An abridgement of all sea-lavves Gathered forth of all writings and monuments, which are to be found among any people or nation, upon the coasts of the great Ocean and Mediterranean Sea. And specially ordered and disposed for the use and benefit of all benevolent sea-farers, within his Majesties dominions of Great Brittain, Ireland, and the adjacent isles thereof. By William Welvvod, professor of the civill lawe.
         Welwood, William, fl. 1578-1622.
      
       
         
           1636
        
      
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         A14929
         STC 25238
         ESTC S119612
         99854819
         99854819
         20269
         
           
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             An abridgement of all sea-lavves Gathered forth of all writings and monuments, which are to be found among any people or nation, upon the coasts of the great Ocean and Mediterranean Sea. And specially ordered and disposed for the use and benefit of all benevolent sea-farers, within his Majesties dominions of Great Brittain, Ireland, and the adjacent isles thereof. By William Welvvod, professor of the civill lawe.
             Welwood, William, fl. 1578-1622.
          
           [16], 25 [i.e. 253], [3] p.
           
             Printed by [Thomas Harper for] the assignes of Ioane Man and Benjamin Fisher,
             London :
             1636.
          
           
             An expanded and revised version of: The sea-law of Scotland (STC 25242).
             Actual printer's name from STC.
             The first leaf and the last leaf are blank.
             P. 253 misnumbered 25.
             Reproduction of the original in Cambridge University Library.
             Some print show-through; some pages cropped and tightly bound.
          
        
      
    
     
       
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         eng
      
       
         
           Maritime law -- Early works to 1800.
        
      
    
     
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           AN
           ABRIDGEMENT
           of
           all
           SEA-LAVVES
           .
        
         
           Gathered
           forth
           of
           all
           Writings
           and
           Monuments
           ,
           which
           are
           to
           be
           found
           among
           any
           people
           or
           Nation
           ,
           upon
           the
           coasts
           of
           the
           great
           Ocean
           and
           Mediterranean
           Sea.
           
        
         
           And
           specially
           ordered
           and
           disposed
           for
           the
           use
           and
           benefit
           of
           all
           benevolent
           Sea-farers
           ,
           within
           his
           Majesties
           Dominions
           of
           Great
           Brittain
           ,
           Ireland
           ,
           and
           the
           adjacent
           Isles
           thereof
           .
        
         
           By
           WILLIAM
           WELVVOD
           ,
           professor
           of
           the
           Civill
           Law.
           
        
         
           LONDON
           ,
           Printed
           by
           the
           Assignes
           of
           
             Ioane
             Man
          
           and
           
             Benjamin
             Fisher
          
           ,
           1636.
           
        
      
       
         
         
         
           TO
           THE
           HIGH
           AND
           mighty
           Prince
           ,
           Iames
           ,
           King
           of
           Great
           Brittaine
           ,
           France
           and
           Ireland
           ,
           &c.
           
        
         
           IT
           pleased
           your
           M.
           some
           yeers
           past
           ,
           most
           graciously
           to
           accept
           of
           this
           birth
           ,
           in
           the
           great
           weakenesse
           and
           in
           fancie
           thereof
           .
           Therefore
           
           is
           it
           ,
           that
           now
           being
           strong
           ,
           and
           by
           all
           warrants
           inarmed
           ,
           it
           most
           thankefully
           returnes
           ,
           offering
           service
           to
           your
           M.
           even
           for
           all
           the
           coasts
           of
           your
           Highnesse
           dominions
           ,
           upon
           hope
           to
           merit
           your
           former
           grace
           .
        
         
           
             Your
             M.
             most
             humble
             subject
             ,
             and
             daily
             orator
             ,
             W.
             Welwod
             .
          
        
      
       
         
         
           To
           the
           right
           Honourable
           ,
           LUDOVICK
           ,
           Duke
           of
           Lenox
           his
           Grace
           ,
           &c.
           
           Henry
           ,
           Earle
           of
           North-hampton
           ,
           &c.
           and
           Charles
           ,
           Earle
           of
           Notingham
           ,
           &c.
           
           Lords
           Admiralls
           of
           England
           and
           Ireland
           ,
           of
           Scotland
           and
           the
           Iles
           ,
           and
           of
           the
           Cinque
           Ports
           .
        
         
           HAving
           intended
           a
           painefull
           &
           new
           labour
           ,
           upon
           a
           rare
           and
           necessary
           argument
           ,
           as
           for
           al
           Sea-farers
           ,
           so
           also
           properly
           pertaining
           to
           your
           Honours
           ,
           my
           most
           noble
           Lords
           ;
           I
           could
           not
           but
           of
           due
           salute
           your
           Honours
           ,
           as
           the
           keepers
           
           of
           Sea-lawes
           ,
           for
           a
           refreshing
           remembrance
           ,
           and
           needfull
           consideration
           of
           that
           most
           honourable
           estate
           and
           high
           office
           ,
           presently
           ,
           and
           (
           I
           hope
           )
           happily
           allotted
           unto
           you
           :
           I
           meane
           ,
           the
           Admiraltie
           of
           his
           M.
           dominions
           ;
           a
           charge
           both
           ancient
           from
           many
           hundreth
           yeeres
           in
           this
           I
           le
           ,
           and
           most
           honourable
           by
           the
           personages
           your
           predecessors
           ,
           bearing
           the
           same
           :
           as
           being
           all
           ,
           either
           sonnes
           ,
           brothers
           ,
           uncles
           ,
           or
           cousins
           to
           Princes
           ,
           or
           (
           at
           least
           )
           for
           action
           most
           famous
           .
           With
           all
           the
           which
           ,
           that
           your
           Honours
           may
           the
           better
           ranke
           and
           match
           ,
           surely
           ,
           as
           the
           condition
           of
           these
           daies
           craves
           ,
           so
           the
           best
           disposed
           wish
           ,
           that
           as
           you
           be
           every
           other
           way
           Noble
           ,
           your
           nobility
           may
           be
           crownd
           with
           a
           carefull
           attention
           to
           the
           speciall
           parts
           of
           the
           Admiraltie
           requiring
           the
           
           same
           ,
           to
           a
           memoriall
           surpassing
           all
           ancesters
           :
           I
           meane
           the
           conservacy
           ,
           jurisdiction
           and
           priviledges
           thereof
           .
           The
           jurisdiction
           ,
           albeit
           it
           bee
           most
           faithfully
           and
           diligently
           exercised
           ,
           and
           namely
           in
           England
           by
           Sir
           
             Daniel
             Dunn
          
           ,
           and
           Doctor
           Trevor
           ,
           most
           learned
           ,
           sincere
           ,
           and
           worthy
           collegues
           ,
           Iudges
           in
           the
           high
           court
           there
           :
           yet
           the
           daily
           thwarting
           and
           curbing
           of
           the
           processe
           of
           the
           Iudicature
           ,
           urges
           a
           clearing
           or
           designing
           of
           the
           limits
           and
           marches
           ,
           to
           a
           better
           distinguishing
           thereof
           from
           all
           other
           jurisdictions
           ordinary
           ;
           without
           which
           ,
           due
           justice
           can
           neither
           be
           administred
           ,
           concerning
           the
           sea
           customes
           (
           of
           which
           no
           court
           else
           can
           take
           knowledge
           )
           for
           strangers
           traffiquing
           here
           (
           importing
           no
           small
           staine
           to
           the
           King
           his
           justice
           )
           nor
           yet
           for
           his
           M.
           lieges
           
           traffiquers
           on
           sea
           ,
           whose
           contracts
           and
           charter-parties
           ordinarily
           beare
           the
           clause
           of
           ruling
           by
           law
           of
           Olero●
           ;
           a
           forraine
           law
           ,
           as
           all
           the
           other
           lawes
           of
           the
           Admirall
           court
           commonly
           are
           ,
           whereof
           no
           other
           Iudicature
           here
           can
           take
           cognissance
           .
        
         
           To
           end
           this
           point
           ;
           Beside
           that
           which
           God
           in
           the
           heavens
           requires
           of
           the
           ministers
           of
           justice
           ,
           please
           you
           to
           remember
           ,
           that
           here
           below
           amongst
           men
           ,
           
             Nihil
             justitia
             popularius
          
           .
           Consequently
           therefore
           ,
           the
           priviledges
           due
           for
           the
           maintenance
           of
           the
           Admiraltie
           and
           jurisdiction
           thereof
           ,
           would
           be
           vindicat
           from
           all
           sort
           of
           encroching
           and
           usurping
           .
           But
           above
           all
           ,
           the
           conservacie
           (
           as
           the
           chiefe
           point
           of
           that
           office
           )
           requires
           security
           and
           safety
           in
           common
           for
           all
           loyall
           subjects
           ,
           traders
           on
           Sea
           :
           specially
           ,
           
           for
           Fishers
           and
           others
           ,
           happily
           disposed
           to
           adventure
           and
           exercise
           the
           trade
           of
           fishing
           ,
           to
           the
           end
           ,
           that
           not
           onely
           a
           peaceable
           ,
           but
           also
           a
           full
           and
           plentifull
           fishing
           may
           bee
           enjoyed
           by
           the
           inhabitants
           of
           his
           M.
           kingdomes
           ,
           even
           according
           to
           that
           which
           God
           so
           freely
           and
           bountifully
           offers
           into
           their
           very
           doors
           .
           For
           which
           cause
           ,
           the
           barbarity
           of
           the
           Ilanders
           would
           be
           repressed
           ,
           and
           strangers
           stayed
           from
           scarring
           ,
           scattring
           ,
           and
           breaking
           the
           shoals
           of
           our
           fishes
           ;
           namely
           ,
           upon
           our
           coasts
           of
           Scotland
           .
           There
           could
           be
           no
           better
           employment
           for
           some
           (
           at
           least
           )
           of
           his
           M.
           shippes
           and
           companies
           ,
           
             Ne
             vel
             illi
             usqu●
             turbent
             ,
             aut
             isti
             intercipiant
             ,
             quod
             nos
             capere
             oportet
             .
          
        
         
           But
           ,
           I
           breake
           from
           this
           purpose
           ,
           remitting
           the
           same
           to
           the
           27
           Title
           of
           this
           booke
           ;
           hoping
           
           for
           a
           comfortable
           out-bearing
           and
           maintaining
           of
           that
           necessary
           and
           great
           dignity
           of
           the
           Admiralty
           by
           your
           LL.
           according
           to
           all
           the
           occasions
           of
           these
           quarrelsome
           times
           .
           And
           so
           I
           rest
           ,
           by
           this
           present
           token
           ,
           devote
           to
           serve
           your
           Honours
           in
           my
           calling
           .
        
         
           
             William
             Welwod
             .
          
        
      
       
         
         
           The
           Contents
           .
        
         
           
             THe
             Prohem
             ,
             containing
             the
             origin
             of
             the
             Sea-law
             .
             page
             1
          
           
             1
             The
             order
             of
             this
             Treatise
             .
             22
          
           
             2
             Of
             the
             Iudge
             ordinary
             in
             Sea-faring
             causes
             ,
             with
             his
             Iurisdiction
             and
             priviledge●
             .
             26
          
           
             3
             Of
             the
             Admirall
             Clerke
             .
             45
          
           
             4
             Of
             the
             Advocates
             ,
             and
             other
             officers
             ,
             assistants
             for
             the
             speedier
             proceeding
             .
             49
          
           
             5
             Of
             the
             manner
             of
             proceeding
             in
             Seafaring
             causes
             .
             52
          
           
             6
             Of
             persons
             ordinary
             in
             ships
             .
             64
          
           
             7
             Of
             fraughting
             of
             ships
             .
             71
          
           
             8
             Of
             the
             Master
             of
             the
             ship
             his
             power
             and
             duty
             ouer
             the
             ship
             .
             83
          
           
             9
             Of
             the
             Master
             his
             duty
             to
             the
             Merchant
             and
             passenger
             ,
             and
             of
             his
             priviledges
             .
             90
          
           
             
             10
             Of
             the
             Masters
             duty
             to
             the
             Mariners
             .
             99
          
           
             11
             Of
             the
             duties
             and
             priviledges
             of
             Mariners
             .
             103
          
           
             12
             Of
             the
             Clerke
             of
             a
             ship
             .
             113
          
           
             13
             Of
             a
             Pilot
             or
             Steirsman
             .
             116
          
           
             14
             Of
             money
             bent
             to
             Sea
             ,
             or
             upon
             the
             Sea.
             119
          
           
             15
             Of
             the
             outreaders
             or
             furnishers
             ,
             the
             hyrers
             ,
             and
             owners
             of
             ships
             ;
             and
             of
             actions
             for
             them
             ,
             and
             against
             them
             .
             124
          
           
             16
             Of
             sundry
             partners
             of
             ships
             ,
             and
             their
             discords
             .
             130
          
           
             17
             Of
             casting
             of
             goods
             ,
             and
             contribution
             therefore
             .
             136
          
           
             18
             Of
             contribution
             for
             Pirats
             .
             142
          
           
             19
             Of
             contribution
             for
             spoyled
             goods
             144
          
           
             20
             Of
             contribution
             for
             disburdening
             of
             ships
             for
             their
             easier
             entry
             to
             the
             port
             ,
             and
             other
             chances
             .
             ●45
          
           
             21
             Of
             the
             common
             manner
             of
             contribution
             ,
             and
             execution
             thereof
             .
             152
          
           
             
             22
             Of
             priviledged
             ships
             .
             156
          
           
             23
             Of
             shipwracke
             .
             161
          
           
             24
             Of
             things
             found
             on
             the
             Sea
             ,
             or
             within
             the
             floud-marke
             .
             168
          
           
             25
             Of
             things
             taken
             upon
             Sea.
             175
          
           
             26
             Of
             Fishers
             ,
             fishing
             ,
             and
             traffiquers
             therewith
             .
             187
          
           
             27
             Of
             the
             community
             and
             propriety
             of
             Seas
             .
             200
          
           
             28
             Of
             war-ships
             ,
             and
             of
             the
             Captaines
             and
             company
             thereof
             .
             237
          
           
             29
             Of
             Ferryers
             and
             Watermen
             .
             243
          
           
             30
             Of
             Shipwrights
             .
             248
          
        
      
    
     
       
         
           
           
           
             The
             Proheme
             containing
             the
             Origine
             of
             the
             Sea-law
             :
             with
             the
             occasion
             of
             this
             Treatise
             .
          
           
             COncerning
             the
             Argument
             of
             Sea-faring
             governement
             ,
             so
             farre
             as
             by
             any
             monumēts
             can
             be
             observed
             ,
             our
             beginning
             must
             be
             at
             the
             inhabitants
             of
             the
             Iland
             called
             Rhode
             ,
             situate
             within
             the
             Mediterranean
             Sea
             ,
             in
             the
             
             part
             thereof
             called
             the
             Carpath
             sea
             ,
             upon
             the
             coast
             of
             
               Asia
               minor
            
             ,
             over
             against
             Caria
             .
             The
             indwellers
             whereof
             ,
             amongst
             all
             other
             people
             we
             can
             reade
             of
             ,
             were
             most
             famous
             for
             shipping
             and
             Sayling
             ;
             and
             that
             not
             onely
             to
             the
             great
             increase
             of
             their
             power
             and
             wealth
             every
             way
             ,
             as
             by
             which
             they
             did
             command
             and
             daunt
             all
             other
             people
             about
             their
             coasts
             and
             seas
             ;
             in
             such
             manner
             ,
             that
             neither
             Pirat
             ,
             nor
             any
             sort
             of
             enemy
             ,
             or
             disturber
             of
             their
             peace
             and
             traffique
             ,
             durst
             then
             appeare
             a
             :
             but
             also
             by
             the
             communicating
             
             of
             their
             trade
             ,
             and
             discipline
             on
             sea
             ,
             they
             did
             make
             neighbour
             Princes
             ,
             and
             Cities
             ,
             willingly
             Tributars
             unto
             them
             b
             .
             And
             further
             ,
             as
             Strabo
             writeth
             c
             to
             the
             crowning
             of
             their
             renowne
             ,
             they
             surpassed
             all
             other
             Nations
             in
             knowledge
             of
             equity
             in
             marine
             businesse
             ;
             which
             they
             manifested
             by
             making
             of
             Sea-lawes
             .
          
           
             For
             ,
             the
             very
             Emperors
             of
             Rome
             ,
             
               Tiberius
               Caesar
               ,
               Hadrian
               ,
               Vespasian
               ,
               Traian
               ,
            
             successively
             ,
             did
             referre
             all
             seafaring
             debates
             and
             controversies
             ,
             to
             the
             judgement
             of
             the
             Rhodian
             law
             .
             d
             And
             
             so
             likewise
             exemplarilie
             ,
             did
             their
             successor
             Antoninus
             ,
             by
             his
             rescript
             yet
             extant
             e
             :
             wherein
             ,
             answering
             to
             one
             Eudemon
             his
             plaint
             ,
             I
             am
             (
             saith
             he
             )
             the
             Lord
             of
             the
             world
             ,
             but
             the
             law
             is
             the
             master
             of
             the
             sea
             ;
             let
             that
             thy
             plaint
             and
             controversie
             Eudemon
             be
             decided
             by
             the
             law
             of
             the
             Rhodians
             .
          
           
             So
             farre
             did
             the
             Romans
             (
             who
             alwaies
             excelled
             all
             other
             Nations
             ,
             in
             devising
             of
             humane
             lawes
             )
             yeeld
             and
             give
             place
             to
             the
             Rhodians
             in
             the
             sea
             lawes
             .
          
           
             And
             by
             their
             example
             ,
             finding
             sea-faring
             and
             trafique
             
             on
             sea
             ,
             redound
             to
             a
             great
             common
             wealth
             ,
             as
             plainly
             pronounced
             f
             Vlpian
             ,
             one
             of
             the
             fathers
             of
             their
             lawes
             ;
             the
             Romane
             Emperours
             ,
             and
             namely
             Claudius
             ,
             g
             brought
             in
             new
             formes
             of
             actions
             ,
             and
             devised
             a
             kinde
             of
             new
             and
             sure
             commodities
             and
             gaine
             for
             trafiquers
             ;
             by
             taking
             upon
             them
             the
             hazard
             of
             shippe
             and
             goods
             :
             to
             which
             end
             also
             is
             erected
             by
             English
             lawes
             ,
             the
             office
             of
             Assurance
             .
          
           
             It
             is
             true
             ,
             that
             the
             first
             making
             of
             Sea
             lawes
             ,
             is
             otherwise
             by
             some
             attributed
             to
             others
             ,
             as
             by
             Dionysius
             to
             
             the
             Phenicians
             ,
             because
             of
             Merchant
             trade
             h
             .
             And
             Plinius
             ,
             for
             that
             same
             cause
             ascribes
             the
             Art
             of
             sayling
             to
             the
             Carthaginians
             .
             i
             and
             consequently
             ,
             would
             seeme
             to
             attribute
             to
             these
             two
             Nations
             also
             for
             their
             necessitie
             ,
             the
             skill
             of
             sayling
             .
             To
             be
             briefe
             ,
             by
             the
             space
             of
             a
             thousand
             yeeres
             ,
             the
             sea
             ,
             at
             least
             the
             Mediterranean
             ,
             was
             onely
             ruled
             by
             the
             Rhodian
             law
             ,
             but
             helped
             with
             some
             few
             additions
             by
             the
             Romans
             ,
             and
             that
             by
             way
             of
             interpretation
             :
             the
             rather
             ,
             to
             occurre
             to
             the
             deceits
             and
             Sophistrie
             of
             calumniators
             
             and
             wilfull
             vexers
             of
             their
             neighbours
             ,
             as
             also
             for
             other
             needfull
             doubts
             k
             .
          
           
             At
             last
             ,
             when
             all
             sorts
             of
             lawes
             by
             the
             eversion
             and
             renting
             of
             the
             Romane
             Empire
             ,
             was
             as
             it
             were
             for
             a
             long
             time
             buried
             ,
             necessity
             forced
             the
             Rulers
             of
             Rome
             ,
             
               Anno
               Dom.
            
             1075.
             to
             make
             new
             sea
             lawes
             and
             statutes
             :
             and
             so
             successively
             ,
             every
             chiefe
             sea-faring
             towne
             upon
             the
             Mediterranean
             coast
             ,
             to
             adde
             other
             ordinances
             ;
             as
             they
             of
             Marseilles
             did
             ,
             
               Anno
               Dom.
            
             1162.
             and
             they
             of
             
               Genua
               ,
               Anno
               Dom.
            
             1186.
             
             And
             they
             of
             Peloponnesus
             ,
             
             called
             
               Morea
               ,
               Anno
               Dom.
            
             1200.
             and
             the
             Common-wealth
             of
             
               Venice
               ,
               Anno
               Dom.
            
             1215.
             
             And
             the
             Emperours
             of
             Constantinople
             ,
             
               Paleolog
               .
               Anno
               Dom.
            
             1262.
             and
             Constantine
             ,
             1270.
             and
             Iames
             King
             of
             Aragon
             that
             same
             yeere
             ;
             and
             Peter
             King
             of
             Aragon
             ,
             
               Anno
               Dom.
            
             1340.
             and
             they
             of
             
               Barcelona
               ,
               Anno
               Dom.
            
             1434.
             which
             lawes
             being
             all
             collected
             and
             amassed
             ,
             serve
             the
             Mediterraneans
             unto
             this
             day
             .
          
           
             But
             on
             the
             great
             Ocean
             ,
             which
             is
             our
             sea
             ,
             the
             first
             lawes
             we
             knew
             to
             be
             made
             ,
             were
             devised
             by
             them
             of
             
             the
             Iland
             of
             Oleron
             ,
             situate
             on
             the
             sea
             coast
             of
             France
             ,
             beside
             S.
             Martin
             against
             the
             mouth
             of
             Charante
             and
             the
             Marraes
             ,
             neere
             to
             the
             entry
             of
             Garumna
             :
             which
             are
             therefore
             called
             
               La
               roold
               '
               Oleron
            
             ;
             as
             by
             which
             the
             controversies
             on
             the
             sea
             coast
             of
             France
             toward
             the
             Ocean
             were
             ordinarily
             decided
             ,
             in
             the
             towne
             of
             the
             said
             I
             le
             ,
             called
             thereupon
             ,
             
               Lavile
               de
               droict
            
             ,
             or
             Oleron
             .
             As
             where
             the
             skilled
             Skippers
             in
             that
             law
             did
             dwell
             ,
             and
             had
             cognition
             of
             all
             such
             occurrent
             debates
             and
             questions
             .
          
           
           
             Now
             these
             lawes
             of
             Oleron
             ,
             were
             afterward
             translated
             into
             Dutch
             by
             them
             of
             Wisby
             ,
             for
             the
             sea
             use
             of
             the
             Dutch
             coast
             .
          
           
             And
             of
             late
             ,
             our
             Kings
             of
             Scotland
             made
             divers
             Acts
             in
             Parliament
             ,
             concerning
             sea-faring
             l
             .
          
           
             As
             also
             the
             Kings
             of
             England
             have
             done
             before
             m
             :
             for
             Edward
             the
             third
             ,
             by
             a
             solemne
             inquisition
             of
             eighteene
             most
             famous
             persons
             for
             skill
             in
             sea-faring
             ,
             assembled
             at
             Quinborow
             from
             divers
             parts
             ,
             Anno
             1375.
             set
             downe
             certaine
             articles
             concerning
             the
             Admiralty
             
             and
             sea-faring
             ,
             into
             old
             French
             :
             as
             may
             be
             seene
             in
             an
             old
             parchment
             authenticke
             booke
             yet
             extant
             ;
             which
             articles
             one
             
               Thomas
               Roucghton
            
             of
             that
             same
             ,
             turned
             afterward
             in
             Latine
             ,
             and
             intituled
             
               de
               officio
               admiralitatis
               Angliae
            
             .
          
           
             Likewise
             Fredericke
             the
             second
             of
             Denmarke
             ,
             in
             his
             generall
             convention
             ,
             at
             Coppenhaven
             ,
             Anno
             1561
             :
             sets
             downe
             a
             compend
             of
             Statutes
             ,
             for
             ruling
             of
             his
             Sea-faring
             subjects
             ;
             but
             for
             most
             part
             all
             one
             with
             
               La
               rooled
               '
               Oleron
            
             .
          
           
             Also
             the
             French
             King
             
             Henry
             the
             third
             ,
             added
             his
             new
             constitutions
             to
             these
             of
             Francois
             ,
             and
             others
             his
             predecessors
             ,
             which
             are
             chiefly
             for
             the
             authorising
             of
             his
             Admiralty
             ,
             Iurisdiction
             ,
             honour
             and
             profits
             therof
             ;
             preferring
             the
             Admirall
             and
             his
             officers
             to
             all
             other
             Iudges
             and
             Iustices
             ,
             except
             these
             called
             Royals
             .
          
           
             Notwithstanding
             all
             these
             many
             ,
             divers
             ,
             and
             late
             Statutes
             and
             Ordinances
             made
             and
             set
             forth
             these
             sixeteene
             hundreth
             yeares
             ,
             by
             the
             nations
             ,
             people
             ,
             and
             Princes
             above
             written
             ,
             in
             the
             decision
             of
             causes
             ,
             and
             judging
             of
             
             sea-faring
             controversies
             ;
             that
             fragment
             of
             the
             Rhodian
             law
             ,
             extant
             and
             Latinized
             by
             
               Simon
               Shardius
            
             ,
             intituled
             by
             him
             ,
             
               Leges
               navales
               Rhodiorum
               &
               selectae
               Leges
               Rhodiorum
               ,
            
             with
             the
             interpretations
             and
             commentations
             ,
             devised
             thereupon
             by
             the
             old
             Romane
             Iurisconsults
             insert
             in
             the
             Pandects
             ;
             together
             with
             the
             constitutions
             made
             by
             the
             Romane
             Emperours
             ,
             contained
             in
             the
             Cod.
             and
             Novells
             at
             large
             :
             as
             it
             were
             by
             common
             consent
             of
             Nations
             ,
             obtaines
             the
             prerogative
             throughout
             all
             Europe
             ,
             as
             in
             
               Great
               Brittaine
               ,
               Germany
               ,
               
               France
               ,
               Italy
               ,
            
             and
             Spaine
             .
             Such
             is
             the
             force
             and
             authority
             of
             the
             Civill
             Roman
             Law
             amongst
             all
             Nations
             Christian.
             
          
           
             In
             which
             Countries
             ,
             albeit
             there
             hath
             bin
             ,
             and
             yet
             remaines
             a
             great
             number
             of
             professors
             and
             doctors
             of
             the
             Roman
             civill
             law
             ,
             who
             have
             written
             largely
             thereupon
             ;
             yet
             few
             or
             none
             hath
             taken
             in
             hand
             to
             write
             pertinently
             or
             expresly
             ,
             upon
             the
             lawes
             concerning
             sea-faring
             ,
             the
             traffique
             on
             sea
             ,
             and
             by
             sea
             ,
             with
             the
             duties
             requisite
             of
             every
             sea-faring
             person
             ,
             of
             all
             sorts
             and
             
             degrees
             .
          
           
             It
             is
             true
             that
             
               Iulius
               Ferrettus
            
             in
             his
             observant
             devoir
             to
             the
             Emperour
             Charls
             the
             fift
             ,
             prepared
             a
             discourse
             for
             the
             addressing
             of
             Navies
             with
             convenient
             and
             expert
             Governours
             ,
             and
             all
             sort
             of
             necessaries
             for
             hostility
             on
             the
             sea
             ,
             intituled
             
               de
               iure
               &
               re
               nautica
            
             ,
             but
             farre
             off
             from
             our
             present
             Argument
             ,
             as
             may
             bee
             seene
             by
             the
             same
             of
             late
             published
             ,
             Anno
             1579.
             and
             dedicated
             to
             
               Philip
               ,
               Charles
            
             his
             sonne
             ,
             by
             
               Exuperantius
               Ferrettus
            
             ,
             sonne
             also
             to
             the
             said
             Iulius
             .
          
           
             
               Petrus
               Pekkius
            
             also
             a
             
             Fleming
             Zelander
             ,
             hath
             learnedly
             commented
             upon
             the
             titles
             of
             the
             civill
             law
             ,
             touching
             the
             sea-lawes
             ;
             but
             more
             busied
             about
             the
             exposition
             of
             words
             then
             of
             the
             matter
             .
             Likewise
             
               Benvenutus
               Straccha
            
             ,
             in
             his
             large
             booke
             
               de
               mercatura
            
             ,
             interlaceth
             a
             learned
             title
             ,
             
               de
               nautis
               ,
               navibus
               &
               navigationibus
               ,
            
             but
             commeth
             not
             close
             to
             this
             our
             argument
             ;
             for
             he
             holds
             straightly
             within
             the
             compasse
             of
             the
             civill
             law
             ,
             protesting
             also
             his
             pretermissions
             and
             remissions
             of
             many
             chiefe
             matters
             to
             certaine
             Doctors
             ,
             who
             also
             writes
             but
             
             obiter
             of
             the
             sea
             matters
             ,
             and
             none
             speakes
             of
             the
             sea
             customes
             ,
             which
             is
             our
             principall
             argument
             :
             To
             the
             end
             of
             which
             booke
             is
             annexed
             an
             halfe
             sheet
             of
             paper
             ,
             bearing
             
               consilia
               Roderici
               Suarij
               de
               usu
               maris
               &
               Navibus
               vehendis
            
             ;
             a
             turne
             of
             small
             contentment
             .
          
           
             'T
             is
             true
             that
             
               Simon
               Shardius
               ,
               Anno
            
             1561.
             promised
             this
             same
             compend
             and
             collect
             of
             sea
             lawes
             forth
             of
             all
             lawes
             (
             which
             presently
             by
             Gods
             grace
             I
             intend
             )
             but
             by
             death
             prevented
             ,
             could
             not
             performe
             it
             .
          
           
             To
             conclude
             then
             ,
             since
             no
             
             man
             ,
             as
             I
             can
             understand
             ,
             hath
             set
             his
             pen
             to
             this
             my
             argument
             and
             purpose
             ,
             for
             the
             due
             information
             of
             every
             sort
             of
             sea-faring
             persons
             in
             every
             order
             ,
             whether
             Commanders
             ,
             Iudges
             ,
             Skippers
             ,
             Mariners
             ,
             Merchants
             ,
             Passengers
             ,
             Fishers
             ,
             Ferryers
             ,
             Watermen
             ,
             &c.
             concerning
             their
             severall
             duties
             ,
             priviledges
             and
             powers
             ,
             and
             all
             manner
             of
             things
             pertaining
             or
             incident
             to
             sea
             and
             sea-farers
             ;
             I
             thought
             good
             ,
             after
             the
             insight
             and
             deepe
             consideration
             of
             all
             the
             lawes
             and
             ordinances
             aforesaid
             ,
             to
             mend
             a
             weake
             
             piece
             of
             labour
             ,
             which
             I
             intended
             many
             yeares
             since
             ,
             intituled
             the
             
               Sea
               law
               of
               Scotland
            
             ;
             and
             to
             frame
             the
             same
             in
             a
             very
             harmonicall
             collection
             of
             all
             sea-lawes
             ,
             And
             upon
             the
             conscience
             of
             my
             profession
             of
             the
             civill
             law
             ,
             having
             no
             employment
             or
             part
             in
             any
             Admiralty
             ,
             to
             publish
             the
             same
             for
             the
             use
             of
             the
             Admiralties
             ,
             and
             benefit
             of
             all
             benevolent
             sea-farers
             ;
             and
             that
             presently
             ,
             because
             of
             the
             present
             use
             thereof
             so
             requiring
             the
             same
             ,
             as
             I
             now
             cleerly
             perceive
             :
             that
             is
             to
             say
             ;
             Because
             that
             wheras
             the
             most
             
             civill
             ,
             wise
             ,
             and
             politicke
             nations
             ,
             have
             even
             most
             carefully
             distinguished
             the
             jurisdiction
             of
             the
             sea
             from
             the
             jurisdiction
             of
             the
             land
             in
             all
             respects
             :
             yet
             neverthelesse
             some
             men
             prease
             alwaies
             ,
             upon
             what
             intent
             I
             wot
             not
             ,
             to
             confound
             the
             same
             .
             And
             the
             multitude
             of
             these
             who
             doe
             acknowledge
             the
             foresaid
             distinction
             ,
             as
             specially
             the
             Mariners
             ,
             through
             ignorance
             contemne
             all
             other
             law
             but
             the
             rule
             of
             Oleron
             .
          
           
             In
             these
             respects
             (
             I
             say
             )
             I
             have
             with
             great
             paine
             and
             travell
             ,
             concluded
             the
             publication
             of
             this
             work
             ;
             which
             
             if
             it
             please
             (
             as
             I
             pray
             )
             God
             to
             blesse
             with
             the
             owne
             effect
             ,
             I
             have
             reward
             enough
             .
          
        
         
           
           
             TIT.
             I.
             
          
           
             The
             order
             of
             this
             Treatise
             .
          
           
             AS
             the
             affaires
             of
             the
             sea
             concernes
             onely
             sea-faring
             and
             medlers
             therewith
             :
             even
             so
             all
             doubts
             ,
             differences
             ,
             and
             controversies
             ,
             rising
             upon
             the
             same
             ,
             and
             their
             cases
             must
             also
             concerne
             the
             same
             persons
             ,
             which
             are
             eyther
             chiefly
             Owners
             ,
             Out-traders
             or
             hyrers
             ,
             Masters
             ,
             Pilots
             ,
             Mariners
             ,
             Clerkes
             ,
             
             Merchants
             ,
             Passengers
             .
             Of
             whom
             the
             owner
             is
             hee
             ,
             to
             whom
             the
             ship
             or
             any
             part
             pertaines
             in
             property
             .
             The
             out-trader
             or
             hirer
             ,
             hee
             to
             whom
             as
             hirer
             or
             partner
             for
             a
             voyage
             or
             more
             ,
             or
             a
             longer
             time
             ,
             during
             the
             hyring
             and
             lease
             of
             the
             shippe
             ,
             the
             profits
             and
             commodities
             thereof
             redounds
             a
             .
          
