The maritime dicæologie, or, Sea-jurisdiction of England set forth in three several books : the first setting forth the antiquity of the admiralty in England, the second setting forth the ports, havens, and creeks of the sea to be within the by John Exton ...
         Exton, John, 1600?-1668.
      
       
         
           1664
        
      
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             The maritime dicæologie, or, Sea-jurisdiction of England set forth in three several books : the first setting forth the antiquity of the admiralty in England, the second setting forth the ports, havens, and creeks of the sea to be within the by John Exton ...
             Exton, John, 1600?-1668.
          
           [16], 263 p.
           
             Printed by Richard Hodgkinson ...,
             London :
             1664.
          
           
             First ed. Cf. NUC pre-1956.
             Errata: p. [13].
             Reproduction of original in British Library.
          
        
      
    
     
       
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         eng
      
       
         
           Maritime law -- Great Britain -- Early works to 1800.
           Admiralty -- Great Britain.
           Great Britain -- History, Naval.
        
      
    
     
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             Whitehall
             
               Aug.
               13.
               1664.
               
            
          
        
         
           Let
           this
           Book
           be
           Printed
           .
        
         
           
             HENRY
             BENNET
             .
          
        
      
       
         
         
           THE
           Maritime
           Dicaeologie
           ,
           OR
           SEA-JURISDICTION
           OF
           ENGLAND
           .
        
         
           Set
           forth
           in
           Three
           several
           Books
           .
        
         
           The
           first
           setting
           forth
           the
           Antiquity
           of
           the
           Admiralty
           in
           England
           .
        
         
           The
           second
           setting
           forth
           the
           Ports
           ,
           Havens
           ,
           and
           Creeks
           of
           the
           Sea
           to
           be
           within
           the
           Jurisdiction
           of
           the
           Admiralty
           .
        
         
           The
           third
           shewing
           that
           all
           Contracts
           concerning
           all
           Maritime
           Affairs
           are
           within
           the
           Jurisdiction
           of
           the
           Admiralty
           ,
           and
           there
           cogniscible
           .
        
         
           By
           JOHN
           EXTON
           Doctor
           of
           Laws
           ,
           and
           Judge
           of
           his
           Majesties
           High
           Court
           of
           Admiralty
           .
        
         
           LONDON
           ,
           Printed
           by
           
             Richard
             Hodgkinson
          
           ,
           Printer
           to
           the
           Kings
           most
           Excellent
           Majesty
           ,
           1664.
           
        
      
       
         
         
         
           
             Tudor rose
          
           
             Scottish thistle
          
           
             fleur-de-lis
          
           
             depiction of Irish harp
          
        
         
           TO
           HIS
           ROYAL
           HIGHNES
           JAMES
           Duke
           of
           York
           and
           Albany
           ,
           Earl
           of
           Vlster
           ,
           Lord
           High
           Admiral
           of
           England
           and
           Ireland
           ,
           &c.
           Constable
           of
           Dover
           Castle
           ,
           Lord
           Warden
           of
           the
           Cinque-Ports
           ,
           &
           Governor
           of
           Portsmouth
           ,
           &c.
           
        
         
           YOur
           Royal
           Highness
           having
           been
           graciously
           pleased
           to
           constitute
           me
           Judge
           or
           President
           of
           the
           High
           Court
           of
           Admiralty
           ,
           I
           held
           it
           my
           duty
           (
           according
           to
           my
           poor
           ability
           )
           to
           assert
           the
           just
           Jurisdiction
           thereof
           ,
           against
           those
           undue
           encroachments
           and
           usurpations
           ,
           whereby
           the
           power
           of
           the
           Lord
           
