any
Christian
Kingdom
,
or
Republique
;
he
that
hath
once
renounced
his
Faith
can
never
be
believed
,
therefore
he
cannot
be
a
witness
;
and
so
it
was
rul'd
where
one
Domingeo
de
la
Cardre
,
a
Renegado
,
who
was
sworn
,
and
gave
evidence
;
afterwards
a
new
Hill
17.
18.
Car.
2di
.
in
B.
R.
Robles
.
Vers.
Langston
Trial
being
granted
,
his
testimony
was
rejected
,
and
he
not
suffered
to
be
sworn
,
it
being
at
his
Trial
proved
,
that
he
was
a
Spaniard
,
and
a
Christian
by
birth
and
education
,
and
after
became
a
Jew
.
If
an
Alien
be
resident
,
and
commits
an
offence
,
he
shall
have
the
benefit
of
the
Kings
general
pardon
;
but
if
Hobart
.
fo.
271.
Courteens
case
.
he
is
not
in
the
Kingdom
at
the
time
of
the
pardon
promulgated
,
then
he
looses
the
benefit
of
the
same
;
for
he
is
no
otherwise
a
Subject
,
but
by
his
residence
here
.
CHAP.
V.
Of
Planters
.
-
I.
Of
Possession
,
and
its
original
right
.
-
II.
Of
Vacancies
natural
,
which
gives
a
right
to
Planters
.
-
III.
Of
Civil
Vacancies
,
how
far
the
same
may
be
possessed
.
-
IV.
Of
Planters
,
whether
they
have
a
firm
right
,
so
as
to
dispose
by
Will
,
or
only
a
Usufructuary
possession
.
-
V.
Of
Planters
,
wanting
things
necessary
for
the
support
of
humane
life
,
generally
considered
according
to
the
Laws
of
nature
.
-
VI.
Wherefore
one
man
may
naturally
have
more
then
another
,
and
what
conditions
are
annexed
to
such
fortunes
,
for
those
that
are
in
necessity
.
-
VII
.
Whence
it
is
that
there
was
at
the
beginning
,
and
is
still
a
Tacite
condition
of
reassuming
our
Original
rights
,
in
case
of
extream
or
natural
necessity
for
natural
Community
.
-
VIII
.
Of
necessity
considered
in
a
Christian
Community
.
-
IX
.
Of
the
Primitive
Communion
,
considered
in
reference
to
its
restrictions
,
and
limitations
.
-
X.
Of
those
things
that
are
dedicated
to
God
,
and
holy
use
,
whether
subject
to
the
relief
o
our
necessities
.
I.
HAving
in
the
first
Chapter
of
this
Book
discoursed
,
of
the
original
of
property
deducing
its
inception
,
to
that
which
we
call
possession
,
or
meum
,
and
how
the
same
may
be
altered
by
War
;
it
may
not
seem
unnecessary
to
discourse
of
the
acquiring
of
property
,
in
the
new
discoveries
of
those
vast
immensities
of
America
,
which
being
prepossess'd
,
seem
to
deny
us
legally
that
title
which
we
pretend
to
.
Possession
by
Law
,
is
esteemed
the
highest
title
that
men
can
pretend
to
what
they
enjoy
,
which
is
nothing
else
but
positio
pedis
;
as
if
the
Ancients
had
no
other
seal
to
confirm
their
tenures
,
but
the
prints
of
their
feet
;
and
good
reason
,
seeing
the
mind
is
not
able
to
take
up
a
place
so
well
as
the
Body
;
for
many
mens
wills
may
concur
in
(
wishing
and
liking
)
the
same
thing
,
but
many
bodies
cannot
concur
to
the
possessing
it
:
Besides
the
mind
cannot
set
an
outward
mark
on
what
it
likes
,
that
thereby
others
might
be
warned
to
abstain
from
it
,
all
which
the
Body
properly
doth
.
Abrahàm
and
Lot
going
to
plant
,
declared
no
more
then
this
,
there
was
room
or
vacancy
enough
;
and
therefore
,
without
further
examination
,
or
scruple
,
they
knew
they
might
turn
to
the
right
hand
or
to
the
left
,
to
possess
what
they
would
to
themselves
.
II.
This
Vacancy
,
which
gives
us
a
right
to
plant
,
is
to
be
considered
in
two
respects
,
1.
Natural
;
2.
Civil
,
the
first
is
in
things
which
may
be
possess'd
,
but
actually
are
not
,
neither
in
property
,
nor
use
;
such
a
Vacancy
which
is
nullius
in
bonis
,
might
be
occupied
by
Switzers
,
who
as
Caesar
sayeth
,
would
fain
have
changed
their
rough
Hills
for
some
nearer
Campania
;
and
Deserts
or
Places
un-inhabited
,
may
be
possess'd
and
appropriated
to
the
first
Planter
,
and
that
without
all
controversie
,
but
especially
by
those
who
being
expulsed
from
their
own
Seats
or
Estate
,
seek
entertainment
abroad
:
The
Ansebarians
in
Tacitus
,
cry
out
,
As
the
Heaven
to
the
Gods
,
so
Tacitus
Annal.
13.
is
the
Earth
granted
to
Mortals
,
and
what
is
void
is
publique
:
Looking
up
to
the
Sun
and
Stars
,
they
did
openly
as
it
were
enquire
of
them
,
Whether
they
were
pleased
in
beholding
any
ground
empty
,
and
without
Inhabitants
,
they
should
rather
cast
forth
the
Sea
,
and
overwhelm
the
Spoilers
of
the
Earth
.
III.
Civil
Vacancy
,
is
where
it
is
not
absolutely
incorporated
,
ubi
nec
possessio
est
plene
in
homine
,
nec
homo
plene
in
possessione
.
as
among
the
roving
Arabians
and
Moores
in
Barbary
,
and
other
Affricans
and
Americans
,
who
possess
one
place
to
day
,
and
another
to
morrow
;
these
by
their
frequent
returns
,
shew
that
they
abondon
not
the
Places
they
remove
from
,
as
derelicta
quae
quis
in
bonis
amplius
numerare
non
vult
;
we
can
not
say
,
that
their
natural
,
or
voluptary
interest
in
them
is
no
way
improved
;
for
Grotius
seems
to
be
of
opinion
[
](A51124-e101960-b)*
*
De
Jure
Belli
ac
Pacis
.
lib.
2.
cap.
2.
§.
17.
,
that
if
there
be
some
Desert
or
barren
ground
,
the
same
ought
to
be
granted
to
Strangers
upon
their
request
,
and
,
says
he
,
It
is
also
rightly
seized
on
by
them
,
giving
this
reason
,
For
that
Lands
ought
not
to
be
esteemed
occupied
which
is
not
cultivated
;
but
only
as
to
the
Empire
,
which
remains
entire
to
the
first
People
,
they
do
no
offence
who
inhabite
,
and
manure
a
part
of
the
Land
that
lyes
neglected
*
,
Dion
.
Prusaeenses
Orat.
5.
But
we
must
press
this
Argument
of
Grotius
very
tenderly
,
least
by
the
same
reason
others
conclude
,
that
those
Estates
which
are
not
competently
improved
,
are
derelict
and
occupiable
by
others
,
which
would
introduce
perpetual
confusions
,
and
easily
perswade
every
man
that
he
could
husband
his
Neighbours
Lands
better
then
himself
:
However
this
is
a
clear
Case
for
all
Planters
,
that
those
wastes
,
or
asperi
montes
,
which
the
Natives
Recte
facta
est
concessio
,
quae
est
sine
damno
alterius
.
make
no
use
of
,
nor
can
receive
any
dammage
by
their
being
possess'd
by
others
,
may
lawfully
be
impropriated
by
them
.
IV.
But
admitting
that
Planters
may
appropriate
a
Plantation
for
their
living
,
whether
such
may
dispose
of
the
same
by
Will
(
we
supposing
the
Possessor
having
no
Heir
)
for
that
he
might
seem
to
have
but
a
usufructuary
possession
,
till
a
descent
had
been
cast
,
which
then
perhaps
may
turn
the
same
into
a
right
[
](A51124-e102050-b)*
*
As
it
is
consonant
to
nature
that
my
share
of
subsistance
,
which
was
before
uncertain
should
now
be
fixed
,
so
it
is
necessary
that
the
consent
which
others
gav
eto
this
at
first
,
should
stand
fixed
,
especially
if
there
was
no
obligation
,
or
declaration
at
the
first
to
the
contrary
.
Vide
Selden
de
Jure
Na:
&
gen.
ad
men
.
Heb.
id
obligat
.
quod
est
ex
officio
quod
legis
est
:
But
the
sanction
of
a
Law
supposes
the
nullity
of
a
state
of
nature
,
not
of
a
right
of
nature
.
:
Without
all
controversie
the
very
immediate
possessing
,
and
planting
creates
a
right
against
all
,
but
he
that
hath
Empire
there
,
and
that
very
right
the
party
in
his
life
time
might
have
actually
transferred
over
to
another
:
Now
though
the
devise
in
the
will
operates
not
till
after
his
death
,
yet
the
gift
is
made
during
his
life
;
according
as
the
French
have
it
,
Se
despouiller
avant
que
de
s'en
aller
coucher
,
that
is
,
man
first
puts
off
his
cloaths
,
and
then
goes
to
bed
.
V.
Again
Persons
having
arrived
in
those
Territories
,
and
planted
,
but
before
they
have
reapt
the
fruits
of
their
labour
,
necessity
is
found
within
their
Huts
,
and
a
supply
of
things
for
the
support
of
humane
life
is
wanting
,
whether
such
may
seek
the
means
of
subsistance
,
by
the
Laws
of
nature
,
and
in
case
of
refusal
(
after
request
)
force
them
from
their
Neighbour
Planter
?
Surely
that
which
is
necessary
for
any
natural
subsistance
,
and
necessary
to
another
,
belongs
justly
to
me
,
unless
I
have
merited
to
loose
the
life
,
which
I
seek
to
preserve
.
There
were
a
defect
in
Gods
creating
our
natures
such
as
they
are
,
if
he
did
not
provide
means
to
uphold
their
beings
,
according
to
the
natural
faculties
which
he
hath
given
them
.
A
good
Mother
divides
her
bread
among
her
Pia
mater
panem
inter
liberos
distribuit
ut
fructum
veniat
singulis
.
Children
,
as
a
morsel
may
come
to
each
;
let
us
therefore
judge
this
case
by
those
rules
of
Justice
,
by
which
we
judge
other
eases
,
if
a
Father
in
his
Will
pass
by
a
Child
or
names
him
,
but
upon
false
causes
leaves
him
nothing
,
he
is
notwithstanding
by
the
equity
of
the
Civil
Law
admitted
to
a
Childs
part
,
a
legitima
,
and
may
form
his
action
contra
Testamentum
inofficiosum
:
Men
are
all
a
Ki●…
,
and
we
derive
one
from
another
,
and
to
let
others
settle
in
our
places
,
who
may
justly
expect
as
much
due
to
them
,
for
their
natural
subsistance
,
as
was
to
those
who
before
went
out
of
the
World
,
to
make
place
for
them
,
yea
though
they
assign
them
nothing
at
their
departure
.
Man
were
of
all
living
Creatures
most
miserable
,
if
he
might
not
during
this
life
have
that
measure
,
which
God
would
not
have
an
Ox
defrauded
of
;
thus
hath
every
Dung-hill-fly
a
right
to
live
,
and
to
remain
insectile
,
which
besides
existence
hath
sence
,
and
may
not
justly
be
deprived
of
that
its
chiefest
felicity
,
unless
it
be
importunate
to
a
nobler
Creature
.