           
             And
             the
             Master
             is
             hee
             to
             whom
             the
             whole
             care
             and
             charge
             of
             the
             shippe
             is
             committed
             b
             .
             The
             rest
             are
             all
             knowne
             .
             Now
             their
             persons
             whiles
             happens
             all
             to
             fall
             forth
             in
             one
             man
             ;
             as
             one
             to
             be
             Master
             ,
             owner
             ,
             and
             out-trader
             ;
             
             and
             againe
             to
             be
             all
             divers
             and
             distinct
             :
             and
             therfore
             the
             actions
             to
             beare
             out
             accordingly
             .
             Likewise
             the
             cognition
             of
             their
             debates
             pertaines
             not
             to
             every
             Iudge
             indifferently
             ,
             but
             only
             to
             the
             Admirall
             of
             the
             sea
             :
             which
             thing
             this
             Abridgement
             shall
             orderly
             and
             summarily
             declare
             ;
             beginning
             at
             the
             Iudge
             ordinary
             to
             sea-fare
             causes
             ,
             the
             members
             of
             the
             Court
             ,
             and
             manner
             of
             proceeding
             there
             :
             next
             ,
             the
             persons
             ordinary
             in
             shippes
             ,
             with
             the
             fraughting
             thereof
             ,
             as
             belonging
             to
             the
             chiefe
             uses
             of
             shipping
             :
             thirdly
             ,
             the
             
             power
             ,
             duty
             ,
             and
             priviledge
             of
             every
             one
             of
             the
             foresaid
             in
             ships
             :
             fourthly
             ,
             the
             manifold
             causes
             of
             losses
             and
             dammage
             in
             sea-faring
             ,
             with
             the
             redresse
             thereof
             :
             fiftly
             ,
             the
             priviledged
             ships
             ,
             shipwracke
             ,
             shippes
             and
             things
             taken
             and
             found
             on
             the
             sea
             ,
             or
             within
             the
             floud-marke
             thereof
             :
             and
             lastly
             ,
             of
             Fishing
             ,
             Fishers
             ,
             Ferryers
             and
             Watermen
             ,
             and
             Shippe-wrights
             .
          
        
         
           
           
             TIT.
             II.
             
          
           
             Of
             the
             Iudge
             ordinary
             ,
             in
             sea-faring
             causes
             ,
             with
             his
             jurisdiction
             ,
             and
             priviledges
             .
          
           
             AS
             for
             the
             Iudge
             of
             the
             Sea
             ,
             wee
             have
             first
             to
             consider
             ,
             how
             at
             the
             beginning
             of
             the
             Roman
             Empire
             ,
             there
             was
             a
             speciall
             difference
             betwixt
             the
             persons
             to
             whom
             the
             charge
             of
             shipping
             was
             given
             ,
             and
             them
             to
             whom
             the
             commandement
             of
             Fleets
             
             and
             Navies
             was
             committed
             ;
             and
             betwixt
             the
             persons
             who
             exercised
             the
             jurisdiction
             in
             sea-faring
             debates
             ,
             as
             followeth
             .
          
           
             For
             amongst
             the
             Romans
             in
             the
             beginning
             ,
             first
             the
             builders
             ,
             forth●eakers
             ,
             or
             furnishers
             ,
             and
             preparers
             of
             Ships
             and
             Navies
             with
             all
             necessaries
             (
             by
             a
             speciall
             ordinance
             called
             
               Lex
               Decia
            
             )
             were
             stiled
             
               Duum
               viri
               navales
            
             ;
             a
             as
             the
             Governours
             of
             these
             Fleets
             were
             called
             Archigubernij
             ,
             b
             and
             the
             Iusticiaries
             of
             sea-faring
             debates
             ,
             Magisteriani
             :
             even
             so
             amongst
             the
             Grecians
             ,
             the
             
             Commanders
             of
             their
             fleets
             were
             stiled
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             And
             after
             the
             Empire
             seated
             at
             
               Constantinople
               ,
               Magnus
               dux
               classis
            
             ,
             and
             
               Drungarius
               magnus
            
             ,
             c
             as
             the
             chiefe
             carrier
             of
             the
             Pinsell
             or
             flagge
             .
             His
             stile
             afterward
             was
             Admiratus
             ,
             from
             Amiras
             ,
             a
             word
             of
             the
             Sarazens
             ,
             signifying
             an
             Overseer
             ,
             or
             a
             Captaine
             on
             sea
             or
             on
             land
             ;
             for
             Mirar
             is
             to
             see
             ,
             as
             the
             Spaniard
             useth
             it
             .
             From
             this
             word
             Amiras
             ,
             commeth
             the
             word
             Amirante
             to
             the
             Italians
             for
             the
             Leader
             of
             their
             fleets
             ,
             as
             well
             as
             L'amiraglio
             :
             albeit
             they
             tearme
             
             their
             sea-faring
             Iudges
             ,
             
               Li
               consoli
               del
               mare
            
             ,
             and
             such
             like
             from
             the
             same
             word
             Admirall
             ,
             which
             most
             part
             of
             the
             Nations
             of
             Europe
             use
             in
             the
             same
             meaning
             ;
             as
             first
             and
             chiefly
             France
             ,
             where
             Childebert
             the
             first
             ,
             one
             thousand
             yeeres
             sithence
             ,
             instituted
             an
             Admirall
             as
             Captaine
             and
             Commander
             of
             his
             Armie
             upon
             sea
             ,
             like
             as
             he
             did
             then
             ordaine
             a
             Marshall
             for
             the
             governement
             of
             his
             
               Gen
               d'armerie
            
             on
             land
             .
             Onely
             the
             Spaniard
             called
             this
             Leader
             and
             Commander
             of
             his
             fleets
             and
             navies
             ,
             Adelantado
             :
             as
             who
             should
             
             goe
             before
             the
             rest
             .
          
           
             Briefly
             ,
             the
             word
             Admirall
             ,
             how
             ever
             this
             day
             it
             be
             used
             or
             abused
             ,
             for
             to
             signifie
             the
             chiefe
             shippe
             ,
             which
             was
             
               Navis
               praetoria
            
             to
             the
             Romans
             ,
             as
             the
             chiefe
             Commander
             of
             the
             fleet
             ;
             yet
             that
             word
             Great
             Admirall
             ,
             notes
             properly
             the
             man
             whom
             the
             Romans
             called
             
               Praefectum
               maris
            
             ,
             and
             the
             Grecians
             ,
             Thalassiarcham
             :
             to
             wit
             ,
             the
             Governour
             of
             the
             sea
             .
             And
             thus
             farre
             concerning
             names
             and
             styles
             for
             the
             Commanders
             and
             Gubernators
             of
             ships
             ,
             fleets
             ,
             and
             seas
             .
          
           
             But
             concerning
             the
             jurisdiction
             
             of
             the
             sea
             ,
             and
             the
             exercises
             of
             justice
             amongst
             sea-faring
             men
             ;
             at
             first
             amongst
             the
             Romans
             ,
             it
             was
             allowed
             to
             every
             President
             on
             the
             coasts
             ,
             and
             afterward
             other
             Iudges
             were
             specially
             constitute
             at
             the
             sea
             sides
             ,
             called
             Magisteriani
             :
             d
             but
             their
             Iudges
             were
             all
             countable
             to
             their
             higher
             Iudge
             ,
             styled
             
               Praefectus
               praetorio
               sublimissimus
            
             ,
             from
             whom
             was
             no
             appellatiō
             or
             advocatiō
             e
          
           
             Sithence
             ,
             in
             these
             latter
             daies
             ,
             for
             the
             readier
             obedience
             to
             the
             great
             Admirall
             of
             the
             Sea
             ,
             it
             is
             by
             common
             consent
             of
             Nations
             ,
             successively
             
             agreed
             ,
             that
             in
             consideration
             of
             the
             Admirals
             their
             soveraine
             commandement
             ,
             their
             speciall
             preferment
             ,
             and
             power
             upon
             the
             lives
             of
             men
             within
             the
             sea
             floud
             ;
             that
             therefore
             they
             should
             also
             have
             a
             soveraine
             jurisdiction
             onely
             proper
             to
             themselves
             ,
             over
             all
             sea-faring
             men
             within
             their
             bounds
             ,
             and
             in
             all
             sea-faring
             causes
             and
             debates
             ,
             civill
             and
             criminall
             .
             So
             that
             no
             other
             Iudge
             of
             any
             degree
             ,
             at
             least
             in
             Scotland
             ,
             may
             meddle
             therewith
             ,
             but
             onely
             by
             way
             of
             assistance
             ;
             and
             that
             by
             commission
             and
             in
             
             difficile
             causes
             ,
             as
             was
             found
             in
             the
             action
             intended
             by
             
               Antoin
               de
               la
               tour
            
             ,
             against
             one
             
               Christian
               Marteis
            
             ,
             6
             Novem.
             Anno
             1542.
             
             f
          
           
             In
             which
             jurisdiction
             ,
             the
             first
             power
             necessary
             ,
             is
             to
             constitute
             a
             Vice-Admirall
             and
             Captaines
             to
             supply
             his
             absence
             on
             sea
             ;
             as
             also
             Deputies
             ,
             for
             particular
             parts
             on
             the
             coasts
             ,
             with
             the
             Crowners
             to
             view
             the
             dead
             bodies
             found
             on
             sea
             ,
             or
             found
             on
             the
             coasts
             thereof
             ,
             and
             Commissioners
             or
             Iudges
             generall
             ,
             for
             exercising
             justice
             in
             his
             high
             Court
             on
             land
             ,
             with
             Clerkes
             ,
             Procurers
             ,
             
             Doome-sayers
             ,
             Marshals
             ,
             and
             other
             Officers
             ,
             for
             the
             exercising
             of
             their
             said
             jurisdiction
             both
             in
             peace
             and
             warre
             :
             and
             therefore
             to
             sit
             and
             hold
             Courts
             where
             they
             please
             ;
             to
             execute
             justice
             ,
             to
             imprison
             and
             relaxe
             ;
             and
             to
             command
             the
             Kings
             prisons
             and
             borroughs
             their
             prisons
             ,
             to
             receive
             and
             keepe
             their
             warders
             and
             prisoners
             .
             g
          
           
             Finally
             ,
             their
             authority
             should
             be
             distinctly
             acknowledged
             in
             all
             things
             pertaining
             to
             sea-faring
             .
          
           
             It
             is
             true
             ,
             that
             in
             Scotland
             before
             the
             erection
             of
             our
             
             Admirall
             after
             the
             example
             of
             other
             Nations
             ,
             the
             Deanes
             of
             Gild
             were
             ordinarily
             Iudges
             in
             civill
             debates
             ,
             betwixt
             Mariner
             and
             Merchant
             ,
             as
             the
             Water-baily
             betwixt
             Mariner
             and
             Mariner
             ,
             like
             as
             the
             high
             Iustice
             was
             Iudge
             in
             their
             criminals
             .
             Which
             actions
             all
             now
             falling
             forth
             betwixt
             the
             persons
             aforesaid
             ,
             of
             due
             appertaines
             to
             the
             jurisdiction
             of
             the
             Admirall
             ;
             and
             therefore
             his
             Iudge
             depute
             or
             Commissar
             ,
             called
             Iudge
             Admirall
             ,
             and
             none
             other
             ,
             should
             sit
             ,
             cognost
             ,
             determine
             and
             minister
             iustice
             in
             the
             foresaid
             
             causes
             :
             as
             likewise
             upon
             all
             complaints
             ,
             contracts
             ,
             offences
             ,
             pleas
             ,
             exchanges
             ,
             assecurations
             ,
             debts
             ,
             counts
             ,
             charter-parteis
             ,
             covenants
             ,
             and
             all
             other
             writings
             concerning
             lading
             and
             unlading
             of
             shippes
             ,
             fraughts
             ,
             hyres
             ,
             money
             lent
             upon
             casualties
             and
             hazard
             at
             sea
             ,
             and
             all
             other
             businesses
             whatsoever
             amongst
             sea-farers
             ,
             done
             on
             sea
             ,
             this
             side
             sea
             ,
             or
             beyond
             sea
             ;
             not
             forgetting
             the
             cognition
             of
             writs
             and
             appeales
             from
             other
             Iudges
             ,
             and
             the
             causes
             and
             actions
             of
             Represals
             or
             Letters
             of
             Marque
             :
             
             yea
             ,
             to
             take
             stipulations
             ,
             cognossians
             ,
             and
             insinuations
             ,
             in
             the
             bookes
             of
             the
             Admiraltie
             :
             and
             to
             doe
             all
             other
             things
             without
             which
             the
             jurisdiction
             of
             the
             Admiraltie
             cannot
             stand
             nor
             beare
             out
             ;
             and
             therefore
             to
             arrest
             and
             put
             in
             execution
             ,
             to
             inquire
             within
             and
             without
             liberties
             ,
             by
             the
             oathes
             of
             xij
             .
             men
             upon
             all
             offences
             .
             h
          
           
             As
             first
             ,
             touching
             the
             revealers
             of
             the
             King
             &
             Countrey
             their
             secrets
             over
             sea
             ,
             in
             time
             of
             warre
             .
          
           
             Item
             ,
             against
             Pyrats
             ,
             their
             Assisters
             or
             Abbetters
             ,
             Out-treaders
             and
             Receptors
             .
          
           
           
             Item
             ,
             against
             fortifiers
             of
             the
             Kings
             enemies
             ,
             and
             ha●●ers
             of
             his
             friends
             .
          
           
             Item
             ,
             against
             the
             breakers
             of
             the
             Admirals
             arrestments
             and
             attachments
             .
          
           
             Item
             ,
             against
             goods
             forbidden
             ,
             and
             merchandise
             not
             customed
             ,
             and
             yet
             shipped
             and
             transported
             .
          
           
             Item
             ,
             against
             the
             resisters
             of
             the
             Admirall
             his
             officers
             ,
             in
             executing
             his
             precepts
             .
          
           
             Item
             ,
             against
             the
             forestallers
             ,
             regraters
             ,
             and
             dearthers
             of
             corne
             ,
             fish
             ,
             drinke
             ,
             fire-wood
             ,
             victuals
             carried
             over
             sea
             .
          
           
             Item
             ,
             against
             pleaders
             before
             
             other
             Iudges
             than
             before
             the
             Iudge
             Admirall
             ,
             in
             causes
             pertaining
             to
             his
             iurisdiction
             ;
             as
             also
             against
             the
             Iudges
             cognoscing
             therupon
          
           
             Item
             ,
             against
             them
             which
             give
             Sea-brieves
             ,
             Testimonials
             ,
             or
             such
             like
             ,
             over
             sea
             ,
             without
             power
             or
             licence
             from
             the
             Admirall
             .
          
           
             Item
             ,
             against
             transporters
             and
             carriers
             of
             traitors
             ,
             rebels
             ,
             manifest
             transgressors
             ,
             and
             fugitives
             from
             iustice
             ,
             over
             sea
             .
          
           
             Item
             ,
             against
             hirers
             and
             fraughters
             of
             ships
             of
             other
             nations
             ,
             when
             they
             may
             be
             served
             by
             their
             own
             nation
             :
          
           
           
             Item
             ,
             against
             such
             as
             cast
             in
             ballasting
             ,
             sand
             ,
             or
             what
             else
             ,
             in
             harbours
             ,
             or
             channels
             ,
             that
             may
             defile
             or
             spoyle
             the
             same
             .
          
           
             Item
             ,
             against
             shippe
             and
             boat-wrights
             ,
             extortioning
             the
             Lieges
             or
             subjects
             .
          
           
             Item
             ,
             against
             taking
             away
             the
             boigh
             from
             the
             anchor
             ,
             or
             cutters
             of
             cables
             ,
             or
             other
             tewes
             .
          
           
             Item
             ,
             against
             false
             weights
             and
             measures
             by
             sea
             .
          
           
             Item
             ,
             against
             shedders
             of
             other
             mens
             bloud
             on
             sea
             ,
             or
             any
             Port
             or
             river
             below
             the
             first
             bridge
             next
             the
             sea
             :
             or
             them
             who
             are
             lamed
             or
             
             hurt
             through
             faulty
             and
             ill
             geare
             in
             ship
             .
          
           
             Item
             ,
             against
             Customers
             or
             Water-bailies
             ,
             taking
             more
             custome
             or
             anchorage
             than
             wont
             .
          
           
             Item
             ,
             against
             such
             as
             absent
             themselves
             from
             wappinshewing
             or
             mustering
             ;
             which
             the
             Admirall
             may
             ordaine
             twise
             a
             yeere
             in
             time
             of
             warre
             ,
             and
             once
             in
             two
             yeares
             in
             time
             of
             peace
             ,
             upon
             all
             dwellers
             at
             Ports
             and
             Harbors
             ,
             or
             within
             one
             mile
             neere
             thereunto
             .
             i
          
           
             Item
             ,
             all
             sorts
             of
             transgressions
             committed
             by
             sea-men
             ,
             ferry-men
             ,
             water-men
             ,
             as
             
             well
             in
             floud
             rivers
             and
             creekes
             from
             the
             first
             bridge
             ,
             as
             on
             the
             seas
             ;
             Fishers
             ,
             Pilots
             ;
             Shipwrights
             ,
             pressed
             men
             contemning
             the
             authority
             of
             the
             Admirall
             :
             and
             after
             due
             cognition
             ,
             to
             levie
             and
             apply
             to
             his
             owne
             use
             the
             penalties
             and
             amerciaments
             of
             all
             transgressors
             aforesaid
             ,
             as
             due
             unto
             the
             Admirall
             ;
             together
             with
             the
             goods
             of
             Pirats
             ,
             Felons
             ,
             capitall
             faulters
             ,
             their
             receivers
             ,
             assisters
             ,
             attainted
             ,
             convict
             ,
             condemned
             ,
             outlawed
             or
             horned
             .
          
           
             Item
             ,
             wayffe
             or
             stray
             goods
             ,
             wreck
             of
             sea
             ,
             cast
             goods
             .
          
           
           
             Item
             ,
             
               deo
               dando
            
             ,
             that
             is
             to
             say
             ,
             the
             thing
             ,
             whether
             Boat
             or
             Ship
             ,
             &c.
             that
             caused
             the
             death
             of
             a
             man
             ,
             or
             whereout-of
             a
             man
             did
             perish
             .
          
           
             Item
             ,
             shares
             ,
             lawfull
             prizes
             or
             goods
             of
             the
             enemy
             .
             siclike
             Lagon
             ,
             that
             which
             was
             found
             lyand
             at
             the
             sea
             ground
             ,
             and
             Flotson
             that
             is
             found
             swimming
             upon
             sea
             ;
             and
             Ietson
             ,
             which
             is
             cast
             forth
             of
             the
             sea
             to
             the
             shoare
             and
             coast
             ,
             with
             anchorages
             ,
             beaconages
             ,
             meare
             swine
             ,
             Sturgeons
             &
             Whales
             ,
             &c.
             and
             all
             fish
             of
             extraordinary
             greatnesse
             ,
             called
             regall
             fishes
             ;
             which
             all
             
             are
             allowed
             in
             great
             Brittaine
             ,
             France
             ,
             and
             other
             noble
             kingdomes
             ,
             to
             the
             Admirals
             ,
             by
             their
             Soveraigne
             ;
             for
             the
             better
             maintenance
             of
             their
             estate
             ,
             iurisdiction
             ,
             and
             conservancie
             on
             seas
             ,
             rivers
             ,
             flouds
             ,
             roads
             ,
             ports
             ,
             harbours
             ,
             channels
             ,
             sayling
             ,
             fishing
             ,
             and
             all
             trading
             there
             ,
             as
             altogether
             and
             chiefly
             committed
             to
             the
             care
             ,
             maintenance
             ,
             and
             protection
             of
             the
             Great
             Admirall
             .
          
        
         
           
           
             TIT.
             III.
             
          
           
             Of
             the
             Admirall
             Clerke
             .
          
           
             THe
             Clerke
             of
             the
             Admirall
             Court
             ,
             beside
             that
             he
             should
             be
             very
             skilfull
             ,
             faithfull
             ,
             and
             give
             his
             solemne
             oath
             thereupon
             at
             his
             admission
             ;
             and
             beside
             the
             poynts
             of
             his
             office
             requisite
             and
             common
             to
             all
             Clerkes
             of
             other
             Courts
             ,
             hee
             should
             have
             divers
             Registers
             ,
             as
             for
             congees
             ,
             saueconducts
             ,
             pasports
             ,
             
             sea-briefes
             ;
             as
             without
             which
             no
             shippe
             should
             passe
             to
             the
             sea
             in
             time
             of
             warre
             ,
             not
             yet
             to
             farre
             voyages
             in
             time
             of
             peace
             :
             a
             which
             no
             other
             Iudges
             nor
             Governours
             should
             give
             forth
             ,
             but
             the
             Admirall
             onely
             .
             b
          
           
             Item
             ,
             one
             other
             Register
             for
             the
             reports
             of
             the
             Skippers
             and
             Captains
             ,
             at
             their
             return
             to
             the
             Admirall
             also
             .
             c
          
           
             Item
             ,
             one
             other
             Register
             for
             the
             names
             of
             Merchants
             ,
             and
             Passengers
             ,
             and
             Owners
             ;
             for
             the
             Skipper
             is
             holden
             to
             give-up
             the
             said
             persons
             by
             name
             .
             d
          
           
             And
             because
             no
             man
             ought
             
             to
             take
             upon
             him
             to
             be
             a
             Master
             or
             Pilot
             without
             due
             tryall
             of
             his
             skill
             :
             even
             so
             ought
             his
             triall
             to
             be
             registred
             in
             the
             Admirall
             his
             bookes
             .
             e
             But
             within
             the
             water
             of
             Thames
             ,
             this
             tryall
             and
             registration
             of
             Pilots
             ,
             pertaines
             to
             the
             Trinitie-house
             .
             f
          
           
             Lastly
             ,
             all
             money
             lent
             to
             hazard
             upon
             the
             sea
             ,
             called
             of
             old
             
               Pecunia
               trajectitia
            
             ,
             for
             certaine
             profit
             ,
             called
             
               Foenus
               nauticum
            
             ,
             for
             the
             which
             the
             Lender
             was
             wont
             to
             beare
             the
             perill
             ,
             against
             the
             manners
             of
             these
             avaricious
             daies
             ;
             their
             lendings
             (
             I
             say
             )
             
             and
             billes
             of
             assurance
             ,
             should
             be
             done
             before
             the
             Admirall
             Clerke
             .
             g
          
           
             To
             conclude
             ,
             no
             other
             Clerke
             or
             Writer
             ,
             may
             meddle
             or
             pen
             things
             concerning
             the
             sea-faring
             ,
             without
             licence
             of
             the
             Admirall
             .
             h
          
        
         
           
           
             TIT.
             IV.
             
          
           
             Of
             the
             Advocates
             and
             other
             Officers
             assistants
             for
             the
             better
             and
             speedier
             proceeding
             in
             the
             Admirall
             Court.
             
          
           
             FOr
             the
             more
             upright
             proceeding
             ,
             and
             easier
             dispatch
             of
             causes
             and
             plaints
             in
             the
             Admirall
             Court
             ,
             it
             is
             found
             needful
             that
             all
             Procurers
             ,
             before
             they
             be
             heard
             ,
             sweare
             solemnly
             first
             ,
             that
             they
             should
             doe
             nothing
             maliciously
             ;
             but
             as
             soone
             as
             they
             finde
             ▪
             their
             
             action
             to
             be
             unrighteous
             in
             any
             part
             of
             the
             processe
             ,
             they
             shall
             tell
             it
             to
             their
             client
             :
             and
             if
             the
             client
             will
             insist
             ,
             then
             to
             shew
             it
             to
             the
             Iudge
             .
          
           
             Secondly
             ,
             that
             they
             shall
             not
             reveale
             their
             clients
             secret
             to
             the
             adversary
             ,
             nor
             yet
             collude
             with
             him
             to
             betray
             their
             client
             .
             And
             lastly
             ,
             that
             they
             shall
             propone
             neither
             dilator
             nor
             peremptor
             against
             their
             conscience
             .
             a
          
           
             To
             conclude
             ,
             the
             oath
             of
             fidelity
             is
             likewise
             to
             bee
             solemnly
             taken
             of
             the
             rest
             of
             the
             officers
             of
             Court
             :
             for
             the
             due
             execution
             of
             
             their
             offices
             ,
             namely
             ,
             at
             their
             admissions
             .
             b
          
        
         
           
           
             TIT.
             V.
             
          
           
             The
             manner
             of
             proceeding
             in
             Sea-faring
             causes
             .
          
           
             THe
             debates
             of
             sea-farers
             ,
             and
             sea-faring
             actions
             ,
             should
             be
             decided
             according
             to
             the
             received
             Lawes
             and
             Statutes
             of
             the
             sea
             :
             which
             fayling
             ,
             then
             the
             customes
             and
             consuetudes
             of
             these
             are
             to
             be
             followed
             .
             a
             because
             all
             dispositions
             and
             ordinances
             commonly
             take
             their
             interpretation
             from
             consuetudes
             and
             uses
             .
             b
          
           
           
             And
             if
             neither
             law
             written
             ,
             or
             unwritten
             custome
             ,
             nor
             consuetude
             occurres
             or
             appeares
             ,
             the
             last
             refuge
             is
             to
             the
             opinions
             and
             sentences
             of
             skilled
             and
             upright
             men
             in
             the
             profession
             and
             exercise
             of
             sea-faring
             ;
             because
             it
             is
             old
             and
             common
             ,
             that
             the
             judgement
             of
             skilled
             and
             well
             practised
             men
             ,
             should
             be
             followed
             in
             their
             owne
             trade
             and
             calling
             .
             c
          
           
             But
             in
             the
             manner
             of
             proceeding
             ,
             it
             is
             a
             perpetuall
             priviledge
             ,
             
               Quod
               velo
               le
               vato
            
             .
             d
             That
             is
             to
             say
             briefely
             and
             summarily
             ,
             causes
             should
             be
             cognosced
             ,
             and
             without
             
             the
             solemnitie
             of
             other
             ordinary
             Courts
             &
             judgements
             ,
             onely
             looking
             to
             God
             and
             the
             truth
             ;
             so
             that
             the
             Iudge
             should
             doe
             ,
             if
             it
             were
             possible
             ,
             as
             God
             himselfe
             .
             e
          
           
             Plaints
             then
             of
             sea-farers
             should
             be
             most
             summarily
             cognosced
             ,
             but
             specially
             of
             shipwracke
             ;
             for
             it
             were
             a
             cruelty
             to
             vexe
             so
             miserable
             persons
             with
             the
             tedious
             ordinary
             proceedings
             of
             Courts
             ,
             in
             so
             much
             as
             they
             need
             not
             to
             put
             their
             petition
             in
             writing
             .
             f
          
           
             And
             because
             that
             sayling
             tends
             to
             a
             great
             Common-wealth
             ,
             therefore
             least
             sea-farers
             
             should
             bee
             wearied
             with
             pleas
             ,
             and
             so
             either
             lose
             their
             right
             ,
             or
             their
             trade
             ,
             g
             summary
             processe
             should
             be
             common
             to
             them
             all
             .
          
           
             Which
             sort
             of
             processe
             is
             so
             urged
             by
             the
             Doctors
             of
             Law
             ,
             that
             they
             counsell
             Iudges
             ,
             who
             feare
             appellations
             or
             advocations
             ,
             to
             prevent
             the
             same
             by
             a
             present
             execution
             ;
             h
             namely
             ,
             in
             causes
             of
             spoyle
             or
             wrack
             :
             so
             that
             upon
             every
             interloquutor
             ,
             they
             may
             proceed
             to
             execution
             ,
             making
             restitution
             presently
             .
             Providing
             alwaies
             ,
             that
             caution
             bee
             first
             found
             by
             the
             spoyled
             ,
             to
             satisfie
             
             the
             sentence
             of
             the
             Iudge
             of
             the
             appellation
             ,
             in
             case
             it
             shall
             happen
             to
             be
             made
             .
             i
          
           
             This
             is
             also
             a
             priviledge
             of
             the
             sea-faring
             Iudicature
             ,
             that
             albeit
             by
             the
             common
             rules
             of
             the
             law
             ,
             where
             no
             Litiscontestation
             is
             past
             ,
             no
             witnesse
             should
             bee
             received
             ,
             
               nisi
               ad
               aeternam
               rei
               memoriam
               ,
               ac
               adversario
               ad
               id
               citato
            
             ;
             yet
             in
             shipwracke
             ,
             as
             a
             case
             very
             pittifull
             ,
             any
             of
             the
             shippe-broken
             men
             may
             come
             to
             the
             Iudge
             of
             that
             part
             where
             the
             wrack
             happens
             ,
             and
             by
             witnes
             brought
             with
             him
             ,
             prove
             the
             wracke
             and
             spoile
             ;
             k
             to
             the
             end
             
             that
             if
             any
             owner
             should
             pursue
             his
             goods
             ,
             for
             to
             recover
             them
             ,
             hee
             might
             be
             justly
             repelled
             by
             an
             exception
             of
             an
             innocent
             losse
             :
             l
             which
             should
             be
             done
             within
             a
             yeer
             and
             a
             day
             ;
             namely
             ,
             by
             such
             as
             were
             in
             service
             to
             the
             Prince
             and
             country
             .
             m
          
           
             The
             like
             is
             to
             be
             observed
             also
             in
             causes
             of
             spoyle
             ;
             where
             by
             the
             lawes
             of
             England
             ,
             it
             is
             sufficient
             for
             the
             spoyler
             to
             prove
             his
             goods
             by
             his
             marke
             ,
             &c.
             
             mm
          
           
             In
             which
             doing
             ,
             no
             citation
             is
             required
             ;
             and
             that
             against
             the
             common
             law
             :
             n
             yea
             ,
             the
             death
             of
             the
             ship-broken
             
             may
             not
             onely
             bee
             proved
             by
             the
             rest
             living
             ,
             but
             also
             by
             the
             persons
             ,
             who
             were
             present
             at
             the
             preparation
             of
             their
             voyage
             ,
             even
             their
             owne
             parents
             and
             children
             ,
             if
             none
             of
             the
             ship-broken
             be
             on
             live
             .
             o
          
           
             And
             as
             this
             is
             a
             priviledge
             extraordinary
             for
             such
             chances
             ;
             even
             so
             ordinarily
             may
             Merchants
             and
             Mariners
             sayling
             together
             ,
             beare
             witnesse
             each
             one
             to
             other
             of
             their
             society
             within
             ship
             ,
             if
             they
             have
             neyther
             to
             lose
             nor
             gaine
             thereby
             ;
             and
             namely
             Mariners
             ,
             for
             or
             against
             the
             Skipper
             when
             
             the
             voyage
             is
             ended
             ,
             and
             when
             they
             are
             free
             from
             his
             commandement
             .
             p
             For
             by
             the
             consent
             of
             the
             Doctors
             ,
             when
             the
             truth
             cannot
             be
             otherwise
             tryed
             ,
             then
             unable
             persons
             may
             be
             heard
             .
          
           
             Item
             ,
             to
             the
             end
             that
             this
             trade
             bee
             not
             hindred
             by
             calumniators
             ,
             and
             wilfull
             vexers
             of
             their
             neighbours
             under
             colour
             of
             Law
             :
             it
             is
             provided
             ,
             that
             not
             onely
             the
             common
             caution
             ,
             
               Iudicio
               sisti
               ,
               &
               Iudicatum
               solvi
               ,
            
             bee
             kept
             on
             the
             part
             of
             the
             defender
             ;
             but
             also
             that
             the
             pursuer
             shall
             finde
             caution
             ,
             
               de
               expensis
               solvendis
            
             ,
             if
             hee
             
             faile
             in
             proofe
             .
             q
          
           
             Likewise
             ,
             in
             case
             the
             party
             pursued
             be
             contumax
             ,
             and
             will
             not
             compeire
             to
             defend
             himselfe
             ,
             or
             his
             shippe
             ,
             or
             things
             challenged
             ;
             namely
             ,
             after
             three
             or
             foure
             citations
             directed
             from
             the
             high
             Court
             of
             the
             Admiraltie
             ,
             called
             
               quatuor
               defaltae
            
             (
             for
             that
             citation
             called
             
               Vnum
               pro
               omnibu●
            
             ,
             is
             not
             sufficient
             to
             convince
             one
             of
             contumacy
             )
             specially
             in
             the
             claime
             or
             vindication
             of
             a
             shippe
             ,
             any
             part
             thereof
             ,
             or
             any
             other
             such
             like
             thing
             or
             goods
             ;
             then
             may
             the
             Iudge
             ordaine
             his
             Marshall
             or
             officer
             ,
             by
             
             his
             sentence
             called
             
               primum
               decretum
            
             ,
             to
             put
             the
             plaintiffe
             in
             possession
             thereof
             ,
             at
             least
             to
             the
             worth
             of
             the
             suit
             :
             Providing
             notwithstanding
             ,
             that
             if
             the
             party
             compeir
             within
             a
             yeare
             and
             a
             day
             after
             ,
             offering
             the
             expence
             made
             to
             the
             pursuer
             ,
             and
             caution
             to
             obey
             the
             definitive
             ,
             he
             shall
             yet
             be
             heard
             upon
             the
             propriety
             .
             Otherwise
             ,
             that
             time
             being
             fully
             expired
             ,
             the
             Iudge
             may
             proceed
             and
             adjudge
             the
             propriety
             of
             the
             ship
             to
             the
             plaintiffe
             .
             r
          
           
             Neither
             is
             it
             needfull
             to
             execute
             summons
             or
             citations
             
             in
             such
             cases
             ,
             elsewhere
             but
             where
             the
             ship
             or
             quarrelled
             goods
             in
             question
             lies
             ,
             or
             at
             the
             part
             usuall
             of
             their
             haunting
             .
             s
          
           
             Further
             ,
             as
             this
             way
             it
             is
             provided
             for
             the
             snibbing
             and
             staying
             of
             calumniators
             in
             iudgement
             :
             even
             so
             it
             is
             ordained
             against
             maliciousnesse
             out
             of
             iudgement
             of
             such
             persons
             who
             onely
             to
             hinder
             and
             stay
             their
             neighbours
             ,
             vexes
             them
             with
             needlesse
             arrestments
             ;
             that
             upon
             caution
             such
             a●restments
             be
             speedily
             losed
             ,
             except
             it
             be
             either
             for
             fraught
             already
             deserved
             ,
             or
             mariners
             
             wages
             ,
             or
             such
             cases
             wherein
             by
             law
             the
             shippe
             is
             obliged
             ;
             or
             else
             for
             service
             to
             the
             Prince
             :
             t
             as
             also
             if
             arrestment
             be
             used
             ,
             eyther
             upon
             goods
             ,
             or
             mariner
             ready
             to
             saile
             ,
             the
             same
             may
             bee
             loosed
             ,
             upon
             caution
             to
             make
             forth-comming
             so
             much
             goods
             as
             the
             mariner
             hath
             within
             ship-boord
             .
             u
          
        
         
           
           
             TIT.
             VI.
             