           High
           Admiral
           hath
           been
           heretofore
           ,
           and
           is
           at
           this
           present
           straightned
           ,
           in
           decision
           of
           matters
           ,
           relating
           to
           Maritime
           affairs
           ;
           wherefore
           having
           some
           time
           since
           in
           those
           sad
           and
           distracted
           times
           ,
           bestowed
           some
           labour
           in
           searching
           and
           perusing
           such
           of
           the
           Records
           of
           our
           own
           ,
           as
           well
           as
           Forreign
           Nations
           as
           I
           could
           meet
           with
           ,
           wherein
           the
           just
           extent
           of
           the
           Admirals
           Jurisdiction
           is
           sufficiently
           and
           undeniably
           evidenced
           ,
           together
           with
           the
           necessity
           of
           deciding
           all
           controversies
           about
           Maritime
           affairs
           ,
           according
           to
           the
           ancient
           Sea
           customes
           ,
           and
           the
           reason
           and
           directions
           of
           the
           Civil
           and
           Maritime
           Laws
           .
           I
           held
           it
           no
           less
           my
           duty
           to
           recollect
           the
           said
           Papers
           ,
           and
           reduce
           them
           into
           some
           method
           for
           the
           clearing
           those
           objections
           which
           hitherto
           have
           been
           and
           still
           are
           made
           use
           of
           ,
           either
           against
           the
           antiquity
           or
           extent
           of
           the
           Lord
           High
           Admiral
           his
           Jurisdiction
           in
           Maritime
           causes
           ,
           or
           against
           the
           decision
           of
           them
           by
           the
           ancient
           Sea
           customes
           ,
           and
           the
           rules
           of
           the
           Civil
           Law
           :
           And
           as
           I
           have
           observed
           this
           Nation
           hath
           happily
           flourished
           a
           long
           time
           ,
           under
           that
           happy
           Government
           of
           all
           Land
           affairs
           by
           its
           municipal
           Laws
           ,
           practiced
           in
           the
           Common
           Law
           Courts
           ;
           so
           hath
           it
           no
           less
           prospered
           and
           been
           enriched
           in
           its
           Navies
           ,
           Trade
           ,
           and
           Commerce
           
           under
           that
           exact
           Government
           which
           hath
           ordered
           and
           guided
           all
           Maritime
           businesses
           and
           Sea
           affairs
           ,
           by
           the
           Civil
           and
           Maritime
           Laws
           and
           Customes
           (
           corresponding
           ,
           agreeing
           ,
           and
           according
           with
           the
           Laws
           of
           Forreign
           Nations
           ,
           being
           suitable
           to
           the
           nature
           and
           negotiations
           of
           the
           people
           that
           are
           subject
           to
           them
           )
           exercised
           and
           practised
           in
           the
           High
           Court
           of
           Admiralty
           :
           The
           design
           therefore
           that
           I
           propound
           to
           my self
           in
           the
           publishing
           this
           Treatise
           ,
           is
           ,
           to
           shew
           how
           necessary
           and
           fitting
           it
           is
           ,
           that
           the
           power
           and
           jurisdiction
           of
           this
           Court
           should
           be
           no
           longer
           subject
           to
           such
           interruptions
           ;
           and
           how
           expedient
           it
           now
           is
           ,
           that
           the
           rights
           and
           privileges
           of
           the
           same
           should
           be
           observed
           and
           kept
           ,
           and
           the
           Laws
           and
           ancient
           Customes
           thereof
           ,
           whereby
           all
           Commerce
           and
           Navigation
           is
           upheld
           ▪
           should
           be
           precisely
           and
           strictly
           preserved
           and
           maintained
           :
           That
           all
           which
           may
           appear
           ,
           I
           have
           set
           forth
           the
           antiquity
           of
           the
           Lord
           Admirals
           Jurisdiction
           here
           in
           England
           ,
           by
           ancient
           Records
           of
           the
           Tower
           :
           Next
           the
           Jurisdiction
           it self
           ,
           and
           the
           extent
           thereof
           ,
           as
           also
           the
           necessity
           and
           necessary
           use
           of
           it
           in
           divers
           respects
           .
           In
           all
           which
           I
           have
           endeavonred
           neither
           to
           eclipse
           the
           honour
           ,
           power
           ,
           or
           least
           right
           of
           the
           Muncipall
           Laws
           of
           