VI.
'T
is
very
true
that
no
man
can
pretend
to
share
in
the
sweat
of
another
mans
browes
,
or
that
the
pains
,
and
wasting
of
another
mans
life
should
be
for
the
maintenance
of
any
,
but
his
own
;
nay
though
it
be
granted
,
that
those
Neighbour
Planters
;
who
being
settled
before
us
,
and
having
acquired
either
by
industry
,
or
lawful
donation
the
fruits
of
other
mens
labours
,
and
consequently
must
enjoy
more
plenty
then
a
new
Comer
or
*
Xenephon
in
his
Answer
to
the
Sinopenses
:
ubi
jus
emendi
nobis
non
conceditur
,
sive
in
Barbarico
,
sive
in
Grecianico
solo
ubi
quae
opus
sumimus
,
non
per
preterviam
sed
ex
necessitate
.
exped.
Cyri.
●…5
.
Planter
;
yet
all
that
they
possess
is
not
properly
theirs
,
for
if
another
by
extream
necessity
be
perishing
,
and
they
have
above
what
they
can
consume
in
a
natural
way
,
then
they
have
no
fuller
a
property
in
that
plenty
then
Stewards
have
,
and
for
this
regard
they
are
so
called
in
Scripture
:
The
Earth
still
is
the
Lords
,
and
the
fulness
of
it
,
it
is
his
for
he
made
it
of
his
own
matter
,
and
for
the
fashion
of
it
used
not
our
aid●…
;
Yea
,
't
is
his
Sun
which
still
produces
,
and
his
Clouds
which
drop
fatness
:
We
can
only
pretend
the
Contribution
of
a
little
pains
,
for
that
which
is
our
natural
share
;
so
that
in
plain
reason
we
may
not
expect
to
be
,
otherwise
qualified
then
Stewards
,
for
all
that
which
is
not
probably
necessary
for
our
own
subsistance
,
or
for
theirs
,
who
subsist
only
by
us
:
Wherefore
Lazarus
ready
to
perish
(
not
by
fault
,
but
by
misfortune
)
had
taken
Dives
his
Crums
,
contrary
to
his
will
;
yet
he
had
not
sinned
,
no
more
then
he
who
takes
something
which
the
Lord
or
Master
hath
given
him
,
though
the
Steward
contradict
Lessius
lib.
〈◊〉
.
cap.
12.
dub.
1●…
num.
70.
it
:
But
if
it
so
happen
,
that
both
the
Planters
are
in
pari
necessitate
,
then
melior
est
conditio
possidentis
;
or
as
Saint
Paul's
words
are
,
when
he
excited
the
Churches
Charity
,
and
Alms
,
for
the
relief
of
the
distressed
Members
of
Christ
,
Not
(
quoth
he
)
that
ye
should
be
streightened
,
2
Cor.
8.
13.
and
they
abound
.
VII
.
The
will
of
those
who
first
consented
mutually
,
to
divide
the
Earth
into
particular
Possessions
,
was
certainly
such
as
receded
as
little
as
might
be
from
natural
equity
;
for
written
Laws
are
as
near
as
possible
may
be
,
to
be
interpreted
by
that
,
and
therefore
in
cases
of
such
extremities
we
are
not
without
examples
,
of
taking
the
goods
of
one
to
supply
the
necessities
of
many
;
And
therefore
at
Sea
,
if
Provisions
begin
to
fail
in
a
Ship
,
Grotius
de
Jure
Belli
ac
Pacis
lib.
2.
cap.
2.
§.
7
,
8
,
9.
Leges
humanae
obligant
uti
factae
sunt
,
scilicet
cum
sensu
humanae
imbecelitatis
.
every
one
may
be
forced
to
bring
out
openly
,
what
he
laid
in
for
his
passage
in
particular
;
so
a
Ship
at
Sea
,
having
instress
of
Weather
,
spent
her
Sails
,
Cordage
,
and
Anchors
,
meeting
other
Vessels
at
Sea
,
may
take
a
supply
of
such
as
shall
be
wanting
;
but
yet
governed
according
to
St.
Paul's
words
,
So
that
such
taking
straightens
not
the
other
Ship
.
So
when
the
Sea
breaks
in
upon
a
Countrey
,
we
may
digg
in
the
next
mans
grounds
to
make
a
banck
,
without
staying
for
the
owners
permission
;
yea
tear
down
any
mans
hedge
,
or
fence
,
when
the
Common
passage
is
stopped
:
For
in
such
cases
of
necessity
humane
Laws
(
as
is
mentioned
afore
)
do
not
so
much
permit
as
expound
their
natural
equity
,
and
that
which
Men
give
to
those
,
who
are
so
innocently
distressed
,
who
borrow
life
only
from
the
shadows
of
death
,
Et
pist
asse
tempestate
tuentur
,
is
not
properly
a
Charity
to
them
as
a
duty
;
and
if
he
be
a
Christian
that
gives
,
perhaps
he
doth
more
Charity
to
himself
then
to
the
Receiver
.
VIII
.
The
reason
of
this
Christian
Charity
,
or
Communion
,
is
as
far
above
the
natural
,
as
Christ
himself
was
above
Nature
,
this
requires
an
equal
beating
of
all
pulses
,
that
as
Fellow-Members
we
have
a
Homogenial
sence
,
and
palpitation
;
we
are
to
divide
a
Cruze
of
Oil
,
and
a
few
handfuls
of
meal
,
with
one
of
Christs
Flock
,
with
an
abandoned
Creature
;
and
what
can
be
in
more
extremity
than
a
poor
Planter
,
in
a
strange
Place
,
destitute
Ne
quicquam
funde
suspirat
nummus
in
imo
for
the
present
of
the
supports
of
humane
life
?
And
surely
the
violation
of
this
Jus
Charitatis
,
is
no
less
then
theft
,
in
those
who
having
extended
fortunes
,
never
defalcate
a
Gibeonites
Crust
perhaps
for
a
wandring
Angel
,
these
steal
even
the
Ship-wrack'd
mans
picture
from
him
,
which
as
his
whole
inheritance
he
carried
at
his
back
,
to
move
compassion
,
and
by
the
insatiable
Sea
of
their
Avarice
,
and
Luxury
,
they
wreck
him
over
at
Land
.
IX
.
But
this
free
Primitive
Communion
had
,
and
hath
its
bounds
,
and
its
quantum
in
Contributions
,
as
well
as
the
natural
,
otherwise
it
might
be
fraudulent
,
and
thieving
:
For
they
who
possess
but
a
little
,
would
contribute
it
all
,
on
purpose
to
share
equally
with
those
who
possess
very
much
,
which
would
introduce
a
visible
decay
,
and
ruin
in
all
;
as
Tiberius
rightly
observed
[
](A51124-e102400-b)*
*
Intendetnr
inquit
socordia
languescet
industriâ
,
si
nullus
ex
se
metus
aut
spes
,
&
securiomnes
alienae
subsidia
expectabunt
,
sibi
ignavi
,
&
nobis
gravis
,
Tacit.
,
on
M.
Hortalus
his
petitioning
an
Alms
for
Augustus
Caesar's
sake
,
Idleness
would
encrease
,
and
industry
languish
,
if
men
should
entertain
no
hope
,
nor
fear
for
themselves
,
but
securely
expect
other
mens
relief
,
idle
to
themselves
,
and
burthensom
to
us
.
Wherefore
in
the
midst
of
that
primitive
Communion
,
we
find
that
the
Apostles
went
Domatim
,
from
house
to
house
breaking
of
bread
,
therefore
they
even
then
retained
by
their
houses
in
property
;
which
property
is
supposed
by
the
eighth
Commandment
,
as
well
as
it
is
by
Christian
Charity
:
For
no
man
can
steal
,
but
by
invading
the
right
of
another
;
and
as
for
Charity
,
it
is
necessary
he
have
something
of
his
own
,
to
be
able
to
fulfil
its
commands
,
and
to
make
a
dole
at
his
door
;
and
it
is
very
convenient
that
he
give
it
rather
with
his
own
hand
,
then
by
some
publique
Collectors
,
For
Charity
is
Matth.
7.
11.
hated
most
with
the
sence
of
its
own
action
.
Moreover
under
the
Law
,
Jews
were
commanded
,
to
love
one
another
as
themselves
;
yet
this
Command
took
not
away
property
then
,
therefore
it
takes
it
not
away
now
;
notwithstanding
we
own
the
use
,
or
usufruct
of
our
properties
to
the
distressed
,
though
our selves
be
at
the
same
time
in
distress
;
just
as
we
are
commanded
,
by
the
peril
of
our
own
lives
,
to
endeavour
to
secure
our
Neighbours
life
,
which
is
yet
a
Charity
more
transcendent
then
the
other
,
by
how
much
life
is
above
livelyhood
?
And
though
the
various
Laws
of
Countreys
,
have
variously
provided
punishment
,
for
those
who
out
of
meer
necessity
take
something
out
of
anothers
plenty
;
yet
that
proves
not
the
Act
to
be
sin
,
or
repugnant
to
equity
,
or
conscience
,
but
rather
repugnant
to
the
conveniency
of
that
Kingdom
,
or
Republique
,
where
the
Act
is
committed
;
and
the
true
reason
of
the
same
is
,
least
thereby
a
gap
might
be
laid
upon
to
Libertinism
;
besides
Reason
of
State
,
we
know
,
considers
not
vertue
,
so
much
as
publick
quiet
,
and
conveniency
,
or
that
right
which
is
ad
alterum
.
X.
We
will
now
consider
those
things
which
are
Gods
,
which
yet
are
not
his
in
such
a
strict
rigorous
sence
,
but
that
they
lye
open
to
the
exceptions
of
our
just
necessities
,
hence
that
which
is
devoted
as
a
Sacrifice
to
him
,
in
case
of
necessity
may
be
made
our
dinner
,
witness
the
Action
of
David
:
Wherefore
the
consequence
of
our
Saviours
answer
was
very
strong
,
when
he
defended
his
pulling
the
Eares
of
Corn
in
anothers
Field
:
That
if
it
was
lawful
for
David
,
in
his
necessity
to
eat
that
Bread
,
which
was
provided
for
the
Table
of
God
,
then
how
much
more
was
it
lawful
for
him
,
and
his
Apostles
in
their
necessities
,
to
take
a
refreshing
out
of
that
which
belonged
to
Man
:
by
the
Canon
Decretals
of
Gratian
lib.
Synodus
Nicaeensis
Can.
Synodus
Aurelacensis
1.
Can.
Concilium
〈◊〉
letanum
.
Law
,
if
no
other
means
can
be
found
,
the
Vessels
of
the
Altar
may
be
sold
,
to
redeem
those
Souls
,
who
are
enthralled
in
misery
,
and
captivity
;
and
is
there
not
good
reason
for
it
,
seeing
they
serve
but
for
the
Souls
of
Men
,
and
therefore
the
Souls
of
Men
are
more
precious
then
they
?
Yea
the
Sacrifice
it self
,
to
what
end
is
it
,
but
to
obtain
a
state
of
piety
for
us
?