          
           
             Of
             persons
             ordinary
             in
             ships
             .
          
           
             TOuching
             persons
             ordinary
             for
             sayling
             in
             ships
             ,
             they
             are
             of
             divers
             orders
             ,
             and
             therefore
             diversly
             stiled
             :
             as
             first
             ,
             hee
             who
             beares
             charge
             over
             all
             the
             shippe
             and
             kippage
             ,
             is
             commonly
             called
             by
             us
             ,
             and
             most
             part
             of
             nations
             ,
             both
             now
             and
             of
             old
             ,
             and
             specially
             by
             the
             Romane
             lawes
             ,
             Navicularius
             ,
             or
             
               Magister
               
               Navis
            
             :
             a
             that
             is
             ,
             as
             wee
             speake
             ,
             Master
             of
             the
             ship
             ;
             by
             the
             Dutches
             ,
             Skipper
             ;
             &
             by
             the
             Grecians
             ,
             Nauarchus
             or
             Nauclerus
             ;
             b
             by
             the
             Italians
             ,
             Patrono
             .
             But
             if
             the
             ship
             be
             a
             warfaring
             ship
             ,
             the
             principal
             person
             is
             commonly
             called
             Captaine
             by
             us
             and
             other
             neere
             nations
             .
             The
             next
             to
             the
             Master
             ,
             is
             hee
             who
             directs
             the
             ship
             in
             the
             course
             of
             her
             voyage
             ,
             called
             by
             the
             French-men
             ,
             Pilot
             ;
             by
             Vs
             and
             the
             Dutche
             ,
             Steirsman
             ;
             by
             the
             Romans
             ,
             Gubernator
             ;
             c
             by
             the
             Italians
             ,
             Nochiero
             ,
             d
             Pilotto
             ,
             &
             Nauarchus
             ,
             as
             Gerretus
             writes
             .
          
           
           
             The
             third
             person
             is
             commonly
             called
             the
             Masters
             mate
             or
             companion
             ,
             chiefly
             if
             the
             Master
             be
             Steirsman
             himselfe
             :
             this
             man
             is
             called
             by
             the
             Grecians
             and
             Romans
             Proreta
             :
             e
             his
             charge
             is
             to
             command
             all
             before
             the
             mast
             .
          
           
             The
             fourth
             person
             is
             hee
             who
             attends
             upon
             the
             mending
             of
             the
             faulty
             parts
             in
             the
             ship
             ,
             called
             by
             us
             and
             the
             Dutches
             ,
             Timberman
             or
             Shipwright
             ;
             by
             the
             old
             Grecians
             and
             Romans
             ,
             Naupegus
             or
             Naupagus
             :
             f
             but
             by
             the
             late
             Grecians
             ,
             Calaphates
             :
             for
             which
             cause
             the
             Emperor
             
             Michael
             was
             called
             Calaphates
             ,
             because
             his
             father
             had
             beene
             a
             Shipwright
             in
             Paphlagonia
             ;
             as
             witnesseth
             Egnatius
             and
             Volateranus
             ,
             *
             and
             therefore
             the
             Venetians
             and
             Italians
             name
             their
             Timberman
             Calafatte
             .
             g
          
           
             The
             next
             person
             in
             order
             ,
             is
             hee
             who
             beares
             the
             charge
             of
             the
             shippes
             boat
             ,
             called
             by
             us
             Boatsman
             ;
             by
             the
             Italians
             ,
             Barchierie
             ;
             by
             the
             Grecians
             and
             Romanes
             ,
             Carabita
             :
             for
             Carabus
             notes
             the
             boat
             of
             the
             ship
             .
             h
          
           
             The
             sixt
             person
             requisi●e
             in
             any
             shippe
             of
             great
             burthen
             ,
             
             is
             a
             Clerke
             ;
             by
             the
             Italians
             ,
             Scrivano
             ,
             i
             whose
             office
             is
             to
             write
             up
             and
             make
             accompt
             of
             all
             things
             received
             or
             delivered
             in
             the
             ship
             ,
             together
             with
             all
             the
             ordinary
             and
             needfull
             expenses
             made
             upon
             ship
             &
             kippage
             :
             who
             for
             his
             more
             faithfull
             discharge
             ,
             should
             at
             his
             entry
             be
             sworne
             before
             the
             ordinary
             Sea-Iudge
             ;
             as
             is
             ordinarily
             practised
             in
             Ancona
             ,
             and
             other
             parts
             of
             Italy
             .
             k
          
           
             The
             seventh
             is
             the
             Cook
             ,
             a
             most
             necessary
             member
             as
             long
             as
             there
             will
             be
             bellies
             .
          
           
             The
             eighth
             is
             the
             ships
             boy
             ,
             who
             keepes
             her
             continually
             
             in
             harbours
             ;
             called
             therefore
             by
             the
             Grecians
             ,
             Nauphylakes
             ;
             by
             the
             Romans
             ,
             Dietarius
             ;
             l
             and
             by
             the
             Italians
             ,
             Guardiano
             .
             m
             All
             the
             foresaids
             are
             distinct
             in
             offices
             and
             names
             ,
             and
             therefore
             accordingly
             should
             also
             be
             distinguished
             in
             hyres
             and
             fees
             ,
             after
             the
             custome
             of
             the
             Country
             .
             The
             rest
             of
             the
             persons
             of
             the
             kippage
             ,
             are
             under
             the
             common
             stile
             of
             mariners
             ,
             which
             the
             Romans
             call
             Nautas
             :
             but
             they
             name
             those
             of
             the
             lowest
             and
             base
             degree
             ,
             as
             may
             bee
             the
             boyes
             and
             prentises
             in
             ship
             ,
             Mesonautae
             ,
             n
             
             and
             Nautebatae
             ,
             as
             who
             should
             bee
             ready
             at
             command
             ,
             to
             climbe
             upon
             the
             tewes
             ,
             or
             to
             such
             common
             service
             in
             the
             ship
             .
             o
          
        
         
           
           
             TIT.
             VII
             .
          
           
             The
             fraughting
             of
             Ships
             .
          
           
             NO
             Shippe
             should
             be
             fraughted
             without
             a
             charter-partie
             written
             and
             subscribed
             ,
             a
             containing
             both
             the
             Master
             and
             Merchant
             ,
             and
             the
             name
             of
             the
             Ship
             ,
             that
             no
             doubt
             may
             arise
             ;
             b
             and
             likewise
             ,
             that
             the
             Master
             shall
             finde
             a
             sufficient
             Steirsman
             ,
             Timberman
             ,
             Shipman
             ,
             and
             Mariners
             convenient
             ,
             Shippe-tycht
             ,
             masts
             ,
             sayles
             ,
             tewes
             ,
             strong
             
             anchors
             ,
             and
             boat
             fit
             for
             the
             ship
             ,
             with
             fire
             ,
             water
             ,
             and
             salt
             ,
             on
             his
             own
             expences
             .
             c
             And
             this
             charter
             partie
             ,
             among
             all
             the
             westerne
             Merchants
             ,
             and
             those
             of
             the
             great
             Ocean
             ,
             usually
             is
             made
             to
             per●orme
             all
             things
             requisite
             by
             the
             lawes
             of
             Oleron
             .
             d
          
           
             And
             if
             there
             be
             no
             Writing
             ,
             but
             an
             Earnest
             ,
             then
             the
             Merchant
             ,
             if
             hee
             repent
             or
             rew
             ,
             loseth
             his
             Earnest
             :
             but
             the
             Skipper
             ,
             if
             he
             repent
             ,
             loseth
             the
             double
             of
             the
             earnest
             or
             arles
             e
          
           
             If
             the
             ship
             be
             not
             ready
             at
             the
             day
             appointed
             in
             the
             charter-party
             to
             goe
             to
             sea
             ,
             
             the
             Merchant
             may
             not
             onely
             free
             himselfe
             of
             her
             ,
             *
             except
             he
             hold
             his
             peace
             and
             discharge
             her
             not
             (
             for
             then
             by
             his
             silence
             he
             appeares
             to
             consent
             of
             new
             )
             but
             also
             shal
             or
             may
             obtaine
             all
             charges
             ,
             scathes
             and
             interest
             :
             f
             Except
             the
             Master
             shew
             some
             excuse
             of
             a
             notorious
             necessitie
             ,
             or
             of
             a
             chance
             that
             could
             not
             bee
             eschewed
             :
             and
             then
             hee
             loseth
             onely
             his
             fraught
             ,
             because
             hee
             hath
             not
             deserved
             it
             .
             g
             But
             if
             the
             fault
             be
             in
             the
             Merchant
             ,
             h
             he
             shall
             pay
             the
             Skipper
             and
             shippes
             dammage
             ,
             or
             according
             to
             the
             
             Rhodian
             law
             ,
             shall
             entertain
             the
             kippage
             and
             company
             tenne
             dayes
             ;
             and
             if
             then
             he
             stay
             longer
             ,
             shall
             pay
             the
             fraught
             of
             all
             accordingly
             :
             i
             and
             further
             ,
             shall
             upset
             all
             hurt
             and
             damage
             hapning
             by
             fire
             ,
             water
             ,
             or
             otherwise
             ,
             after
             the
             time
             appointed
             .
             k
          
           
             It
             is
             true
             ,
             that
             the
             Rhodians
             charge
             the
             Merchant
             in
             this
             case
             onely
             with
             halfe
             fraught
             ,
             &
             the
             Skipper
             with
             the
             whole
             fraught
             if
             he
             faile
             :
             albeit
             that
             the
             Romans
             inflict
             the
             pain
             of
             the
             whole
             fraught
             upon
             the
             Merchant
             :
             m
             specially
             ,
             if
             hee
             take
             forth
             his
             goods
             againe
             ;
             
             for
             then
             is
             the
             fraught
             thought
             to
             be
             deserved
             .
             n
          
           
             But
             if
             the
             ship
             in
             her
             voyage
             become
             unable
             without
             the
             Masters
             fault
             ,
             or
             that
             the
             Master
             or
             Ship
             bee
             arrested
             by
             some
             Magistra●e
             in
             her
             way
             ,
             the
             Master
             may
             either
             mend
             his
             shippe
             ,
             or
             fraught
             another
             :
             but
             in
             case
             the
             Merchant
             agree
             not
             therunto
             ,
             then
             the
             Master
             shall
             at
             least
             obtaine
             his
             fraught
             ,
             so
             farre
             as
             he
             hath
             deserved
             it
             .
             o
          
           
             For
             otherwise
             ,
             except
             the
             Merchant
             consent
             ,
             or
             necessitie
             constrain
             the
             Skipper
             ,
             to
             put
             the
             goods
             in
             
             another
             ship
             worse
             than
             his
             owne
             ,
             the
             Master
             is
             holden
             for
             all
             losses
             and
             damage
             ,
             except
             that
             both
             the
             ships
             perish
             that
             voyage
             ,
             and
             that
             no
             fault
             nor
             fraud
             be
             found
             with
             the
             Master
             .
             p
             Also
             it
             is
             recounted
             for
             a
             fault
             ,
             if
             the
             Master
             put
             forth
             the
             ship
             to
             sea
             ,
             either
             without
             a
             skilful
             Pilot
             ,
             or
             without
             sufficient
             furniture
             &
             necessaries
             ,
             according
             to
             the
             clause
             ordinary
             ●f
             charter
             parties
             ,
             or
             that
             the
             other
             ship
             in
             which
             the
             goods
             were
             last
             put
             in
             ,
             be
             not
             sufficient
             ,
             or
             that
             the
             Master
             hazard
             forth
             to
             sea
             in
             an
             unlikely
             time
             .
             q
             
             Yea
             ,
             in
             former
             times
             it
             was
             forbidden
             expresly
             ,
             as
             by
             the
             Emperours
             
               Gratian
               ,
               Theodosius
            
             ,
             and
             Valentinian
             ,
             to
             hazard
             upon
             sea
             from
             November
             till
             Aprill
             r
             As
             also
             by
             the
             Kings
             of
             Scotland
             ,
             from
             S.
             Iudes
             day
             till
             Candlemas
             s
             And
             alwaies
             it
             is
             accounted
             by
             the
             lawes
             for
             a
             fault
             ,
             to
             make
             forth
             of
             a
             Port
             in
             time
             of
             a
             manifest
             storme
             .
             t
          
           
             Item
             ,
             if
             a
             Skipper
             set
             forth
             his
             ship
             for
             a
             certain
             charge
             ,
             and
             then
             takes
             in
             any
             more
             ,
             he
             ought
             to
             lose
             his
             fraught
             justly
             .
             u
          
           
             And
             in
             such
             a
             case
             ,
             when
             goods
             bee
             cast
             through
             
             storme
             ,
             it
             shall
             not
             be
             made
             good
             by
             any
             contribution
             ,
             but
             by
             the
             Skipper
             his
             owne
             purse
             .
             x
             And
             if
             hee
             over-burden
             the
             ship
             above
             the
             birth
             marke
             ,
             he
             shall
             pay
             a
             fine
             .
             y
          
           
             Item
             ,
             if
             a
             Ship
             Port
             at
             any
             other
             Port
             then
             she
             was
             fraughted
             to
             ,
             against
             the
             Masters
             will
             ,
             as
             by
             storm
             ,
             or
             some
             force
             ;
             then
             the
             goods
             shall
             be
             transpor●ed
             to
             the
             port
             conditioned
             ,
             on
             the
             Skippers
             charges
             :
             but
             this
             thing
             also
             must
             be
             tried
             by
             〈◊〉
             oath
             of
             the
             Skipper
             and
             two
             of
             his
             Mariners
             :
             z
             or
             else
             the
             Skipper
             may
             bee
             in
             
             further
             danger
             .
          
           
             Where
             also
             it
             is
             to
             be
             observed
             ,
             that
             for
             the
             in-going
             to
             sundry
             divers
             ports
             by
             the
             way
             ,
             imports
             not
             a
             diversitie
             or
             a
             multiplication
             of
             voyages
             *
          
           
             But
             if
             any
             man
             compell
             the
             Skipper
             to
             overburden
             ship
             or
             boat
             ,
             he
             may
             be
             therfore
             accused
             criminally
             ,
             and
             pay
             the
             damage
             happening
             thereby
             .
             a
          
           
             Item
             ,
             if
             any
             Skipper
             set
             his
             ship
             to
             an
             unfree
             man
             ,
             and
             not
             of
             substance
             ,
             and
             other
             qualities
             prescribed
             by
             king
             Iames
             the
             third
             ,
             b
             hee
             and
             his
             Mariners
             shall
             under-lie
             
             the
             paines
             contained
             therein
             .
          
           
             Item
             ,
             if
             a
             Merchant
             put
             in
             more
             goods
             in
             ship
             than
             was
             conditioned
             ,
             then
             may
             the
             Skipper
             take
             what
             fraught
             he
             please
             .
             c
          
           
             It
             is
             imputed
             for
             a
             fault
             to
             the
             Master
             ,
             if
             he
             direct
             his
             course
             by
             waies
             either
             dangerous
             through
             Pirats
             ,
             enemies
             ,
             or
             other
             evill
             aventures
             ,
             and
             holds
             not
             forth
             his
             due
             rout
             ,
             d
             and
             dammage
             happen
             thereby
             .
          
           
             It
             is
             likewise
             counted
             a
             fault
             ,
             if
             the
             Master
             carry
             the
             pensell
             or
             flagge
             of
             other
             Nations
             than
             his
             owne
             ,
             and
             thereby
             incurres
             scath
             and
             
             losse
             of
             any
             thing
             .
             e
             For
             ,
             as
             packquets
             ,
             pipes
             ,
             hogsheads
             ,
             and
             such
             like
             ,
             should
             be
             marked
             by
             the
             proper
             marks
             of
             the
             Merchants
             to
             whom
             they
             appertaine
             :
             f
             even
             so
             should
             ships
             be
             discerned
             one
             from
             another
             ,
             by
             their
             owne
             pensell
             or
             flagge
          
           
             Item
             ,
             if
             coffers
             ,
             pipes
             ,
             pakquets
             ,
             &c.
             be
             delivered
             close
             and
             sealed
             ,
             and
             afterward
             shall
             be
             received
             open
             and
             loose
             ,
             the
             Master
             is
             to
             be
             charged
             therefore
             ,
             untill
             a
             due
             tryall
             and
             consideration
             of
             that
             matter
             .
             g
          
           
             The
             Master
             also
             must
             be
             answerable
             ,
             
             for
             that
             harme
             which
             the
             rats
             for
             want
             of
             a
             cat
             doe
             in
             the
             ship
             to
             any
             merchandise
             .
             h
          
        
         
           
           
             TIT.
             VIII
             .
          
           
             Of
             the
             Master
             of
             the
             Ship
             ,
             his
             power
             ,
             and
             duty
             thereunto
             belonging
             .
          
           
             THe
             Master
             of
             the
             ship
             is
             hee
             to
             whom
             the
             whole
             power
             and
             charge
             of
             the
             ship
             is
             committed
             :
             a
             which
             power
             is
             prescribed
             ,
             partly
             by
             the
             owner
             or
             outreader
             ,
             and
             partly
             by
             the
             common
             law
             of
             the
             sea
             :
             as
             ,
             to
             set
             her
             forth
             for
             fraught
             ;
             to
             take
             in
             passengers
             ;
             to
             mend
             and
             furnish
             
             the
             ship
             .
             b
             And
             to
             that
             effect
             ,
             if
             need
             be
             ,
             in
             a
             strange
             countrey
             to
             borrow
             money
             with
             advise
             of
             the
             kippage
             or
             ,
             company
             ,
             c
             upon
             some
             of
             the
             tackle
             ,
             or
             to
             sell
             some
             of
             the
             Merchants
             goods
             ;
             provided
             ,
             that
             the
             highest
             price
             that
             the
             rest
             of
             the
             goods
             is
             sold
             for
             at
             the
             market
             ,
             be
             repayed
             to
             the
             Merchant
             :
             which
             being
             done
             ,
             the
             fraught
             of
             that
             goods
             so
             sold
             and
             repayed
             ,
             shall
             be
             repayed
             by
             the
             Master
             to
             the
             owner
             of
             the
             ship
             ,
             as
             well
             as
             the
             fraught
             of
             the
             rest
             of
             the
             Merchants
             goods
             ,
             except
             the
             ship
             perish
             in
             the
             voyage
             ;
             
             in
             which
             case
             onely
             the
             price
             that
             the
             sold
             goods
             were
             bought
             for
             ,
             shall
             be
             rendered
             :
             d
             And
             for
             no
             other
             cause
             ,
             no
             not
             in
             the
             chance
             of
             shipwracke
             ,
             may
             the
             Master
             take
             on
             or
             conquest
             money
             ,
             specially
             ,
             by-selling
             of
             Merchants
             goods
             .
             e
             And
             thus
             far
             cōcerning
             his
             power
          
           
             As
             for
             the
             Masters
             duty
             ,
             he
             ought
             first
             before
             he
             loose
             or
             make
             saile
             ,
             to
             seeke
             and
             obtaine
             the
             consent
             of
             the
             most
             part
             of
             the
             kippage
             or
             company
             ;
             yea
             ,
             if
             hee
             be
             not
             very
             skilfull
             ,
             he
             should
             doe
             no
             other
             thing
             of
             importance
             without
             their
             advise
             :
             
             otherwise
             ,
             hee
             shall
             undergoe
             what-ever
             dammage
             happens
             by
             his
             doings
             ;
             f
             and
             specially
             if
             he
             loose
             forth
             of
             any
             harbour
             without
             an
             expert
             Pilot
             ,
             g
             yea
             ,
             or
             in
             the
             harbour
             the
             ship
             happen
             to
             fallover
             .
             h
          
           
             And
             as
             the
             Skipper
             his
             rashnesse
             and
             unskilfulnesse
             is
             thus-wise
             corrected
             :
             even
             so
             his
             negligence
             and
             sloth
             is
             to
             be
             punished
             .
             As
             first
             ,
             by
             suffering
             the
             overlap
             and
             cowbridge
             to
             be
             unticht
             ,
             i
             or
             the
             pumpe
             to
             be
             faultie
             ,
             or
             a
             sufficient
             decking
             to
             be
             lacking
             ;
             k
             and
             specially
             ,
             from
             corn
             ,
             victuall
             ,
             and
             such
             
             like
             goods
             ,
             which
             should
             be
             most
             carefully
             kept
             ,
             and
             fenced
             from
             water
             and
             spoyling
             .
             l
             Otherwise
             ,
             the
             negligent
             Skipper
             is
             holden
             to
             make
             good
             all
             scath
             or
             dammage
             comming
             thereby
             ,
             beside
             that
             the
             fraught
             of
             such
             spoiled
             goods
             is
             lost
             ;
             except
             that
             m
             the
             ship
             or
             crear
             was
             open
             from
             the
             beginning
             ,
             and
             fraughted
             without
             any
             overlap
             :
             n
             which
             two
             kindes
             of
             ships
             ,
             are
             tearmed
             by
             the
             Iurisconsult
             ,
             
               Emphractae
               &
               Rephractae
            
             ,
             nn
          
           
             Further
             ,
             this
             duty
             is
             required
             of
             the
             Master
             ,
             that
             according
             to
             the
             Act
             made
             by
             
             King
             Iames
             the
             third
             of
             Scotland
             ,
             he
             give
             up
             the
             names
             of
             all
             persons
             transported
             in
             his
             ship
             ,
             before
             he
             make
             saile
             :
             n
             As
             likewise
             at
             his
             return
             ,
             the
             just
             Inventarie
             of
             the
             goods
             of
             any
             persons
             which
             shall
             happen
             to
             depart
             this
             life
             in
             that
             voyage
             ;
             o
             to
             the
             end
             ,
             that
             not
             onely
             the
             lieges
             at
             home
             ,
             nearest
             to
             the
             dead
             ,
             may
             succeed
             to
             their
             right
             :
             but
             also
             concerning
             strangers
             so
             deceased
             ,
             and
             their
             goods
             ,
             that
             the
             same
             may
             be
             put
             in
             sure
             keeping
             ,
             forth-comming
             for
             three
             yeeres
             space
             ;
             but
             by
             the
             custome
             of
             England
             ,
             one
             yeare
             ,
             untill
             
             the
             nearest
             of
             the
             dead-mans
             kinne
             come
             and
             claime
             the
             same
             .
             p
             Of
             which
             goods
             in
             the
             meane
             time
             ,
             the
             bedding
             with
             the
             pertinents
             thereof
             ,
             may
             be
             of
             due
             taken
             by
             the
             Master
             and
             his
             mate
             ,
             to
             their
             uses
             ;
             as
             also
             such
             cloathing
             ,
             and
             other
             thing
             then
             presently
             upon
             that
             persons
             body
             ,
             may
             be
             delivered
             to
             the
             boatsman
             and
             servants
             of
             the
             ship
             ,
             as
             who
             ought
             therefore
             to
             burie
             ,
             or
             cure
             at
             least
             ,
             the
             over-putting
             of
             the
             dead
             in
             the
             Sea.
             
             q
          
        
         
           
           
             TIT.
             IX
             .
          
           
             Of
             the
             Masters
             duty
             to
             the
             Merchant
             and
             Passenger
             ;
             and
             of
             his
             priviledges
             .
          
           
             THe
             Master
             ought
             to
             render
             againe
             whatever
             he
             receives
             within
             his
             ship
             ,
             to
             him
             who
             delivered
             the
             same
             ,
             as
             well
             victuall
             as
             clothing
             and
             merchandise
             ,
             goods
             ,
             or
             other
             thing
             :
             a
             where
             we
             take
             goods
             to
             be
             delivered
             ,
             if
             either
             it
             be
             put
             in
             the
             ship
             ,
             or
             in
             presence
             
             of
             the
             Master
             or
             Clerk
             as
             his
             deputie
             ,
             layd
             to
             the
             ships
             side
             ,
             b
             and
             both
             wayes
             ,
             the
             perill
             to
             appertain
             to
             the
             Master
             .
             c
          
           
             Which
             thing
             also
             is
             extended
             to
             boatsmen
             ,
             and
             to
             the
             Ferryers
             :
             d
             and
             yet
             is
             it
             surest
             to
             deliver
             goods
             before
             witnesse
             ,
             and
             that
             either
             to
             the
             Master
             ,
             Clerke
             ,
             or
             Skipper
             his
             deputies
             thereto
             :
             e
             for
             the
             master
             is
             not
             holden
             for
             such
             things
             as
             are
             put
             in
             ship
             without
             his
             ,
             and
             his
             companies
             knowledge
             ;
             f
             because
             where
             men
             are
             found
             ignorant
             ,
             they
             are
             also
             esteemed
             not
             to
             consent
             .
             
             But
             if
             the
             Merchant
             or
             Passenger
             keepe
             his
             goods
             by
             himselfe
             ,
             as
             money
             or
             such
             thing
             in
             his
             coffers
             ,
             and
             then
             alledge
             the
             lacke
             therof
             ,
             then
             is
             the
             Skipper
             and
             his
             kippage
             onely
             to
             purge
             themselves
             by
             their
             oath
             :
             f
             but
             if
             afterward
             notwithstanding
             they
             be
             found
             guilty
             ,
             the
             denyer
             shall
             pay
             the
             double
             ,
             and
             also
             be
             punished
             for
             perjurie
             .
             g
          
           
             Even
             so
             ,
             the
             Master
             is
             lyable
             for
             all
             damage
             sustained
             through
             evill
             hooks
             ,
             cordels
             ,
             blocks
             or
             lines
             ;
             namely
             ,
             if
             the
             mariner
             foreshew
             the
             said
             things
             to
             be
             
             faulty
             :
             and
             alwaies
             the
             mariners
             shall
             help
             the
             Skipper
             in
             common
             to
             pay
             the
             said
             damage
             .
             h
          
           
             Item
             ,
             if
             any
             scath
             or
             damage
             happen
             to
             the
             Merchant
             or
             Passengers
             goods
             ,
             through
             unreasonable
             stowing
             or
             breaking
             up
             ,
             the
             master
             shall
             not
             onely
             refound
             or
             make
             good
             the
             same
             ,
             but
             also
             lose
             his
             fraught
             ,
             and
             twenty
             pound
             in
             Scotland
             to
             the
             King
             ,
             i
             or
             his
             Admirall
             as
             his
             successor
             now
             ;
             and
             for
             lacke
             of
             proofe
             in
             this
             case
             ,
             the
             Skipper
             and
             his
             kippage
             shal
             be
             put
             to
             their
             oath
             .
             k
             Further
             ,
             what
             ever
             shal
             hapē
             
             through
             fault
             ,
             negligence
             or
             chance
             eschewable
             ,
             or
             by
             the
             deed
             of
             passengers
             and
             others
             than
             himselfe
             or
             his
             kippage
             ,
             the
             Skipper
             is
             holden
             to
             answer
             and
             pay
             for
             all
             ,
             to
             the
             uttermost
             penny
             :
             l
             for
             if
             such
             dammage
             happen
             by
             a
             mariner
             ,
             the
             Skipper
             shall
             refound
             the
             double
             ,
             m
             but
             hee
             may
             repett
             it
             from
             the
             mariner
             .
             n
             But
             it
             is
             not
             so
             if
             the
             damage
             bee
             done
             by
             a
             mariner
             to
             another
             ,
             except
             he
             be
             a
             Merchant
             also
             ,
             or
             by
             a
             Merchant
             or
             Passenger
             to
             one
             another
             ,
             then
             shall
             not
             the
             double
             be
             sought
             of
             the
             
             master
             .
             o
             Neither
             yet
             is
             the
             master
             holden
             for
             anything
             without
             the
             ship
             ,
             or
             yet
             within
             the
             same
             ,
             if
             he
             duely
             forewarn
             each
             man
             to
             keepe
             his
             owne
             goods
             ,
             and
             they
             agree
             thereunto
             .
             p
          
           
             Such
             is
             the
             force
             of
             due
             protestation
             ,
             according
             to
             the
             opinions
             of
             the
             most
             famous
             Doctors
             ;
             q
             which
             cōditions
             aforesaid
             ,
             are
             most
             justly
             layd
             upon
             the
             master
             ,
             because
             he
             ought
             to
             hire
             good
             men
             ,
             and
             no
             evill
             person
             in
             his
             company
             :
             r
             for
             it
             is
             in
             his
             owne
             free
             will
             to
             chuse
             his
             company
             ,
             and
             he
             should
             not
             be
             ignorant
             of
             
             the
             men
             he
             hath
             to
             doe
             with
             ;
             s
             otherwise
             ,
             if
             the
             master
             were
             not
             so
             obliged
             to
             all
             such
             duties
             and
             diligence
             for
             the
             Merchant
             &
             Passenger
             ,
             there
             should
             be
             great
             occasion
             of
             stealth
             &
             spoile
             .
             t
          
           
             Lastly
             ,
             if
             through
             the
             Masters
             fault
             ,
             confiscation
             ,
             or
             other
             damage
             happe●s
             ,
             as
             for
             non-payment
             of
             the
             custom
             ,
             or
             false
             bils
             of
             the
             goods
             customable
             ,
             or
             for
             transporting
             of
             unlawfull
             goods
             ,
             the
             Master
             shall
             refound
             the
             same
             with
             the
             interest
             .
             u
          
           
             But
             concerning
             the
             pursuits
             of
             these
             aforesaids
             ,
             as
             the
             Merchant
             may
             wel
             pursue
             
             for
             the
             spoyled
             goods
             onely
             :
             x
             even
             so
             may
             the
             Master
             pursue
             the
             stollen
             goods
             ;
             as
             he
             who
             must
             onely
             ,
             at
             least
             ,
             chiefly
             ,
             answer
             therefore
             .
             y
             And
             yet
             for
             all
             this
             ,
             in
             case
             for
             want
             of
             these
             things
             ,
             which
             the
             Merchant
             at
             the
             fraughting
             promised
             to
             be
             done
             at
             the
             entry
             to
             the
             voyage
             ,
             any
             of
             the
             aforesaid
             losses
             happens
             ,
             and
             therewith
             the
             Master
             and
             foure
             mariners
             sweare
             no
             fault
             to
             have
             been
             in
             them
             ,
             the
             Master
             shall
             goe
             free
             .
             z
          
           
             And
             yet
             must
             we
             not
             overpasse
             this
             observation
             ,
             that
             if
             the
             Master
             offer
             the
             just
             
             custom
             ,
             anchorage
             ,
             or
             whatever
             other
             duty
             pertaines
             to
             any
             Customers
             ,
             and
             he
             ,
             because
             of
             their
             unrighteous
             refusall
             ,
             makes
             saile
             ,
             the
             weather
             and
             his
             necessity
             so
             requiring
             ,
             then
             may
             he
             be
             justly
             defended
             afterward
             against
             that
             Customer
             .
             a
             Neither
             yet
             should
             a
             ship
             that
             hath
             once
             paid
             her
             anchorages
             ,
             pay
             againe
             ,
             if
             she
             be
             forc't
             through
             tempest
             backe
             to
             the
             same
             Port.
             
             b
          
        
         
           
           
             TIT.
             X.
             
          
           
             The
             Masters
             duty
             to
             the
             Mariner
             .
          
           
             SEeing
             the
             Master
             is
             the
             ordinary
             ruler
             over
             his
             owne
             kippage
             or
             company
             ,
             he
             ought
             to
             keepe
             them
             in
             peace
             so
             long
             as
             they
             eate
             his
             bread
             .
             a
             And
             if
             any
             mariner
             hap
             to
             be
             hurt
             in
             doing
             service
             ,
             or
             by
             his
             companion
             ,
             the
             Master
             shall
             cause
             him
             to
             be
             healed
             ,
             as
             he
             who
             is
             onely
             answerable
             for
             the
             fact
             of
             all
             within
             ship-boord
             ;
             b
             and
             then
             by
             
             his
             authority
             ,
             repeit
             or
             recover
             from
             the
             other
             mariner
             ,
             the
             charges
             ,
             with
             all
             that
             is
             lost
             to
             the
             hurt
             man
             therby
             :
             c
             except
             that
             he
             who
             is
             hurt
             or
             lamed
             ,
             have
             provoked
             the
             other
             by
             evident
             invasion
             ,
             assault
             ,
             or
             stroaks
             .
             d
          
           
             And
             if
             a
             mariner
             become
             sick
             ,
             the
             Skipper
             shall
             cause
             him
             to
             be
             layd
             in
             a
             house
             ,
             with
             all
             sustentation
             necessary
             and
             usuall
             in
             the
             ship
             ,
             but
             shall
             not
             stay
             the
             ship
             untill
             he
             be
             healed
             ;
             and
             when
             he
             recovers
             health
             ,
             shall
             give
             him
             his
             hire
             :
             or
             if
             he
             dye
             ,
             shall
             give
             it
             to
             the
             wife
             or
             nearest
             friends
             .
             e
             But
             if
             a
             
             mariner
             be
             not
             hurt
             in
             the
             ships
             service
             ,
             the
             Skipper
             shall
             hire
             another
             in
             his
             place
             ;
             who
             if
             he
             draw
             more
             hyre
             ,
             then
             that
             mariner
             shall
             refound
             the
             superplus
             .
             f
             And
             alwaies
             the
             Master
             ought
             to
             lēd
             his
             mariners
             if
             they
             lack
             g
          
           
             Item
             ,
             if
             through
             the
             Masters
             fault
             ,
             the
             ships
             boat
             perish
             with
             any
             mariners
             in
             it
             ,
             as
             through
             spoyld
             tews
             ,
             &c.
             then
             shal
             the
             Master
             pay
             one
             whole
             yeeres
             hyre
             to
             the
             heires
             of
             the
             drowned
             :
             h
          
           
             Item
             ,
             he
             ought
             to
             give
             his
             mariners
             ,
             flesh
             upon
             Sonday
             ,
             Tuesday
             ,
             and
             Thursday
             ;
             and
             upon
             other
             dayes
             ,
             
             fish
             ,
             or
             such
             like
             ,
             with
             sufficient
             drinke
             :
             but
             no
             meate
             to
             them
             that
             sleepe
             not
             in
             the
             ship
             .
             i
             And
             yet
             the
             quality
             and
             quantity
             of
             mariners
             food
             and
             hyres
             ,
             goeth
             diversly
             ,
             according
             to
             the
             divers
             customes
             of
             Countries
             ,
             and
             the
             conditions
             made
             at
             the
             entry
             to
             their
             voyage
             .
          