           this
           Kingdome
           ,
           nor
           in
           any
           sort
           to
           detract
           from
           the
           renown
           of
           the
           Reverend
           and
           Learned
           Professors
           thereof
           ,
           but
           hope
           I
           have
           manifested
           that
           the
           upholding
           of
           both
           Jurisdictions
           ,
           and
           restraining
           each
           of
           them
           to
           its
           proper
           limits
           and
           confines
           ,
           will
           be
           more
           advantagious
           to
           this
           Kingdome
           and
           the
           Inhabitants
           thereof
           ,
           then
           the
           suffering
           eitber
           of
           them
           to
           swallow
           up
           or
           devour
           the
           other
           .
           Be
           pleased
           therefore
           to
           receive
           this
           unpolished
           work
           from
           the
           hand
           of
           your
           Servant
           as
           the
           same
           is
           dedicated
           unto
           the
           protection
           of
           your
           Royal
           Self
           .
        
      
       
         
         
           THE
           CONTENTS
           .
        
         
           
             The
             Chapters
             contained
             in
             the
             First
             Book
             of
             the
             Maritime
             Dicaeologie
             or
             Sea
             Jurisdiction
             .
          
           
             
               Chap.
               1.
               
               THe
               Antiquity
               of
               the
               Admiralty
               in
               England
               set
               forth
               so
               farre
               as
               to
               prove
               the
               same
               to
               have
               been
               settled
               and
               continued
               in
               and
               before
               Edward
               the
               Thirds
               time
               ,
               to
               whose
               time
               the
               Statute
               of
               the
               13
               of
               Ric.
               2.
               referreth
               ,
               argued
               from
               the
               antiquity
               of
               the
               High-Officers
               that
               exercised
               that
               Jurisdiction
               in
               those
               times
               ,
               and
               from
               their
               Grants
               and
               Patents
               .
               Page
               1.
               
            
             
               Chap.
               2.
               
               That
               these
               High-Officers
               or
               Admirals
               ,
               or
               Keepers
               of
               the
               Seas
               ,
               Sea-coasts
               and
               Ports
               ,
               had
               like
               power
               and
               authority
               in
               them
               ,
               and
               over
               them
               ,
               as
               the
               Keepers
               and
               Governours
               of
               Land-Provinces
               had
               over
               them
               ;
               and
               had
               their
               Maritime
               Laws
               for
               guidance
               of
               their
               Jurisdiction
               ,
               both
               Civil
               and
               Criminal
               ,
               as
               well
               as
               the
               other
               had
               their
               Land
               Laws
               for
               the
               guidance
               of
               theirs
               .
               page
               10.
               
            
             
               Chapt.
               3.
               
               The
               beginning
               of
               Sea
               Laws
               ,
               and
               the
               further
               Antiquity
               of
               Admirals
               ,
               and
               their
               Jurisdiction
               from
               thence
               argued
               ,
               p.
               13.
               
            
             
               Chap.
               4.
               
               Of
               the
               Laws
               of
               Oleron
               ,
               and
               the
               Antiquity
               of
               the
               Admiralty
               argued
               and
               inferred
               from
               the
               introduction
               of
               them
               into
               
                 England
                 p.
              
               16.
               
            
             
               Chap.
               5.
               
               The
               ancient
               Introduction
               of
               the
               Sea
               Laws
               argued
               ,
               and
               inferred
               from
               the
               King
               of
               Englands
               Dominion
               over
               the
               British
               Seas
               .
               p.
               21.
               
            
             
               Chap.
               6.
               
               The
               Antiquity
               of
               the
               Admiralty
               argued
               and
               inferred
               from
               the
               defect
               and
               want
               of
               ability
               in
               other
               Co●rts
               in
               deciding
               of
               Maritime
               Causes
               in
               those
               antient
               times
               .
               p.
               25.
               
            
             
               Chap.
               7.
               