Upon
what
hath
been
said
,
it
may
not
seem
an
injury
,
if
a
Planter
(
wanting
those
things
for
the
support
of
humane
life
)
requesting
a
reasonable
proportion
of
his
Neighbour
(
having
it
to
spare
)
with
an
intention
to
repay
;
if
denyed
,
by
force
take
the
same
from
him
,
for
that
reason
which
creates
a
punishment
in
a
settled
Common-wealth
for
the
like
actions
,
does
in
Grotius
de
Jure
Belli
ac
Pacis
lib.
2.
cap.
2.
§.
8
,
9.
such
places
fail
.
CHAP.
VI.
Of
Merchants
.
-
I.
Merchandizing
,
the
same
is
honourable
,
and
proffitable
,
both
to
Prince
,
and
State
-
II.
The
Advantages
that
might
accrue
to
Kingdoms
,
i●…
the
more
Nobler
,
and
Richer
sort
applyed
themselves
to
the
same
.
-
III
Of
the
first
Institution
of
the
Company
of
Adventurers
.
-
IV.
Of
the
●…stitution
of
that
in
England
to
the
Indies
.
-
V.
Of
the
forming
of
that
in
Holland
,
to
these
parts
.
-
VI.
Of
the
forming
the
like
by
the
Most
Christian
King
,
to
the
same
parts
.
-
VII
.
Of
the
advantages
,
and
disadvantages
,
considered
as
in
reference
to
reducing
them
to
Companies
.
-
VIII
.
How
Merchants
in
England
were
provided
for
of
old
.
-
IX
.
Of
their
immunities
settled
by
Magna
Charta
.
-
X.
Of
Merchants
Strangers
,
whose
Prince
is
in
War
with
the
Crown
of
England
,
how
to
be
used
in
time
of
War
,
and
the
reasons
why
Merchants
Strangers
ought
to
be
used
fairly
.
-
XI
.
Goods
brought
in
by
them
,
the
Moneys
raised
how
to
be
disposed
,
according
to
the
Statute
of
Imployment
.
-
XII
.
Merchant
Strangers
,
made
Denizons
by
Parliaments
,
or
Letters
Patents
,
to
pay
as
before
they
were
so
made
.
-
XIII
.
What
things
requisite
,
that
makes
a
Competent
Merchant
,
according
to
Law
.
-
XIV
.
One
Merchant
may
have
an
Account
against
his
Partner
,
and
if
he
dyes
,
no
survivorship
to
be
of
the
Estate
belonging
,
or
acquired
in
their
Traffique
.
-
XV.
Of
their
Immunities
,
which
they
claim
by
the
Custom
of
Merchants
,
in
reference
to
Exchange
.
-
XVI
.
All
Subjects
are
restrained
to
depart
the
Realm
,
but
Merchants
.
-
XVII
.
Prohibitory
Laws
bind
Forraigners
,
according
to
the
Leagues
of
Nations
.
-
XVIII
.
The
necessity
,
and
advantage
that
is
incumbent
on
Merchants
,
to
preserve
their
marks
.
I.
THere
are
certain
affairs
which
should
be
left
to
the
poor
,
and
Common
People
to
enrich
them
,
but
there
are
others
which
they
only
can
execute
which
are
rich
;
as
that
at
Sea
by
way
of
Merchandizing
,
which
is
the
most
profitablest
in
an
Estate
,
and
to
the
which
they
should
attribute
more
honour
,
then
some
do
here
at
this
day
.
For
if
in
all
Estates
they
have
thought
it
fitting
,
to
invite
the
Subjects
by
honour
to
the
most
painful
,
〈◊〉
Praeter
mer●…
caturae
usum
Naves
rei
militari
,
&
tucandae
in
mari
contra
externam
vim
reipub
.
inservire
ceperunt
Ari●…istotle
7.
Pol.
6.
Mare
&
classem
in
bello
esse
tutelam
reipub
.
ait
Tacitus
5.
Histor.
Classes
Imperii
munimenta
vocat
●…theniensium
legati
apud
Thucididem
lib.
1.
Histor.
Orat.
ad
Lact●…aemonians
,
fortunas
Graeciae
in
navium
praefidio
fit
as
fuisse
praedicant
,
esus
rei
muri
lignei
Themistocles
abunde
fidem
secerunt
idem
experientia
sat
is
●…odie
loquitur
.
Inde
Cosmi
Medicaeo
familiare
fuit
dictum
,
Non
habendum
potentem
qui
potentiae
terrestri
,
non
simul
etiam
navalem
haberet
conjunctam
.
Et
Hispanorum
est
adag●…um
,
Regnum
sine
Portu
esse
sicut
furnum
●…sque
igne
:
Praeterquam
quid
navigationes
cultui
vitae
,
&
artium
traductioni
Coloniarum
valetudine
,
&
voluptati
serviunt
.
and
dangerous
actions
,
the
which
might
be
profitable
to
the
Publick
;
this
being
of
that
quality
,
they
should
attribute
more
honours
to
those
that
deal
in
it
:
And
if
Nobility
hath
taken
its
foundation
from
the
courage
of
Men
,
and
from
their
valour
,
there
is
certainly
no
vocation
;
in
the
which
there
is
so
much
required
as
in
this
;
they
are
not
only
to
encounter
,
and
strive
amongst
Men
,
but
sometimes
against
the
four
Elements
together
;
which
is
the
strongest
proof
that
can
be
of
the
Resolution
of
Man
:
This
hath
been
the
occasion
,
that
some
have
been
of
opinion
,
that
they
should
open
this
door
to
Merchants
,
to
attain
to
Nobility
,
so
as
the
Father
,
and
Son
hath
continued
in
the
same
Trade
,
and
to
suffer
Noble
Men
,
who
are
commonly
the
richest
in
an
Estate
,
to
practise
themselves
(
without
prejudice
to
their
condition
)
in
this
of
Commerce
;
the
which
would
be
more
honourable
unto
them
then
to
be
Usurers
,
and
Bankers
,
as
in
Italy
,
or
to
impoverish
themselves
,
in
doing
nothing
but
spend
,
and
make
consumption
of
their
fortunes
,
and
never
gathering
,
or
laying
up
.
II.
Hence
will
grow
many
advantages
,
both
to
the
publique
,
and
private
;
To
the
publique
,
for
that
they
that
should
deal
in
Commerce
,
having
means
,
courage
,
and
sufficiency
for
this
conduct
,
it
would
be
far
greater
in
the
furnishing
more
Ships
to
Sea
,
and
better
armed
,
the
which
the
Estate
at
need
might
make
use
of
for
the
safety
of
the
Publick
;
and
would
add
to
the
reputation
of
the
Nation
in
all
parts
,
they
knowing
that
an
indignity
,
or
dammage
offered
to
such
,
would
require
satisfaction
with
a
strong
,
and
powerful
hand
;
the
which
they
cannot
do
,
who
being
poor
,
and
having
but
small
stocks
,
or
what
they
borrow
from
Banckers
,
or
are
indebted
for
the
Cargoe
which
they
send
forth
,
have
not
the
courage
to
hazard
themselves
,
and
their
all
in
an
enterprize
that
is
great
:
Besides
such
who
have
honour
,
riches
,
and
courage
,
would
keep
up
the
reputation
of
their
several
Commodities
,
by
the
not
lessening
the
Market
,
the
which
the
poorer
sort
,
to
pay
Customes
,
Freight
,
Bills
of
Exchange
,
and
other
contingent
,
and
necessary
charges
,
which
accompanies
the
importing
,
they
are
often
forced
to
mortgage
the
Cargoe
to
the
Bankers
,
at
excessive
usury
,
or
else
to
sell
for
ready
money
,
for
an
inconsiderable
gain
,
nay
some
rather
then
their
wants
to
be
known
,
for
ready
money
will
sell
for
loss
;
all
which
would
be
prevented
,
if
such
Persons
of
value
would
apply
themselves
,
to
a
prudent
management
of
the
same
;
for
whatsoever
hazard
they
run
,
there
would
be
more
gotten
by
such
in
2.
voyages
,
then
the
smaller
sort
in
three
,
or
four
Voyages
,
and
by
that
means
it
would
be
the
occasion
of
preventing
of
many
expenses
,
or
importuning
their
Prince
with
demands
;
nay
perhaps
,
they
might
get
more
at
Sea
in
one
year
,
then
in
ten
at
Court
.
Besides
experience
hath
taught
,
and
doth
daily
manifest
,
that
where
the
richest
have
dealt
in
this
of
Commerce
,
it
hath
enriched
both
them
,
and
the
Estate
under
which
they
lived
;
and
at
this
day
the
Examples
of
the
Venetians
,
Portugals
,
Spaniards
,
and
Hollanders
have
made
it
known
unto
us
.
III.
The
consideration
of
which
,
first
gave
light
to
that
industruous
Nation
the
Burgundians
,
to
procure
the
Association
,
or
Incorporation
by
John
,
Duke
of
Brabant
,
of
that
Ancient
Company
of
the
Adventurers
Anno
1248
,
which
were
then
called
the
Brotherhood
of
Saint
Thomas
Becket
of
Canterbury
;
which
being
afterwards
translated
into
England
,
was
by
Edward
the
III.
confirmed
,
and
by
his
Successors
Henry
the
IV.
Henry
V.
Ed.
IV.
Henry
VI.
Richard
III.
and
King
Henry
the
Seventh
,
who
gave
them
the
name
of
Merchant
Adventurers
,
and
from
him
successively
hath
their
Charter
been
confirmed
down
,
to
his
sacred
Majesty
that
now
is
;
and
as
this
Society
is
of
Ancient
estimation
,
so
is
their
Government
very
commendable
.
IV.
The
Society
of
the
Company
,
trading
to
the
East-Indies
,
differ
from
others
,
both
as
in
reference
to
Persons
,
Members
which
are
at
this
day
many
of
the
principal
Nobility
of
Engalnd
,
as
also
for
that
their
Adventurers
run
all
into
many
stocks
,
and
is
governed
,
and
carried
all
jointly
upon
benefit
,
and
loss
,
they
were
incorporate
Anno
1599.
and
since
then
they
surrendred
their
Charter
,
and
accepted
a
new
one
;
and
are
incorporated
by
the
name
of
Governour
,
and
Company
trading
to
the
East-Indies
;
their
Adventurers
run
all
into
one
Stock
,
and
is
governed
,
and
carried
on
upon
benefit
,
and
loss
;
the
same
being
at
this
day
,
according
to
the
subscriptions
,
about
four
hundred
thousand
Pounds
,
which
the
several
Persons
Subscribers
may
sell
,
transfer
,
and
dispose
of
;
but
they
can
no
wayes
take
out
the
same
:
The
great
Stock
may
be
encreased
,
if
the
Company
shall
see
occasion
so
to
permit
;
but
they
are
very
cautious
of
the
same
,
for
that
the
greater
the
dividends
,
the
more
reputation
the
Stock
bears
,
which
above
all
things
is
to
be
maintained
;
however
directly
upon
his
own
account
,
no
Person
can
have
above
ten
thousand
Pounds
Stock
there
,
nor
can
he
have
a
compleat
title
,
till
he
is
made
a
Free-man
of
that
Society
;
their
returns
are
very
profitable
,
and
of
late
very
rich
,
and
have
wany
Places
of
great
importance
in
India
,
as
Meslopotam
on
the
Coast
of
Cormondel
,
Bombay
,
Suratt
,
Fort
St.
George
,
Bantam
,
&c.
V.