        
         
           
           
             TIT.
             XI
             .
          
           
             Of
             the
             duties
             and
             priviledges
             of
             Mariners
             .
          
           
             MAriners
             owe
             all
             due
             obedience
             to
             the
             Master
             ,
             not
             onely
             in
             flying
             from
             him
             in
             his
             wrath
             so
             farre
             as
             they
             can
             ,
             but
             also
             in
             suffering
             ;
             yet
             may
             they
             after
             one
             stroake
             defend
             themselves
             .
             In
             case
             of
             rebellion
             of
             mariners
             against
             their
             master
             ,
             which
             is
             thought
             then
             to
             be
             done
             ,
             when
             the
             
             Master
             hath
             thrise
             lifted
             the
             Towell
             from
             before
             any
             mariner
             ,
             and
             yet
             he
             submits
             not
             himselfe
             ,
             then
             may
             he
             not
             onely
             be
             commanded
             forth
             of
             the
             ship
             at
             the
             first
             land
             ,
             but
             also
             if
             he
             make
             open
             strife
             and
             debate
             against
             the
             master
             ,
             hee
             shall
             lose
             his
             halfe
             hire
             ,
             with
             all
             the
             goods
             he
             hath
             within
             ship-boord
             .
             a
          
           
             But
             if
             in
             this
             strife
             a
             mariner
             useth
             any
             armour
             or
             weapons
             ,
             then
             should
             the
             rest
             of
             the
             mariners
             binde
             him
             ,
             prison
             him
             ,
             and
             present
             him
             to
             justice
             ;
             so
             that
             if
             any
             of
             them
             refuse
             to
             lay
             to
             his
             hand
             ,
             and
             to
             assist
             ,
             he
             
             shall
             lose
             his
             hire
             ,
             with
             all
             that
             he
             hath
             within
             shippe-boord
             .
             b
             Yea
             in
             case
             any
             number
             of
             the
             mariners
             would
             conspire
             to
             force
             the
             Skipper
             to
             passe
             to
             any
             other
             Port
             ,
             than
             to
             the
             which
             he
             was
             fraughted
             ,
             then
             may
             they
             be
             accused
             criminally
             ,
             and
             punished
             ,
             as
             for
             a
             capitall
             crime
             .
             c
          
           
             And
             yet
             ,
             if
             a
             rebellious
             mariner
             repent
             in
             time
             ,
             and
             offer
             amends
             for
             a
             simple
             rebellion
             ,
             and
             the
             Skipper
             notwithstanding
             refuse
             ;
             he
             may
             follow
             the
             ship
             ,
             and
             obtain
             his
             hire
             .
             d
          
           
             Mariners
             ought
             each
             one
             to
             
             helpe
             and
             assist
             others
             on
             the
             sea
             :
             or
             else
             he
             that
             refuseth
             ,
             loseth
             his
             hire
             ;
             and
             the
             oath
             of
             his
             fellowes
             shall
             be
             a
             proofe
             against
             him
             .
             e
          
           
             Mariners
             in
             a
             strange
             Port
             ,
             should
             not
             leave
             the
             ship
             without
             the
             masters
             licence
             ,
             or
             fastning
             her
             with
             foure
             ●ewes
             ;
             or
             else
             the
             losse
             lights
             upon
             them
             .
             They
             should
             also
             await
             upon
             the
             ship
             untill
             she
             be
             discharged
             ,
             and
             ballasted
             new
             ,
             f
             and
             the
             tackle
             taken
             downe
             .
          
           
             And
             if
             a
             mariner
             ,
             in
             time
             of
             loosing
             and
             lading
             ,
             labour
             not
             with
             the
             rest
             of
             the
             company
             ,
             but
             goes
             idle
             and
             absents
             
             himselfe
             ,
             he
             shall
             pay
             a
             fine
             to
             the
             rest
             ,
             prorata
             ,
             at
             the
             Masters
             discretion
             .
             g
          
           
             At
             least
             ,
             the
             halfe
             of
             the
             kippage
             or
             company
             ,
             ought
             in
             strange
             country
             port
             or
             roade
             to
             stay
             aboord
             :
             and
             the
             rest
             who
             goe
             a-land
             ,
             albeit
             with
             licence
             ,
             should
             keepe
             sobriety
             ,
             and
             abstaine
             from
             suspected
             places
             ,
             or
             else
             should
             be
             punished
             in
             body
             and
             purse
             ,
             like
             as
             bee
             who
             absents
             himselfe
             when
             the
             ship
             is
             ready
             to
             saile
             .
             h
             Yea
             ,
             if
             he
             give
             out
             himselfe
             for
             worthier
             than
             he
             is
             in
             his
             calling
             ,
             he
             shall
             lose
             his
             hire
             ,
             halfe
             to
             the
             Admirall
             ,
             
             and
             the
             other
             half
             to
             the
             master
             :
             i
             but
             this
             especially
             ought
             to
             be
             executed
             against
             an
             unworthy
             Pilot.
             k
             The
             mariner
             also
             forfets
             his
             hire
             if
             the
             ship
             breake
             in
             any
             part
             ,
             &
             he
             help
             not
             with
             al
             his
             diligence
             to
             save
             the
             goods
             .
             l
          
           
             If
             it
             chance
             any
             otherwise
             than
             well
             to
             the
             Master
             ,
             the
             mariners
             are
             then
             holden
             to
             bring
             backe
             the
             ship
             to
             the
             port
             from
             whence
             she
             was
             fraughted
             ,
             without
             delay
             ,
             m
             except
             it
             be
             otherwise
             provided
             .
          
           
             A
             mariner
             may
             carry
             as
             much
             meat
             forth
             of
             the
             ship
             as
             he
             may
             eate
             at
             a
             meale
             ,
             but
             no
             drink
             .
             n
          
           
           
             A
             mariner
             may
             either
             keep
             his
             portage
             in
             his
             own
             hand
             ,
             or
             put
             forth
             the
             same
             for
             fraught
             :
             and
             yet
             should
             not
             the
             ship
             stay
             upon
             the
             preparation
             for
             his
             portage
             .
             o
             So
             that
             in
             case
             the
             ship
             be
             fully
             laden
             before
             the
             goods
             for
             his
             portage
             be
             brought
             in
             ,
             he
             shall
             have
             the
             just
             fraught
             of
             so
             much
             goods
             .
             p
          
           
             If
             a
             ship
             passe
             further
             than
             the
             mariner
             was
             hired
             ,
             his
             hire
             should
             be
             accordingly
             augmented
             ;
             except
             he
             be
             hired
             ,
             as
             the
             French
             man
             speakes
             ,
             
               a
               mareages
               ,
               mais
               non
               à
               deniers
               .
            
             q
             If
             a
             Mariner
             runne
             away
             
             with
             his
             hire
             undeserved
             ,
             he
             deserves
             the
             gallowes
             .
             r
          
           
             If
             a
             mariner
             be
             hired
             for
             a
             simple
             mariner
             ,
             and
             afterward
             in
             the
             voyage
             findes
             hiring
             tobe
             a
             Pilot
             or
             a
             Master
             ,
             he
             may
             passe
             with
             provision
             to
             render
             his
             former
             hire
             :
             evē
             so
             is
             it
             if
             he
             mary
             .
             s
          
           
             Mariners
             are
             not
             onely
             holden
             to
             loose
             and
             deliver
             goods
             over-boord
             ;
             but
             also
             if
             no
             Porters
             nor
             Caryers
             be
             in
             those
             parts
             ,
             to
             carry
             the
             same
             themselves
             ,
             for
             such
             hire
             as
             other
             workmen
             should
             have
             had
             therfore
             .
             t
          
           
             If
             it
             happen
             a
             ship
             to
             be
             prized
             for
             debt
             or
             otherwise
             
             to
             be
             forfeited
             ,
             yet
             should
             the
             mariners
             hire
             be
             paid
             ;
             and
             if
             she
             prosper
             ,
             to
             receive
             their
             pay
             in
             the
             same
             money
             that
             the
             fraught
             is
             paid
             with
             .
             u
          
           
             Lastly
             ,
             a
             mariner
             should
             neither
             be
             arrested
             nor
             taken
             forth
             of
             a
             ship
             making
             to
             saile
             ,
             for
             any
             debt
             (
             but
             onely
             his
             hire
             ,
             and
             as
             much
             other
             goods
             as
             he
             hath
             in
             the
             ship
             arrested
             therefore
             ,
             according
             to
             the
             quantitie
             of
             the
             debt
             ,
             and
             the
             master
             to
             be
             answerable
             for
             all
             :
             x
             because
             the
             ship
             is
             compared
             to
             a
             mans
             dwelling
             house
             ;
             y
             and
             by
             the
             Civill
             law
             ,
             a
             mans
             
             dwelling
             house
             is
             his
             most
             sure
             refuge
             )
             z
             except
             for
             a
             sworne
             debt
             ,
             or
             a
             penalty
             to
             the
             King
             through
             some
             crime
             .
          
        
         
           
           
             TIT.
             XII
             .
          
           
             Of
             the
             Clerke
             of
             the
             ship
             .
          
           
             IN
             ships
             of
             great
             bulk
             and
             burden
             ,
             a
             Clerke
             is
             most
             needfull
             :
             who
             being
             put
             in
             by
             men
             of
             chiefe
             power
             ,
             and
             sworne
             solemnly
             before
             some
             Iudge
             ,
             as
             the
             use
             is
             in
             Italie
             (
             or
             at
             least
             before
             owners
             and
             mariners
             )
             that
             he
             shall
             write
             nothing
             but
             the
             truth
             ,
             nor
             leave
             ought
             unwritten
             ;
             being
             ,
             I
             say
             ,
             so
             constitute
             ,
             neither
             Merchant
             nor
             mariner
             may
             
             put
             in
             or
             take
             out
             any
             thing
             of
             the
             ship
             without
             his
             knowledge
             .
             So
             that
             whatsoever
             goods
             or
             other
             thing
             shall
             happen
             through
             storme
             or
             otherwise
             ,
             to
             be
             cast
             ,
             stollen
             ,
             or
             spoyled
             ,
             that
             hath
             not
             beene
             presented
             or
             shewne
             to
             the
             Clerke
             ,
             it
             shall
             no
             way
             be
             up●set
             by
             contribution
             ,
             or
             any
             search
             made
             therefore
             .
             And
             if
             it
             come
             safe
             to
             land
             ,
             the
             Skipper
             may
             take
             what
             fraught
             he
             likes
             therefore
             .
             Also
             the
             Clerke
             may
             take
             of
             that
             which
             is
             delivered
             to
             him
             ,
             and
             sell
             thereof
             for
             the
             ships
             need
             ,
             but
             must
             satisfie
             the
             owner
             
             thereof
             :
             for
             he
             must
             be
             alwaies
             countable
             of
             his
             receits
             :
             a
             But
             howsoever
             he
             doe
             ,
             he
             may
             neither
             take
             in
             ,
             nor
             give
             forth
             goods
             by
             night
             ,
             but
             in
             day
             light
             .
             b
             
               Vide
               statuta
               Ang.
            
             
          
        
         
           
           
             TIT.
             XIII
             .
          
           
             Of
             a
             Pilot
             or
             Steirsman
             .
          
           
             IF
             a
             Master
             hire
             a
             Steirsman
             not
             only
             for
             to
             guide
             his
             ship
             in
             through
             shalds
             or
             other
             dangers
             at
             a
             time
             onely
             ,
             but
             also
             for
             a
             whole
             voyage
             ,
             and
             to
             be
             ready
             therefore
             against
             a
             certaine
             day
             ,
             and
             he
             faile
             to
             keepe
             that
             day
             ,
             he
             shall
             not
             onely
             pay
             Master
             and
             Merchants
             damage
             or
             stay
             ,
             but
             also
             the
             fraught
             that
             is
             lost
             thereby
             :
             except
             sicknes
             ,
             or
             some
             very
             
             lawfull
             excuse
             qualifie
             it
             .
             a
          
           
             A
             Steirsman
             ,
             after
             the
             time
             he
             hath
             brought
             the
             shippe
             in
             sure
             harbour
             ,
             is
             no
             further
             bound
             or
             liable
             ;
             for
             then
             should
             the
             Master
             see
             to
             her
             bed
             and
             her
             lying
             ,
             and
             beare
             all
             the
             rest
             of
             the
             burden
             ,
             charge
             ,
             and
             danger
             :
             so
             that
             if
             before
             she
             come
             into
             the
             Port
             or
             some
             safety
             ,
             eyther
             she
             or
             goods
             perish
             or
             be
             spo
             led
             ,
             the
             Pilot
             makes
             good
             the
             same
             :
             yea
             ,
             if
             his
             faul●
             or
             ignorance
             be
             so
             grosse
             ,
             that
             the
             company
             sees
             any
             manifest
             and
             present
             wracke
             to
             all
             thereby
             ,
             then
             may
             they
             leade
             him
             to
             the
             hatches
             and
             
             strike
             off
             his
             head
             .
             b
             Yea
             ,
             if
             without
             any
             seeing
             danger
             ,
             certaine
             of
             the
             skilfull'st
             mariners
             deeme
             that
             he
             is
             not
             so
             skilfull
             as
             he
             set
             himselfe
             forth
             to
             be
             ,
             then
             shall
             he
             both
             lose
             his
             hire
             ,
             and
             double
             the
             same
             to
             the
             Admirall
             and
             Master
             ,
             or
             else
             passe
             thrise
             under
             the
             ships
             keil
             .
             c
          
        
         
           
           
             TIT.
             XIV
             .
          
           
             Of
             money
             lent
             to
             Sea
             ,
             called
             Nauticum
             foenus
             .
          
           
             GReat
             is
             the
             difference
             ,
             or
             at
             least
             should
             be
             betwixt
             money
             lent
             amongst
             men
             ,
             to
             use
             on
             land
             ,
             and
             that
             money
             which
             is
             lent
             to
             Sea
             ;
             for
             this
             money
             is
             called
             
               pecunia
               Traiectitia
            
             ,
             because
             that
             upon
             the
             hazard
             of
             the
             lender
             it
             is
             carried
             over
             Sea.
             So
             that
             if
             the
             shippe
             perish
             ,
             or
             that
             all
             b●
             spoiled
             ,
             the
             money
             loses
             to
             
             the
             lender
             .
             a
             But
             on
             the
             contrary
             ,
             money
             on
             land
             is
             delivered
             on
             the
             perill
             of
             the
             borrower
             :
             so
             that
             the
             profit
             of
             this
             ,
             is
             the
             price
             of
             the
             onely
             simple
             loane
             ;
             therefore
             generally
             called
             usura
             :
             but
             the
             profit
             of
             the
             other
             loane
             is
             called
             
               usura
               maritima
            
             ,
             or
             
               soenus
               nauticum
            
             ,
             which
             is
             not
             the
             price
             of
             the
             loane
             ,
             but
             of
             the
             hazard
             and
             danger
             which
             the
             lender
             takes
             upon
             him
             during
             the
             loane
             :
             b
             which
             is
             understood
             to
             be
             to
             a
             certaine
             day
             or
             voyage
             ,
             or
             what-ever
             of
             time
             agreed
             upon
             .
             And
             therefore
             if
             the
             money
             miscarry
             ,
             
             eyther
             before
             the
             voyage
             begun
             ,
             or
             after
             the
             tearme
             appointed
             for
             the
             f●ll
             loane
             ;
             then
             the
             perill
             pertaines
             to
             the
             borrower
             thereof
             ,
             and
             not
             to
             the
             lender
             :
             c
             I
             meane
             of
             perils
             proceeding
             from
             stormes
             ,
             violence
             ,
             spoyle
             or
             such
             like
             occasions
             ,
             which
             cannot
             be
             eschued
             by
             any
             diligence
             of
             the
             borrower
             ;
             and
             therefore
             in
             case
             the
             borrower
             imploy
             the
             lent
             money
             upon
             lawfull
             goods
             ,
             or
             that
             by
             his
             defrauding
             of
             the
             due
             customes
             ,
             the
             same
             be
             confilcat
             ,
             the
             lender
             is
             freed
             of
             such
             hazards
             .
             d
             It
             is
             also
             
             to
             be
             noted
             ,
             that
             mony
             lent
             upon
             the
             Sea
             ,
             without
             hazard
             ,
             and
             yet
             with
             security
             ,
             should
             pay
             no
             profit
             ,
             suppose
             it
             were
             unbooked
             in
             the
             Clerks
             book
             with
             the
             profit
             ;
             contrary
             to
             that
             which
             is
             lent
             on
             land
             :
             e
             so
             that
             albeit
             money
             be
             lent
             within
             the
             ship
             during
             the
             voyage
             ,
             to
             the
             need
             of
             the
             company
             ;
             and
             if
             before
             the
             day
             appointed
             for
             the
             rendring
             ,
             shipwracke
             or
             spoyle
             happen
             ,
             then
             should
             the
             losse
             come
             in
             contribution
             betweene
             them
             ;
             f
             because
             if
             that
             money
             had
             been
             lying
             by
             the
             lender
             ,
             still
             unlent
             ,
             it
             had
             bin
             in
             common
             
             danger
             of
             shipwrack
             of
             spoil
             with
             the
             rest
             .
             But
             if
             the
             time
             appointed
             were
             past
             with
             the
             hazards
             aforesaid
             ,
             then
             shall
             the
             borrower
             repay
             the
             borrowed
             money
             ,
             free
             from
             all
             contribution
             .
             g
          
           
             Further
             ,
             in
             case
             the
             borrower
             deteines
             any
             such
             lent
             mony
             as
             is
             aforesaid
             ,
             beyond
             the
             terme
             appointed
             for
             the
             repaying
             ,
             he
             shall
             at
             his
             returne
             not
             onely
             pay
             the
             profit
             agreed
             upon
             before
             the
             voyage
             ,
             but
             also
             augment
             the
             same
             according
             to
             the
             greater
             time
             ,
             and
             yet
             shal
             not
             pay
             the
             profit
             of
             that
             first
             condition
             ,
             but
             onely
             after
             the
             common
             rate
             .
             h
          
        
         
           
           
             TIT.
             XV.
             
          
           
             Of
             the
             Outreaders
             ,
             or
             Outriggers
             ,
             Furnishers
             ,
             Hyrers
             ,
             and
             of
             the
             Owners
             of
             Ships
             ,
             and
             of
             actions
             for
             and
             against
             them
             .
          
           
             IT
             is
             not
             onely
             permitted
             to
             him
             who
             contracts
             with
             the
             Master
             of
             a
             ship
             ,
             or
             that
             hath
             any
             other
             action
             or
             claime
             against
             him
             as
             Master
             of
             the
             ship
             ,
             to
             pursue
             him
             ;
             but
             also
             the
             outreader
             ,
             setter
             ,
             or
             exercitor
             thereof
             ,
             as
             him
             who
             placed
             the
             Master
             ;
             and
             therefore
             
             ought
             to
             make
             good
             the
             Masters
             deed
             and
             fact
             .
             a
             This
             outreader
             we
             take
             to
             be
             him
             to
             whom
             the
             commodity
             of
             the
             ship
             b
             redounds
             ;
             so
             that
             he
             may
             lay
             his
             action
             upon
             any
             of
             them
             ;
             
               Ne
               in
               plures
               adversarios
               distrahatur
               qui
               cum
               uno
               tantum
               contraxit
               .
            
             c
          
           
             But
             the
             rest
             of
             the
             owners
             or
             outreaders
             shal
             relieve
             this
             man
             
               prorata
               ▪
            
             of
             their
             portiōs
             ;
             except
             the
             handling
             of
             the
             ship
             be
             so
             severally
             divided
             amongst
             them
             :
             or
             that
             the
             Master
             have
             not
             his
             power
             and
             commission
             of
             them
             all
             :
             d
             or
             that
             the
             master
             
             have
             obliged
             himselfe
             beyond
             his
             commission
             ;
             as
             if
             he
             have
             taken
             on
             money
             to
             mend
             the
             ship
             ,
             when
             as
             she
             needs
             it
             not
             :
             or
             that
             he
             have
             no
             commission
             at
             all
             ;
             in
             which
             case
             the
             lender
             hath
             to
             blame
             his
             owne
             folly
             :
             for
             by
             the
             common
             rule
             of
             Law
             ,
             men
             should
             know
             well
             the
             persons
             and
             their
             conditions
             ,
             with
             whom
             they
             have
             to
             bargaine
             .
             e
             And
             yet
             in
             case
             evident
             need
             be
             of
             mending
             ,
             and
             money
             be
             lent
             thereto
             ;
             suppose
             the
             Master
             should
             spend
             it
             otherwise
             ,
             yet
             ought
             the
             outreader
             to
             satisfie
             
             the
             creditor
             .
             f
             But
             above
             all
             ,
             that
             money
             which
             is
             lent
             for
             victuals
             to
             the
             ships
             company
             ,
             should
             be
             repayed
             ,
             as
             preferd
             before
             all
             other
             sort
             of
             debts
             .
             ff
             But
             a
             Merchant
             contracting
             with
             a
             Mariner
             that
             is
             not
             a
             Master
             ,
             shall
             have
             no
             action
             against
             the
             outreader
             ,
             except
             for
             a
             fault
             done
             by
             the
             Mariner
             ,
             specially
             ,
             if
             he
             hath
             beene
             hyred
             and
             put
             in
             by
             the
             outreader
             .
          
           
             Againe
             ,
             albeit
             by
             the
             common
             law
             of
             the
             Sea
             the
             outreaders
             may
             not
             pursue
             persons
             obliged
             to
             the
             Skipper
             ,
             yet
             are
             they
             permitted
             to
             
             pursue
             upon
             the
             Masters
             contract
             ,
             as
             they
             had
             bin
             contracters
             principall
             ;
             g
             because
             in
             such
             dealings
             he
             sustaines
             the
             out●●aders
             person
             :
             and
             because
             of
             the
             great
             common-wealth
             that
             is
             Procured
             by
             this
             kinde
             of
             traffique
             ,
             h
             worthily
             such
             priviledges
             to
             the
             outreaders
             and
             exercers
             of
             shipping
             are
             granted
             .
             And
             yet
             is
             not
             the
             Master
             alwaies
             bound
             to
             satisfie
             all
             counts
             to
             the
             outreaders
             :
             specially
             ,
             in
             case
             it
             happen
             some
             passengers
             to
             be
             
               Non
               solvendo
            
             ,
             the
             Master
             is
             nor
             holden
             to
             pay
             for
             them
             ,
             because
             it
             becomes
             
             not
             the
             Master
             ,
             in
             the
             acceptation
             of
             Passengers
             ,
             to
             search
             out
             so
             narrowly
             their
             meanes
             and
             ability
             .
             i
          
           
             And
             againe
             ,
             the
             outreader
             is
             not
             holden
             alwayes
             to
             answer
             for
             the
             Masters
             sloath
             ,
             but
             for
             his
             owne
             selfe
             .
             k
          
        
         
           
           
             TIT.
             XVI
             .
          
           
             Of
             sundry
             Partners
             of
             Ships
             ,
             and
             their
             discords
             .
          
           
             MOreover
             ,
             concerning
             the
             owners
             of
             the
             ship
             ,
             in
             case
             they
             cannot
             agree
             amongst
             themselves
             to
             remaine
             in
             Partnership
             ;
             seeing
             by
             the
             law
             they
             cannot
             be
             constrained
             thereunto
             :
             a
             yea
             ,
             not
             albeit
             a
             Paction
             had
             bin
             made
             never
             to
             sunder
             ;
             b
             then
             is
             there
             many
             considerations
             required
             in
             their
             sundring
             .
             And
             
             first
             ,
             if
             their
             common
             Ship
             or
             Cray
             be
             put
             in
             building
             ;
             or
             that
             she
             be
             but
             presently
             bought
             :
             in
             these
             cases
             it
             is
             thought
             convenient
             ,
             that
             she
             shall
             be
             imployed
             one
             voyage
             first
             ,
             upon
             the
             common
             outread
             and
             hazard
             ,
             before
             any
             of
             these
             Partners
             be
             heard
             to
             sunder
             &
             discharge
             their
             part
             .
             And
             after
             that
             ,
             if
             they
             cannot
             agree
             ,
             he
             who
             desires
             to
             be
             free
             ,
             should
             offer
             to
             the
             rest
             ,
             and
             set
             his
             part
             on
             such
             a
             price
             ,
             as
             hee
             will
             eyther
             hold
             or
             sell
             ,
             which
             if
             he
             will
             not
             doe
             ,
             and
             yet
             refuses
             to
             outread
             with
             the
             rest
             ,
             then
             may
             the
             rest
             rigge
             
             forth
             the
             ship
             at
             their
             owne
             charges
             ,
             and
             also
             upon
             the
             hazard
             of
             the
             wilfull
             refuser
             ,
             so
             farre
             as
             his
             part
             extends
             ,
             without
             any
             count
             to
             him
             of
             any
             deale
             or
             part
             of
             profit
             at
             her
             returne
             :
             c
             but
             they
             must
             bee
             bound
             to
             him
             to
             bring
             her
             home
             safe
             ,
             or
             the
             value
             of
             his
             part
             .
          
           
             And
             justly
             ;
             because
             that
             ,
             as
             shippes
             were
             inven●ed
             in
             common
             ,
             for
             the
             use
             of
             all
             men
             ;
             even
             of
             them
             that
             dwell
             in
             the
             mountaines
             ,
             as
             on
             the
             coasts
             of
             the
             sea
             :
             d
             so
             were
             they
             ordained
             and
             builded
             for
             sayling
             ,
             and
             not
             to
             lye
             idle
             
             and
             unoccupied
             .
             e
             But
             if
             the
             persons
             ,
             who
             have
             most
             part
             of
             the
             ship
             ,
             refuse
             to
             abide
             in
             partnership
             with
             him
             who
             hath
             a
             small
             part
             ,
             that
             neither
             hee
             can
             sell
             his
             part
             at
             that
             price
             ,
             without
             great
             losse
             ,
             nor
             yet
             is
             able
             for
             povertie
             to
             attaine
             to
             their
             parts
             ,
             then
             are
             they
             all
             bound
             to
             put
             the
             ship
             to
             an
             appraisement
             .
             f
             Otherwise
             ,
             the
             scoffe
             which
             Casselius
             ,
             a
             Romane
             lawyer
             ,
             used
             against
             two
             wilful
             partners
             of
             a
             ship
             ,
             may
             also
             be
             used
             against
             such
             :
             that
             is
             to
             say
             ,
             while
             they
             asked
             him
             by
             what
             way
             they
             might
             
             divide
             and
             part
             their
             ship
             ,
             Casselius
             answerd
             ;
             If
             ye
             divide
             her
             ,
             then
             neither
             of
             you
             shall
             have
             her
             .
             g
          
           
             And
             if
             for
             lacke
             and
             want
             of
             buyers
             in
             that
             place
             ,
             the
             poore
             partner
             can
             neither
             eschew
             the
             oppression
             of
             the
             richer
             ,
             nor
             yet
             the
             rich
             satisfie
             the
             poor
             man
             ,
             perchance
             also
             wilfull
             ;
             then
             may
             the
             Iudge
             ordinary
             deale
             and
             decree
             in
             this
             case
             ,
             as
             he
             may
             
               In
               omnibus
               alijs
               bonae
               fidei
               actionibus
               :
            
             that
             is
             to
             say
             ,
             consider
             all
             the
             circumstances
             of
             the
             persons
             ,
             their
             motions
             ,
             the
             matter
             of
             their
             debate
             ,
             with
             all
             the
             merits
             thereof
             ,
             
             and
             make
             up
             a
             full
             consideration
             of
             all
             together
             ,
             that
             every
             man
             may
             obtain
             and
             receive
             his
             own
             due
             right
             .
             h
          
        
         
           
           
             TIT.
             XVII
             .
          
           
             Of
             Casting
             of
             goods
             in
             a
             voyage
             ,
             and
             the
             like
             ;
             and
             of
             Contribution
             to
             be
             made
             therefore
             .
          
           
             COncerning
             contribution
             or
             scott
             and
             lot
             ,
             as
             we
             speake
             ,
             it
             is
             ordinary
             :
             and
             first
             ,
             it
             is
             practised
             upon
             shippes
             so
             stormestead
             that
             for
             reliefe
             of
             lives
             and
             goods
             ,
             casting
             of
             goods
             must
             be
             made
             :
             In
             that
             case
             the
             master
             shall
             consult
             with
             the
             mariners
             :
             who
             if
             they
             
             consent
             not
             ,
             &
             yet
             the
             storm
             and
             danger
             continue
             ,
             then
             may
             the
             master
             cast
             some
             goods
             notwithstanding
             :
             a
             But
             if
             the
             merchāt
             be
             present
             ,
             let
             him
             begin
             to
             cast
             ,
             b
             next
             the
             mariners
             :
             but
             if
             the
             mariner
             keep
             back
             any
             part
             that
             should
             be
             cast
             ,
             to
             his
             own
             use
             ,
             he
             shal
             render
             the
             double
             .
             c
          
           
             But
             when
             afterward
             the
             master
             shall
             come
             to
             land
             ,
             he
             must
             with
             the
             most
             part
             of
             his
             company
             sweare
             that
             he
             did
             cast
             goods
             for
             no
             other
             cause
             but
             for
             the
             safety
             of
             shippe
             ,
             goods
             ,
             and
             lives
             d
             Secondly
             ,
             when
             goods
             are
             cast
             ,
             they
             shall
             be
             
             upset
             and
             compensed
             by
             a
             contribution
             of
             Ship
             and
             such
             goods
             as
             are
             safe
             thereby
             :
             e
             and
             not
             onely
             of
             goods
             paying
             fraught
             and
             burdensome
             ,
             but
             of
             cloathing
             ,
             money
             ,
             jewels
             ,
             and
             such
             like
             ,
             f
             which
             are
             not
             weighty
             .
          
           
             For
             ,
             it
             is
             most
             righteous
             ,
             that
             the
             losse
             be
             common
             to
             all
             things
             which
             are
             safe
             thereby
             .
             g
             Except
             things
             borne
             upon
             a
             mans
             body
             ,
             victuals
             and
             such
             like
             ,
             put
             in
             ship
             to
             be
             spended
             ,
             and
             therfore
             should
             not
             scott
             and
             lott
             ,
             with
             other
             goods
             :
             in
             so
             much
             ,
             that
             when
             they
             become
             
             scant
             and
             wanting
             ,
             each
             man
             is
             bound
             to
             communicate
             the
             same
             one
             to
             other
             .
             h
          
           
             But
             here
             it
             may
             be
             asked
             ,
             whether
             yet
             should
             all
             kinde
             of
             cast
             goods
             ,
             be
             up-set
             and
             made
             good
             by
             contribution
             ,
             as
             for
             example
             ,
             the
             goods
             transported
             above
             the
             overlap
             ,
             and
             goods
             forbidden
             to
             be
             transported
             i
             Sure
             ,
             if
             such
             goods
             happen
             to
             be
             the
             cause
             of
             any
             scathe
             and
             danger
             ,
             the
             master
             who
             received
             the
             same
             within
             his
             ship
             ,
             shall
             beare
             the
             losse
             and
             also
             be
             criminally
             pursued
             therefore
             .
             k
          
           
           
             But
             if
             goods
             unadvisedly
             ,
             without
             consent
             of
             the
             owner
             thereof
             ,
             be
             cast
             out
             ,
             on
             the
             sudden
             ;
             then
             may
             he
             himselfe
             upon
             his
             conscience
             esteeme
             his
             owne
             goods
             to
             the
             just
             worth
             ,
             because
             the
             company
             hath
             that
             way
             by
             their
             rash
             dealing
             ,
             lost
             the
             priviledge
             they
             had
             to
             estimate
             that
             goods
             .
             l
          
           
             In
             like
             manner
             the
             ship
             geare
             and
             apparell
             wracked
             by
             storme
             ,
             imports
             no
             more
             contribution
             ,
             then
             if
             a
             workman
             breake
             or
             spoyle
             his
             work-tooles
             ,
             or
             instruments
             in
             his
             ordinary
             work
             ,
             m
             except
             in
             the
             avoyding
             of
             a
             
             danger
             ,
             as
             the
             helving
             the
             maste
             over-boord
             ,
             n
             or
             the
             slipping
             of
             a
             Tow-anchor
             or
             boate
             upon
             just
             fea●●
             ,
             or
             at
             the
             desire
             of
             the
             Mercha●ts
             .
             o
             But
             that
             should
             be
             alwayes
             proved
             by
             the
             oaths
             of
             the
             ship-men
             :
             for
             concerning
             all
             facts
             within
             house
             or
             ship
             ,
             credit
             must
             be
             given
             to
             the
             domesticks
             and
             company
             familiar
             .
             p
             Also
             if
             goods
             be
             put
             in
             without
             the
             master
             and
             clerks
             knowledge
             ;
             if
             they
             be
             cast
             ,
             they
             shall
             have
             no
             contribution
             .
             q
          
        
         
           
           
             TIT.
             18.
             
          
           
             Of
             contribution
             for
             Pirates
             .
          