               Of
               the
               Exercise
               of
               the
               Sea
               Laws
               by
               the
               
                 Grecians
                 ,
                 Athenians
                 ,
                 Romans
                 ,
                 Italians
                 ,
                 Venetians
                 ,
                 Spaniards
              
               ;
               and
               by
               the
               Admirals
               of
               Naples
               and
               
                 Castile
                 .
                 p.
              
               29.
               
            
             
               
               Chap.
               8.
               
               
                 Of
                 the
                 Admiral
                 of
              
               France
               and
               Denmark
               .
               p.
               30.
               
            
             
               Chap.
               9.
               
               
                 Of
                 the
                 Admiral
                 of
              
               Scotland
               .
               p.
               32.
               
            
             
               Chap.
               10.
               
               From
               the
               common
               acceptance
               of
               the
               Sea
               Laws
               in
               other
               Nations
               is
               inferred
               the
               acceptance
               of
               them
               in
               
                 England
                 .
                 p.
              
               34.
               
            
          
        
         
           
             The
             Chapters
             contained
             in
             the
             Second
             Book
             of
             the
             Maritime
             Dicaeologie
             ,
             or
             Sea
             Jurisdiction
             .
          
           
             
               Chap.
               1.
               
               THat
               the
               Sea-Jurisdiction
               and
               the
               Land
               Jurisdiction
               are
               ,
               and
               so
               necessarily
               must
               be
               ,
               two
               different
               and
               distinct
               Jurisdictions
               ,
               having
               no
               dependancie
               each
               upon
               the
               other
               .
            
             
               Chap.
               2.
               
               That
               the
               Jurisdiction
               of
               the
               Admiralty
               doth
               extend
               to
               all
               manner
               of
               Ships
               ,
               Shipping
               ,
               Seafaring
               ,
               and
               Sea-tradingmen
               .
               p.
               41.
               
            
             
               Chap.
               3.
               
               That
               the
               Ports
               and
               Havens
               ,
               and
               Creeks
               of
               the
               Sea
               ,
               are
               within
               the
               Jurisdiction
               of
               the
               Admiralty
               .
               p.
               52.
               
            
             
               Chap.
               4.
               
               The
               Arguments
               deduced
               out
               of
               the
               Statute
               Law
               ,
               to
               prove
               the
               Ports
               ,
               Havens
               ,
               and
               Creeks
               of
               the
               Sea
               ,
               to
               be
               within
               the
               bodies
               of
               Counties
               ,
               and
               not
               within
               the
               Jurisdiction
               of
               the
               Admiraltie
               ,
               redargued
               .
               p.
               57.
               
            
             
               Chap.
               5.
               
               The
               Argument
               deduced
               from
               the
               first
               Judgement
               at
               the
               Common
               Law
               ,
               that
               the
               Ports
               and
               Havens
               of
               the
               Seas
               are
               within
               bodies
               of
               Counties
               ,
               redargued
               .
               p.
               62.
               
            
             
               Chap.
               6.
               
               That
               from
               the
               two
               other
               Actions
               instanced
               in
               ,
               to
               be
               brought
               against
               the
               Parties
               suing
               in
               the
               Admiralty
               Court
               for
               a
               business
               done
               upon
               the
               Ports
               ,
               no
               concludent
               Argument
               is
               deduced
               .
               p.
               72.
               
            
             
               Chap.
               7.
               
               The
               Argument
               deduced
               from
               two
               Praemunires
               instanced
               in
               ,
               to
               be
               brought
               against
               the
               parties
               suing
               in
               the
               Admiralty
               for
               things
               done
               upon
               Ports
               ,
               redargued
               .
               p.
               73.
               
            
             
               Chap.
               8.
               
               The
               Book-Cases
               and
               Authorities
               brought
               to
               prove
               ,
               that
               the
               Admiral
               hath
               no
               Jurisdiction
               upon
               the
               Ports
               ,
               Creeks
               and
               Havens
               ,
               answered
               .
               p.
               78.
               
            
             
               Chap.
               9.
               