The
Dutch
having
found
relief
in
their
distress
,
from
the
British
shoar
,
against
their
powerful
Enemy
,
found
also
a
pattern
to
carry
on
Commerce
,
they
not
being
wanting
in
the
imitating
the
Incorporation
of
a
Company
,
trading
to
those
Places
which
they
possess'd
in
the
East-Indies
;
and
therefore
in
the
Year
1602.
leave
was
granted
from
the
Estates
,
to
Traffique
into
those
Parts
before
all
others
,
during
the
space
of
one
and
twenty
years
,
the
which
was
granted
them
,
in
consideration
of
five
and
twenty
thousand
Florens
,
which
they
promised
to
pay
to
the
Estates
during
the
first
ten
years
;
thus
reduced
all
into
into
one
Company
,
Amsterdam
had
one
moyety
,
Midleburgh
in
Zealand
a
fourth
part
,
Delph
,
Rotterdam
,
Horne
,
and
Enchusen
had
either
of
them
a
sixth
part
;
and
the
whole
Stock
of
this
Union
amounted
to
six
millions
of
Livers
,
or
six
hundred
thousand
pound
Sterling
.
For
the
direction
of
this
Trade
,
and
the
interests
of
the
Associates
,
they
have
established
,
in
either
of
those
Towns
,
a
certain
number
of
Administrators
,
at
Amsterdam
twenty
,
at
Midleburgh
,
twelve
in
either
of
the
rest
seven
;
and
if
any
one
dyes
,
the
Chamber
of
the
Place
names
three
,
of
which
either
the
Estates
General
,
or
the
Magistrate
of
the
Town
chooseth
one
.
Those
Chambers
choose
Seventeen
among
the
Administrators
,
that
is
to
say
,
Amsterdam
eight
,
Middleburgh
four
,
Delph
and
Rotterdam
two
,
Horne
and
Enchusen
two
,
and
the
Seventeen
are
chosen
alternatively
,
sometimes
at
Midleburgh
,
sometimes
at
North-Holland
,
the
which
are
called
together
to
resolve
jointly
of
how
many
Ships
,
and
of
what
Equipage
,
and
Furniture
they
shall
make
the
Fleet
,
which
they
mean
to
send
,
and
to
what
Fort
,
or
Coast
they
should
go
:
This
Assembly
is
held
six
years
together
at
Amsterdam
,
and
afterwardr
two
years
at
Midleburgh
,
and
then
again
at
Amsterdam
;
by
the
Conditions
of
the
accord
,
the
Ships
must
return
to
the
same
Port
from
which
they
parted
;
and
the
Spices
which
are
left
at
Midleburgh
,
and
other
Chambers
,
is
distributed
amongst
them
by
the
weight
of
Amsterdam
,
and
the
Chamber
which
hath
sold
her
Spices
,
may
buy
from
other
Chambers
.
By
this
Order
they
have
hitherto
continued
this
Commerce
with
reputation
,
not
as
simple
Merchants
only
,
but
as
if
they
were
Soveraigns
,
they
have
made
in
the
Names
of
the
Estates
,
Alliances
with
many
of
the
Princes
of
those
parts
;
as
with
the
Kings
of
Sian
,
Quadoen
,
Patam
,
Johor
,
the
Heir
of
Mataca
,
Bornean
,
Achin
,
Sinnatra
,
Baretan
,
Jocotra
,
and
other
Kings
of
Jatta
;
they
have
made
themselves
absolute
Masters
of
the
Island
of
Amboina
,
but
by
what
means
?
—
Where
they
have
a
President
,
which
governs
in
their
name
;
at
Banda
they
have
a
Fort
for
a
retreat
;
where
they
must
deliver
them
the
Spices
at
a
certain
price
;
in
Trinate
they
have
another
a
mile
distant
of
that
of
the
Portugales
;
at
Magniene
they
have
three
;
at
Motire
one
;
at
Gilele
they
have
taken
that
which
the
Portugales
have
built
;
and
indeed
whatsoever
either
can
,
or
may
consist
with
their
interest
in
those
parts
,
they
have
engrossed
,
and
by
that
means
almost
the
Trade
of
the
whole
Spices
of
the
East
.
VI.
So
likewise
the
Most
Christian
King
,
hath
within
few
years
established
such
another
Trading
,
to
those
Eastern
Parts
.
And
in
England
we
have
several
others
,
as
that
of
trading
to
Turkey
,
that
of
Affrica
,
to
Guiny
,
and
several
others
,
dividing
the
several
Trades
according
to
the
Coasts
,
and
Places
where
they
are
appointed
;
forbidding
them
to
intrench
,
or
incroach
on
each
other
,
so
likewise
to
all
other
his
Majesties
Subjects
,
on
severe
penalties
.
VII
.
Now
it
is
not
the
dividing
of
the
Trade
into
Companies
,
that
can
answer
the
expectation
,
but
it
is
the
dividing
the
Trade
into
Companies
,
where
the
Places
may
bear
it
;
as
that
to
the
Indies
,
Turkey
,
Hambourough
,
and
some
others
;
But
to
some
others
,
as
the
Canaries
,
France
,
or
any
of
those
Places
on
this
side
the
Line
,
it
has
been
conceived
,
the
Trade
will
not
bear
it
,
but
the
same
would
be
better
distributed
,
either
into
the
Trade
of
voluntary
Associations
,
or
single
Traders
;
others
perhaps
would
result
into
Monopolies
,
if
incorporated
;
however
the
Standard
rule
is
,
to
know
whether
the
Trade
of
the
Place
will
bear
a
Company
,
or
not
.
VIII
.
Merchants
in
England
were
alwayes
favourably
provided
for
,
by
the
Common
Law
of
this
Kingdom
:
By
the
Ancient
Laws
of
King
Alfred
it
was
provided
,
Defer
due
fuit
que
nul
Merchant
Alien
ne
hanta●…t
Mirour
Cap.
1.
Sect.
3.
Intr.
leges
Ethel
.
Cap.
2.
Angleterre
,
forsque
aur
quater
Foires
,
ne
que
nul
demeurast
in
la
terre
outer
quarante
Iours
:
Mercatorum
navigia
,
vel
inimicorum
quidem
quaecunque
ex
alto
(
nullis
jactata
tempestatibus
)
in
portum
aliquem
invehentur
tranquilla
pace
fruuntor
,
quin
etiam
si
maris
acta
fluctibus
,
ad
domicilium
aliquod
illustre
,
ac
pacis
beneficio
donatum
navis
appulerit
inimica
,
atque
istuc
nautae
confugerint
,
ipsi
&
res
illorum
omnes
angusta
pace
potiuntor
.
IX
.
Again
by
the
Grand
Charter
of
our
Liberties
,
they
are
provided
for
in
these
words
:
Omnes
Mercatores
nisi
publice
antea
prohibiti
fuerint
habeant
salvum
,
&
Magna
Charta
Cap.
30.
securum
conductum
,
exire
de
Anglia
,
&
venire
in
Angliam
,
&
morari
,
&
ire
per
Angliam
,
tam
per
terram
,
quam
per
aquam
,
ad
emendum
,
vel
vendendum
sine
omnibus
malis
tolentis
per
antiquas
,
&
rectas
consuetudines
praeterquam
in
tempore
guerrae
.
Et
sint
de
terra
contra
nos
guerrina
,
&
tales
inveniantur
in
terra
nostra
in
principio
guerrae
,
attachiantur
sine
damno
corporum
suorum
,
vel
rerum
,
donec
sciatur
a
nobis
,
vel
a
Capitali
Justitiario
nostro
,
quomodo
Mercatores
terrae
nostrae
tractantur
,
qui
nunc
inveniantur
in
terra
illa
contra
nos
guerrina
;
Et
si
nostri
salvi
sint
ibi
alii
salvi
sint
in
terra
nostra
.
1.
By
which
it
is
declared
,
that
all
Merchant
Strangers
might
be
publiquely
prohibited
to
Trade
into
this
Realm
,
be
they
in
Amity
,
or
otherwise
.
2.
All
Merchant
Strangers
in
Amity
,
except
such
as
be
so
publiquely
prohibited
,
shall
have
safe
and
sure
conduct
in
seven
things
.
1.
To
depart
out
of
|
England
.
|
2.
To
come
into
|
3.
To
tarry
in
|
4.
By
Water
,
and
Land
to
go
in
,
and
thorough
|
5.
To
buy
,
and
sell
,
|
|
6.
Without
any
manner
of
evils
Tolls
.
|
|
7.
By
old
,
and
rightful
Customs
.
|
|
X.
But
concerning
such
Merchant
Strangers
,
whose
Prince
is
in
War
with
the
Crown
of
England
,
if
they
are
found
within
the
Realm
,
at
the
beginning
of
the
War
,
they
shall
be
attached
with
a
Priviledge
,
and
limitation
,
i.
e.
without
harm
of
Body
,
or
Goods
;
with
this
limitation
,
until
it
be
known
to
the
King
,
or
his
Chief
Justice
[
](A51124-e104090-b)*
*
That
is
the
Keeper
of
the
Realm
in
his
absence
.
Et
in
Republica
maxime
conservanda
sunt
jura
Belli
Co.
2.
Inst.
fol.
58.
,
how
Merchants
of
England
are
used
,
and
intreated
in
their
Countrey
,
and
accordingly
they
shall
be
used
in
England
,
the
same
being
jus
Beli.
But
for
Merchant
Strangers
,
that
come
into
the
Realm
after
War
begun
,
they
may
be
dealt
withal
as
open
Enemies
:
It
being
the
Pollicy
of
England
ever
to
entertain
Merchant
Strangers
fairly
,
in
the
18.
year
of
Ed.
1.
in
the
Parliament
Roll
it
is
contained
thus
:
Cives
London
pe●…unt
,
quod
alienigenae
Mercatores
expellantur
a
Civitate
,
quia
dicantur
ad
depauperationem
Civium
,
&c.
—
Responsio
.
Rett
.
Parliamenti
18.
E.
1
fol.
4.
num.
55.
—
Rex
intendit
quod
Mercatores
extranei
sunt
idonei
,
&
utiles
magnatibus
,
&c.
&
non
habet
Concilium
eos
expellendi
:
However
though
great
Immunities
were
granted
them
,
yet
they
alwayes
found
Sureties
,
that
they
should
not
carry
out
the
Merchandize
which
they
brought
in
.
Rot.
Vascan
.
18.
Ed.
2.
m.
21.
XI
.
And
at
this
day
,
if
they
bring
in
any
Merchandize
into
the
Realm
,
and
sell
the
same
for
Moneys
,
they
are
to
bestow
the
same
upon
other
Merchandizes
of
England
,
without
carrying
of
any
Gold
,
or
Silver
in
coin
,
4
H.
4.
Ca.
5.
5
H.
4.
Ca.
9.
plate
or
mass
out
,
on
forfeiture
;
the
principal
reason
of
this
was
as
well
to
preserve
,
and
keep
the
Gold
,
and
Silver
within
the
Realm
,
as
for
the
encrease
of
the
Manufactures
;
and
the
same
at
this
day
extends
as
well
to
Denizons
,
so
made
by
Letters
Patents
,
as
Strangers
;
however
he
may
use
the
same
in
payment
,
to
the
Kings
Leige
People
,
without
[
](A51124-e104270-b)*
*
Stat.
17
to
.
4.
Cap.
1.
confirmed
by
3
H.
7.
Cap.
8.
incurring
the
penalty
of
the
Statute
of
4
H.