           
             IF
             ship
             or
             goods
             be
             redeemed
             from
             a
             Pirate
             ,
             contribution
             shall
             be
             made
             therefore
             ,
             by
             all
             ;
             because
             the
             redemption
             is
             made
             for
             the
             safety
             of
             all
             .
             But
             if
             the
             Pirate
             be
             once
             Master
             of
             all
             ,
             and
             yet
             take
             but
             some
             speciall
             goods
             ,
             whether
             from
             ship
             or
             Merchant
             ,
             and
             not
             as
             a
             contentation
             for
             the
             sparing
             of
             the
             rest
             ,
             it
             should
             appeare
             in
             this
             
             case
             ,
             that
             seeing
             the
             remnant
             is
             not
             safe
             hereby
             ,
             but
             freely
             spared
             ,
             that
             no
             contribution
             should
             be
             made
             for
             the
             taken
             goods
             .
             For
             oftentimes
             Pirats
             take
             but
             things
             at
             their
             pleasure
             ,
             and
             not
             of
             minde
             to
             spoyle
             .
             a
             Yet
             now
             adayes
             because
             this
             chance
             of
             taking
             at
             pleasure
             ,
             concernes
             (
             in
             common
             judgement
             )
             the
             rest
             of
             the
             goods
             as
             subject
             to
             that
             same
             pleasure
             of
             the
             Pirat
             ;
             therefore
             should
             it
             be
             also
             in
             common
             upset
             by
             all
             to
             whom
             that
             chance
             is
             common
             .
          
        
         
           
           
             TIT.
             XIX
             .
          
           
             Of
             contribution
             for
             spoyled
             and
             spilt
             goods
             .
          
           
             IF
             through
             the
             losing
             of
             any
             cast
             goods
             ,
             or
             upon
             any
             needfull
             occasion
             ,
             the
             remaining
             goods
             be
             spoyled
             either
             with
             wet
             ,
             or
             otherwayes
             ;
             a
             contribution
             shall
             be
             made
             ,
             proportionable
             for
             so
             much
             as
             they
             are
             made
             worse
             .
             a
          
        
         
           
           
             TIT.
             XX.
             
          
           
             Of
             contribution
             for
             lightning
             and
             disburdening
             of
             ships
             for
             their
             easier
             entry
             to
             the
             Port
             ,
             and
             for
             other
             chances
             .
          
           
             IF
             it
             be
             needfull
             to
             lighten
             a
             ship
             of
             her
             burden
             ,
             for
             her
             easier
             entry
             to
             Port
             or
             channell
             ,
             the
             two
             parts
             of
             the
             losse
             fall
             upon
             the
             goods
             ,
             and
             the
             third
             part
             on
             the
             ship
             ;
             except
             that
             the
             shippe
             surpasse
             in
             worth
             the
             loading
             ,
             or
             that
             the
             charge
             of
             goods
             bee
             not
             
             the
             cause
             of
             her
             inability
             to
             enter
             ,
             but
             some
             bad
             quality
             proceeding
             of
             the
             ship
             it selfe
             :
             a
             Or
             that
             otherwayes
             it
             be
             provided
             in
             the
             charter-partie
             ,
             that
             the
             goods
             shall
             be
             fully
             delivered
             at
             the
             Port
             covenanted
             and
             appointed
             ;
             for
             then
             condition
             makes
             law
             :
             b
             In
             which
             case
             it
             is
             to
             be
             also
             observed
             ,
             that
             if
             by
             occasion
             of
             lightning
             ,
             the
             goods
             which
             are
             put
             in
             the
             boat
             or
             Lighter
             ,
             perish
             ,
             the
             ship
             and
             remaining
             goods
             in
             ship
             shall
             upset
             the
             same
             .
             But
             on
             the
             contrary
             ,
             if
             the
             ship
             and
             remaining
             goods
             perish
             after
             the
             Lighter
             is
             
             once
             safe
             ,
             no
             contribution
             shall
             be
             set
             upon
             the
             goods
             in
             the
             Lighter
             :
             because
             the
             rule
             is
             constant
             ,
             that
             onely
             then
             should
             goods
             be
             liable
             to
             contributions
             ,
             when
             ship
             and
             goods
             come
             safe
             to
             Port.
             
             c
          
           
             Item
             ,
             contribution
             should
             be
             for
             the
             Pilots
             fee
             ,
             that
             is
             taken
             in
             to
             guide
             her
             into
             an
             unknowne
             Port
             ;
             d
             as
             also
             to
             raise
             the
             Ship
             off
             ground
             when
             the
             fault
             is
             not
             in
             the
             Master
             .
             e
          
           
             Even
             so
             if
             two
             ships
             rush
             and
             crosse
             one
             over
             another
             ,
             and
             the
             company
             sweare
             their
             innocencie
             ,
             as
             that
             it
             lay
             not
             in
             their
             power
             to
             stay
             
             the
             same
             ,
             contribution
             must
             be
             made
             for
             one
             equall
             upset
             of
             both
             their
             losses
             .
             f
             But
             not
             so
             if
             one
             of
             them
             perish
             ;
             because
             of
             that
             mishap
             ,
             there
             can
             be
             no
             due
             proportion
             of
             the
             losse
             :
             for
             if
             it
             were
             otherwise
             ,
             a
             malitious
             Skipper
             ,
             might
             of
             purpose
             set
             an
             old
             weake
             ship
             against
             a
             strong
             ship
             ,
             in
             hope
             of
             some
             upset
             and
             recompence
             .
             And
             yet
             for
             redresse
             of
             the
             lost
             shippe
             ,
             an
             action
             may
             be
             to
             the
             owner
             ,
             against
             the
             negligent
             Master
             ,
             or
             the
             Mariner
             who
             losed
             her
             ,
             or
             cut
             her
             cable
             :
             g
             which
             action
             is
             called
             
               Legis
               Aquiliae
            
             ,
             for
             
             dammage
             and
             scathe
             done
             .
             And
             therefore
             if
             such
             a
             chance
             befall
             in
             the
             day
             light
             ,
             by
             a
             ship
             under
             saile
             against
             a
             ship
             riding
             at
             anchor
             ,
             then
             the
             Master
             of
             that
             sailing
             ship
             ,
             shall
             make
             good
             the
             dammage
             or
             scathe
             of
             the
             other
             ,
             to
             the
             extremity
             :
             and
             the
             like
             shall
             be
             done
             ,
             if
             in
             the
             night
             the
             riding
             ship
             hold
             fire
             and
             light
             forth
             ,
             or
             make
             any
             crying
             to
             forewarn
             the
             other
             .
          
           
             It
             also
             pertaines
             to
             this
             argument
             ,
             h
             if
             some
             sort
             of
             goods
             ,
             as
             salt
             ,
             or
             corne
             ,
             be
             laid
             on
             heap
             by
             divers
             partners
             ,
             into
             a
             shippe
             without
             
             distinction
             ,
             and
             that
             the
             Master
             deliver
             to
             any
             of
             them
             their
             due
             measure
             ,
             and
             before
             the
             rest
             receive
             their
             measures
             ,
             the
             remaining
             salt
             or
             corne
             ,
             washes
             or
             looses
             ,
             he
             that
             had
             the
             good
             luck
             to
             be
             first
             served
             ,
             enjoyes
             it
             fully
             without
             any
             contribution
             to
             the
             rest
             of
             the
             partners
             :
             (
             i
             )
             because
             when
             this
             goods
             was
             put
             into
             the
             ship
             ,
             it
             was
             delivered
             to
             the
             master
             ,
             
               tanquam
               in
               creditum
            
             ;
             and
             so
             he
             is
             become
             owner
             ,
             as
             of
             lent
             money
             :
             which
             men
             are
             not
             holden
             to
             render
             in
             the
             selfe
             same
             pieces
             ,
             but
             in
             value
             or
             such
             like
             coyne
             ;
             k
             except
             l
             
             there
             be
             some
             other
             condition
             past
             before
             :
             which
             in
             all
             affaires
             maketh
             law
             .
             Neither
             can
             this
             be
             imputed
             for
             any
             fault
             to
             the
             master
             ,
             because
             of
             necessity
             he
             behooveth
             to
             make
             delivery
             to
             one
             ,
             first
             ,
             before
             another
             .
             m
          
        
         
           
           
             TIT.
             XXI
             .
          
           
             Of
             the
             common
             manner
             of
             contribution
             ,
             and
             execution
             thereof
             .
          
           
             IN
             setting
             of
             contribution
             or
             rates
             ,
             things
             must
             be
             estimate
             in
             manner
             following
             .
          
           
             First
             ,
             the
             goods
             cast
             ,
             spoiled
             ,
             or
             reft
             ;
             to
             the
             price
             they
             cost
             ,
             if
             their
             chances
             did
             happen
             before
             midde
             voyage
             :
             but
             if
             after
             the
             midde
             voyage
             ,
             then
             to
             the
             price
             ,
             the
             rest
             of
             the
             same
             goods
             attaine
             
             to
             at
             the
             market
             ;
             because
             there
             is
             here
             a
             consideration
             ,
             rather
             of
             losse
             and
             scathe
             than
             of
             any
             gaine
             .
             a
             And
             because
             domage
             and
             losse
             should
             be
             drawne
             as
             it
             were
             in
             streite
             ,
             and
             gaine
             and
             vantage
             spredde
             forth
             and
             extend
             ,
             according
             to
             Harmenopolus
             sentence
             ;
             spoyled
             and
             lost
             goods
             should
             bee
             set
             to
             the
             common
             worth
             ,
             and
             not
             after
             mens
             affections
             :
             b
             except
             onely
             in
             goods
             unadvisedly
             cast
             :
             wherein
             for
             the
             correction
             of
             the
             rashnesse
             of
             the
             casters
             (
             as
             who
             thereby
             appeare
             to
             have
             amitted
             
             their
             owne
             priuiledge
             )
             the
             estimation
             of
             the
             goods
             is
             permitted
             to
             the
             conscience
             of
             the
             Merchant
             or
             owner
             therof
             .
             (
             c
             
               Vide
               supratit
            
             .
             17.
             
          
           
             Secondly
             ,
             concerning
             the
             Persons
             ,
             whose
             losses
             are
             under
             contribution
             ,
             he
             should
             first
             deale
             with
             the
             master
             ,
             to
             retaine
             all
             the
             same
             goods
             on
             the
             bottome
             of
             the
             ship
             ,
             in
             his
             keeping
             ,
             untill
             the
             rate
             be
             set
             and
             executed
             :
             d
             or
             else
             may
             omit
             all
             other
             persons
             ,
             and
             pursue
             the
             Skipper
             
               ex
               conducto
            
             :
             which
             also
             ceases
             ,
             if
             the
             cast
             goods
             be
             found
             againe
             .
             e
          
           
             Lastly
             ,
             concerning
             the
             
             Master
             of
             the
             Ship
             his
             priviledge
             ,
             it
             is
             not
             onely
             upon
             the
             detinew
             ,
             and
             keeping
             of
             the
             goods
             and
             geere
             brought
             within
             his
             ship
             ,
             which
             are
             thought
             as
             by
             a
             privie
             band
             to
             be
             obliged
             and
             given
             him
             in
             pledge
             for
             the
             fraught
             ,
             by
             common
             consent
             of
             lawyers
             ,
             but
             also
             for
             the
             due
             and
             timely
             satisfaction
             of
             such
             contributions
             ;
             because
             the
             imposed
             taxation
             ,
             as
             likewise
             the
             fraught
             ,
             is
             thought
             to
             sticke
             firmely
             to
             the
             said
             goods
             :
             and
             therefore
             the
             Master
             may
             hold
             his
             hand
             thereon
             ,
             untill
             satisfaction
             be
             made
             ,
             f
             albeit
             that
             commonly
             
             the
             with-holding
             of
             other
             mens
             good
             be
             not
             allowed
             .
             g
          
        
         
           
           
             TIT.
             XXII
             .
          
           
             Of
             priviledged
             ships
             .
          
           
             SHips
             or
             boats
             serving
             the
             Country
             ,
             or
             the
             Prince
             ,
             have
             great
             prerogatives
             .
             For
             first
             they
             goe
             free
             from
             all
             Imposts
             ,
             Customs
             ,
             and
             Arrestments
             ,
             a
             not
             onely
             in
             forth-going
             ,
             but
             also
             in
             their
             returne
             ,
             according
             to
             Fredericke
             the
             Emperour
             his
             constitution
             .
             b
             Yet
             if
             a
             Skipper
             serving
             the
             Prince
             or
             Countrey
             ,
             wilfully
             falles
             on
             coastes
             and
             by-courses
             
             where
             he
             should
             not
             ,
             to
             their
             hurt
             and
             hinderance
             ,
             he
             merits
             death
             :
             c
             and
             the
             commanders
             or
             officers
             in
             chiefe
             parts
             ,
             who
             wittingly
             suffer
             such
             Skippers
             to
             lye
             and
             slugger
             ,
             incurre
             a
             forfeiture
             of
             all
             their
             goods
             .
             d
          
           
             And
             if
             any
             man
             shal
             force
             the
             Skipper
             of
             these
             or
             any
             other
             ships
             to
             take
             in
             more
             than
             his
             just
             charge
             ,
             not
             onely
             should
             he
             upset
             all
             hurt
             and
             losse
             ,
             but
             also
             be
             publikely
             punished
             .
             e
          
           
             And
             as
             these
             are
             the
             conditions
             of
             ships
             serving
             the
             Prince
             ;
             so
             is
             it
             to
             be
             knowne
             that
             all
             sorts
             of
             ships
             are
             subject
             
             to
             this
             service
             ,
             upon
             command
             :
             f
             otherwise
             in
             case
             they
             refuse
             ,
             their
             ships
             shall
             be
             confiscat
             ,
             except
             they
             report
             a
             testimony
             from
             the
             Admirall
             of
             very
             lawfull
             excuse
             g
          
           
             Yea
             ,
             further
             is
             to
             be
             noted
             ,
             that
             Masters
             of
             ships
             and
             Ferriers
             once
             so
             professed
             ,
             are
             bound
             to
             serve
             as
             well
             subjects
             in
             common
             ,
             as
             the
             Prince
             ;
             h
             except
             they
             have
             left
             the
             trade
             ,
             or
             be
             under
             a
             safe
             conduct
             ,
             or
             have
             taken
             in
             moe
             ,
             then
             they
             can
             well
             carry
             a
             ship-board
             .
             i
          
           
             And
             this
             is
             a
             common
             priviledge
             to
             all
             sort
             of
             loaded
             
             and
             burdened
             ships
             ,
             to
             have
             the
             neerest
             place
             to
             the
             shore
             ,
             for
             their
             discharge
             and
             unloading
             ;
             and
             therefore
             the
             ships
             lightened
             ,
             to
             give
             them
             place
             .
             k
          
           
             Lastly
             ,
             even
             the
             persons
             who
             build
             ,
             purchase
             ,
             or
             dresse
             shippes
             expresly
             for
             a
             common-wealth
             to
             their
             .
             Country
             ,
             are
             accounted
             amongst
             the
             priviledged
             :
             l
             yea
             the
             frequenters
             of
             sayling
             are
             also
             priviledged
             in
             all
             Courts
             .
             m
          
        
         
           
           
             TIT.
             XXIII
             .
          
           
             Concerning
             Shipwracke
             .
          
           
             STrangers
             incurring
             shipwracke
             in
             Scotland
             ,
             should
             have
             the
             same
             favour
             of
             us
             that
             we
             use
             to
             receive
             of
             them
             in
             the
             like
             case
             ;
             a
             so
             that
             no
             confiscation
             should
             be
             used
             against
             them
             ,
             except
             they
             use
             to
             doe
             so
             to
             us
             ,
             or
             that
             they
             be
             very
             Pirats
             ,
             or
             enemies
             to
             Christianity
             :
             b
             otherwise
             ,
             who
             steals
             any
             such
             miserable
             goods
             ,
             
             shall
             pay
             foure-fold
             to
             the
             owner
             ,
             if
             he
             be
             pursued
             within
             a
             yeere
             and
             a
             day
             ;
             c
             and
             as
             much
             to
             the
             Prince
             or
             his
             Admirall
             :
             yea
             ,
             the
             onely
             stealing
             of
             a
             naile
             ,
             or
             the
             worth
             thereof
             ,
             maketh
             the
             thiefe
             guilty
             of
             all
             ,
             to
             the
             rendring
             of
             all
             the
             remaining
             goods
             .
             d
          
           
             Yea
             ,
             by
             the
             Emperour
             Antonius
             his
             ordinance
             ,
             this
             thiefe
             or
             robber
             of
             such
             goods
             should
             be
             battoned
             ,
             and
             banisht
             for
             three
             yeares
             ,
             if
             he
             be
             of
             any
             honest
             ranke
             ;
             but
             if
             he
             be
             base
             of
             condition
             ,
             should
             be
             sent
             scourged
             to
             the
             Gallies
             or
             metall
             
             mines
             .
             e
          
           
             And
             if
             any
             man
             should
             be
             so
             cruelly
             wicked
             ,
             as
             to
             hinder
             the
             ship-broken
             men
             from
             helpe
             in
             danger
             ,
             hee
             shall
             be
             recounted
             for
             a
             murtherer
             .
             f
          
           
             And
             therefore
             may
             no
             man
             hinder
             ships
             from
             forthlaying
             of
             Tews
             &
             Anchors
             upon
             land
             :
             *
             as
             was
             decided
             betwixt
             Couper
             and
             
               Seagy
               ,
               Anno
               1498.
               mense
               Iulij
               ,
            
             g
          
           
             In
             like
             manner
             ,
             if
             any
             man
             should
             be
             so
             accursed
             as
             to
             hold
             forth
             a
             Lanterne
             in
             the
             night
             ,
             of
             intention
             to
             draw
             on
             ships
             to
             a
             danger
             ,
             in
             place
             of
             a
             good
             port
             or
             harbour
             
             or
             safe
             roade
             ,
             that
             wicked
             person
             should
             be
             punished
             to
             the
             death
             .
             h
          
           
             Yea
             ,
             though
             no
             harme
             happen
             ,
             yet
             may
             the
             Admirall
             punish
             him
             at
             his
             pleasure
             :
             i
             And
             therefore
             even
             Fishers
             are
             forbidden
             to
             fish
             with
             light
             in
             the
             night
             ,
             lest
             that
             Sailers
             thereby
             be
             deceined
             with
             the
             false
             shew
             of
             an
             harbour
             .
             ii
          
           
             But
             for
             the
             better
             eschuing
             of
             these
             cruell
             evils
             ,
             Hadrian
             the
             Emperour
             ordained
             ,
             that
             all
             men
             having
             possessions
             on
             the
             coasts
             ,
             should
             attend
             carefully
             upon
             such
             chances
             ;
             otherwise
             ,
             to
             be
             
             answerable
             for
             al
             things
             missing
             by
             stealth
             or
             robbery
             .
             k
          
           
             Item
             ,
             if
             no
             man
             in
             due
             time
             claime
             such
             a
             wracke
             ,
             it
             fell
             of
             old
             to
             the
             Prince
             his
             customers
             ,
             according
             to
             that
             of
             Hermogenes
             and
             Fortunatianus
             ,
             l
             
               Naufragia
               ad
               publicanos
               pertinento
            
             ;
             but
             now-adayes
             to
             the
             Admirall
             ,
             by
             the
             Princes
             graunt
             .
          
           
             But
             concerning
             the
             action
             for
             shipwracke
             ,
             it
             should
             be
             intended
             within
             a
             yeere
             and
             a
             day
             ,
             m
             and
             sped
             by
             the
             Iudge
             within
             two
             yeere
             .
             n
          
           
             Where
             it
             is
             to
             be
             marked
             ,
             that
             if
             the
             shippe
             onely
             perish
             and
             the
             goods
             are
             safe
             ,
             in
             
             that
             case
             the
             goods
             shall
             pay
             the
             fift
             or
             the
             tenth
             penny
             ;
             according
             to
             the
             easie
             or
             difficult
             winning
             and
             saving
             of
             the
             said
             goods
             ;
             o
             for
             gold
             ,
             silk
             ,
             silver
             ,
             &
             such
             like
             things
             of
             easie
             transportation
             ,
             should
             pay
             lesse
             than
             goods
             of
             greater
             weight
             and
             difficult
             transporting
             ,
             as
             being
             in
             greater
             hazard
             :
             p
             except
             the
             Skipper
             carry-in
             his
             ship
             to
             a
             port
             or
             part
             where
             hee
             should
             not
             ,
             nor
             the
             Merchant
             would
             not
             ;
             for
             then
             is
             the
             Merchant
             free
             of
             all
             the
             Skippers
             losse
             ,
             q
             and
             no
             way
             should
             upset
             the
             spoyled
             or
             broken
             ship
             .
             r
          
           
           
             But
             in
             cases
             of
             wracke
             ,
             the
             lawes
             of
             England
             are
             also
             to
             be
             seene
             :
             as
             ,
             
               Westm.
               1.
               3.
               
               E.
               1.
               vid.
               praerog
               .
               regis
            
             12.
             
          
        
         
           
           
             TIT.
             XXIV
             .
          
           
             Of
             things
             found
             upon
             the
             Sea
             ,
             or
             within
             the
             floud-marke
             .
          
           
             SHips
             ,
             goods
             ,
             or
             geare
             ,
             or
             whatsoever
             other
             things
             found
             within
             the
             Sea
             or
             floud
             thereof
             ,
             are
             of
             three
             sorts
             :
             as
             ,
             either
             found
             on
             the
             streame
             floting
             ,
             and
             then
             are
             called
             Floatson
             :
             or
             found
             on
             the
             Sea
             bottom
             ,
             and
             drawne
             up
             from
             the
             same
             by
             Doukers
             and
             other
             meanes
             ;
             and
             then
             are
             called
             Lagon
             :
             
             or
             found
             on
             land
             ,
             but
             within
             the
             Sea-floud
             ,
             as
             cast
             forth
             there
             by
             storme
             and
             the
             water
             ;
             and
             then
             are
             called
             Ierson
             .
          
           
             Concerning
             Floatson
             and
             Ie●son
             ,
             whether
             things
             be
             cast
             up
             by
             shipwrack
             ,
             or
             else
             left
             as
             lost
             through
             casting
             in
             stormes
             ,
             the
             finders
             thereof
             ,
             as
             some
             Lawyers
             thinke
             ,
             a
             should
             doe
             therewith
             ,
             as
             with
             other
             goods
             found
             upō
             land
             :
             that
             is
             ,
             to
             proclaime
             the
             same
             to
             be
             forth-comming
             to
             the
             just
             owner
             ;
             because
             the
             loser
             or
             ●ynner
             of
             such
             goods
             remaineth
             still
             owner
             and
             proprietar
             thereof
             :
             b
             
             and
             if
             no
             man
             claime
             ,
             the
             finder
             to
             keepe
             it
             to
             himselfe
             if
             he
             be
             poore
             .
             c
             But
             according
             to
             the
             old
             Rhodian
             law
             ,
             whether
             the
             finder
             be
             rich
             or
             poore
             ,
             he
             may
             claime
             or
             rather
             retaine
             the
             fift
             part
             ,
             for
             the
             safe
             keeping
             d
             If
             a
             Douker
             finde
             drowned
             goods
             upon
             eight
             cubits
             deepe
             ,
             hee
             gaines
             the
             third
             part
             ;
             and
             if
             on
             fifteene
             cubits
             ,
             then
             he
             obtaines
             the
             halfe
             ;
             but
             upon
             one
             cubite
             ,
             onely
             the
             tenth
             part
             .
             e
          
           
             Yet
             if
             the
             finder
             be
             rich
             ,
             and
             hath
             found
             goods
             by
             chance
             ,
             hee
             should
             rather
             give
             it
             to
             the
             Church
             or
             
             poore
             ,
             as
             some
             say
             .
             f
          
           
             But
             now-adayes
             this
             goeth
             farre
             otherwise
             ;
             first
             ,
             because
             persons
             endued
             with
             the
             superiority
             or
             signiory
             of
             any
             part
             of
             the
             Sea-coast
             ,
             do
             claime
             all
             or
             a
             part
             of
             these
             things
             ,
             whether
             cast
             forth
             of
             ships
             ,
             or
             otherwise
             comming
             upon
             their
             land
             ,
             g
             which
             otherwise
             before
             was
             allowed
             to
             the
             finder
             :
             h
          
           
             Even
             so
             ,
             when
             shippes
             or
             boats
             were
             found
             on
             the
             sea
             ,
             or
             at
             the
             coast
             thereof
             ,
             without
             any
             living
             creature
             therin
             ,
             and
             no
             man
             claiming
             the
             same
             for
             the
             space
             of
             a
             yeere
             and
             a
             day
             ,
             then
             was
             the
             halfe
             
             allowed
             to
             the
             finder
             ,
             and
             the
             remanent
             to
             the
             Prince
             ,
             as
             a
             derelict
             :
             i
             but
             since
             the
             erection
             and
             constitution
             of
             Admiralls
             ,
             this
             kinde
             of
             found
             goods
             are
             diversly
             par●ed
             ;
             for
             in
             France
             ,
             the
             King
             ,
             draweth
             a
             third
             ,
             the
             Admirall
             a
             third
             ,
             and
             the
             finder
             a
             third
             .
             k
             And
             of
             old
             ,
             in
             England
             ,
             although
             such
             things
             were
             divided
             twixt
             the
             Admirall
             and
             the
             finder
             ,
             l
             yet
             now
             they
             are
             left
             to
             the
             arbitrement
             of
             both
             Admirals
             in
             England
             and
             Scotland
             ,
             to
             consider
             the
             finder
             or
             taker
             with
             a
             condigne
             portion
             ,
             for
             his
             travels
             ,
             
             charges
             ,
             and
             hazard
             in
             all
             circumstances
             ;
             m
             even
             with
             the
             halfe
             at
             least
             ,
             according
             to
             that
             which
             Tryphonius
             sets
             downe
             ,
             concerning
             things
             found
             on
             land
             .
             n
             Yet
             ,
             if
             the
             finder
             conceale
             such
             goods
             ,
             whether
             anchors
             ,
             timber
             ,
             jewels
             ,
             dead-men
             with
             money
             or
             jewels
             about
             them
             ,
             &c.
             he
             not
             onely
             loseth
             his
             just
             part
             ,
             but
             may
             be
             also
             fined
             at
             the
             will
             of
             the
             Admirall
             .
             o
             And
             thus
             farre
             concerning
             things
             found
             by
             the
             labour
             and
             travels
             of
             men
             .
          
           
             If
             Whales
             ,
             great
             grosse
             fishes
             ,
             ships
             ,
             or
             boats
             ,
             without
             
             any
             living
             in
             them
             ,
             by
             force
             of
             winde
             and
             waves
             onely
             ,
             be
             driven
             to
             any
             coast
             or
             land
             ,
             then
             all
             and
             whole
             appertaines
             to
             the
             Admirall
             :
             and
             so
             generally
             ,
             all
             casualties
             whatsoever
             .
             p
          
        
         
           
           
             TIT.
             XXV
             .
          
           
             Of
             things
             taken
             upon
             Sea.
             
          
           
             NOw
             followeth
             to
             treat
             of
             goods
             taken
             upon
             Sea
             ;
             which
             are
             of
             three
             sorts
             :
             for
             either
             they
             are
             taken
             from
             Pirats
             ,
             and
             sea-thiefes
             ;
             or
             from
             professed
             enemies
             in
             lawfull
             warfare
             ;
             or
             from
             such
             as
             not
             professing
             open
             warre
             ,
             allowes
             taking
             reft
             to
             be
             exercised
             against
             us
             .
             Which
             kinde
             of
             taking
             ,
             is
             covered
             with
             the
             
             title
             of
             letters
             of
             Marque
             ,
             called
             
               Ius
               represaliarum
            
             .
          
           
             And
             first
             ,
             touching
             that
             which
             is
             taken
             from
             Pirats
             ,
             sith
             the
             goods
             which
             they
             have
             wrongfully
             taken
             from
             others
             ,
             whether
             they
             be
             found
             in
             their
             owne
             ,
             or
             in
             their
             successors
             possession
             ,
             are
             esteemed
             to
             bee
             a
             just
             prey
             to
             any
             taker
             ,
             so
             that
             account
             be
             made
             thereof
             to
             the
             Admirall
             :
             in
             case
             the
             taker
             finde
             the
             goods
             of
             his
             country
             man
             or
             friend
             with
             the
             Pirat
             ,
             hee
             should
             make
             the
             same
             forth-comming
             to
             the
             just
             owner
             claiming
             the
             same
             ;
             his
             cost
             ,
             charges
             and
             
             hazard
             ,
             being
             alwaies
             considered
             and
             allowed
             ;
             a
             so
             that
             if
             any
             man
             buy
             or
             redeeme
             his
             neighbours
             ship
             from
             a
             Pirat
             or
             enemy
             ,
             hee
             must
             receive
             the
             price
             thereof
             from
             the
             owner
             .
             b
             But
             if
             no
             man
             claime
             the
             goods
             taken
             from
             a
             Pirat
             ,
             then
             should
             the
             same
             be
             delivered
             to
             the
             Admirall
             ,
             who
             ought
             to
             consider
             the
             taker
             with
             his
             due
             part
             thereof
             .
          
           
             If
             a
             ship
             or
             goods
             be
             taken
             by
             a
             professed
             enemy
             ,
             who
             hath
             not
             brought
             it
             
               in
               praesidia
               vel
               locum
               tutum
            
             ,
             for
             the
             making
             of
             a
             prescription
             ;
             or
             a
             right
             ,
             and
             afterward
             
             the
             same
             is
             taken
             back
             ,
             and
             recovered
             by
             any
             friend
             ,
             and
             the
             just
             owner
             claime
             the
             same
             ,
             it
             ought
             to
             be
             restored
             to
             the
             owner
             ;
             for
             that
             by
             the
             law
             ,
             
               Huiusmodi
               res
               non
               tam
               capta
               quàm
               recepta
               intelligitur
               .
            
             c
             But
             when
             such
             goods
             become
             a
             just
             and
             lawfull
             prize
             to
             the
             taker
             ,
             then
             should
             the
             Admirall
             have
             a
             tenth
             part
             :
             for
             so
             of
             old
             ,
             the
             tenth
             part
             of
             lawfull
             spoile
             ,
             was
             offered
             to
             God
             ,
             in
             a
             manner
             ;
             as
             we
             may
             learne
             by
             that
             which
             Abraham
             returning
             from
             victory
             over
             five
             Kings
             ,
             offered
             to
             Melchisedeck
             :
             d
             and
             the
             remnant
             
             of
             the
             spoile
             should
             be
             proportionally
             divided
             amongst
             the
             takers
             ,
             according
             to
             the
             law
             of
             God
             ,
             set
             downe
             by
             Moses
             ,
             e
             and
             practised
             by
             King
             David
             ;
             f
             and
             yet
             not
             onely
             amongst
             severall
             persons
             ,
             according
             to
             every
             man
             his
             proved
             travell
             and
             hazard
             .
             g
             So
             that
             the
             ship
             that
             sets
             no
             saile
             ,
             fights
             not
             ,
             nor
             hazards
             not
             with
             the
             rest
             ,
             should
             have
             no
             part
             with
             the
             rest
             ,
             thereof
             .
             h
             Provided
             alwaies
             ,
             that
             first
             and
             formost
             ,
             the
             prisoners
             ,
             captives
             ,
             and
             taken
             goods
             of
             preyes
             ,
             be
             in
             due
             time
             presented
             to
             the
             
             Captaine
             ,
             to
             be
             disposed
             by
             the
             Admirall
             :
             so
             that
             if
             any
             man
             breake
             bulk
             ,
             meddle
             ,
             or
             dispose
             of
             any
             of
             those
             goods
             before
             ,
             he
             may
             be
             punished
             ,
             and
             the
             receiver
             or
             buyer
             prisoned
             ,
             untill
             caution
             bee
             found
             ,
             that
             these
             goods
             shall
             be
             forth-comming
             to
             the
             Admirall
             ,
             and
             just
             owner
             ,
             according
             to
             a
             decision
             past
             betwixt
             the
             King
             of
             Scotland
             and
             
               Maubray
               ,
               Anno
            
             1487.
             17.
             
             Iunij
             .
             i
          
           
             If
             two
             forraine
             Nations
             be
             at
             warre
             ,
             and
             the
             one
             take
             a
             shippe
             from
             the
             other
             ,
             and
             bring
             her
             into
             a
             Port
             or
             road
             within
             the
             bounds
             of
             a
             
             neutrall
             Nation
             ,
             alike
             friend
             to
             both
             ,
             then
             may
             the
             Admirall
             of
             that
             neutrall
             Nation
             ordaine
             that
             ship
             so
             taken
             and
             brought
             within
             the
             said
             bounds
             ,
             to
             be
             restored
             to
             her
             owner
             ;
             and
             the
             persons
             captives
             ,
             to
             their
             former
             liberty
             ,
             even
             as
             if
             she
             had
             beene
             brought
             backe
             to
             her
             owne
             Port
             and
             Countrey
             againe
             .
             k
          
           
             Besides
             that
             ,
             generally
             in
             all
             cases
             ,
             the
             action
             and
             cause
             of
             liberty
             ,
             as
             priviledged
             ,
             should
             be
             favourably
             considered
             :
             l
             and
             it
             is
             the
             honourable
             practice
             of
             Princes
             ,
             to
             make
             their
             Countreyes
             an
             
             Asylum
             ,
             or
             sanctuary
             ,
             to
             all
             distressed
             strangers
             that
             bee
             not
             Pirats
             .
          
           
             Lastly
             ,
             concerning
             letters
             of
             Merque
             ,
             as
             we
             speake
             ,
             or
             
               droict
               de
               Merque
            
             ,
             as
             Frenchmen
             tearme
             it
             ,
             
               sive
               ius
               represaliarum
            
             ,
             and
             goods
             and
             things
             taken
             under
             that
             title
             upon
             sea
             ;
             surely
             ,
             as
             farre
             as
             we
             may
             ,
             we
             should
             prease
             to
             keepe
             Gods
             law
             set
             downe
             by
             Moses
             ,
             m
             practised
             by
             King
             Amasia
             ,
             n
             and
             confirmed
             by
             the
             Prophets
             :
             o
             that
             the
             father
             should
             not
             be
             punished
             for
             the
             sonne
             ,
             nor
             the
             sonne
             for
             the
             father
             ,
             but
             a
             difference
             to
             be
             alwaies
             put
             
             betwixt
             the
             guilty
             and
             the
             innocent
             .
             Which
             thing
             moved
             Emperours
             to
             make
             constitutions
             for
             the
             repressing
             of
             represalies
             in
             certaine
             respects
             .
             p
          
           
             Notwithstanding
             ,
             if
             our
             patience
             be
             so
             oppressed
             with
             the
             increase
             of
             robberies
             ,
             spoyles
             ,
             and
             violence
             upon
             sea
             ,
             by
             men
             falsely
             professing
             friends
             ,
             in
             such
             sort
             that
             upon
             no
             supplication
             ,
             intercession
             ,
             nor
             other
             travels
             ,
             the
             Princes
             of
             these
             wrongfull
             Nations
             (
             who
             onely
             can
             and
             should
             represse
             and
             redresse
             )
             will
             doe
             justice
             ,
             or
             neglect
             to
             doe
             their
             office
             ;
             then
             because
             
             such
             a
             dealing
             imports
             a
             iust
             cause
             of
             lawfull
             hostility
             and
             warfare
             ,
             I
             see
             not
             but
             that
             such
             a
             calamity
             may
             and
             ought
             to
             be
             repressed
             ,
             at
             least
             by
             these
             represalies
             and
             letters
             of
             Merque
             ;
             q
             specially
             ,
             sith
             that
             cause
             ,
             in
             effect
             ,
             resembles
             a
             warre
             denounced
             without
             solemnities
             of
             clarigation
             .
          