               That
               the
               Rhodian
               and
               other
               Maritime
               Laws
               were
               ordained
               as
               well
               for
               the
               decision
               of
               the
               differences
               happening
               upon
               the
               Ports
               and
               Havens
               ,
               as
               upon
               the
               high
               Seas
               .
               p.
               102.
               
            
             
               Chap.
               10.
               
               That
               the
               Laws
               of
               Oleron
               ,
               and
               other
               ancient
               Laws
               of
               the
               Sea
               were
               constituted
               and
               ordained
               as
               well
               for
               the
               decision
               of
               controversies
               happening
               &
               arising
               from
               things
               done
               upon
               the
               
               Ports
               and
               Havens
               ,
               as
               from
               things
               done
               upon
               the
               high
               Seas
               .
               p.
               111.
               
            
             
               Chap.
               11.
               
               That
               by
               the
               ancient
               Statutes
               of
               the
               Admiralty
               settled
               before
               the
               last
               confirmation
               of
               the
               Laws
               of
               
                 Oleron
                 12
                 Edw.
              
               3.
               and
               Articles
               of
               Enquiry
               added
               thereunto
               ,
               it
               is
               plain
               that
               the
               Admiral
               hath
               Jurisdiction
               upon
               the
               Ports
               as
               well
               as
               upon
               the
               high
               Seas
               .
               p.
               115.
               
            
             
               Chap.
               12.
               
               That
               by
               the
               Inquisition
               taken
               at
               
                 Quinborough
                 secundo
                 Aprilis
                 ,
                 anno
              
               49
               Ed.
               3.
               
                 annoque
                 Dom.
              
               1375.
               it
               is
               plain
               that
               the
               Admiral
               hath
               Jurisdiction
               upon
               the
               Ports
               ,
               as
               well
               as
               upon
               the
               high
               Seas
               .
               p.
               120.
               
            
             
               Chap.
               13.
               
               That
               by
               the
               ancient
               Statutes
               of
               Enquiry
               ,
               translated
               out
               of
               French
               into
               Latine
               by
               Roughton
               ,
               the
               Admirals
               Jurisdiction
               is
               upon
               the
               Ports
               and
               Havens
               ,
               as
               well
               as
               over
               the
               high
               Seas
               .
               p.
               124
               :
            
             
               Chap.
               14.
               
               That
               the
               Civil
               Law
               is
               used
               and
               practised
               in
               all
               or
               most
               Nations
               of
               Christendome
               .
               p.
               129.
               
            
             
               Chap.
               15.
               
               That
               the
               Traffique
               and
               Sea-trading
               is
               different
               from
               the
               bargaining
               and
               trading
               at
               land
               ;
               and
               that
               therefore
               in
               Foreign
               Nations
               they
               have
               their
               distinct
               Judicatories
               guided
               by
               the
               distinct
               Laws
               ;
               and
               that
               though
               the
               Judicatories
               for
               Land
               affairs
               have
               in
               divers
               Nations
               divers
               Municipal
               Laws
               mixed
               with
               the
               Civil
               Law
               ,
               yet
               the
               Civil
               Law
               is
               strictly
               used
               and
               practised
               in
               all
               Admiralty
               Courts
               ,
               and
               is
               absolutely
               nece●●ary
               in
               the
               decision
               of
               all
               Maritime
               causes
               &
               Sea
               differences
               .
               p.
               135.
               
            
             
               Chap.
               16.
               
               That
               by
               several
               of
               the
               Laws
               of
               the
               Titles
               selected
               out
               of
               the
               body
               of
               the
               Civil
               Law
               by
               Peckius
               ,
               for
               the
               determination
               of
               Maritime
               Causes
               ,
               and
               divers
               other
               of
               the
               Civil
               Laws
               conducing
               thereunto
               ,
               it
               doth
               appear
               that
               the
               Ports
               and
               Havens
               ,
               and
               businesses
               done
               thereupon
               ,
               are
               within
               the
               cognizance
               of
               the
               Admiralty
               Jurisdiction
               .
               p.
               147.
               