4.
but
yet
in
strictness
of
Law
,
ought
not
to
receive
[
](A51124-e104300-b)†
†
8
H.
6.
〈◊〉
.
14
any
Gold
in
payment
.
XII
.
All
Merchant
Strangers
that
shall
be
made
Denizons
,
either
by
the
Kings
Letters
Patents
,
or
by
Act
11
H.
7.
cap.
14.
22
H.
8.
cap.
8.
1
E●…z
.
cap.
〈◊〉
.
C●…
.
〈◊〉
.
Inst.
fol.
7●…
.
of
Parliament
,
must
pay
for
their
Merchandize
like
Custom
,
and
Subsidy
,
as
they
ought
,
or
should
pay
before
they
were
made
Denizons
.
XIII
.
Every
one
that
buys
and
sells
,
is
not
from
thence
to
be
denominated
a
Merchant
;
but
only
he
who
E●…g
.
●…ic
.
C●…d
.
de
〈◊〉
.
&
Alce●…
.
in
Leg.
●…ercis
66.
&
in
Leg.
●…ercis
207.
de
〈◊〉
.
〈◊〉
.
trafiques
in
the
way
of
Commerce
,
by
importation
,
or
exportation
;
or
otherwise
in
the
way
of
Emption
,
vendition
,
Barter
,
permutation
,
or
exchange
,
and
which
makes
it
his
living
to
buy
and
sell
,
and
that
by
a
continued
assiduity
,
or
frequent
negotiation
in
the
mystery
of
merchandizing
:
But
those
that
buy
Goods
,
to
reduce
them
by
their
own
art
or
industry
,
into
other
forms
then
formerly
they
were
of
,
are
properly
called
Artificers
,
not
Merchants
:
Not
but
Merchants
may
,
〈◊〉
●…iens
88.
dist.
and
do
alter
Commodities
after
they
have
bought
them
,
for
the
more
expedite
Sale
of
them
,
but
that
renders
them
nor
Arti●…rs
,
but
the
same
is
part
of
the
mystery
of
M●…ts
;
But
Per●…●…ying
Commodities
,
though
the●…
al●…
not
the
form
,
yet
if
they
are
such
as
●…ell
the
〈◊〉
de
cae●…tr
.
in
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
〈◊〉
at
●…ure
dayes
of
payment
,
for
greater
pri●…
then
〈◊〉
〈◊〉
them
,
they
are
not
properly
called
Merchants
,
〈◊〉
are
〈◊〉
,
th●…
they
〈◊〉
〈◊〉
other
names
,
as
Ware-House
Keepers
,
and
the
like
,
but
Banckers
,
and
F.
N.
B.
117.
B.
38.
E.
37.
Co.
on
Littleton
fo.
182.
per
Legem
mercatoriam
,
jus
accrescendi
inter
mercatoper
benefici●…
.
Commercii
locum
non
habet
.
Co.
sur
Litt.
fo.
172.
lib.
Intrat
.
fol.
17
,
18
,
19.
such
as
deal
by
Exchange
,
are
properly
called
Merchants
.
XIV
.
The
Wares
,
Merchandizes
,
Debts
,
or
Duties
that
Merchants
have
as
joint
Traders
,
or
Partners
,
shall
not
go
to
the
Survivor
,
but
shall
go
to
the
Executor
of
him
that
is
deceased
.
If
two
joynt
Merchants
occupy
their
Stock
,
Goods
,
and
Merchandize
in
Common
to
their
common
profit
,
one
of
them
naming
of
himself
a
Merchant
,
shall
have
an
account
against
the
other
naming
him
a
Merchant
;
and
shall
charge
him
as
Receptor
denariorum
ipsius
B.
ex
quacunque
causa
,
&
contractu
ad
communem
utilitatem
ipsorum
A.
&
B.
provenient
sicut
per
legem
Mercatoriam
rationabiliter
monstrare
poterit
.
XV.
And
as
the
Law
establishes
security
for
their
Estates
,
so
it
gives
them
other
immunities
in
their
Commerce
;
for
if
one
Merchant
draws
a
Bill
of
Exchange
Martin
versus
Bo●…z
.
1
Jac.
B.
R.
2
Cro.
fo.
7.
upon
another
,
be
it
in-Land
,
or
out-Land
(
if
it
be
by
way
of
Exchange
)
the
acceptance
of
the
Bill
by
the
Party
,
shall
bind
him
to
that
party
,
to
whose
use
the
Money
in
the
Bill
is
to
be
paid
,
and
he
may
bring
his
action
in
his
own
name
,
per
legem
Mercatoriam
.
And
so
it
is
if
a
third
Person
,
that
is
a
Stranger
to
Vid.
tit
.
Exchange
.
the
Bill
,
shall
accept
the
same
for
the
honour
of
the
Drawer
,
it
shall
bind
him
as
effectually
,
as
if
he
upon
whom
the
Bill
was
drawn
had
accepted
it
;
and
this
by
the
Custom
of
Merchants
.
XVI
.
All
other
Subjects
are
restrained
to
depart
the
Realm
,
to
live
out
of
the
Realm
,
and
out
of
the
Kings
Mich
12
,
&
13
Eliz.
Dyer
fol.
296.
Pasc.
23.
Eliz.
fo●…
375.
5.
Obedience
,
if
the
King
so
thinks
fit
;
but
Merchants
are
not
,
for
they
may
depart
,
and
the
same
is
no
contempt
,
they
being
excepted
out
of
the
Statute
of
5
R.
2
cap.
2.
And
by
the
Common
Law
,
they
might
pass
the
Seas
without
Licence
,
though
not
to
Merchandize
.
XVII
.
It
was
once
conceived
,
that
those
Laws
which
were
prohibitory
against
Forraign
Goods
,
did
not
bind
a
Merchant-Stranger
,
but
it
was
ruled
otherwise
:
For
in
the
Leagues
that
are
now
established
between
Nation
and
Nation
,
the
Laws
of
either
Kingdom
are
excepted
;
and
therefore
as
the
English
in
France
,
or
in
any
other
Nation
in
Amity
,
are
subject
to
the
Laws
of
19
H.
7.
that
Countrey
where
they
reside
;
so
must
they
of
France
,
Tomlinson
qui
tam
vers.
Henry
He
Vale
Pasce
,
36
Eliz.
in
the
Exchequer
.
or
of
any
other
Country
be
subject
to
the
Laws
of
England
,
when
resident
or
here
;
and
therefore
if
a
French
Man
imports
any
Points
,
Laces
,
Belts
,
Hats
,
and
the
like
,
they
are
forfeited
.
XVIII
.
The
marking
of
Goods
is
of
a
great
consequence
,
as
in
relation
to
the
settling
the
property
of
the
Merchandize
in
the
right
Owner
;
and
in
Courts
of
Justice
,
both
the
Civil
Law
,
and
the
Common
Law
,
hath
a
great
respect
to
the
same
,
therefore
the
use
has
been
,
that
every
particular
Merchant
,
hath
his
particular
mark
appropriated
to
him
;
by
which
means
,
if
the
Person
is
of
any
value
considerable
,
as
in
relation
to
Commerce
,
his
mark
is
presently
known
.
Every
Merchant
is
to
set
down
his
mark
upon
his
Books
of
Account
,
wherewith
his
Commodities
are
marked
;
The
Cutlers
of
London
do
give
to
each
Member
a
particular
Mark
,
which
cannot
be
used
or
appropriated
,
without
a
particular
order
and
leave
of
the
Company
and
Party
,
and
so
other
Companies
.
so
Companies
and
Societies
have
their
particular
mark
:
No
Merchant
ought
to
use
another
mark
,
without
leave
first
had
of
the
Party
whose
mark
the
same
is
;
for
as
Flags
are
the
Ensigns
,
that
give
consusance
of
the
Nation
whose
Ships
they
are
,
so
marks
are
to
ascertain
the
Owners
of
their
property
,
without
confusion
or
damage
:
And
though
to
set
the
mark
of
another
Man
,
alters
not
the
property
,
yet
it
may
work
such
a
detriment
as
may
be
very
mischievous
;
and
therefore
by
the
Common
Law
of
England
,
if
J.
S.
shall
maliciously
set
the
mark
of
J.
D.
upon
his
Goods
,
to
the
intent
J.
D.
shall
,
or
may
be
brought
into
any
trouble
,
or
2
Cro.
fo.
471.
put
to
any
dammage
or
charge
,
an
action
of
the
case
will
against
J.
S.
CHAP.
VII
.
Of
Factors
.
-
I.
Factors
,
their
qualifications
generally
considered
,
as
in
refference
to
their
employment
.
-
II.
Of
Commissions
,
and
the
words
in
the
same
,
that
quallifies
them
in
their
employment
.
-
III.
Of
Commissions
to
Factors
that
limit
their
actions
.
-
IV.
Of
a
Factor
that
deals
for
several
Merchants
,
of
the
obligations
that
oblige
,
and
not
oblige
each
other
.
-
V.
Of
their
power
,
considered
as
in
refference
to
the
dispensing
with
the
Debtors
of
their
Principals
.
-
VI.
Where
the
false
entry
,
or
unfaithfulness
of
the
Factor
,
subjects
him
to
answer
dammage
to
his
Principal
;
and
of
the
like
committed
by
the
Principal
,
where
to
answer
to
the
Factor
.
-
VII
.
Of
Goods
remitted
to
Factors
,
and
lost
in
their
possession
,
who
bears
the
misfortune
.
-
VIII
.
Bills
of
Exchange
drawn
on
the
Factor
by
the
Principal●…
,
and
accepted
,
but
before
day
of
payment
the
Principal
becomes
Bankrupt
,
whether
the
same
must
be
payed
.
-
IX
.
Of
Freighting
of
Ships
by
a
Factor
,
where
he
is
obliged
to
see
the
same
discharged
.
-
X.
Of
the
general
rules
to
be
used
,
touching
the
construction
of
their
▪
actions
.
I.
A
Factor
is
a
Servant
,
created
by
a
Merchants
Letters
,
and
taketh
a
kind
of
provision
called
Factorage
,
such
Persons
are
bound
to
answer
the
loss
,
which
happens
by
over-passing
,
or
exceeding
their
Commission
;
but
a
simple
Servant
,
or
an
Apprentice
can
only
incur
his
Masters
displeasure
.
The
Spaniard
hath
a
Proverb
:
Quien
passa
Commission
pier
de
Provision
;
He
that
exceeds
his
Commission
,
shall
loose
his
Factorage
:
But
time
and
experience
hath
taught
them
to
know
better
things
,
for
now
it
is
:
Subolca
la
paga
,
His
Purse
must
pay
for
it
.
The
gain
of
Factorage
is
certain
,
however
the
success
of
the
Voyage
proves
;
and
it
is
the
prudence
of
Merchants
to
chuse
honest
,
and
industruous
Persons
,
for
otherwise
the
Factor
may
grow
rich
,
and
the
Merchant
poor
;
the
first
being
sure
of
his
reward
,
the
latter
uncertain
of
his
gain
.
II.
In
Commissions
they
now
generally
incert
these
words
:
Dispose
,
do
,
and
deal
therein
as
if
it
were
your
own
;
by
which
the
actions
of
the
Factor
are
to
be
excused
,
though
it
turns
to
his
Principals
loss
,
because
it
shall
be
presumed
he
did
it
for
the
best
,
and
according
to
his
discretion
.
III.