           
             And
             therefore
             ,
             both
             according
             to
             the
             lawes
             of
             England
             ,
             letters
             of
             Merque
             are
             allowable
             ;
             and
             according
             to
             the
             old
             custome
             of
             Scotland
             ;
             and
             the
             tenor
             of
             the
             Act
             of
             Parliament
             made
             by
             Iames
             the
             first
             of
             Scotland
             ,
             r
             
             concerning
             shipwracke
             ,
             to
             be
             followed
             for
             a
             rule
             to
             such
             cursed
             cases
             ,
             that
             is
             to
             say
             ,
             that
             other
             Nations
             should
             have
             the
             like
             favour
             of
             us
             ,
             that
             they
             shew
             to
             us
             .
          
           
             Now
             being
             agreed
             that
             letters
             of
             Merque
             are
             lawfull
             ,
             as
             they
             are
             by
             statutes
             ,
             customes
             and
             reason
             ,
             specially
             upon
             a
             matter
             of
             great
             importance
             ,
             and
             after
             a
             due
             warning
             ,
             intimation
             ,
             and
             one
             requisition
             ;
             so
             that
             it
             be
             done
             by
             the
             Prince
             ,
             and
             solemnly
             :
             s
             then
             what
             goods
             happen
             to
             be
             taken
             by
             that
             meanes
             ,
             should
             bee
             brought
             and
             presented
             as
             
             aforesaid
             before
             the
             Admirall
             ;
             t
             that
             a
             just
             Inventary
             may
             be
             taken
             thereof
             ,
             for
             divers
             good
             respects
             .
          
        
         
           
           
             TIT.
             XXVI
             .
          
           
             Of
             Fishers
             ,
             fishing
             ,
             and
             traffiquers
             therewith
             .
          
           
             ALbeit
             hunting
             ,
             hawking
             ,
             and
             fishing
             ,
             be
             of
             one
             kinde
             ,
             as
             subject
             to
             a
             like
             law
             and
             liberty
             ,
             a
             because
             what
             wilde
             beast
             ,
             fowle
             ,
             or
             fish
             be
             once
             taken
             by
             any
             man
             ,
             commonly
             it
             becommeth
             his
             owne
             proper
             by
             the
             lawes
             of
             Nations
             ;
             yet
             is
             there
             a
             difference
             twixt
             these
             three
             :
             for
             ,
             albeit
             
             hunting
             and
             hawking
             be
             almost
             every
             where
             lawfull
             ,
             yet
             fishing
             is
             forbidden
             in
             other
             mens
             ponds
             ,
             stanks
             and
             lakes
             ,
             b
             as
             comparable
             with
             the●t
             .
          
           
             Yea
             ,
             now
             a-daies
             ,
             in
             rivers
             ,
             and
             in
             parts
             of
             the
             Seas
             neerest
             to
             the
             possessions
             of
             men
             having
             grant
             and
             infeftment
             from
             the
             King
             ,
             may
             fishing
             be
             forbidden
             ,
             but
             no
             private
             man
             ,
             without
             the
             grant
             of
             the
             Prince
             ,
             upon
             any
             pretence
             ,
             or
             allegation
             of
             long
             consuetude
             and
             prescription
             ,
             may
             acquire
             the
             propriety
             of
             any
             such
             part
             of
             the
             sea
             ,
             as
             to
             prohibite
             
             others
             to
             fish
             there
             also
             ;
             c
             for
             such
             prescriptions
             onely
             pertaine
             to
             Princes
             .
          
           
             To
             returne
             to
             the
             quality
             of
             fishing
             ;
             sith
             it
             is
             not
             onely
             allowable
             to
             all
             sorts
             of
             persons
             ,
             d
             but
             also
             commendable
             ,
             and
             alwaies
             to
             be
             preferred
             to
             all
             other
             trades
             and
             traffiques
             upon
             sea
             ,
             not
             onely
             for
             necessaries
             ,
             but
             also
             for
             the
             great
             good
             and
             profit
             redounding
             thereby
             ;
             all
             ciuill
             and
             vertuous
             Princes
             have
             diversly
             forthshowne
             their
             care
             ,
             for
             the
             entertaining
             and
             advancing
             thereof
             :
             as
             ,
             by
             ordinances
             to
             build
             shippes
             and
             boats
             
             to
             that
             purpose
             ;
             e
             and
             by
             their
             wise
             appointing
             of
             certaine
             onely
             times
             for
             the
             fishing
             ,
             as
             namely
             ,
             of
             Salmon
             ,
             under
             paines
             not
             onely
             of
             Fynes
             ,
             but
             also
             of
             forfeitures
             ,
             and
             of
             death
             ,
             according
             to
             the
             manner
             of
             the
             offence
             ,
             and
             contempt
             of
             their
             decrees
             and
             statutes
             .
             f
             Which
             Princes
             also
             (
             for
             the
             increase
             of
             fishes
             )
             have
             ,
             as
             it
             were
             with
             common
             consent
             ,
             forbidden
             the
             making
             ,
             setting
             ,
             and
             using
             of
             crowes
             ,
             yarrs
             ,
             dammes
             ,
             fosses
             ,
             tramelets
             ,
             parkings
             ,
             dyking
             and
             herrywaters
             ,
             in
             any
             waters
             g
             where
             the
             sea
             ebbes
             and
             
             flowes
             ,
             under
             paine
             of
             confiscation
             of
             all
             the
             goods
             of
             the
             transgressors
             in
             Scotland
             .
             h
          
           
             Yea
             ,
             albeit
             that
             any
             man
             were
             of
             old
             infefted
             with
             keeping
             of
             crwiffes
             ,
             weares
             ,
             and
             kiddles
             ,
             &c.
             yet
             must
             he
             keepe
             the
             Saturdaies
             slop
             :
             that
             is
             ,
             to
             lift
             the
             same
             from
             Saturday
             at
             after-noone
             till
             Monday
             ;
             and
             also
             to
             make
             each
             heck
             or
             mesh
             of
             his
             crwiffe
             three
             inches
             wide
             ,
             i
             except
             for
             taking
             of
             smelts
             ,
             loches
             ,
             and
             such
             like
             that
             will
             neuer
             be
             bigger
             :
             as
             also
             ,
             for
             to
             set
             the
             same
             upon
             the
             waters
             ,
             that
             the
             mid-streame
             
             may
             have
             the
             iust
             space
             of
             sixe
             foot
             wide
             ,
             under
             the
             paine
             of
             five
             pound
             .
             m
             And
             thus
             farre
             concerning
             the
             maintenance
             and
             increase
             of
             fishes
             ,
             by
             our
             Scottish
             lawes
             and
             custome
             .
          
           
             It
             followeth
             ,
             to
             set
             downe
             concerning
             the
             Fishers
             their
             safety
             and
             priviledges
             .
             Wherin
             it
             is
             provided
             ,
             first
             ,
             that
             all
             Shippes
             sayling
             into
             the
             parts
             where
             Herring
             are
             taken
             ,
             at
             least
             during
             the
             taking
             thereof
             ,
             shall
             let
             downe
             ●aile
             after
             day
             light
             past
             ,
             let
             their
             Anchor
             fall
             ,
             and
             keepe
             watch
             with
             Lanterne
             and
             light
             ,
             untill
             day
             light
             appeare
             
             again
             ,
             lest
             otherwise
             the
             poor
             Fishers
             should
             be
             over-run
             ,
             or
             their
             nets
             broken
             :
             their
             paine
             in
             Denmarke
             ,
             is
             death
             to
             the
             transgressors
             :
             n
             and
             the
             Fishers
             are
             likewise
             forbidden
             to
             use
             light
             in
             their
             fishing
             by
             night
             ,
             lest
             they
             deceive
             saylers
             with
             the
             false
             shew
             of
             a
             port
             .
             nn
          
           
             Likewise
             ,
             lest
             any
             of
             the
             Fishers
             harme
             or
             hurt
             one
             another
             ,
             it
             is
             diversly
             provided
             ,
             as
             also
             cōcerning
             the
             right
             measure
             of
             their
             nets
             in
             length
             &
             in
             bredth
             ;
             o
             as
             may
             be
             seen
             by
             the
             Statutes
             of
             sundry
             nations
             
               Vid
               statuta
               Angliae
            
             .
          
           
             And
             specially
             therfore
             it
             is
             
             agreed
             of
             long
             time
             sithence
             ,
             by
             the
             Sea-farers
             on
             the
             Forth
             of
             Scotland
             ;
             p
             first
             ,
             that
             no
             ground-draffe
             or
             drag-net
             ,
             be
             set
             before
             March
             ,
             nor
             upon
             deeper
             water
             then
             fourteene
             fathome
             .
          
           
             Item
             ,
             that
             none
             shall
             lye
             to
             their
             neighbours
             when
             he
             shall
             be
             asked
             concerning
             the
             length
             and
             depth
             of
             his
             tewe
             ,
             when
             he
             is
             in
             driving
             :
             neither
             yet
             wittingly
             and
             wilfully
             to
             suffer
             his
             tewes
             and
             nets
             to
             flit
             ,
             and
             runne
             over
             one
             another
             ,
             under
             the
             paine
             of
             ten
             pound
             for
             every
             transgression
             of
             the
             premised
             
             articles
             .
          
           
             Item
             ,
             above
             all
             ,
             that
             from
             the
             Sun-set
             on
             Sonday
             ,
             no
             man
             lay
             nor
             hale
             nets
             or
             great
             lines
             ,
             or
             exercise
             any
             labour
             ,
             under
             the
             foresaid
             paine
             .
          
           
             Item
             ,
             for
             the
             further
             incouraging
             of
             Fishers
             in
             the
             West
             and
             North
             Isles
             of
             Scotland
             ,
             there
             is
             a
             Statute
             that
             no
             other
             customes
             be
             sought
             of
             the
             Fishers
             in
             the
             said
             I●es
             ,
             but
             only
             the
             Kings
             customes
             ;
             under
             the
             paines
             due
             to
             manifest
             oppressors
             against
             them
             who
             exact
             the
             same
             .
             q
          
           
             Lastly
             ,
             concerning
             Fishers
             
             and
             traffiquers
             with
             fishes
             ,
             it
             is
             ordained
             that
             not
             onely
             all
             fish
             slaine
             and
             taken
             neere
             to
             the
             coast
             of
             Scotland
             ,
             be
             brought
             and
             presented
             to
             the
             market
             places
             ,
             where
             the
             takers
             or
             slayers
             thereof
             dwell
             :
             r
             but
             also
             all
             fishes
             taken
             in
             the
             North
             and
             West
             Isles
             or
             Firths
             ,
             to
             be
             brought
             directly
             to
             the
             townes
             where
             the
             Fishers
             dwell
             (
             that
             the
             need
             of
             the
             countrey
             may
             be
             first
             served
             )
             s
             and
             presented
             to
             the
             market
             places
             :
             from
             which
             none
             may
             carry
             them
             away
             to
             packe
             and
             peil
             ,
             but
             onely
             betwixt
             the
             houres
             of
             eleven
             
             and
             two
             in
             the
             afternoone
             ,
             under
             the
             paine
             of
             confiscation
             .
             In
             which
             markets
             ,
             it
             is
             lawfull
             to
             the
             Provost
             &
             Bail●ffes
             to
             set
             downe
             prices
             ,
             and
             to
             compell
             the
             packer
             and
             peiler
             to
             sell
             againe
             for
             the
             need
             of
             the
             Lieges
             .
             t
             Which
             being
             done
             ,
             they
             may
             transport
             the
             remainder
             where
             they
             please
             .
             u
             And
             in
             case
             they
             contemne
             ,
             then
             their
             fishes
             to
             be
             eschete
             ,
             two
             parts
             to
             the
             King
             ,
             and
             the
             third
             to
             the
             Magistrate
             ▪
             x
          
           
             Likewise
             ,
             concerning
             the
             barrelling
             of
             fishes
             ,
             it
             is
             ordained
             that
             the
             measures
             
             prescribed
             of
             old
             shall
             be
             kept
             :
             videlicet
             ,
             each
             barrell
             of
             Herring
             ,
             or
             of
             white
             fish
             ,
             to
             be
             of
             twelve
             galons
             ;
             y
             and
             the
             barrell
             of
             Salmon
             of
             fourteene
             galons
             ,
             according
             to
             the
             measure
             of
             Hamburg
             ,
             z
             under
             the
             paines
             of
             escheting
             there
             of
             from
             the
             pa●ker
             ,
             and
             of
             five
             pound
             to
             be
             lifted
             from
             the
             Couper
             .
             a
             And
             therefore
             hoop
             irons
             to
             be
             made
             in
             each
             towne
             ,
             for
             the
             tryall
             and
             gaging
             thereof
             b
             
               Vid.
               statuta
               Angliae
               .
               Tit.
            
             of
             fishing
             ;
             in
             the
             Abridgements
             .
          
        
         
           
           
             TIT.
             XXVII
             .
          
           
             Of
             the
             Community
             and
             Propriety
             of
             the
             Seas
             .
          
           
             HAving
             of
             late
             seene
             and
             perused
             a
             very
             learned
             ,
             but
             a
             subtle
             Treatise
             (
             
               incerto
               authore
            
             )
             intituled
             
               Mare
               liberum
            
             ,
             containing
             in
             effect
             a
             plaine
             Proclamation
             of
             a
             liberty
             common
             for
             all
             of
             all
             Nations
             ,
             to
             fish
             indifferently
             on
             all
             kinde
             of
             Seas
             ,
             and
             consequently
             ,
             a
             turning
             of
             undoubted
             
             proprieties
             to
             a
             community
             ;
             as
             the
             fift
             chapter
             thereof
             at
             large
             discovers
             (
             wherein
             the
             unknowne
             Authour
             protesteth
             ,
             that
             he
             may
             for
             his
             warrant
             use
             the
             authority
             and
             words
             of
             such
             old
             Writers
             as
             have
             beene
             esteemed
             most
             mighty
             in
             the
             understanding
             and
             judging
             upon
             the
             naturall
             condition
             of
             things
             here
             below
             )
             and
             the
             Discourse
             ,
             being
             covered
             with
             the
             maintenance
             of
             a
             liberty
             to
             saile
             to
             the
             Indians
             ;
             I
             thought
             alwaies
             expedient
             by
             occasion
             of
             this
             argument
             of
             fishing
             contained
             in
             my
             former
             Title
             ,
             
             by
             Gods
             grace
             ,
             to
             occurre
             thereunto
             ;
             as
             manifestly
             direct
             ,
             at
             least
             (
             in
             my
             weake
             sight
             )
             tending
             to
             the
             prejudice
             of
             my
             most
             worthy
             Prince
             and
             his
             subjects
             ;
             and
             that
             not
             onely
             by
             arguments
             derived
             from
             the
             first
             verity
             of
             the
             nature
             of
             things
             ,
             but
             also
             from
             his
             owne
             proofs
             ,
             warrants
             ,
             and
             their
             Authors
             .
          
           
             And
             yet
             before
             I
             goe
             any
             further
             ,
             I
             cannot
             passe
             the
             Authour
             his
             ridiculous
             pretence
             ,
             in
             both
             Epistle
             and
             beginning
             of
             his
             Discourse
             ;
             as
             for
             a
             liberty
             onely
             to
             saile
             on
             Seas
             :
             a
             thing
             farre
             
             off
             from
             all
             controversie
             ,
             at
             least
             upon
             the
             Ocean
             ;
             specially
             ,
             since
             passage
             upon
             land
             through
             all
             Regions
             Christian
             ,
             is
             this
             day
             so
             indifferently
             permitted
             to
             all
             of
             all
             Nations
             ,
             even
             to
             Turkes
             ,
             Iewes
             ,
             Pagans
             ,
             not
             being
             professed
             enemies
             ;
             and
             therfore
             much
             lesse
             to
             be
             restrained
             on
             Sea
             in
             all
             respects
             .
             So
             that
             I
             cannot
             but
             perswade
             both
             my selfe
             ,
             and
             other
             loyall
             subjects
             ,
             that
             the
             said
             pretence
             is
             but
             a
             very
             pretence
             ;
             and
             so
             much
             the
             more
             to
             be
             suspected
             as
             a
             drift
             against
             our
             undoubted
             right
             and
             propriety
             of
             fishing
             on
             this
             
             side
             the
             Seas
             .
          
           
             Now
             remembring
             the
             first
             ground
             ,
             whereby
             the
             Authour
             would
             make
             
               Mare
               I●herum
            
             ,
             to
             be
             a
             position
             fortified
             by
             the
             opinions
             and
             sayings
             of
             some
             old
             Poets
             ,
             Orators
             ,
             Philosophers
             ,
             and
             (
             wrested
             )
             Iurisconsults
             ,
             that
             Land
             and
             Sea
             ,
             by
             the
             first
             condition
             of
             nature
             ,
             hath
             beene
             and
             should
             be
             common
             to
             all
             ,
             and
             proper
             to
             none
             :
             against
             this
             I
             minde
             to
             use
             no
             other
             reason
             ,
             but
             a
             simple
             and
             orderly
             reciting
             of
             the
             words
             of
             the
             holy
             Spirit
             ,
             concerning
             that
             first
             condition
             naturall
             of
             Land
             and
             
             Sea
             from
             the
             very
             beginning
             ;
             at
             which
             time
             ,
             God
             having
             made
             and
             so
             carefully
             toward
             man
             disposed
             the
             foure
             Elements
             ,
             two
             to
             swimme
             above
             his
             head
             ,
             and
             two
             to
             lye
             under
             his
             feet
             :
             that
             is
             to
             say
             ,
             the
             Earth
             and
             Water
             ,
             both
             wonderfully
             for
             that
             effect
             ordered
             to
             the
             up-making
             of
             one
             and
             a
             perfect
             Globe
             ,
             for
             their
             more
             mutuall
             service
             to
             mans
             use
             :
             according
             to
             this
             ,
             immediately
             after
             the
             creation
             ,
             God
             saith
             to
             man
             ,
             a
             
               Subdue
               the
               earth
               ,
               and
               rule
               over
               the
               fish
               :
            
             which
             could
             not
             be
             ,
             but
             by
             a
             subduing
             of
             the
             waters
             also
             .
          
           
           
             And
             againe
             ,
             after
             the
             Floud
             ,
             God
             saith
             ,
             
               Replenish
               the
               earth
            
             :
             b
             and
             for
             the
             better
             performance
             hereof
             ,
             God
             in
             his
             justice
             against
             the
             building
             of
             Babylon
             ,
             scattred
             man-kinde
             over
             all
             the
             face
             of
             the
             earth
             ;
             c
             therefore
             is
             it
             that
             Moses
             saith
             ,
             d
             
               These
               are
               the
               Iles
               of
               the
               Nations
               divided
               in
               their
               lands
               .
            
             So
             that
             hereby
             is
             evident
             that
             things
             here
             done
             ,
             are
             not
             so
             naturally
             too
             common
             ;
             sith
             God
             the
             author
             of
             nature
             ,
             is
             also
             as
             well
             author
             of
             the
             division
             ,
             as
             of
             the
             cōposition
             :
             and
             yet
             howsoeuer
             ,
             
             in
             his
             justice
             as
             is
             said
             ,
             yet
             in
             his
             mercy
             also
             and
             indulgent
             care
             ,
             for
             the
             welfare
             and
             peace
             of
             mankinde
             .
             For
             those
             are
             sentences
             both
             vulgar
             and
             sure
             ,
             set
             downe
             by
             the
             Romane
             Iurisconsults
             ,
             e
             
               Communio
               parit
               discordiam
               .
               Quod
               communiter
               possidetur
               ,
               vitio
               naturali
               negligitur
               .
               Habet
               communio
               rerum
               gerendarum
               difficultatem
               .
            
             f
          
           
             Afterward
             ,
             the
             earth
             ,
             by
             the
             infinite
             multiplication
             of
             mankinde
             ,
             being
             largely
             replenished
             ,
             and
             therefore
             of
             necessity
             thus
             divided
             ▪
             and
             things
             upon
             the
             earth
             not
             sufficient
             for
             the
             necessaries
             
             and
             desires
             of
             man
             in
             every
             region
             ,
             followed
             of
             force
             the
             use
             of
             trading
             vpon
             the
             seas
             ;
             not
             onely
             for
             the
             ruling
             of
             the
             fish
             therein
             ,
             according
             to
             the
             commandement
             given
             by
             the
             Creator
             at
             the
             beginning
             ,
             but
             also
             for
             transporting
             of
             things
             necessary
             for
             the
             use
             of
             man.
             For
             the
             which
             ,
             and
             other
             causes
             above
             mentioned
             ,
             the
             waters
             became
             divisible
             ,
             and
             requiring
             a
             partition
             in
             like
             manner
             with
             the
             earth
             ;
             according
             to
             that
             of
             
               Baldus
               :
               Videmus
               ,
               de
               iure
               gentium
               ,
               in
               mare
               esse
               regna
               distincta
               ,
               sicut
               in
               terra
               arida
               .
            
             g
          
           
           
             And
             thus
             farre
             have
             we
             learned
             ,
             concerning
             the
             community
             and
             propriety
             of
             land
             and
             sea
             ,
             by
             him
             who
             is
             the
             great
             Creator
             and
             authour
             of
             all
             ;
             and
             therefore
             of
             greater
             authority
             and
             understanding
             then
             all
             the
             Grecian
             and
             Romane
             Writers
             ,
             Poets
             ,
             Orators
             ,
             Philosophers
             ,
             and
             Iurisconsults
             ,
             who-so-ever
             famous
             :
             whom
             the
             author
             of
             
               Mare
               liberum
            
             protests
             he
             may
             use
             and
             leane
             ●o
             without
             offence
             .
          
           
             Now
             ,
             sith
             the
             weaknesse
             of
             this
             his
             first
             and
             principal
             ground
             doth
             this
             way
             appeare
             ;
             let
             any
             man
             judge
             
             upon
             the
             truth
             of
             that
             which
             Cicero
             (
             his
             man
             )
             sets
             down
             ,
             g
             
               Sunt
               privata
               natur
               a
               nulla
            
             ;
             and
             likewise
             of
             all
             other
             his
             authors
             their
             opinions
             ,
             for
             the
             fortification
             of
             an
             originall
             community
             of
             things
             .
          
           
             It
             followeth
             to
             examine
             the
             chiefe
             warrants
             of
             
               Mare
               liberum
            
             ;
             and
             to
             consider
             how
             farre
             they
             may
             beare
             forth
             to
             a
             common
             liberty
             for
             fishing
             ,
             on
             all
             seas
             indifferently
             .
          
           
             The
             author
             cites
             Vlpian
             ,
             a
             renowned
             Iurisconsult
             indeed
             ,
             and
             Martian
             their
             sentences
             ;
             alleaging
             h
             that
             Vlpian
             should
             say
             ,
             i
             
               Ante
               
               aedes
               meas
               aut
               praetorium
               ut
               piscari
               aliquem
               prohibeam
               ,
               usurpatum
               quidem
               est
               ,
               sed
               nullo
               iure
               ,
               adeo
               ut
               contempta
               ea
               usurpatione
               ,
               iniuriarum
               agere
               potest
               .
               sz
               .
               prohibitus
               .
            
             That
             is
             to
             say
             ,
             if
             I
             should
             forbid
             any
             man
             to
             fish
             before
             my
             house
             ,
             he
             may
             mis-know
             such
             an
             usurpation
             ,
             and
             intend
             action
             of
             injury
             against
             me
             ,
             for
             a
             wrongfull
             staying
             him
             from
             fishing
             there
             .
          
           
             But
             as
             I
             read
             ,
             k
             Vlpian
             his
             words
             are
             thus
             ;
             
               Sunt
               qui
               putant
               iniuriarum
               me
               agere
               posse
               :
            
             that
             is
             ,
             there
             are
             men
             who
             thinke
             ,
             I
             may
             intend
             action
             ,
             &c.
             
             It
             is
             true
             also
             ,
             that
             Martian
             
             saith
             ,
             
               Nemo
               ad
               littus
               piscandi
               causa
               accedere
               prohibetur
               .
            
             l
             And
             yet
             neither
             of
             these
             two
             Iurisconsults
             ,
             pronounceth
             absolutely
             in
             these
             cases
             ,
             but
             upon
             another
             higher
             warrant
             :
             and
             therefore
             Vlpian
             addes
             ,
             
               Saepissime
               rescriptum
               est
               n●c
               piscari
               ,
               &c.
               prohibere
               posse
               .
            
             m
             That
             is
             ,
             it
             is
             by
             writ
             most
             often
             answered
             ,
             &c.
             
             Which
             Martian
             expounds
             most
             clearely
             ,
             when
             he
             saith
             ,
             
               Nemo
               igitur
               ad
               littus
               maris
               piscandi
               causa
               accedere
               prohibetur
            
             ;
             and
             subjoynes
             his
             warrant
             ,
             
               Idque
               Divus
               Pius
               piscatoribus
               Formianis
               rescripsit
               :
            
             n
             that
             is
             ,
             No
             man
             
             is
             forbidden
             to
             come
             to
             the
             sea
             side
             and
             fish
             ;
             as
             the
             Emperour
             
               Divus
               Pius
            
             did
             write
             to
             the
             Fishers
             of
             Formian
             .
             So
             that
             you
             see
             the
             Emperours
             to
             have
             been
             warrants
             to
             these
             Lawyers
             ,
             and
             their
             written
             opinions
             ,
             concerning
             the
             voyage
             of
             the
             sea
             .
          
           
             Now
             ,
             to
             passe
             the
             propriety
             which
             hereby
             we
             see
             these
             Emperours
             did
             claime
             on
             the
             seas
             ,
             I
             aske
             first
             ,
             to
             whom
             did
             the
             Emperours
             write
             such
             resolutions
             ?
             was
             it
             not
             to
             the
             professed
             subjects
             of
             their
             owne
             Empire
             ?
             and
             what
             ?
             even
             the
             usage
             of
             the
             seas
             ,
             and
             coasts
             of
             their
             
             Empire
             ,
             to
             be
             indifferently
             common
             to
             every
             one
             of
             their
             own
             subjects
             :
             and
             how
             ?
             
               Iure
               gentium
            
             ;
             that
             is
             ,
             according
             to
             the
             law
             kept
             by
             all
             other
             nations
             ,
             to
             every
             one
             of
             their
             own
             nation
             in
             like
             cases
             .
          
           
             Moreover
             ,
             albeit
             these
             and
             other
             Romane
             Lawyers
             pronounce
             so
             ,
             concerning
             the
             community
             of
             the
             sea-shoare
             ,
             and
             coast
             ,
             that
             private
             men
             may
             build
             houses
             within
             the
             floud-marke
             ,
             and
             appropriate
             them
             to
             themselves
             ,
             according
             to
             that
             which
             Neratius
             writes
             ,
             
               Quod
               in
               littore
               quis
               aedificat
               ,
               eius
               fit
               :
            
             o
             that
             is
             ,
             what
             
             a
             man
             builds
             on
             shoare
             ,
             it
             becommeth
             his
             owne
             ;
             yet
             upon
             this
             condition
             ,
             
               Tamen
               decretum
               praetoris
               adhibendum
               est
               ut
               id
               facere
               liceat
               ,
            
             saith
             Pomponius
             :
             p
             that
             is
             ,
             providing
             the
             Praetor
             his
             decree
             be
             interponed
             thereunto
             ;
             or
             that
             the
             Prince
             give
             grant
             ,
             as
             Vlpian
             writes
             ;
             q
             
               Vel
               ut
               princeps
               concedat
            
             .
             As
             for
             the
             remnant
             of
             these
             sorts
             of
             warrants
             alledged
             for
             
               Mare
               liberum
            
             ,
             sith
             they
             sing
             all
             one
             song
             for
             the
             common
             use
             to
             the
             people
             ,
             and
             propriety
             to
             the
             Prince
             ,
             if
             men
             will
             but
             onely
             marke
             them
             ;
             I
             need
             not
             stay
             further
             upon
             them
             .
             
             So
             that
             every
             man
             may
             see
             both
             the
             use
             of
             the
             word
             commune
             ,
             and
             the
             meaning
             of
             
               Iure
               gentium
            
             among
             these
             Lawiers
             ,
             whereupon
             this
             
               Mare
               liberum
            
             appeares
             so
             to
             be
             founded
             ,
             that
             it
             cannot
             be
             shaken
             .
             For
             ,
             commune
             ,
             there
             is
             nothing
             else
             but
             
               publieum
               ,
               q●asi
               populicum
            
             ;
             signifying
             a
             thing
             common
             for
             the
             usage
             of
             any
             of
             one
             sort
             of
             people
             ,
             and
             not
             for
             all
             of
             all
             nations
             :
             according
             to
             that
             of
             
               Modestinus
               ,
               Roma
               communis
               patria
               est
               .
            
             r
          
           
             Neither
             yet
             doth
             that
             word
             ,
             
               Iure
               gentium
            
             ,
             meane
             any
             law
             set
             downe
             by
             common
             
             consent
             of
             all
             nations
             ;
             but
             onely
             notes
             the
             example
             of
             the
             law
             ,
             or
             custome
             of
             other
             nations
             :
             as
             if
             they
             would
             say
             ,
             the
             liberty
             of
             fishing
             on
             our
             seas
             ,
             and
             of
             other
             doing
             there
             and
             at
             shoare
             ,
             should
             be
             common
             to
             every
             one
             of
             the
             Romane
             Empire
             ,
             like
             as
             the
             same
             is
             common
             to
             all
             of
             all
             other
             nations
             ,
             on
             their
             seas
             ,
             and
             their
             shoares
             .
          
           
             Likewise
             ,
             that
             of
             
               Placentinus
               ;
               Quod
               mare
               sit
               in
               nullius
               bonis
               ,
               nisi
               solius
               dei
               :
            
             that
             is
             ,
             GOD
             is
             onely
             Lord
             of
             the
             sea
             ;
             and
             so
             say
             we
             with
             King
             David
             ,
             that
             the
             land
             
             also
             is
             the
             Lords
             .
             s
             But
             that
             of
             Faber
             ,
             t
             
               Mare
               esse
               in
               primaevo
               iure
               quo
               omnia
               erant
               communia
               ,
            
             I
             need
             no
             otherwise
             to
             refute
             now
             ,
             than
             I
             have
             done
             above
             already
             .
          
           
             And
             these
             are
             the
             Authors
             and
             warrants
             whereupon
             
               Mare
               liberum
            
             inferres
             his
             conclusion
             ;
             
               Demonstratum
               igit
               ur
               nec
               populo
               ,
               nec
               privato
               ius
               aliquod
               in
               mare
               competere
               posse
               ,
               quum
               occupationem
               ,
               nec
               natura
               ,
               nec
               publici
               usus
               ratio
               permittat
               .
            
             u
             Which
             ,
             how
             it
             followeth
             upon
             the
             premisses
             ,
             let
             men
             judge
             ;
             sith
             neither
             these
             
             his
             Authors
             make
             for
             him
             ,
             neither
             yet
             the
             reason
             inserted
             in
             the
             conclusion
             beares
             out
             ;
             which
             is
             ,
             
               quum
               occupationem
               nec
               natura
               ,
               nec
               publici
               usus
               ratio
               permittat
               :
            
             that
             is
             ,
             neither
             nature
             ,
             nor
             the
             common
             need
             ,
             suffers
             the
             sea
             to
             be
             acquired
             in
             property
             to
             any
             occupation
             .
          
           
             For
             answer
             ,
             first
             concerning
             the
             nature
             of
             the
             sea
             ,
             as
             supposed
             impossibly
             occupable
             or
             acquirable
             ;
             Is
             this
             so
             thought
             because
             the
             sea
             is
             not
             so
             solid
             ,
             as
             is
             the
             land
             ,
             that
             men
             may
             trade
             thereon
             ,
             as
             upon
             land
             ?
             or
             that
             it
             is
             continually
             flowing
             to
             a●d
             
             fro
             ?
             Surely
             ,
             that
             lacke
             of
             solidity
             for
             man
             his
             trading
             thereon
             by
             foot
             ,
             shall
             not
             hinder
             the
             solid
             possession
             of
             it
             ,
             farre
             lesse
             the
             occupation
             and
             acquiring
             ,
             if
             we
             will
             give
             to
             the
             sea
             ,
             that
             which
             the
             Iurisconsults
             indulgently
             grant
             to
             the
             land
             ,
             which
             also
             cannot
             be
             denied
             .
             Paulus
             the
             Iurisconsult
             saith
             ,
             x
             
               Qui
               fundum
               possidere
               velit
               ,
               non
               utique
               omnes
               glebas
               eius
               circumambulet
               ,
               sed
               sufficit
               quamlibet
               partem
               eius
               introire
               ,
               dum
               mente
               &
               cogitatione
               hac
               sit
               ut
               totum
               possidere
               velit
               usque
               ad
               terminum
               :
            
             that
             is
             ,
             it
             is
             not
             needfull
             for
             him
             who
             would
             
             possesse
             himselfe
             in
             any
             part
             of
             the
             land
             ,
             to
             goe
             about
             and
             tread
             over
             the
             same
             ;
             but
             it
             is
             sufficient
             to
             enter-in
             upon
             any
             thereof
             ,
             with
             a
             mind
             to
             possesse
             all
             the
             rest
             thereof
             ,
             even
             to
             the
             due
             marches
             .
             And
             what
             can
             stay
             this
             to
             be
             done
             on
             sea
             ,
             as
             well
             as
             on
             land
             ?
             And
             thus
             farre
             concerning
             the
             solidity
             .
          