            
             
               Chap.
               17.
               
               That
               by
               the
               Records
               of
               the
               Admiralty
               ,
               it
               appeareth
               that
               the
               Admiral
               had
               ,
               and
               hath
               power
               and
               Jurisdiction
               upon
               the
               Ports
               and
               Havens
               .
               p.
               157.
               
            
             
               Chap.
               18.
               
               That
               by
               Writs
               de
               Procedendo
               out
               of
               the
               Chancery
               ,
               upon
               Supersedeas
               from
               thence
               granted
               ,
               the
               Admiral
               is
               acknowledged
               to
               have
               Jurisdiction
               upon
               the
               Ports
               and
               Havens
               .
               p.
               166.
               
            
             
               Chap.
               19.
               
               That
               by
               Consultations
               out
               of
               the
               Courts
               of
               Common
               Law
               upon
               Prohibitions
               thence
               granted
               ,
               it
               is
               clear
               the
               Admiral
               hath
               Jurisdiction
               upon
               the
               Ports
               and
               Havens
               .
               p.
               170.
               
            
             
               Chap.
               20.
               
               That
               the
               Ports
               ,
               Havens
               ,
               and
               Harbours
               where
               Ships
               do
               lye
               or
               ride
               at
               Anchor
               ,
               are
               not
               within
               the
               bodies
               of
               Counties
               ,
               
               but
               that
               the
               Jurisdiction
               which
               the
               Admiralty
               hath
               anciently
               had
               thereon
               ,
               hath
               been
               by
               Act
               of
               Parliament
               reserved
               thereunto
               .
               p.
               175.
               
            
          
        
         
           
             The
             Chapters
             contained
             in
             the
             Third
             Book
             of
             the
             Maritime
             Dicaeologie
             ,
             or
             Sea
             Jurisdiction
             .
          
           
             
               Chap.
               1.
               
               THat
               all
               differences
               arising
               from
               Contracts
               concerning
               Maritime
               Affairs
               ought
               to
               be
               tryed
               in
               the
               Admiralty
               Court
               ,
               and
               the
               reasons
               thereof
               .
               page
               180.
               
            
             
               Chap.
               2.
               
               The
               Arguments
               deduced
               out
               of
               the
               Statute
               of
               the
               13th
               of
               
                 R.
                 2.
                 cap.
              
               5.
               to
               prove
               that
               Maritime
               Contracts
               ,
               made
               at
               land
               concerning
               Maritime
               affairs
               ,
               are
               not
               tryable
               in
               the
               Admiralty
               Court
               ,
               answered
               .
               p.
               188.
               
            
             
               Chap.
               3.
               
               That
               by
               the
               ancient
               Statutes
               of
               the
               Admiralty
               ,
               and
               by
               the
               Laws
               of
               Oleron
               ,
               it
               appeareth
               that
               Contracts
               made
               at
               land
               of
               and
               concerning
               Maritime
               affairs
               ,
               were
               cognizable
               and
               tryable
               in
               the
               Admiralty
               ,
               both
               before
               ,
               and
               even
               in
               the
               time
               of
               Edward
               the
               Third
               ,
               whereunto
               the
               last
               mentioned
               Statute
               maketh
               reference
               .
               p.
               193.
               
            
             
               Chap.
               4.
               
               That
               by
               the
               ancient
               Inquisition
               taken
               at
               Quinborough
               in
               Edward
               the
               Third's
               time
               ,
               it
               appeareth
               that
               the
               cognizance
               of
               Contracts
               made
               at
               land
               concerning
               Maritime
               affairs
               belonged
               then
               and
               before
               unto
               the
               Admiralty
               Court.
               p.
               202.
               
            
             
               Chap.
               5.
               