But
bare
Commission
to
a
Factor
,
to
sell
and
dispose
,
will
not
enable
him
to
trust
,
or
give
further
day
of
payment
;
for
in
the
due
execution
of
his
authority
,
he
ought
on
a
Sale
to
receive
quid
pro
quo
,
and
as
he
delivers
one
receive
the
other
,
for
otherwise
by
that
means
,
as
they
may
trust
six
Moneths
,
they
may
trust
sixteen
years
:
Nor
by
the
vertue
of
that
clause
,
of
Doing
as
if
it
were
their
own
,
may
they
trust
out
to
an
unreasonable
time
,
as
ten
or
twenty
years
instead
of
one
,
two
,
three
Moneths
,
which
is
the
Customary
time
for
I
Jac.
B.
R.
Rott.
416.
Barton
&
Saddocks
Bolstr
.
1.
part
103.
the
like
Commodities
:
And
so
it
was
adjudged
,
where
one
had
remitted
Jewels
to
his
Factor
in
Barbary
,
who
disposed
of
the
same
to
Mulleshack
the
Emperor
,
for
a
Sum
certain
to
be
paid
at
a
time
,
which
being
elapsed
,
the
Factor
not
obtaining
it
,
was
forced
to
make
the
same
good
to
his
Principal
.
IV.
Again
,
one
and
the
same
Factor
may
act
for
several
Merchants
,
who
must
run
the
joynt
risque
of
his
actions
,
though
they
are
meer
Strangers
to
one
another
;
as
if
five
Merchants
shall
remit
to
one
Factor
five
distinct
Bales
of
Goods
,
and
the
Factor
makes
one
joynt
Sale
of
them
to
one
man
,
who
is
to
pay
one
moyety
down
,
and
the
other
at
six
Moneths
end
;
if
the
Vendee
breaks
before
the
second
payment
,
each
man
must
bear
an
equal
share
of
the
loss
,
and
be
contented
to
accept
of
their
dividend
of
the
Money
advanced
.
But
if
such
a
Factor
draws
a
Bill
of
Exchange
,
upon
all
those
five
Merchants
,
and
one
of
them
accepts
the
same
,
the
others
shall
not
be
obliged
to
make
good
the
payment
.
Mich.
17
Jac.
C.
B.
Van
Heath
versus
Turner
Winch
24
,
25.
V.
And
as
the
Authority
,
and
trust
reposed
in
Factors
is
very
great
,
so
ought
they
to
be
provident
in
their
actions
,
for
the
benefit
of
their
Principals
;
and
therefore
if
Factors
shall
give
time
to
a
Man
for
payment
of
moneys
contracted
on
Sale
of
their
Principals
Goods
,
and
after
the
time
is
elapsed
,
they
shall
sell
Goods
of
their
own
to
such
Persons
for
ready
Cash
(
leaving
their
Principals
unreceived
)
and
then
such
Men
break
,
and
become
insolvent
,
the
Factor
in
equity
and
honesty
ought
to
make
good
the
losses
,
for
they
ought
not
to
dispense
with
the
non-payment
of
their
Principals
Moneys
,
after
they
become
due
,
and
procure
payment
of
their
own
to
an
other
mans
loss
;
but
by
the
Laws
of
England
they
cannot
be
compelled
.
VI.
Yet
if
Goods
are
remitted
to
a
Factor
,
and
upon
arrival
he
shall
make
a
false
Entry
at
the
Custom-house
,
or
land
them
without
the
Customer
,
whereby
they
shall
incur
a
seisure
or
forfeiture
,
whatsoever
Levison
versus
Kirke
Trin.
7.
Jac.
in
B.
R.
Lane
Repor
.
65.
the
Principal
is
endammaged
,
he
must
inevitably
make
good
,
nor
will
such
general
clause
help
him
as
above
:
But
if
a
Factor
makes
his
Entry
according
to
the
Envoice
,
or
his
Letter
of
Advice
,
and
it
falls
out
the
same
are
mistaken
,
if
the
Goods
shall
be
lost
,
yet
the
Factor
is
descharged
.
And
as
fidelity
,
diligence
,
and
honesty
are
expected
from
the
Factor
,
so
the
Law
requires
the
like
from
the
Principal
,
judging
the
act
of
one
to
be
the
act
of
the
other
;
and
therefore
if
a
Merchant
shall
remit
Counterfeir
Jewels
to
his
Factor
,
who
sells
and
disposes
them
for
valuable
considerations
,
as
if
they
were
right
,
if
the
Factor
receives
any
loss
or
prejudice
thereby
,
by
imprisonment
or
other
punishment
,
the
Master
shall
not
only
make
good
the
dammage
to
the
Factor
,
but
also
render
satisfaction
to
the
Party
damnified
;
and
so
it
was
adjudged
,
where
one
How
was
possessed
of
three
Counterfeit
Jewels
,
and
having
Factors
in
Barbary
,
and
knowing
one
Southern
,
a
Merchant
,
was
resident
on
the
Place
,
consigns
those
Jewels
to
his
Factor
,
who
receiving
them
,
intreated
Southern
to
sell
those
Jewels
for
him
,
telling
him
they
were
good
Jewels
;
whereupon
Southern
,
not
knowing
they
were
counterfeit
,
sold
them
to
the
King
of
Barbary
for
eight
hundred
Pounds
(
they
Hill
25
Jac●…
B.
R.
Cro.
2.
part
fo.
490.
Bridgman
126
,
127.
Popham
143.
not
resolved
that
Book
.
being
worth
really
but
one
hundred
Pounds
)
and
delivered
the
Money
to
the
Factor
,
who
remitted
the
same
to
How
;
the
King
of
Barbary
not
long
after
finding
himself
couzened
,
committed
Southern
to
Prison
till
he
repaid
the
eight
hundred
Pounds
:
Whereupon
Southern
coming
for
England
,
brought
his
action
against
How
,
and
had
Judgment
to
recover
his
dammage
;
for
the
Principal
shall
answer
for
his
Factor
in
all
cases
where
he
is
privy
to
the
act
or
wrong
:
And
so
it
is
in
Contracts
,
if
a
Factor
shall
buy
Goods
on
the
Account
of
the
Principal
(
especially
if
he
has
used
so
to
do
)
the
Contract
of
the
Factor
will
oblige
the
Principal
to
a
Hill
43.
Eliz.
B.
R.
Petties
&
Soames
case
Goldsbr
.
fol.
137.
performance
of
the
bargain
.
VII
.
When
Factors
have
obtained
a
provenue
or
proffit
for
their
Principal
,
they
must
be
careful
how
they
dispose
of
the
same
,
for
without
Commission
or
order
they
must
be
responsible
.
Goods
remitted
to
Factors
,
ought
in
honesty
to
be
carefully
preserved
,
for
the
trust
is
great
that
is
reposed
;
and
therefore
a
Factor
robbed
in
an
Account
,
brought
against
him
by
his
Principal
,
the
same
shall
discharge
him
[
](A51124-e105260-b)†
†
Southels
case
.
Coke
lib.
4.
fo.
.
And
so
it
is
if
a
Factor
buyes
Goods
for
his
Principal
,
which
afterwards
happens
to
be
damnified
,
the
Principal
must
bear
the
misfortune
:
But
if
a
Factor
shall
dispose
of
the
Goods
of
his
Principal
,
and
take
Money
that
is
false
,
he
shall
there
make
Good
the
loss
;
yet
if
he
receives
Moneys
,
and
afterwards
the
same
is
by
Edict
,
or
Proclamation
lessened
in
value
,
the
Merchant
,
and
not
the
Factor
must
there
bear
the
loss
.
Again
,
in
Letters
of
Credit
,
the
Factor
must
be
sure
to
see
,
whether
the
Commission
is
for
a
time
certain
,
or
to
such
a
value
,
or
not
exceeding
such
a
Sum
,
or
general
,
in
which
he
must
have
a
careful
eye
.
VIII
.
A
Merchant
remits
Goods
to
his
Factor
,
and
about
a
Moneth
after
draws
a
Bill
on
him
,
the
Factor
having
Effects
in
his
hands
,
accepts
the
Bill
,
then
the
Principal
breaks
,
against
whom
a
Commission
of
Banckrupts
is
awarded
,
and
the
Goods
in
the
Factors
Quere
,
If
equity
may
not
relieve
in
such
case
.
hands
are
seized
;
it
has
been
conceived
,
the
Factor
must
answer
the
Bill
notwithstanding
,
and
come
in
a
Creditor
,
for
so
much
as
he
was
enforced
by
reason
of
his
acceptance
to
pay
.
IX
.
If
a
Factor
enters
into
a
Charter
Party
with
a
Master
for
Freightment
,
the
Contract
obliges
him
;
but
if
he
lades
aboard
generally
the
Goods
,
the
Principals
and
the
lading
are
made
liable
,
and
not
the
Factor
,
for
the
Freightment
.
The
Principal
orders
his
Factor
,
that
as
soon
as
he
hath
laoded
(
he
having
Moneys
in
his
hand
)
to
make
an
Assurance
on
the
Ship
and
Goods
,
if
the
Ship
happens
to
miscarry
by
the
Custom
of
Merchants
,
he
shall
answer
the
same
,
if
he
hath
neglected
his
Commission
;
so
it
is
,
if
he
having
made
an
Assurance
,
and
loss
hath
occurred
,
he
ought
not
to
make
a
Composition
without
orders
from
his
Principal
.
Generally
the
actions
of
Factors
do
depend
on
Buying
,
Selling
,
Freighting
,
and
all
other
the
Heads
that
have
been
treated
in
the
Second
Book
,
by
which
their
employment
is
universal
in
matters
Maritime
,
and
of
Commerce
;
and
the
questions
which
would
arise
touching
the
same
,
if
treated
on
,
would
be
infinitum
:
However
these
are
to
be
the
Standard
rules
,
which
should
govern
their
actions
;
viz.
honesty
,
faithfulness
,
diligence
,
and
observing
of
Commission
,
or
Instructions
,
which
being
considered
,
and
weighed
by
those
that
shall
be
Judge
of
their
actions
,
a
right
understanding
and
determing
of
the
matters
,
arrising
between
them
and
their
Principals
,
would
soon
be
ended
.
But
those
sort
of
Factors
that
have
wanted
those
things
,
seldom
or
never
render
any
other
account
,
but
long
,
and
tedious
Chancery
Suits
;
by
which
they
not
only
have
endammaged
their
very
Trade
,
but
seek
to
marry
their
Principal
to
a
double
affliction
,
by
obliging
them
to
sue
either
a
Beggar
,
or
that
which
is
worse
,
a
naughty
man
.
On
the
other
hand
,
Factors
that
behave
themselves
worthily
,
and
prudently
in
the
service
of
their
Principals
,
ought
after
their
tedious
service
be
numbered
amongst
those
that
justly
challenge
that
worthy
denomination
of
Merchant
:
And
such
was
he
who
never
made
breach
of
Commission
,
in
the
service
of
his
Principal
,
but
once
;
that
was
,
when
Wines
were
committed
to
him
to
dispose
of
,
but
the
price
(
by
reason
of
a
glut
)
fell
,
advice
being
given
to
the
Principal
of
the
same
,
who
immediately
in
passion
writes
to
his
Factor
,
to
take
a
hammer
and
knock
out
the
heads
;
but
the
Factor
considering
(
that
leave
must
be
given
to
loosers
to
speak
)
knew
better
things
,
and
kept
the
sold
them
for
their
full
value
;
and
when
Accounts
were
to
be
made
,
instead
of
bringing
to
the
Account
of
Wines
,
their
heads
knockt
per
order
;
worthily
brought
per
contra
,
sold
at
their
intrinsique
value
.