           
             As
             for
             the
             flowing
             condition
             of
             the
             sea
             ,
             howsoever
             it
             be
             liquid
             ,
             fluid
             ,
             and
             unstable
             ,
             in
             the
             particles
             thereof
             ,
             yet
             in
             the
             whole
             body
             ,
             it
             is
             not
             so
             :
             because
             it
             keepes
             the
             prescribed
             bounds
             strictly
             enough
             ,
             
             concerning
             the
             
             chiefe
             place
             and
             limits
             thereof
             .
          
           
             VVhich
             discourse
             ,
             gives
             us
             occasion
             of
             force
             to
             answere
             to
             a
             scoffe
             cast
             in
             by
             the
             Author
             of
             
               Mare
               liberum
            
             ,
             concerning
             the
             possibility
             also
             of
             marches
             and
             limits
             ,
             for
             the
             division
             of
             the
             seas
             :
             y
             
               Mundum
               dividunt
            
             (
             saith
             the
             fore●aid
             Authour
             of
             
               Mare
               liberum
               )
               non
               ullis
               limitibus
               ,
               aut
               natura
               ,
               aut
               manupositis
               ,
               ●ed
               imaginaria
               quadam
               linea
               :
               quod
               si
               recipitur
               ,
               &
               Geometrae
               terras
               ,
               &
               Astronomi
               coelum
               nobis
               eripient
               :
            
             that
             is
             ,
             they
             divide
             the
             world
             ,
             not
             by
             any
             marches
             ,
             
             put
             either
             by
             nature
             ,
             or
             by
             the
             hand
             of
             man
             ,
             but
             by
             an
             imaginary
             or
             fantastick
             line
             :
             which
             kinde
             of
             doing
             being
             embraced
             ,
             the
             Geometers
             may
             steale
             away
             the
             earth
             ,
             and
             the
             Astronomers
             the
             heavens
             from
             us
             .
          
           
             It
             is
             true
             ,
             that
             there
             are
             not
             in
             every
             part
             of
             the
             sea
             Iles
             sensible
             (
             as
             Gernsey
             is
             to
             England
             in
             the
             narrow
             seas
             )
             or
             sands
             (
             as
             the
             Washes
             at
             the
             West
             seas
             of
             England
             )
             nor
             rockes
             ,
             or
             other
             eminent
             and
             visible
             markes
             above
             water
             ,
             for
             the
             designation
             of
             the
             bounds
             (
             or
             laying-out
             the
             limits
             )
             of
             the
             divisible
             parts
             
             thereof
             :
             but
             GOD
             ,
             who
             is
             both
             the
             distributer
             and
             first
             Author
             of
             the
             diuision
             and
             distinction
             of
             both
             land
             and
             sea
             ,
             hath
             given
             an
             understanding
             heart
             to
             man
             for
             the
             same
             effect
             ,
             as
             well
             as
             for
             all
             other
             necessary
             actions
             wherein
             he
             hath
             to
             employ
             himselfe
             :
             so
             that
             to
             a
             very
             wonder
             ,
             God
             hath
             diversly
             informed
             men
             by
             the
             helpes
             of
             the
             Compasse
             ,
             counting
             of
             courses
             ,
             sounding
             ,
             and
             other
             waies
             ,
             to
             finde
             forth
             ,
             and
             to
             designe
             
               finitum
               in
               infinito
            
             ;
             so
             farre
             as
             is
             expedient
             for
             the
             certaine
             reach
             &
             bounds
             of
             seas
             ,
             properly
             pertaining
             
             to
             any
             Prince
             or
             people
             .
          
           
             Which
             bounds
             Bartolus
             z
             hardily
             extends
             and
             allowes
             for
             Princes
             and
             people
             at
             the
             sea
             side
             ,
             an
             hundreth
             miles
             of
             sea
             forth
             from
             their
             coasts
             ,
             *
             at
             least
             ;
             and
             justly
             ,
             if
             they
             exercise
             a
             protection
             &
             conservacy
             so
             far
             :
             and
             this
             reach
             is
             called
             by
             the
             Doctors
             ,
             
               Districtus
               maris
               ,
               &
               territorium
            
             .
             a
             It
             is
             true
             ,
             Baldus
             b
             esteemeth
             
               potestatem
               ,
               iurisdictionem
               &
               districtum
            
             ,
             to
             be
             all
             one
             .
          
           
             To
             conclude
             then
             ,
             since
             Papinian
             writes
             in
             
               finalibus
               quaestionibus
               vetera
               monumenta
               sequenda
               esse
            
             ;
             c
             what
             more
             
             evident
             monuments
             for
             our
             King
             his
             right
             in
             the
             narrow
             seas
             ,
             then
             these
             Isles
             of
             
               Gernsie
               ?
               &c.
            
             And
             for
             the
             Eastern
             seas
             ,
             direct
             from
             Scotland
             ,
             what
             is
             more
             antiently
             notorious
             than
             that
             covenant
             twixt
             Scottish
             men
             and
             Hollanders
             ,
             concerning
             the
             length
             of
             their
             approaching
             toward
             Scotland
             by
             way
             of
             fishing
             ?
          
           
             And
             thus
             farre
             through
             occasion
             of
             answering
             to
             that
             alleadged
             impossibility
             ,
             of
             acquiring
             the
             Sea
             by
             occupation
             ,
             because
             (
             as
             would
             appeare
             )
             of
             the
             unsolidity
             therof
             ,
             for
             any
             foot
             treading
             .
             
             It
             rests
             to
             touch
             the
             other
             cause
             naturall
             ,
             for
             that
             other
             impossibility
             ,
             which
             may
             be
             the
             continuall
             fluxe
             and
             instability
             of
             the
             Sea
             ;
             in
             such
             sort
             ,
             that
             it
             would
             appeare
             not
             aye
             to
             be
             one
             and
             the
             selfe
             same
             body
             ,
             but
             daily
             changeable
             .
             For
             answer
             ,
             I
             must
             remember
             that
             which
             the
             Iurisconsult
             sets
             downe
             so
             prettily
             :
             d
             ,
             Suppose
             (
             sayes
             he
             )
             a
             certaine
             Colledge
             of
             Iudges
             ,
             or
             a
             Legion
             of
             Souldiers
             ,
             or
             the
             particular
             parts
             of
             a
             Ship
             ,
             or
             of
             a
             mans
             body
             ,
             should
             so
             continually
             and
             often
             be
             changed
             and
             altred
             ,
             that
             none
             of
             that
             first
             
             Colledge
             or
             Legion
             could
             be
             found
             alive
             ,
             nor
             yet
             any
             part
             of
             the
             Shippe
             or
             body
             could
             be
             so
             certainly
             demonstrate
             ,
             that
             it
             might
             be
             affirmed
             for
             the
             very
             same
             that
             it
             was
             at
             the
             first
             ;
             yet
             if
             that
             Colledge
             or
             ●egion
             be
             in
             number
             full
             ,
             and
             the
             ship
             or
             man
             whole
             and
             able
             in
             all
             the
             frame
             ,
             they
             shall
             be
             accounted
             and
             esteemed
             not
             to
             be
             new
             ,
             but
             to
             be
             the
             very
             same
             which
             they
             were
             at
             the
             beginning
             :
             even
             so
             ,
             however
             the
             sea
             many
             waies
             and
             hourly
             changes
             ,
             in
             the
             small
             parts
             thereof
             ,
             by
             the
             ordinary
             rush
             on
             land
             ,
             mixture
             with
             other
             
             waters
             ,
             swelling
             in
             it selfe
             ,
             exhalation
             and
             backe
             receipts
             thereof
             by
             raine
             ;
             yet
             since
             the
             great
             body
             of
             the
             Sea
             most
             constantly
             keepes
             the
             set
             place
             prescribed
             by
             the
             Creator
             ,
             I
             see
             not
             in
             this
             respect
             neither
             ,
             wherefore
             the
             nature
             of
             the
             Sea
             should
             not
             yeeld
             to
             occupation
             and
             conquest
             .
             And
             thus
             farre
             concerning
             
               Mare
               liberum
            
             his
             last
             and
             great
             conclusion
             ,
             against
             all
             appropriation
             thereof
             by
             people
             or
             Princes
             .
             I
             call
             it
             his
             last
             great
             conclusion
             ,
             because
             of
             other
             two
             passing
             before
             ,
             whereof
             the
             first
             is
             this
             ;
             
               Mare
               igitur
               proprium
               
               alicuius
               fieri
               non
               potest
               ,
               quia
               natur
               a
               iubet
               esse
               commune
               :
            
             e
             and
             for
             what
             reason
             ?
             Even
             because
             
               Cicero
               ,
               Virgil
            
             ,
             and
             Plautus
             have
             said
             so
             .
             To
             whom
             I
             could
             also
             assent
             concerning
             the
             great
             ,
             huge
             ,
             and
             maine
             body
             of
             the
             sea
             .
             His
             next
             conclusion
             is
             this
             ;
             
               Est
               igitur
               mare
               in
               numero
               eorum
               quae
               in
               commercio
               non
               ●unt
               ,
               hoc
               est
               ,
               quae
               proprij
               iuris
               fieri
               non
               possunt
               :
            
             f
             that
             is
             ,
             The
             Sea
             to
             be
             of
             that
             order
             of
             things
             ,
             which
             cannot
             bee
             appropriate
             to
             any
             man.
             His
             warrants
             for
             his
             conclusion
             also
             are
             the
             Romane
             Lawyers
             ,
             whom
             I
             said
             to
             be
             
             wrested
             by
             
               Mare
               liberum
            
             ;
             and
             therefore
             must
             shew
             the
             same
             ,
             contrary
             to
             his
             purpose
             indeed
             .
             Martianus
             ,
             g
             as
             the
             Authour
             of
             
               Mare
               liberum
            
             largely
             grants
             ,
             h
             saith
             ,
             that
             if
             any
             private
             man
             have
             himselfe
             alone
             ,
             by
             any
             lawfull
             space
             of
             time
             sufficient
             for
             a
             prescription
             ,
             kept
             and
             exercised
             fishing
             in
             any
             ●reeke
             or
             nooke
             of
             Sea
             ,
             which
             they
             call
             Diverticulum
             ;
             hee
             may
             forbid
             all
             others
             to
             fish
             therin
             :
             which
             Papinianus
             i
             also
             confirmeth
             .
             The
             which
             ,
             as
             I
             accept
             ,
             so
             I
             would
             further
             demand
             of
             him
             .
             By
             what
             reason
             should
             a
             private
             man
             ,
             
             who
             hath
             no
             other
             care
             nor
             respect
             but
             to
             himselfe
             alone
             ,
             be
             thus
             priviledged
             and
             preferred
             to
             a
             Prince
             ?
             who
             not
             for
             himselfe
             ;
             but
             for
             his
             people
             also
             in
             common
             ,
             yea
             and
             for
             the
             safety
             of
             all
             traders
             passing
             his
             coasts
             ,
             with
             great
             charges
             and
             care
             protects
             and
             conserveth
             the
             Seas
             neerest
             unto
             him
             :
             shall
             not
             this
             Prince
             be
             acknowledged
             ,
             at
             least
             with
             the
             good
             which
             that
             Sea
             ,
             conserved
             by
             him
             ,
             offers
             so
             directly
             to
             him
             ?
             And
             I
             pray
             you
             say
             ,
             What
             lesse
             authority
             had
             Leo
             than
             the
             rest
             of
             the
             Romane
             Emperours
             ,
             to
             grant
             to
             every
             
             one
             in
             particular
             ,
             having
             possessions
             at
             the
             Sea
             side
             ,
             as
             much
             of
             the
             ●ea
             as
             was
             neerest
             against
             their
             lands
             ,
             k
             with
             the
             fishings
             thereof
             ?
             What
             then
             ,
             shall
             not
             Princes
             be
             equalled
             ,
             in
             these
             cases
             ,
             with
             subjects
             ?
             Or
             rather
             ,
             have
             not
             all
             Princes
             a
             like
             right
             &
             power
             within
             their
             own
             precinct
             and
             bounds
             ,
             as
             these
             Roman
             Princes
             had
             ?
          
           
             But
             now
             to
             draw
             neerer
             to
             the
             chiefe
             point
             of
             our
             purpose
             ,
             and
             so
             to
             the
             end
             thereof
             :
             as
             I
             accepted
             
               Mare
               liberum
            
             his
             former
             large
             graunt
             ,
             so
             now
             also
             doe
             I
             more
             heartily
             embrace
             the
             
             next
             ,
             which
             is
             this
             ;
             When
             after
             these
             his
             conclusions
             ,
             he
             had
             said
             
               in
               tanto
               Mari
               siquis
               piscatu
               arceret
               ,
               insanae
               cupiditatis
               notam
               non
               effugeret
               :
            
             l
             he
             subjoynes
             according
             to
             that
             of
             Cicero
             ,
             m
             
               Quando
               sine
               detrimento
               suo
               quis
               potest
               alteri
               communicare
               in
               ijs
               quae
               sunt
               occupanti
               utilia
               &
               danti
               non
               molesta
               ,
               quid
               ni
               faceret
               :
            
             and
             subjoynes
             afterward
             ,
             n
             
               Et
               si
               quicquam
               eorum
               prohibere
               posset
               ,
               puta
               piscaturam
               ,
               qua
               dici
               quodammodo
               potest
               pisces
               exhauriri
               :
            
             that
             is
             to
             say
             ,
             If
             the
             uses
             of
             the
             Seas
             may
             bee
             in
             any
             respect
             forbidden
             and
             stayed
             ,
             
             it
             should
             be
             chiefly
             for
             the
             fishing
             ,
             as
             by
             which
             the
             fishes
             may
             be
             said
             to
             bee
             exhaust
             and
             wasted
             ;
             which
             ,
             daily
             experience
             these
             twenty
             ye●res
             past
             and
             more
             ,
             hath
             declared
             to
             be
             over
             true
             :
             for
             wheras
             aforetime
             the
             white
             fishes
             daily
             abounded
             even
             into
             all
             the
             shoares
             on
             the
             Easterne
             coast
             of
             Scotland
             ;
             now
             forsooth
             by
             the
             neere
             and
             daily
             approaching
             of
             the
             busse
             Fishers
             the
             sholes
             of
             fishes
             are
             broken
             ,
             and
             so
             farre
             scattered
             away
             from
             our
             shores
             and
             coasts
             ,
             that
             no
             fish
             now
             can
             be
             found
             worthy
             of
             any
             paines
             and
             travels
             ;
             to
             the
             impover●shing
             
             of
             all
             the
             sort
             of
             our
             home-fishers
             ,
             and
             to
             the
             great
             damage
             of
             all
             the
             Nation
             .
             Whereby
             ,
             I
             see
             at
             last
             ,
             the
             Author
             of
             
               Mare
               liberum
            
             not
             so
             addict
             to
             serve
             any
             mans
             particular
             desires
             ,
             as
             to
             answer
             (
             forsooth
             )
             to
             his
             profession
             of
             the
             lawes
             ,
             that
             is
             ,
             to
             allow
             the
             proper
             right
             for
             every
             man
             and
             nation
             ,
             and
             to
             hurt
             none
             ;
             according
             to
             the
             three
             generall
             precepts
             of
             all
             lawes
             ,
             set
             down
             by
             Caius
             ,
             o
             and
             after
             him
             by
             ●ribonianus
             :
             p
             
               Honestè
               vivere
               ;
               alterum
               non
               laedere
               ;
               &
               ius
               suum
               cuique
               tribuere
               :
            
             whereof
             the
             second
             tryes
             and
             rules
             the
             
             rest
             ;
             according
             to
             the
             vulgar
             saying
             out
             of
             Pomponius
             ,
             q
             
               Neminem
               debere
               cum
               alterius
               damno
               locupletari
               :
            
             and
             that
             of
             Tryphonius
             ,
             r
             
               Ex
               aliena
               iactura
               lucrum
               haurire
               non
               oportet
               .
            
             And
             therefore
             I
             would
             meet
             him
             with
             his
             deserved
             courtesie
             ;
             even
             to
             proclaime
             
               Mare
               liberum
            
             also
             :
             I
             meane
             that
             part
             of
             the
             maine
             Sea
             or
             great
             Ocean
             ,
             which
             is
             farre
             removed
             from
             the
             just
             and
             due
             bounds
             above
             mentioned
             ,
             properly
             pertaining
             to
             the
             neerest
             Lands
             of
             every
             Nation
             .
             
               Atque
               ita
               esto
               mare
               vastum
               liberrimum
               .
            
          
        
         
           
           
             TIT.
             XXVIII
             .
          
           
             Of
             War-fare
             shippes
             ,
             and
             of
             the
             Captaines
             and
             Companies
             thereof
             .
          
           
             ANd
             since
             wee
             have
             written
             above
             of
             priviledged
             shippes
             a
             amongst
             which
             the
             warfare-ships
             of
             Princes
             are
             first
             and
             chiefe
             )
             and
             somewhat
             of
             the
             conservacy
             of
             the
             Seas
             ,
             in
             the
             last
             title
             ;
             I
             cannot
             here
             passe
             the
             warfare-shippes
             unmentioned
             ,
             albeit
             not
             in
             such
             large
             manner
             and
             measure
             
             as
             their
             imployment
             now-a-dayes
             requires
             .
             As
             for
             the
             matter
             fit
             for
             their
             building
             ,
             and
             things
             necessary
             for
             their
             forth-setting
             and
             preparation
             to
             Sea
             ,
             I
             must
             refer
             the
             same
             to
             
               Iulius
               Ferretus
            
             ,
             and
             to
             Vegetius
             ,
             who
             have
             written
             largely
             thereupon
             .
             Some
             touch
             I
             have
             here
             subjoyned
             ,
             in
             the
             last
             Title
             of
             this
             Booke
             ,
             concerning
             the
             materials
             :
             as
             likewise
             somewhat
             is
             premitted
             concerning
             their
             priviledges
             ,
             in
             that
             Title
             of
             priviledged
             shippes
             .
             Therefore
             would
             I
             here
             set
             downe
             (
             but
             very
             briefly
             )
             some
             thing
             concerning
             the
             
             Captaines
             ,
             Commanders
             ,
             &
             Companies
             of
             the
             Prince
             his
             warfare-ships
             ,
             the
             graces
             &
             vertues
             required
             in
             them
             ,
             with
             their
             duties
             ,
             power
             and
             preferment
             .
          
           
             Captaines
             of
             Princes
             warfare-shippes
             should
             be
             men
             ,
             first
             ,
             fearing
             God
             ,
             because
             they
             must
             continually
             walke
             in
             the
             midst
             of
             the
             wondrous
             workes
             of
             God.
             Next
             ,
             they
             should
             be
             stout
             ,
             hardy
             ,
             and
             couragious
             .
             Thirdly
             ,
             vigilant
             ,
             diligent
             ,
             and
             carefull
             ;
             and
             therefore
             very
             temperate
             on
             Sea
             :
             b
             specially
             ,
             because
             their
             imployment
             ,
             as
             it
             is
             full
             of
             hazard
             and
             danger
             ,
             
             even
             so
             are
             their
             occasions
             and
             opportunities
             sudden
             and
             momentanie
             .
             Therefore
             their
             commandement
             and
             power
             over
             their
             company
             ,
             not
             onely
             surpasseth
             the
             power
             of
             Masters
             and
             Commanders
             of
             private
             shippes
             ,
             but
             also
             that
             of
             the
             Captaines
             on
             land
             ;
             and
             therefore
             their
             honour
             and
             estimation
             every
             way
             higher
             also
             ,
             because
             of
             their
             greater
             charge
             ,
             care
             ,
             and
             hazard
             .
             Their
             duty
             toward
             their
             company
             ,
             is
             first
             ,
             that
             they
             chuse
             such
             as
             bee
             free
             from
             hainous
             and
             scandalous
             offences
             .
             c
             Next
             ,
             
             that
             they
             suffer
             none
             of
             their
             company
             to
             bee
             idle
             ,
             but
             to
             punish
             as
             well
             the
             sluggard
             as
             the
             rebellious
             :
             d
             yea
             ,
             even
             those
             who
             are
             irreverent
             towards
             them
             ;
             e
             and
             againe
             ,
             should
             with
             all
             loving
             care
             see
             to
             the
             due
             food
             of
             their
             company
             ,
             heare
             their
             mutuall
             plaints
             ,
             hold
             them
             in
             peace
             by
             all
             obedience
             ,
             visit
             ,
             refresh
             ,
             and
             with
             all
             helpes
             comfort
             the
             hurt
             and
             diseased
             .
             f
             As
             for
             the
             Captaines
             their
             other
             duties
             to
             the
             Prince
             and
             Admirall
             ,
             with
             their
             owne
             priviledges
             ,
             they
             are
             all
             gathered
             out
             of
             old
             customes
             ,
             
             and
             at
             large
             set
             downe
             in
             that
             Booke
             called
             
               L'
               Admirall
               de
               France
            
             .
          
        
         
           
           
             TIT.
             XXIX
             .
          
           
             Of
             Watermen
             and
             Ferriers
             .
          
           
             FErryers
             and
             Watermen
             are
             bound
             to
             serve
             all
             true
             Lieges
             for
             their
             due
             fare
             ;
             a
             so
             that
             they
             may
             be
             compelled
             thereunto
             :
             b
             and
             most
             ,
             justly
             ,
             because
             it
             was
             in
             their
             owne
             hand
             and
             power
             from
             the
             beginning
             to
             give
             and
             apply
             themselves
             to
             that
             calling
             and
             trade
             ,
             or
             not
             .
             And
             if
             therefore
             they
             
             faile
             ,
             it
             shall
             be
             ,
             according
             to
             the
             law
             of
             Scotland
             ,
             a
             point
             of
             dittay
             or
             inditement
             against
             them
             in
             the
             first
             Iustice-court
             ;
             and
             if
             they
             transgresse
             unto
             the
             third
             time
             ,
             they
             may
             be
             suspended
             from
             their
             trade
             ,
             c
             except
             they
             can
             alleadge
             a
             just
             cause
             ;
             as
             ,
             of
             feud
             or
             hostility
             .
          
           
             Item
             ,
             it
             is
             ordained
             ,
             for
             the
             easier
             boating
             and
             landing
             of
             men
             and
             beasts
             ,
             that
             Ferriers
             make
             ,
             and
             have
             ready
             ,
             fit
             and
             convenient
             bridges
             ,
             or
             else
             to
             lose
             their
             Boats.
             
             d
          
           
             Lastly
             ,
             Ferriers
             and
             Watermen
             
             are
             no
             lesse
             bound
             ,
             than
             Skippers
             and
             Masters
             of
             shippes
             ,
             to
             render
             againe
             what-ever
             they
             receive
             to
             bee
             carried
             within
             their
             Boats.
             
             e
          
           
             But
             concerning
             their
             ordinary
             fares
             and
             hires
             ,
             it
             is
             neither
             needfull
             nor
             expedient
             in
             this
             place
             to
             recite
             the
             divers
             statutes
             made
             thereupon
             ;
             because
             that
             first
             they
             are
             at
             great
             length
             set
             downe
             in
             the
             Statutes
             of
             England
             and
             Scotland
             :
             next
             ,
             because
             their
             fraughts
             have
             beene
             ,
             according
             to
             the
             rate
             of
             times
             ,
             changed
             and
             altered
             even
             to
             the
             triple
             ,
             as
             
             specially
             in
             Scotland
             f
             So
             that
             now
             also
             ,
             according
             to
             the
             condition
             of
             this
             time
             ,
             their
             portage
             ,
             fraughts
             or
             fare
             ,
             may
             be
             of
             new
             considered
             by
             his
             Majestie
             ,
             or
             Admiralls
             ,
             according
             to
             the
             quality
             of
             the
             boats
             ,
             and
             the
             space
             of
             passage
             and
             time
             ,
             either
             shorter
             ,
             longer
             ,
             or
             hazardfuller
             ,
             during
             their
             service
             ;
             but
             with
             a
             due
             Proviso
             ,
             for
             the
             repressing
             of
             their
             rude
             and
             uncivill
             manners
             .
             For
             truely
             ,
             if
             the
             Roman
             Iurisconsults
             might
             of
             old
             by
             any
             reason
             call
             Mariners
             ,
             in
             generall
             ,
             
               Pessimum
               genus
               hominum
            
             ,
             g
             (
             which
             in
             these
             
             latter
             dayes
             for
             the
             most
             part
             is
             amended
             ,
             partly
             through
             Christianity
             and
             civill
             conversation
             ,
             &
             partly
             ;
             by
             good
             lawes
             ,
             praise
             be
             to
             God
             )
             then
             may
             wee
             now
             use
             that
             same
             still
             ,
             at
             least
             against
             the
             most
             part
             of
             Watermen
             and
             Ferriers
             ;
             as
             requiring
             to
             be
             reformed
             ,
             or
             at
             least
             by
             correction
             repressed
             .
             *
          
        
         
           
           
             TIT.
             XXX
             .
          
           
             Of
             Shipwrights
             .
          
           
             TO
             conclude
             this
             Treatise
             ,
             there
             remaineth
             a
             speciall
             sort
             of
             persons
             to
             be
             considered
             and
             respected
             ,
             as
             the
             forgers
             and
             framers
             of
             the
             instrumentall
             causes
             of
             all
             Sea-faring
             ;
             to
             wit
             ,
             Shippe-wrights
             ,
             and
             builders
             of
             Ships
             or
             Boats
             ,
             called
             by
             the
             Romans
             ,
             imitating
             the
             Grecians
             ,
             Naupegi
             :
             and
             by
             the
             Italians
             ,
             following
             
             the
             latter
             Grecians
             ,
             Calafatti
             ,
             as
             is
             above
             described
             ;
             a
             and
             therefore
             subject
             to
             the
             jurisdiction
             of
             the
             Admiralty
             b
             as
             accountable
             to
             the
             Admirall
             and
             his
             Iudges
             )
             as
             accessories
             of
             sea
             causes
             ,
             for
             their
             skill
             ,
             diligence
             ,
             and
             dutifull
             discharge
             in
             every
             respect
             ,
             by
             a
             frame
             not
             onely
             likely
             &
             comely
             ,
             but
             a
             worke
             also
             strong
             ,
             ticht
             ,
             and
             durable
             :
             or
             else
             they
             must
             undergoe
             the
             pains
             of
             the
             law
             ,
             called
             
               Lex
               Aquilia
            
             ;
             that
             is
             to
             say
             ,
             all
             costs
             and
             scath
             happening
             by
             their
             unskilfulnesse
             ,
             negligence
             ,
             or
             what-ever
             other
             fault
             or
             amisse
             .
             c
          
           
           
             And
             therefore
             ,
             first
             touching
             the
             materials
             ,
             they
             should
             not
             onely
             furnish
             the
             same
             good
             and
             sufficient
             ,
             but
             also
             ,
             if
             the
             furniture
             pertain
             not
             to
             them
             ,
             they
             must
             refuse
             to
             take
             from
             the
             furnishers
             bad
             and
             vnmeet
             geare
             and
             stuffe
             for
             the
             worke
             .
             d
             As
             for
             example
             ,
             Aller
             ,
             Beech
             trees
             ,
             and
             such
             like
             brickle
             and
             naughty
             timber
             for
             salt-water
             ,
             or
             for
             the
             seas
             .
             Neither
             should
             they
             put
             greene
             timber
             in
             worke
             ;
             but
             ought
             to
             fore-see
             if
             they
             can
             ,
             that
             their
             wood
             be
             cut
             downe
             either
             at
             the
             wane
             of
             the
             Moone
             ,
             and
             in
             the
             deepe
             of
             Winter
             ,
             or
             at
             
             such
             time
             as
             experience
             declares
             wood
             to
             be
             most
             solide
             and
             durable
             .
             For
             timber
             cut
             at
             the
             contrary
             times
             ,
             is
             commonly
             full
             of
             moysture
             ;
             and
             therefore
             being
             afterward
             dryed
             ,
             becomes
             clung
             ,
             and
             open
             to
             receive
             water
             .
          
           
             The
             like
             care
             and
             skill
             is
             required
             in
             the
             iron
             ,
             and
             all
             other
             necessaries
             ,
             to
             the
             end
             that
             the
             workes
             may
             prove
             strong
             ,
             durable
             ,
             right
             ,
             and
             comely
             .
             This
             being
             done
             ,
             it
             resteth
             to
             consider
             their
             hires
             and
             fees
             :
             which
             because
             they
             ordinarily
             depend
             on
             the
             conditions
             agreed
             upon
             with
             the
             party
             ,
             which
             
             also
             commonly
             is
             cavelled
             withall
             before
             a
             full
             performance
             of
             their
             worke
             ,
             upon
             surmises
             and
             quarrels
             ;
             therefore
             to
             occurre
             to
             all
             such
             doubts
             and
             discords
             ,
             the
             contracts
             of
             such
             bargaines
             should
             be
             (
             after
             the
             example
             of
             other
             seafaring
             dealings
             )
             made
             before
             the
             Admiralls
             deputy
             ▪
             or
             Iudge
             ,
             and
             registred
             in
             their
             bookes
             .
             d
          
           
             Last
             of
             all
             ,
             as
             Shippe-wrights
             were
             of
             old
             ,
             e
             so
             are
             they
             also
             of
             late
             ,
             forbidden
             ,
             f
             under
             paine
             of
             treason
             ,
             to
             communicate
             their
             skill
             and
             Art
             to
             enemies
             and
             barbarous
             people
             .
             g
          
           
           
             Likewise
             ,
             they
             are
             forbidden
             (
             as
             are
             also
             all
             other
             societies
             of
             handy-crafts-men
             and
             trades-men
             )
             to
             conspire
             among
             themselves
             to
             enhance
             their
             wages
             ,
             or
             hire
             ,
             or
             to
             receive
             excessive
             wages
             .
             h
          
           
             FINIS
             .
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A14929-e650
           
             a
             Gellius
             ,
             lib.
             7.
             
             Cap.
             3.
             
          
           
             b
             Strab.
             geogr.
             lib.
             12.
             cap.
             14.
             
          
           
             c
             Ibid.
             
          
           
             d
             Vide
             Il.
             Rhodior
             .
             in
             prin
             .
          
           
             e
             L.
             deprecatio
             ad
             L.
             Rhod.
             e●
             c.
             rhodiae
             leges
             .
             distinct
             .
             2.
             
          
           
             f
             L.
             1.
             sect
             .
             licet
             .
             de
             exerc
             .
             act
             .
          
           
             g
             Suet●
             .
             ca.
             218.
             
          
           
             h
             De
             situ
             orbis
             .
          
           
             i
             Lib.
             7.
             natur
             .
             histor
             .
             vide
             ●zechiam
             .
             c.
             27.
             
          
           
             k
             Dotimus
             in
             lib.
             suo
             legoli
             .
          
           
             l
             Vide
             act
             .
             par
             .
             lia
             .
             Scot.
             
          
           
             m
             Vide
             statut
             .
             Ang.
             
          
           
             a
             L.
             1.
             de
             ,
             exercit
             .
             act
             .
          
           
             b
             L.
             1.
             ad
             l.
             Rhod.
             
          
           
             a
             Livius
             lib.
             ●
             .
          
           
             b
             L.
             Seius
             Saturninus
             ad
             S.
             C.
             trebell
             .
          
           
             c
             Vide
             fragmenta
             ascripta
             Polybio
             .
          
           
             d
             Vide
             Alberic
             .
             ad
             novell
             .
             17.
             
             &
             24.
             
          
           
             e
             L.
             à
             proconsulibus
             .
             C.
             de
             appell
             .
          
           
             f
             Tòm.
             1.
             c.
             ●35
             regist
             .
             Scot.
             
          
           
             g
             L'
             Admirall
             de
             France
             .
          
           
             h
             Vide
             diplomata
             admiralior
             .
             in
             utroque
             regno
             .
             Vide
             latè
             de
             off
             .
             Admir
             .
             Ang
             
          
           
             i
             L'
             Admirall
             de
             France
             .
          
           
             a
             L'
             Admirall
             de
             France
             .
          
           
             b
             Eodem
             .
          
           
             c
             Eodem
             .
          
           
             d
             Secundum
             act
             .
             parliam
             .
             Iac.
             ●
             .
             cap.
             27.
             
          
           
             e
             L'
             Admirall
             de
             France
             .
          
           
             f
             Looke
             the
             Charter
             of
             the
             Trinity
             house
             on
             Thames
             .
          
           
             g
             L'
             Admirall
             de
             France
             .
          
           
             h
             Kintor
             .
             art
             .
             45
             
          
           
             a
             Il
             consolato
             del
             mare
             .
          
           
             b
             Eodem
             .
          
           
             a
             Perladeprecatio
             ad
             l.
             Rhod.
             Bald.
             in
             l
             observan
             .
             in
             sect
             .
             antiquam
             de
             off
             .
             proc●ns
             .
          
           
             b
             Innoc●nt
             .
             in
             e.
             vlim
             de
             ●erb
             .
             Sig.
             
          
           
             c
             Per
             l.
             1.
             de
             vent
             inspic
             .
          
           
             d
             L.
             de
             submersis
             C.
             de
             nauf
             .
             lib.
             11.
             
          
           
             e
             Vide
             rotam
             genuae
             ,
             &
             DD.
             
          
           
             f
             ●artol
             .
             Lu●ius
             &
             Iohannes
             ad
             d.
             l
             :
             de
             submersis
             .
          
           
             g
             Secundum
             l.
             illum
             de
             Pet.
             hered
             .
          
           
             h
             DD.
             i●
             c.
             proposu
             〈◊〉
             .
             de
             sor
             .
             comp
             ●
             .
          
           
             i
             L'
             Admirall
             de
             France
             .
          
           
             k
             Si
             quis
             .
             10.
             
             C.
             de
             naufrag
             .
          
           
             l
             L.
             Fin.
             ad
             l.
             Rhod.
             
          
           
             m
             L.
             quoties
             .
             de
             naufrag
             .
          