Such
faithful
Ministers
,
I
say
,
justly
deserve
that
of
our
Saviour
,
Well
done
,
&c.
and
be
no
more
called
Factor
,
but
Merchant
.
CHAP.
VIII
.
Of
the
Laws
of
Nature
and
Nations
.
-
I.
Of
the
variety
and
contrariety
of
humane
actions
,
and
from
whence
they
spring
.
-
II.
Of
the
difficulties
that
happen
in
the
obstructing
our
inquisition
,
in
finding
that
which
is
lawful
.
-
III.
Humane
Laws
from
whence
they
flow
,
and
wherefore
the
Laws
of
Nature
are
above
ours
.
-
IV.
No
man
naturally
more
a
Judge
then
another
,
of
Natures
Laws
.
-
V.
Nature's
Laws
are
instituted
for
inward
goodness
,
and
virtue
;
but
State
Laws
for
quiet
,
and
repose
.
-
VI.
Of
punishment
required
by
Kings
,
against
those
that
violate
the
Laws
of
Nature
or
Nations
,
though
the
same
touch
not
them
,
nor
their
Subjects
,
and
of
punishing
an
equal
.
-
VII
.
Of
punishing
an
equal
,
where
that
right
fails
,
and
the
reasons
of
the
same
.
-
VIII
.
Of
Kingdoms
equal
in
Power
,
cannot
be
commanded
,
but
entreated
,
may
be
to
execute
the
Judgement
of
another
,
by
the
Law
of
Nations
.
-
IX
.
That
such
power
of
executing
the
Judgments
,
or
Decrees
of
any
Forreign
Nation
,
extends
not
to
those
of
life
or
Honour
.
-
X.
Of
executing
the
Judgments
given
in
a
Kingdom
absolute
,
in
another
that
is
annexed
by
Conquest
;
and
of
the
difference
of
that
,
and
one
by
Union
:
-
XI
.
Where
that
right
fails
in
Plantations
,
and
the
reasons
of
the
same
.
I.
PLain
Reason
shews
us
,
that
Natural
and
Mathematical
causes
have
more
certitude
then
Civil
;
for
Nature
is
alwayes
uniform
and
alike
in
its
operations
:
Hence
fire
alwayes
burne
,
and
never
wets
a
stone
,
in
the
ayre
naturally
tends
downwards
,
and
never
stayes
in
the
middle
:
In
Mathimatical
causes
ordinarily
the
forms
,
are
such
,
as
have
no
middle
interposed
,
as
betwixt
even
and
odd
;
There
is
no
medium
parti
participationis
,
betwixt
a
right
line
and
a
crooked
;
there
is
no
middle
sort
of
line
;
thus
two
and
two
alwayes
make
four
.
But
Civil
or
Humane
actions
,
proceeding
from
a
〈◊〉
table
and
various
principle
(
the
will
[
](A51124-e105640-b)*
*
In
〈◊〉
〈◊〉
turale
set
〈◊〉
ctandum
in
his
quae
〈◊〉
〈◊〉
dam
not
●…am
se
〈◊〉
no●…
in
deprav●…
.
Arist.
〈◊〉
.
〈◊〉
.
〈◊〉
.
)
cannot
alwayes
be
alike
or
uniform
:
And
besides
the
will
within
,
humane
actions
without
,
are
subjected
to
different
circumstances
,
and
to
infinite
encounters
;
by
reason
of
which
their
excessive
number
,
they
cannot
be
foreseen
while
Men
are
making
Laws
:
Hence
we
may
understand
,
wherefore
it
is
said
,
Omnis
definitio
in
jure
est
periculosae
,
and
that
summum
Jus
at
some
time
may
be
found
summum
injuria
;
as
to
render
a
Man
his
Sword
,
when
he
is
actually
mad
,
&c.
And
as
circumstance
hath
power
to
change
the
matter
,
so
in
the
form
of
the
action
,
it
leaves
in
the
middle
a
latitude
,
sometimes
enclining
to
one
extream
,
sometimes
to
another
.
For
Example
,
betwixt
that
which
by
precept
we
are
commanded
ever
to
do
,
and
that
which
we
are
commanded
act
ever
to
do
,
is
plac'd
that
which
is
lawful
for
Non
ide●…
id
Deum
velle
,
quia
justum
est
,
sed
justum
esse
,
(
that
is
due
in
Law
)
quia
Deus
voluit
.
Anaxarchus
apud
Plutarchum
in
Alexandro
.
us
now
and
then
to
do
,
or
not
to
do
,
in
matters
of
our
own
right
,
so
far
as
they
seem
expedient
,
or
not
expedient
for
us
:
Thus
Joseph
is
called
a
just
Man
,
because
he
thought
of
divorcing
himself
from
Mary
,
though
upon
circumstances
he
would
not
,
&c.
But
that
which
perplexes
us
all
here
is
,
that
this
licitum
leans
sometimes
more
to
the
one
hand
,
sometimes
more
to
the
other
,
sometimes
more
to
that
which
is
absolutely
good
,
sometimes
more
to
that
which
is
absolutly
bad
;
from
whence
grow
scruples
&
doubtings
,
whether
in
such
twilight
we
really
participate
more
of
light
then
of
darkness
,
that
is
more
of
good
then
of
bad
.
III.
Humane
Laws
grow
most
out
of
these
middle
things
,
ex
mediis
licitis
;
and
upon
right
examination
we
find
,
that
a
Man
hath
nothing
else
to
dispose
,
for
we
Vasqu
.
11.
Controv.
54.
4
:
(
poor
subordinate
Vessels
)
cannot
so
much
as
deliberate
de
absolute
debitis
,
and
absolute
illicitis
,
for
they
were
in
force
before
Man
,
Prince
or
People
were
in
being
,
and
God
Grotius
de
Jure
Belli
ac
Pacis
,
lib.
1.
cap.
1.
§
:
14.
himself
cannot
now
alter
them
,
they
flowing
intrinsically
,
either
from
his
Sanctity
,
Wisdom
,
and
Justice
,
as
he
is
a
Creator
and
Governour
;
or
else
they
flow
from
Nature
,
whose
rule
(
according
to
Gods
making
it
by
that
which
is
in
himself
)
is
right
reason
and
honesty
:
This
upright●…ess
of
Nature
,
together
with
that
obligation
we
have
to
be
subject
to
it
,
was
not
a
moment
after
us
,
and
therefore
we
could
not
determine
any
thing
about
it
;
for
which
cause
we
have
not
a
legislative
power
to
alter
or
diminish
any
of
Nature's
Laws
.
IV.
Saint
Paul
tells
us
,
of
those
who
without
any
after
knowledge
of
Gods
revealed
will
or
Laws
to
Man
,
were
condemnable
by
those
of
Nature
alone
,
in
the
punishing
the
Breakers
whereof
:
No
Man
is
naturally
more
a
Magistrate
then
other
;
otherwise
what
meant
Cain
,
when
after
his
murther
he
cryed
,
whosoever
shall
find
me
,
will
slay
me
.
V.
And
though
humane
Laws
remember
us
of
those
things
,
yet
it
is
not
as
if
they
gave
their
original
and
primary
force
of
obliging
;
yea
,
reason
of
State
is
not
busied
so
much
about
inward
piety
and
virtue
,
as
it
is
about
publick
quiet
and
repose
,
or
those
actions
which
regard
another
Mans
receiving
right
or
wrong
;
and
hence
it
is
that
great
prodagility
is
not
so
severely
punished
as
a
little
robbery
;
and
that
malus
homo
potest
esse
bonus
Civis
,
the
reason
is
,
because
though
he
may
do
himself
wrong
in
his
own
rights
,
yet
he
may
alwayes
do
other
men
right
in
theirs
;
neither
is
there
any
clear
reason
,
wherefore
those
lesser
sins
and
impieties
,
should
be
punished
by
any
but
God
,
who
is
wisest
to
know
them
,
justest
to
weigh
the
merit
of
them
,
and
powerfullest
to
punish
them
.
This
is
the
State
of
Gods
,
and
of
Nature's
Laws
,
to
which
we
are
all
equally
obliged
,
but
our
floating
and
circumstantiated
Laws
are
only
to
give
a
rule
,
for
an
equal
and
mutual
community
in
things
,
which
God
and
Nature
gave
us
to
dispose
of
as
we
would
our selves
.
VI.
Hence
it
is
that
Kings
and
such
as
have
equal
power
with
Kings
,
have
a
right
to
require
punishment
,
not
only
for
injuries
committed
against
themselves
or
their
Subjects
,
but
for
them
also
that
do
not
peculiarly
touch
themselves
,
whatsoever
the
Persons
that
do
unmanly
violate
the
Law
of
Nature
or
of
Nations
,
for
the
liberty
by
punishments
to
provide
for
humane
Society
(
as
hath
been
Grotius
de
Jure
Belli
ac
Pacis
,
lib.
2.
cap.
21.
already
mentioned
)
was
in
the
hand
of
every
man
〈◊〉
,
but
after
Common-wealths
,
and
Courts
of
Justice
were
ordained
,
it
resided
in
the
hand
of
the
highest
Powers
,
not
properly
as
they
are
over
others
,
but
as
they
are
under
none
:
For
subjection
to
others
hath
taken
away
that
right
;
yea
so
much
more
honest
is
it
to
vindicate
other
mens
injuries
then
our
own
,
by
how
much
more
it
is
to
be
feared
,
that
a
man
in
his
own
by
too
deep
a
resentment
may
either
exceed
a
measure
,
or
at
least
infect
his
mind
;
however
,
his
right
of
punishing
an
equal
,
remains
still
in
those
places
where
the
People
remain
as
in
great
Families
,
and
not
in
Cities
,
or
under
some
Government
;
and
therefore
those
that
have
now
possessions
of
any
Parts
of
the
New
World
,
or
American
Isles
,
till
they
have
either
voluntarily
submitted
to
a
Government
,
or
put
them
and
their
discovery
into
the
hands
,
or
protection
of
some
Prince
that
may
exercise
power
,
there
remains
the
old
and
natural
right
of
punishing
for
offences
:
So
likewise
where
Persons
shall
be
assaulted
by
Pyrats
on
the
Seas
,
if
they
be
overcome
,
they
may
be
immediatly
executed
by
the
Law
of
Nature
;
for
otherwise
there
would
be
a
Failer
of
power
to
punish
such
:
Besides
the
old
natural
Liberty
remains
in
all
Places
,
Vide
Chap.
Pyracy
§.
11
,
12.
where
are
no
Judgments
;
so
where
they
are
taken
and
brought
to
a
Port
,
and
the
Judge
openly
refuses
the
10
Trial
of
them
;
or
that
a
Trial
of
them
cannot
be
had
,
without
an
apparent
detriment
,
and
loss
to
the
Captors
,
Justice
may
be
done
upon
them
by
the
Law
of
Leg.
extat
.
D.
quod
metus
.
Nature
.
VII
.
Two
Pyrats
resolving
to
assault
,
and
rob
the
next
Vessel
they
meet
with
,
(
not
knowing
each
others
condition
or
design
,
)
encounter
,
and
the
one
happens
to
be
overcome
by
the
other
;
the
question
is
now
,
whether
the
above
mentioned
right
so
far
remains
,
as
that
the
stronger
may
execute
him
that
he
hath
overcome
?
Right
reason
dictates
,
that
the
evil
doer
may
be
punished
,
Non
reddit
faciendo
quod
debet
,
reddet
patiendo
quod
debet
Philo
,
peccare
dum
festinatis
,
ad
.
〈◊〉
●…erendas
festinatis
.
not
who
should
punish
him
;
but
that
Nature
sufficiently
sheweth
,
that
it
is
most
convenient
to
be
done
by
him
that
is
Superior
;
yet
doth
it
not
demonstrate
this
to
be
necessary
,
except
Superior
be
taken
in
that
sence
,
that
the
evil
doer
be
thought
to
have
made
himself
thereby
inferior
to
any
other
,
and
to
have
as
it
were
degraded
himself
from
the
order
of
men
,
into
the
number
of
Beasts
subject
to
no
man
,
and
such
are
Pyrats
,
who
have
no
other
denomination
but
Night-wolves
,
or
Beasts
of
Prey
.
By
Nature
it
is
ordained
,
That
the
better
command
the
worse
;
And
Aristotle
[
](A51124-e106060-b)*
*
7
Pol.
14.
saith
,
The
worse
are
provided
for
the
use
of
the
better
,
as
well
in
Naturals
as
in
Artificials
,
It
follows
hence
,
that
at
least
a
guilty
Person
ought
not
to
be
punished
by
another
equally
guilty
,
to
which
purpose
is
that
saying
of
Christ
,
Whosoever
of
you
is
without
sin
(
that
is
such
sin
)
let
him
throw
the
first
stone
.
Pertinent
is
that
saying
,
The
Sentence
can
have
no
authority
,
where
he
that
judgeth
is
to
be
condemned
;
From
whence
,
it
follows
,
that
the
right
of
punishing
in
such
case
at
such
time
ceases
.
VIII
.
Kingdoms
which
are
equal
in
power
,
and
having
no
dependance
on
each
other
,
cannot
be
commanded
nor
corrected
of
another
;
but
if
there
be
a
question
,
to
execute
the
Decree
or
Judgment
of
one
in
the
Territory
of
the
other
,
there
may
issue
forth
a
Commission
of
entreaty
,
under
the
Seal
of
that
Court
where
the
Judgment
was
given
,
or
at
least
under
the
great
Seal
of
the
Prince
,
directed
to
the
Judges
in
that
place
where
the
the
Defendant
is
resident
,
and
the
Judge
to
whom
the
said
Commission
is
directed
may
award
execution
,
according
to
the
Laws
of
Nations
:
And
so
it
was
adjudged
,
where
one
having
recovered
a
Debt
before
the
Governour
of
Freisland
,
Defendant
upon
that
fled
for
England
,
the
Governour
at
the
Request
of
the
Plaintiff
,
issued
forth
his
Commission
of
Request
,
directed
Omnes
Magistratus
infra
Regnum
Angliae
rogans
,
to
make
execution
of
the
said
5
Jac.
in
B.
R.
Rolls
Abridge
ment
,
wiers
case
upon
a
Haheas
Corpus
.
fo.
530.
Judgment
;
upon
which
the
Judge
of
the
Admiralty
in
England
issued
forth
,
an
Execution
of
that
Sentence
,
and
the
Defendant
was
taken
,
upon
which
he
brought
his
Habeas
Corpus
,
and
adjudged
the
Sentence
well
executed
by
the
Laws
of
Nations
,
and
according
to
the
Common
Law
of
this
Realm
.
So
likewise
if
a
Dutch-man
takes
up
Goods
at
the
Port
of
London
,
and
gives
a
Note
under
his
hand
for
the
payment
of
the
same
,
and
then
flyes
into
Holland
,
the
Vendor
may
apply
himself
to
the
Lord
Major
of
London
;
and
upon
proof
of
the
delivery
,
and
Sale
of
the
Goods
,
the
Lord
Major
making
a
Certificat
of
the
same
,
and
sending
it
under
the
City
Seal
directed
as
above
,
they
of
Holland
will
,
and
do
execute
the
same
upon
the
Party
.
Herein
this
last
Case
differs
from
the
first
;
for
by
the
former
,
if
there
should
fall
a
question
about
the
interpretation
of
the
Judgment
or
Sentence
,
the
same
cannot
be
done
,
for
they
are
not
to
examine
the
same
;
and
the
reason
is
,
least
the
Stranger
be
induced
at
another
time
to
do
the
like
,
and
so
dissolve
the
Judgments
whereof
they
should
demand
the
execution
,
the
which
would
be
done
more
through
jealousy
of
the
State
,
then
for
any
injustice
in
them
;
besides
the
Judgments
or
Sentences
,
which
are
matters
of
Record
and
of
the
greatest
security
in
a
Kingdom
,
the
presumption
that
they
were
justly
given
shall
alwayes
be
understood
.
IX
But
in
the
latter
the
same
may
be
examined
,
that
is
,
the
Merchant
may
be
heard
as
to
his
legal
defence
,
either
to
the
lessening
or
discharging
the
debt
or
dammage
,
but
against
the
testimony
certified
,
no
objection
can
be
made
,
but
the
same
is
admitted
as
legally
proved
.
But
if
there
be
a
question
of
honour
or
life
,
there
they
may
not
execute
the
Judgments
of
Forraign
Judges
,
especially
if
they
have
not
kown
the
merit
of
the
causes
or
seen
the
Informations
,
or
heard
the
Witnesses
;
but
more
especially
in
England
,
for
there
can
in
no
respect
whatsoever
the
life
of
a
Man
,
(
let
his
offence
be
never
so
hainous
)
be
brought
to
punishment
without
a
legal
Tryall
,
[
](A51124-e106310-b)*
*
Coke
4
Inst.
so.
38.
and
that
by
the
producing
of
Witnesses
viva
voce
to
his
face
,
yet
Princes
for
the
respect
they
bear
each
other
,
and
for
the
Good
of
Justice
,
though
they
cannot
at
the
bear
request
of
the
Judges
of
another
Prince
,
put
them
to
death
;
yet
they
may
for
exemplary
punishments
(
which
ought
to
be
made
upon
the
places
were
the
fact
was
committed
)
yield
the
natural
Subject
to
his
natural
Prince
,
unless
the
Prince
to
whom
the
fugitive
is
fled
findes
that
he
Soto
de
Just.
&
Jure
lib.
5.
qu.
1.
Art.
7.
is
unjustly
pursued
,
for
in
such
cases
he
is
not
bound
to
yield
them
;
yea
,
he
is
forbidden
by
the
Law
of
God
to
restore
a
bound-Man
,
which
is
fled
into
another
Mans
Satius
judicimus
esse
paucos
aliquos
mala
ferre
quam
immensam
multitudinem
,
Zonaras
.
house
,
to
avoid
the
fury
of
his
Master
.
X.
And
as
the
same
is
in
cases
Forraign
,
so
likewise
in
those
Estates
that
are
under
the
Crown
of
England
;
and
therefore
if
a
Man
recovers
against
[
](A51124-e106380-b)†
†
Pasc.
24
Car.
2
in
B.
R
in
Hibern
.
inter
Warde
and
Moore
.
I.
S.
in
the
Kings
Bench
in
England
,
and
then
the
Defendant
flies
over
into
Ireland
,
the
Judgment
may
be
certified
over
into
the
Chancery
in
Ireland
,
and
they
may
by
Mittimus
send
it
into
the
Kings
Bench
there
,
and
they
may
award
execution
or
otherwise
the
party
may
bring
his
Action
of
Debt
on
the
same
;
so
the
like
has
been
done
for
Decrees
given
in
the
Chancery
in
England
,
which
have
been
exemplyfied
under
the
Great
Seal
,
directed
to
the
Kings
Lievtenant
,
for
the
putting
the
same
in
execution
there
;
but
in
no
case
a
Judgment
given
in
England
may
be
certified
over
under
any
other
Seal
,
but
that
of
the
Great
one
.
But
in
Scotland
it
is
otherwise
;
for
that
is
a
Kingdom
absolute
,
and
not
like
Ireland
,
which
is
a
Crown
annexed
by
Conquest
,
but
the
other
is
by
Union
;
and
though
they
be
united
under
one
Prince
ad
fidem
,
yet
their
Laws
are
distinct
,
so
as
if
they
had
never
been
united
;
and
therefore
the
execution
of
the
Judgments
in
each
other
,
must
be
done
upon
Request
,
as
above
,
and
that
according
to
the
Laws
of
Nations
.
XI
.
But
in
Collonies
or
Plantations
,
which
are
reduced
into
the
condition
of
great
Families
,
have
not
this
Right
of
Requesting
,
for
they
are
governed
by
the
Laws
prescribed
by
the
Souveraign
of
the
same
,
who
may
set
Jurisdictions
,
&
make
them
places
priviledged
not
to
have
the
Persons
attached
or
arrested
in
any
other
places
,
but
within
their
own
bounds
;
so
likewise
upon
their
first
forming
or
Institution
,
may
so
declare
that
for
any
debt
or
Contract
made
or
done
in
any
place
but
in
that
of
the
same
Plantation
,
they
shall
not
be
impleaded
;
and
therefore
in
Virginia
at
this
day
,
if
a
Man
contracts
a
debt
in
England
,
flies
to
the
same
,
she
cannot
be
there
impleaded
:
But
if
a
Man
takes
up
Goods
,
and
carries
the
same
over
thither
,
there
he
may
be
sued
in
the
place
;
so
likewise
if
it
can
be
proved
he
carryed
over
the
money
borrow'd
,
and
this
amongst
others
of
the
Laws
and
Constitutions
of
those
Plantations
,
is
preserved
inviolably
,
the
same
being
as
it
were
a
pledge
and
general
safety
,
which
is
given
to
those
Inhabitants
,
that
shall
resort
thither
,
and
there
plant
themselves
for
the
good
of
the
Place
;
and
although
those
that
thither
flie
,
by
reason
of
great
and
unreparable
losses
,
have
contracted
debts
far
beyond
their
ability
to
satisfy
,
a
failer
of
which
,
in
strictness
of
Law
,
may
(
if
the
Creditor
pleases
,
)
oblidge
their
Bodies
to
Imprisonment
;
yet
doth
it
not
thence
follow
that
the
same
ought
to
exacted
;
for
though
the
Carcass
of
Men
may
gratify
the
revenge
of
the
Creditor
,
yet
it
never
can
pay
the
debt
;
wherefore
if
those
ends
by
themselves
in
a
morall
estimation
be
not
necessary
;
or
,
if
other
ends
on
the
opposit
part
occur
,
not
less
profitable
or
necessary
;
or
,
if
the
ends
proposed
by
Imprisonment
may
be
attained
another
way
,
it
will
then
follow
that
if
there
be
nothing
of
obligation
on
the
Debtors
part
,
to
render
himself
a
Prisoner
to
the
Creditor
;
that
then
if
the
same
can
or
may
be
avoided
by
flight
,
the
same
in
conscience
may
be
done
;
according
to
that
of
Cicero
[
](A51124-e106650-b)†
†
Ad
Quintum
Tract.
1.
21.
,
It
was
not
fit
perhaps
to
dismiss
him
being
brought
to
Judgment
,
but
that
he
should
be
enquired
after
,
and
brought
to
judgment
,
was
not
necessary
.
FINIS
.