           
             mm
             Vide
             statut
             .
             Ang.
             
          
           
             n
             L.
             de
             unoqu●que
             .
             dere
             iudica
             .
             &
             L.
             quoties
             .
             C
             de
             naufrag
             .
             lib.
             11.
             
          
           
             o
             De
             l.
             quoties
             .
          
           
             p
             Il
             conselato
             artic
             .
             221.
             
             &
             222.
             
          
           
             q
             Consent
             of
             ●ll
             sea
             lawes
             .
          
           
             r
             De
             offic
             .
             Admi
             .
             Ang.
             in
             fin
             .
             cum
             ibi
             citatis
             .
          
           
             s
             Ibid.
             
          
           
             t
             Il
             conselato
             4●
             
          
           
             u
             Denmarke
             .
          
           
             a
             L.
             1.
             &
             passim
             .
             ad
             l.
             rhod
             .
             &
             l.
             1.
             parag
             ▪
             ●●naur
             ,
             caup
             .
          
           
             b
             Vide
             l.
             semper
             de
             iur
             .
             immun
             ita
             .
             &
             l.
             3.
             
             C.
             de
             navicular
             .
             Vide
             Vegetium
             de
             re
             militar
             .
          
           
             c
             Vide
             lege●
             navales
             Rhodior
             .
          
           
             d
             Il
             consolato
             ▪
             
          
           
             e
             Vide
             dd
             .
             Il.
             navales
             ,
             &
             Plautum
             in
             ruden●●
             .
          
           
             f
             Vide
             dd
             .
             Il
             selec
             .
             Rhod.
             
          
           
             *
             Lib.
             23
             ▪
             
          
           
             g
             Vide
             il
             consola
             .
          
           
             h
             Vide
             dd
             Il.
             Selec
             .
          
           
             i
             Vide
             il
             consol
             .
          
           
             k
             Ferretus
             de
             re
             &
             iure
             navali
             .
          
           
             l
             L.
             1.
             parag
             2
             ,
             naut
             .
             caup
             .
          
           
             m
             Il
             consolato
             .
          
           
             n
             Vide
             Budaeum
             ad
             l.
             1.
             naut
             .
             caup
             .
          
           
             o
             Vide
             l.
             debet
             .
             parag
             .
             haec
             actio
             .
             naut
             .
             caup
             .
          
           
             a
             Il
             naval
             .
             rhod
             .
             select
             .
             art
             .
             20.
             
          
           
             b
             Vide
             Bartol
             .
             in
             l
             que●
             rerum
             .
             parag
             .
             Si
             navem
             .
             de
             leg
             1.
             argumento
             l.
             Labeo
             de
             .
             Supel
             .
             ligat
             .
             &c.
             
          
           
             c
             Cap
             17.
             
             &
             130.
             art
             .
             Iaco●
             .
             3.
             
             Vide
             de
             Il.
             Rhod.
             
          
           
             d
             d.
             art
             .
             20.
             
          
           
             e
             Art.
             19.
             
             Il.
             naval
             .
             Rhod.
             
          
           
             *
             Per
             legem
             item
             parag
             .
             Si
             in
             lege
             l.
             ca.
             
          
           
             f
             Oleron
             .
          
           
             g
             Per
             l.
             si
             ,
             ex
             conducto
             ,
             &
             l.
             si
             item
             fundus
             ,
             &
             l.
             haec
             distinctio
             &
             d.
             l.
             si
             in
             .
             lege
             .
             loca
             .
          
           
             h
             d
             ,
             l.
             ex
             conducto
             .
          
           
             i
             〈…〉
             navalium
             .
          
           
             k
             Art.
             29.
             cod
             .
          
           
             m
             d
             l.
             si
             in
             lege
             ,
             &
             l.
             ult
             .
             ad
             l.
             rhod
             .
             &
             d.
             l.
             ex
             conducto
             .
          
           
             n
             l.
             ult
             .
             loca●
             .
          
           
             o
             Oleron
             ,
             &
             l.
             ult
             .
             adc
             .
             Rhod.
             
          
           
             p
             d.
             l
             ult
             .
          
           
             q
             d.
             l.
             item
             .
          
           
             r
             l.
             3.
             de
             nauf
             C.
             Theodos.
             &
             l
             3.
             de
             nauf
             C.
             Iallin
             .
             lib.
             11.
             
          
           
             s
             V●de
             act
             .
             par
             .
          
           
             t
             l.
             u●ique
             parag
             .
             fin
             .
             &
             l
             qui
             petitorio
             .
             parag
             .
             fin
             .
             de
             vend
             .
             l.
             item
             queritor
             .
             sect
             .
             si
             navicularius
             .
             C.
             ●oca●
             &
             l.
             u●t
             .
             de
             naufrag
             .
          
           
             u
             la
             ro●l●
             Oleron
             .
          
           
             x
             art
             .
             2●
             l●g
             .
             naval
             .
             rhod
             .
          
           
             y
             Denmarke
             .
          
           
             z
             Oleron
             .
          
           
             *
             DD.
             in
             l.
             qu●
             romae
             parag
             .
             Callimachus
             .
             de
             verb
             oblig
             .
          
           
             a
             l.
             unica
             C.
             ne
             quid
             on●r
             pub
             .
             lib.
             1●
             .
          
           
             b
             c.
             17
             &c.
             〈…〉
             act
             .
             r.
             Iac.
             ●
             .
          
           
             c
             Il
             consolato
             del
             ma●e
             .
          
           
             d
             l.
             pe●
             .
             parag
             .
             si
             navis
             .
             loc
             .
             &
             l.
             si
             pecuniam
             .
             de
             cond
             .
             indeb
             .
             &
             l.
             qui
             fiscalis
             C.
             de
             navicul
             .
             lib.
             11.
             &
             l.
             quum
             proponas
             de
             naut
             .
             ●oen
             .
          
           
             e
             Per.
             l.
             quum
             proponas
             .
             ad
             l.
             rhod
             .
          
           
             f
             Per
             l.
             ●
             .
             C.
             d●
             nav
             .
             b.
             non
             excus
             &
             l.
             minim●
             .
             de
             espisc
             .
             aud●en
             ▪
             
          
           
             g
             Bat●
             .
             in
             l.
             in
             actionib
             .
             in
             fin
             .
             de
             in
             lit
             .
             iurand
             ,
             &
             in
             l.
             unic
             .
             furt
             .
             advers
             .
             naut
             .
          
           
             h
             Per
             l.
             item
             quae
             parag
             si
             ●ull●
             .
             loc
             .
          
           
             a
             l.
             1.
             de
             exercit
             .
             act
             .
          
           
             b
             d.
             l.
             1
             
          
           
             c
             Oleron
             .
          
           
             d
             Eod.
             
          
           
             e
             Eod.
             
          
           
             f
             Eod.
             
          
           
             g
             l.
             item
             Magister
             locat
             .
          
           
             h
             Oleron
             .
          
           
             i
             Denmarke
             .
          
           
             k
             Leges
             naval
             .
             Rhod.
             art
             .
             11.
             
          
           
             l
             Eod.
             art
             .
             38.
             
          
           
             m
             Art.
             44.
             eod
             .
          
           
             n
             Vide.
             l.
             1.
             parag
             .
             quadam
             de
             exercit
             .
          
           
             nn
             d.
             l.
             1
             parag
             .
             quaedam
             .
          
           
             n
             c
             27
             actor
             .
             per
             lac
             3
             &
             l'
             Admiral
             de
             France
             .
          
           
             o
             L'
             Admirall
             .
          
           
             p
             Il
             consolat
             del
             mar
             .
             at
             .
             delmar
             .
          
           
             q
             Eod.
             
          
           
             a
             T.
             T.
             nau●
             ,
             caup
             .
          
           
             b
             l.
             1.
             in
             fin
             .
             eodem
             .
          
           
             c
             l.
             3.
             eod
             .
          
           
             d
             d.
             l.
             1.
             parag
             .
             ●
             
          
           
             e
             Art.
             12
             ll
             .
             navalium
             .
          
           
             f
             l.
             1.
             depositi
             .
          
           
             f
             Eod.
             art
             .
             13.
             
          
           
             g
             Art.
             14.
             eod
             .
          
           
             h
             Oleron
             .
          
           
             i
             Eod.
             &c.
             17.
             &c.
             130.
             act
             .
             Iacob
             .
             3.
             
          
           
             k
             Oleron
             .
          
           
             l
             d.
             l.
             1.
             in
             fin
             .
             &
             l
             si
             vendita
             de
             perie
             .
             rei
             .
             vend
             .
             &
             l.
             5.
             
             &
             6.
             naut
             .
             caup
             .
          
           
             m
             d.
             l
             6.
             &
             l.
             7.
             eod
             .
          
           
             n
             d.
             l.
             7.
             
          
           
             o
             Vide
             d.
             l.
             7
             &
             l.
             unic
             .
             furt
             .
             ad
             naut
             .
             caup
             .
          
           
             p
             l.
             fin
             .
             naut
             .
             caup
             .
             &
             per
             l.
             itaque
             de
             ed.
             edict
             .
          
           
             q
             Bartol
             .
             &
             Iason
             in
             l.
             non
             solum
             parag
             .
             mortem
             .
             de
             nou
             oper
             .
             nunc
             .
          
           
             r
             Instit.
             de
             ob
             .
             qu●
             ex
             delict
             .
             parag
             fin
             .
          
           
             s
             l.
             quicu●
             alio
             .
             de
             rog
             .
             iur
             .
          
           
             t
             l.
             1.
             in
             fin
             .
             naut
             .
             caup
             .
          
           
             u
             Seund
             .
             fin
             .
             l.
             ult
             .
             ad
             l.
             Rhod.
             &
             l.
             quum
             proponas
             C.
             de
             naut
             .
             s●●nor
             .
          
           
             x
             Accursius
             in
             l.
             5.
             naut
             .
             caup
             .
             per
             l.
             mela
             ad
             l.
             aq
             .
          
           
             y
             Per.
             l
             itaque
             de
             furtis
             .
          
           
             z
             La
             reol
             d'
             Oleron
             .
          
           
             a
             Per
             l.
             quantae
             :
             de
             pu●
             .
          
           
             b
             Per
             l.
             fin
             .
             parag
             .
             si
             propter
             necessi●atem
             eod
             .
          
           
             a
             Oleron
             .
          
           
             b
             Per.
             l.
             1.
             de
             exerc
             .
             act
             .
             &
             l.
             fin
             .
             naut
             .
             caup
             .
          
           
             c
             Art.
             5.
             ll
             .
             naual
             .
          
           
             d
             Art.
             6.
             eod
             .
          
           
             e
             Per.
             l.
             ulr
             .
             ad
             l.
             Rhod.
             
          
           
             f
             Oleron
             .
          
           
             g
             Eod.
             
          
           
             h
             Art
             46.
             il
             .
             naval
             .
          
           
             i
             ll
             consolato
             .
          
           
             a
             Oleron
             ,
             &
             il
             consolato
             .
          
           
             b
             Il
             consolato
             .
             cap.
             160.
             
          
           
             c
             Denmarke
             .
          
           
             d
             Oleron
             .
          
           
             e
             Eodem
             .
          
           
             f
             Denmark
             .
             Oleron
             .
          
           
             g
             Denmark
             .
          
           
             h
             Denmark
             .
          
           
             i
             Eodem
             .
          
           
             k
             Eodem
             .
          
           
             l
             Oleron
             .
          
           
             m
             Eodem
             .
          
           
             n
             Eodem
             .
          
           
             o
             Eodem
             .
          
           
             p
             Il
             consolato
             .
          
           
             q
             Oleron
             .
          
           
             r
             Denmark
             ,
             &
             Oleron
             .
          
           
             s
             Eodem
             .
          
           
             t
             Il
             consolato
             del
             ma●e
             .
          
           
             u
             Eodem
             .
          
           
             x
             Oleron
             .
             Denmarke
             .
             Kinror
             .
          
           
             y
             Bald.
             in
             l.
             certi
             iuris
             .
             loc
             .
          
           
             z
             l.
             nemo
             .
             de
             reg
             .
             iur
             .
             &
             l.
             plerunque
             .
             de
             in
             ius
             voc
             .
          
           
             a
             Il
             consolato
             .
          
           
             b
             L'
             Admirall
             de
             France
             .
          
           
             a
             Oleron
             ,
             &
             arg
             bult
             .
             ad
             l.
             rhod
             .
          
           
             b
             Oleron
             &
             il
             consolat
             .
          
           
             c
             Denmark
             .
          
           
             a
             L.
             r.
             de
             foen
             .
             naut
             .
          
           
             b
             L.
             periculi
             .
             eod
             .
          
           
             c
             Vide
             passim
             ad
             .
             ll
             .
             de
             foen
             .
             naut
             .
             &
             ad
             .
             ll
             .
             naval
             .
             Rhod.
             
          
           
             d
             Vide
             l.
             3.
             
             C.
             de
             foen
             .
             naut
             .
          
           
             e
             Art.
             15.
             
             &
             16
             Leg.
             naval
             .
          
           
             f
             Art.
             17.
             eod
             .
          
           
             g
             d.
             art
             .
             17.
             
          
           
             h
             Art.
             18.
             eod
             .
          
           
             a
             Parag.
             exercitor
             .
             iust
             .
             de
             ob
             .
             ex
             quasi
             delic
             .
             T.
             T.
             naut
             .
             coup
             .
          
           
             b
             eod
             .
             ibid.
             
          
           
             c
             d.
             l.
             1.
             2.
             
             &
             3.
             eod
             .
          
           
             d
             l.
             4
             in
             prin
             .
             eod
             .
          
           
             e
             d.
             l.
             1.
             &
             l.
             qui
             cum
             ali●
             de
             reg
             .
             iur
             .
          
           
             f
             l.
             ult
             ▪
             de
             exer
             .
             act
             .
          
           
             ff
             Per
             l.
             interdum
             .
             cum
             seq
             .
             Qui
             p●tior
             in
             pig
             .
          
           
             g
             Passim
             .
             d.
             l.
             1.
             
          
           
             h
             d.
             l.
             1.
             parag
             .
             10.
             
          
           
             i
             l.
             2.
             sect
             .
             6.
             〈◊〉
             l.
             Rhod.
             
          
           
             k
             Oleron
             .
          
           
             a
             l.
             fin
             .
             C.
             prosocio
             .
             &
             pass
             .
             inst
             .
             &
             D.
             eod
             .
          
           
             b
             L.
             in
             hoc
             parag
             .
             si
             conveniat
             .
             pro
             soc
             .
          
           
             c
             Denmark
             .
             cum
             ll
             .
             hic
             seq
             .
          
           
             d
             l.
             arboribus
             parag
             .
             naves
             de
             usufr.
             
          
           
             e
             Glossa
             in
             l.
             si
             navis
             .
             &
             iuris
             .
             in
             l.
             utique
             para
             .
             culp●
             de
             r●iundic
             .
             &
             l.
             arborib
             .
             parag
             navi●
             .
             de
             usufruct
             .
          
           
             f
             consolato
             .
          
           
             g
             Maerobius
             lib.
             2.
             c.
             6.
             
          
           
             h
             Secundum
             citata
             ,
             &
             Secundum
             .
             l.
             bona
             fides
             .
             Deposit
             .
          
           
             a
             Oleron
             .
          
           
             b
             Il
             consolato
             .
          
           
             c
             Art
             3●
             .
             Il
             maval
             .
             select
             .
          
           
             d
             Oleron
             .
          
           
             e
             l.
             1.
             
             &
             2.
             ad
             l.
             rhod
             .
          
           
             f
             d.
             l.
             2.
             &
             oleron
             
          
           
             g
             eod
             .
          
           
             h
             d.
             l.
             2.
             
          
           
             i
             l.
             17.
             &c.
             130
             actor
             .
             Iacob
             .
             3.
             
          
           
             k
             Arg.
             l
             Vnie
             .
             C.
             ne
             quid
             oner
             .
             public
             .
          
           
             l
             Per.
             l.
             si
             fide
             .
             iussor
             .
             D.
             qui
             satisd
             .
             cog
             .
          
           
             m
             d.
             l.
             2
             &
             l.
             navis
             eod
             .
          
           
             n
             l.
             amissae
             .
             eod
             .
             &
             Oleron
             .
          
           
             o
             d.
             l.
             1.
             &
             il
             consol
             .
             del
             .
             mar
             .
          
           
             p
             Per.
             l.
             conse●su
             .
             C.
             de
             repud
             :
             &
             l.
             qu●ties
             .
             C.
             de
             naufrag
             .
             &c.
             veniens
             .
             extr
             .
             de
             testib
             .
             &c.
             2.
             de
             pr●bat
             .
          
           
             q
             Il
             consolato
             del
             mar
             .
          
           
             a
             Vide
             lat●
             .
             l.
             2.
             ad
             l.
             rhod
             .
          
           
             a
             Vide
             l.
             navis
             4.
             ad
             .
             l.
             rhod
             .
          
           
             a
             Oleron
             .
          
           
             b
             L.
             1.
             verse
             quod
             convenit
             .
             depos
             .
          
           
             c
             d.
             l.
             navis
             .
             &
             l.
             amissae
             ad
             l.
             rhod
             .
          
           
             d
             Oleron
             .
          
           
             e
             Eod.
             
          
           
             f
             eod
             .
             &
             l.
             quemadmodum
             .
             parag
             .
             si
             navis
             ad
             .
             l.
             Aquil.
             
          
           
             g
             d.
             l.
             quemadmodum
             .
             parag
             .
             si
             navis
             ad
             .
             l.
             Aquil
             
          
           
             h
             Art.
             3.
             6.
             11
             
             ▪
             naval
             .
             rhod
             .
          
           
             k
             Iust.
             in
             pr.
             qu●b
             .
             mod
             .
             re
             contrab
             .
             ob
             .
             ●e
             .
             l.
             2.
             si
             cert
             .
             peti
             .
          
           
             l
             quod
             convenit
             de
             verb.
             ob
             .
          
           
             m
             Vidd
             .
             l.
             in
             menave
             .
          
           
             a
             l.
             2.
             in
             fin
             .
             ad
             l.
             rhod
             .
             &
             il
             consolato
             .
          
           
             b
             d.
             l.
             navis
             &
             l.
             pretia
             .
             ubi
             bartol
             .
             ut
             ad
             .
             l.
             7.
             
             C.
             de
             prog
             .
             milit●r
             .
             lib.
             12.
             
          
           
             c
             Per.
             l.
             si
             ●ideiussor
             .
             Qu●
             .
             satisd
             .
             cog
             .
          
           
             d
             l.
             2
             ad
             l.
             rhod
             .
          
           
             e
             d.
             l.
             2.
             in
             fin
             .
          
           
             f
             l.
             1.
             de
             dol
             .
             mal
             .
             excep
             .
             &
             l.
             si
             non
             sortem
             .
             de
             cond
             .
             in
             de
             .
          
           
             g
             l.
             1.
             parag
             ,
             rediguntur
             .
             D.
             quod
             vi
             ●ut
             clam
             .
          
           
             a
             l.
             1.
             de
             navicul
             .
             c.
             lib.
             11.
             
          
           
             b
             Auth.
             〈◊〉
             filiu●
             pre
             patre
             .
          
           
             c
             l.
             5.
             de
             navicular
             .
             C.
             lib.
             11.
             
          
           
             d
             l.
             ult
             .
             eod
             .
          
           
             e
             Art.
             49.
             
             Il.
             selectar
             .
             naval
             .
          
           
             f
             Vide
             Tit.
             de
             navib
             .
             non
             excusand
             .
             C.
             
          
           
             g
             de
             offic
             .
             admir
             .
             Ang.
             
          
           
             h
             Albericus
             ad
             tit
             .
             naut
             .
             caup
             .
             &
             in
             l.
             unic
             .
             furt
             .
             adver
             ▪
             naut
             .
             caup
             .
          
           
             i
             Bart.
             &
             Bald.
             in
             d.
             l.
             unic
             .
          
           
             k
             Wis●i●
             c.
             10.
             
          
           
             l
             Qui
             navium
             de
             privileg
             .
             creditorum
             .
          
           
             m
             C.
             Innocentius
             .
             de
             for
             .
             comp
             .
          
           
             a
             138.
             actor
             .
             Iacob
             .
             1.
             
          
           
             b
             L.
             1.
             
             C.
             de
             naufrag
             .
             &
             auth
             .
             naufragia
             ,
             C.
             de
             furt
             .
          
           
             c
             l.
             1.
             in
             pr.
             de
             incend
             .
             ruin
             .
             l.
             in
             eum
             cum
             auth
             .
             seq
             .
             de
             furt
             .
          
           
             d
             l.
             3.
             in
             fin
             .
             de
             incend
             ru
             .
             nauf
             .
          
           
             e
             l.
             Pedius
             4.
             eod
             .
          
           
             f
             Arg.
             l.
             Sacc●larij
             de
             extraord
             .
             crim
             .
          
           
             *
             Gaius
             l.
             5.
             de
             rer
             .
             divis
             .
          
           
             g
             Tom.
             1.
             regis●
             .
             Scot.
             
          
           
             h
             Per
             d.
             arg
             .
             l
             Saccula
             .
             ●i
             .
          
           
             i
             Per
             l.
             10.
             de
             incend
             .
             ruin
             .
             nauf
             .
          
           
             ii
             l.
             ne
             piscatores
             eod
             .
          
           
             k
             l.
             ne
             quid
             eod
             .
             &
             auth
             .
             naufragia
             .
             C.
             de
             furt
             .
          
           
             l
             m.
             Cod.
             Theodo
             .
          
           
             m
             l.
             si
             quis
             .
             C.
             de
             naufrag
             .
             lib
             11.
             
          
           
             n
             Vide
             l.
             de
             Submersis
             .
             eod
             .
          
           
             o
             Art.
             37.
             leg
             .
             naval
             .
             Rhod.
             
          
           
             p
             Art.
             40.
             eod
             .
          
           
             q
             Art.
             39.
             eod
             .
          
           
             r
             Art
             37.
             eod
             .
          
           
             a
             Faber
             &
             alij
             inst
             .
             de
             rer
             .
             divis
             .
             sect
             .
             pen.
             
          
           
             b
             per
             l.
             Pomponius
             .
             parag
             .
             fin
             .
             de
             acquir
             .
             rer
             .
             dom
             .
          
           
             c
             Faber
             .
             d.
             parag
             .
             pen.
             
          
           
             d
             Art.
             45.
             
             &
             46
             Il.
             nava●
             .
             Rhod.
             
          
           
             e
             dd
             .
             art
             .
          
           
             f
             Auth.
             omnes
             peregrini
             communio
             de
             successionib
             .
          
           
             g
             Oleron
             .
          
           
             h
             Eod
             ,
          
           
             i
             Vide
             statu
             .
             regis
             Alex.
             Scot
             
          
           
             k
             L'
             Admirall
             de
             France
             .
          
           
             l
             Vide
             de
             off
             .
             Adm.
             Ang●
             .
          
           
             m
             Per
             diplomata
             .
          
           
             n
             l.
             Si
             is
             qui.
             63.
             in
             fin
             .
             de
             acq
             .
             rer
             .
             dom
             .
          
           
             o
             L'
             Admiral
             de
             France
             .
             &
             d.
             depl
             .
          
           
             p
             Per
             dd
             .
             diplo
             .
             &
             de
             off
             .
             Adm.
             
          
           
             a
             Per
             l.
             Pomponius
             de
             acq
             .
             rei
             dom
             .
          
           
             b
             Per
             l.
             mulier
             .
             de
             cap.
             &
             post
             .
          
           
             c
             Per
             d.
             l.
             Pomponius
             ,
             &
             per
             l.
             in
             bello
             .
             parag
             .
             si
             quis
             seruum
             in
             pr●ae
             capt
             .
             &
             post
             .
          
           
             d
             Gen.
             14.
             
          
           
             e
             Deu.
             20.
             
          
           
             f
             1
             Reg.
             30
             ,
          
           
             g
             c.
             dicat
             aliquis
             parag
             .
             23.
             q.
             5.
             &c.
             ius
             milita
             .
             re
             dist
             .
             1.
             
          
           
             h
             L'
             Admirall
             de
             France
             .
          
           
             i
             Tom.
             1.
             c.
             24.
             ●●gist
             .
             Scot.
             
          
           
             k
             Per.
             l.
             postliminium
             .
             parag
             .
             postliminio
             .
             de
             .
             cap.
             &
             postlim
             .
          
           
             l
             Per
             l.
             libertas
             .
             de
             reg
             .
             iur
             .
          
           
             m
             Deut.
             14.
             16.
             
          
           
             n
             2
             Reg
             14.
             6.
             
             &
             2
             Chr.
             25.
             4.
             
          
           
             o
             Ier.
             29.
             3.
             
             Ezech.
             18.
             20.
             
          
           
             p
             Vide
             an●hent
             .
             imo
             .
             C.
             ne
             filiu●
             pro
             patre
             .
          
           
             q
             Vide
             Bartol
             .
             latè
             de
             represal
             .
          
           
             r
             ●
             .
             131.
             actor
             .
          
           
             s
             Per
             gloss
             .
             in
             c
             episcopus
             .
             18.
             dist
             .
             &
             DD.
             in
             c.
             si
             contra
             .
             &c.
             1.
             de
             milite
             vasallo
             qui
             contumax
             .
          
           
             t
             Per
             l.
             si
             quis
             in
             servitute
             .
             de
             furt
             .
             &
             l.
             ait
             praetor
             .
             parag
             .
             si
             debitorem
             .
             Quae
             infraud
             .
             cred
             .
          
           
             a
             l.
             1.
             in
             fin
             .
             de
             acq
             .
             rer
             .
             ●om
             .
             &
             parag
             ferae
             insti
             .
             de
             rer
             .
             divis
             .
          
           
             b
             l.
             iniuriorum
             13.
             parag
             .
             fin
             .
             in
             fin
             .
             de
             iniur
             .
             Iacob
             .
             3.
             act
             60.
             
             &
             Iacob
             .
             5.
             p.
             4.
             cap.
             12.
             
          
           
             c
             l.
             prascrip
             de
             usucap
             .
          
           
             d
             c.
             1.
             
             &
             2.
             de
             cler
             .
             venat
             .
             &c.
             1.
             in
             cleric
             .
             &
             mon.
             
          
           
             e
             Vide
             late
             .
             act
             .
             parl
             .
             Scot.
             
          
           
             f
             Vide
             statuta
             ,
             &
             constit
             .
             &
             act
             .
             regū
             Franc.
             Angl.
             &
             Scotiae
             .
          
           
             g
             Vide
             statut
             .
             Angl.
             &
             Scot.
             &
             l'
             Admir
             .
             de
             France
             .
          
           
             h
             Iac.
             6.
             parl
             .
             6.
             cap.
             89.
             
          
           
             i
             Iac.
             1.
             p.
             1.
             c
             11.
             
             Iac.
             6.
             p.
             7.
             c.
             11.
             
          
           
             m
             Iac
             3.
             p.
             10.
             cap.
             73
             
          
           
             n
             Denmarke
             .
          
           
             nn
             Vlpian
             in
             l.
             ne
             pifcatores
             de
             incend
             .
             ●ui
             .
             naufr
             .
          
           
             o
             Vide
             l'
             Admirall
             de
             Franc.
             
          
           
             p
             Vide
             Forman
             his
             Register
             .
          
           
             q
             Mar.
             p.
             6.
             c.
             5●
             
          
           
             r
             Iacob
             .
             5.
             p.
             9.
             c.
             98.
             
          
           
             s
             Iac.
             6
             p.
             4.
             c.
             ●0
             .
          
           
             t
             Iac.
             5.
             p.
             7.
             c.
             98
             
          
           
             u
             Iac.
             6.
             p
             4.
             c.
             60
             
          
           
             x
             Iac.
             6.
             p.
             6.
             c.
             86
             
          
           
             y
             Iac.
             5.
             p.
             4.
             c.
             57
             Iac.
             6
             p.
             4.
             c.
             147.
             
          
           
             z
             Iac.
             3.
             p.
             10.
             c.
             ●76
             .
          
           
             a
             Iac.
             3
             p.
             10
             c.
             76.
             
          
           
             b
             Iac.
             3.
             p.
             14.
             c.
             100.
             
          
           
             a
             Genes
             .
             1.
             28.
             
          
           
             b
             eod
             .
             c.
             9.
             v.
             1.
             
          
           
             c
             eod
             c.
             11.
             v
             8.
             
          
           
             d
             eod
             .
             c.
             10
             v.
             5.
             
          
           
             e
             Vlp.
             l
             qui
             neque
             .
             de
             reb
             eor
             .
             quisub
             ●utel
             .
          
           
             f
             l.
             pa●er
             .
             parag
             .
             duluss●●iè
             de
             leg
             .
             2.
             
          
           
             g
             Ad
             legem
             1
             ▪
             de
             rer
             .
             divis
             .
          
           
             g
             1.
             officior
             .
          
           
             h
             pagina
             25.
             
          
           
             i
             l.
             iniuriarum
             .
             parag
             .
             ult
             .
             &
             parag
             .
             si
             quis
             de
             in
             iur
             .
          
           
             k
             d.
             p●rag
             .
             si
             quis
             .
          
           
             l
             l.
             4.
             de
             .
             rer
             .
             divis
             .
          
           
             m
             d.
             parag
             .
             si
             quis
             in
             fin
             .
          
           
             n
             d.
             l
             ●
             .
             de
             rer
             ▪
             divis
             .
          
           
             o
             l.
             quod
             in
             littore
             .
             de
             aeq
             .
             rer
             .
             dom
             .
          
           
             p
             l.
             quamvis
             .
             de
             acq
             .
             rer
             dom
             .
          
           
             q
             l.
             prohibere
             .
             parag
             quod
             et
             si
             .
             Quod
             vi
             aut
             elam
             .
          
           
             r
             l.
             Roma
             .
             ad
             municipal
             .
          
           
             s
             Psalme
             .
          
           
             t
             Ad
             parag
             .
             littorum
             inst
             .
             de
             rer
             .
             divis
             .
          
           
             u
             Pag.
             28.
             
          
           
             x
             In
             l.
             possideri
             .
             de
             acquir
             .
             poss
             .
          
           
             Psal.
             104.
             9.
             
          
           
             y
             Pag.
             38.
             
          
           
             z
             insect
             .
             nullius
             in
             tractat
             .
             de
             insula
             .
          
           
             *
             Per
             l
             notionem
             de
             verb.
             Sig.
             
          
           
             a
             Gloss
             in
             c.
             ubi
             periculum
             .
             parag
             .
             porro
             .
             de
             electionib
             .
             lib.
             6.
             
          
           
             b
             m
             l.
             si
             testamentum
             .
             de
             inst
             .
             &
             subst
             .
          
           
             c
             l.
             in
             ▪
             finalibus
             .
             com
             .
             divid
             .
          
           
             d
             In
             l
             propon●ba●ur
             .
             de
             iud
             .
          
           
             e
             Pag.
             21.
             
          
           
             f
             Pag.
             25.
             
          
           
             g
             l.
             si
             quisquam
             divers
             &
             temp
             .
             praescrip
             .
          
           
             h
             Pag.
             24.
             
          
           
             i
             l.
             praescriptio
             de
             usu
             cap.
             
          
           
             k
             Novell
             .
             const
             .
             102.
             103.
             
             &
             104.
             
          
           
             l
             pag.
             30.
             
          
           
             m
             Off.
             1.
             
          
           
             n
             pag.
             35.
             
          
           
             o
             in
             l.
             iustitia
             .
             de
             rer
             .
             divis
             .
          
           
             p
             Parag
             iuris
             praecepta
             .
             de
             iust
             .
             &
             iur
             .
          
           
             q
             l.
             nem●
             de
             reg
             .
             iur
             .
             &
             l.
             14.
             de
             cond
             .
             indeb
             .
             &
             l.
             iu●e
             .
             de
             iure
             dot
             .
          
           
             r
             l.
             rescriptum
             de
             distract
             .
             pig
             .
          
           
             a
             Tit.
             22.
             
          
           
             b
             Ferretus
             .
          
           
             c
             per.
             l.
             4.
             de
             re
             militar
             .
          
           
             d
             per
             l.
             6.
             eod
             .
          
           
             e
             per.
             l.
             13.
             eod
             .
          
           
             f
             per
             l.
             12.
             eod
             :
          
           
             a
             per
             l.
             1.
             parag
             .
             si
             furt
             .
             advers
             .
             naut
             .
          
           
             b
             l.
             1.
             &
             l.
             cum
             navarchorum
             .
             C.
             de
             navicul
             .
             lib
             10
             &
             l.
             litica
             de
             public
             .
          
           
             c
             Iac.
             3.
             parl
             .
             13.
             c.
             95.
             
          
           
             d
             Iac.
             parl
             .
             31.
             c.
             20.
             
          
           
             e
             l.
             1.
             parag
             .
             naut
             .
             caupou
             .
          
           
             f
             Vide
             act
             .
             Iac.
             3
             arl
             3.
             c.
             20.
             &
             arl
             .
             7.
             c.
             61.
             &
             ●ariae
             .
             parl
             .
             5.
             
             ●
             .
             21.
             
          
           
             g
             Vide
             tit
             .
             naut
             .
             ●
             .
             up
             .
             &
             .
             tit
             .
             furt
             .
             ●●vers
             .
          
           
             *
             Secund.
             l.
             3.
             naut
             .
             caup
             .
          
           
             a
             Tit.
             6.
             
          
           
             b
             Per
             diplom
             .
             admiralior
             .
             utriusque
             regni
             .
          
           
             c
             Per
             T.
             T.
             ad
             l.
             Aquil.
             
          
           
             d
             Per
             l.
             2.
             de
             naut
             〈◊〉
             .
             &
             per
             Vegetium
             de
             re
             militar
             
          
           
             d
             Vide
             sup
             .
             of
             the
             Admirall
             Clerke
             .
          
           
             e
             l.
             fin
             :
             C.
             de
             poen
             .
          
           
             f
             Vide
             de
             off
             .
             Adm.
             Ang.
             
          
           
             g
             Vide
             C.
             de
             m●n●p
             .
             &
             ibi
             .
             DD.
             
          
           
             h
             Vide
             de
             off
             .
             Adm.