               The
               Argument
               deduced
               out
               of
               the
               Statute
               of
               the
               15th
               of
               
                 R.
                 2.
                 cap.
              
               3.
               to
               prove
               the
               Contracts
               made
               at
               land
               concerning
               Maritime
               affairs
               ,
               are
               not
               cognoscible
               in
               the
               Admiralty
               Court
               ,
               answered
               .
               p.
               204.
               
            
             
               Chap.
               6.
               
               The
               Argument
               deduced
               out
               of
               the
               Statute
               of
               the
               second
               of
               Henry
               the
               Fourth
               ,
               cap.
               11.
               to
               prove
               the
               Contracts
               made
               at
               land
               concerning
               Maritime
               affairs
               ,
               are
               not
               cognoscible
               in
               the
               Admiralty
               ,
               redargued
               .
               p.
               216.
               
            
             
               Chap.
               7.
               
               That
               the
               Admiral
               by
               these
               Statutes
               ,
               was
               not
               barred
               the
               cognizance
               of
               Maritime
               Contracts
               ,
               though
               made
               at
               land
               ,
               made
               appear
               by
               the
               practice
               of
               those
               times
               ,
               proved
               out
               of
               ancient
               Records
               remaining
               in
               the
               Tower
               of
               
                 London
                 .
                 p.
              
               220.
               
            
             
               Chap.
               8.
               
               That
               by
               other
               Records
               out
               of
               the
               Chancery
               ,
               Contracts
               made
               at
               land
               concerning
               Maritime
               Affairs
               are
               cognoscible
               in
               the
               Admiralty
               Court.
               p.
               229.
               
            
             
               
               Chap.
               9.
               
               That
               by
               Consultations
               granted
               from
               the
               Courts
               of
               Common
               Law
               at
               Westminster
               ,
               after
               Prohibitions
               formerly
               from
               thence
               obtained
               ,
               Contracts
               made
               at
               land
               of
               and
               concerning
               Maritime
               businesses
               to
               be
               agitated
               and
               transacted
               at
               Sea
               ,
               beyond
               the
               Seas
               ,
               or
               upon
               the
               Ports
               and
               Havens
               ,
               or
               of
               or
               concerning
               the
               same
               ,
               are
               acknowledged
               to
               be
               cognizable
               in
               the
               Admiralty
               ,
               and
               have
               been
               thereunto
               by
               the
               same
               remitted
               .
               p.
               234.
               
            
             
               Chap.
               10.
               
               That
               divers
               and
               several
               of
               the
               Laws
               under
               the
               Titles
               selected
               out
               of
               the
               body
               of
               the
               Civil
               Law
               by
               Peckius
               for
               determination
               of
               Maritime
               Causes
               ;
               and
               other
               Laws
               selected
               out
               of
               several
               other
               Titles
               ,
               as
               subsidiary
               unto
               them
               ,
               do
               set
               forth
               most
               exactly
               the
               determination
               of
               Controversies
               ,
               which
               may
               and
               do
               daily
               arise
               from
               Contracts
               made
               at
               Land
               concerning
               matters
               to
               be
               done
               at
               Sea.
               p.
               256.
               
            
          
        
      
       
         
           ERRATA
           .
        
         
           PAg.
           7.
           lin
           .
           10.
           pro
           Jesemuch
           lege
           Gernemouth
           .
           pag.
           ead
           .
           pro
           
             Norfolcae
             &
             Suffolcae
          
           lege
           
             Norfolciae
             &
             Suffolciae
          
           .
           p.
           12.
           l.
           2
           ,
           5.
           
           &
           7.
           pro
           Prince
           lege
           Province
           .
           p.
           16.
           l.
           3.
           pro
           
             the
             others
          
           lege
           others
           .
           p.
           18.
           l.
           40.
           pro
           find
           lege
           
             I
             find
          
           .
           p.
           ead
           .
           l.
           ult
           .
           pro
           ame●amuntis
           lege
           amertiamens
           .
           p.
           19.
           l.
           25.
           pro
           praecepti
           lege
           percepti
           .
           l.
           29.
           pro
           percellas
           lege
           parcellas
           .
           l.
           32.
           pro
           hinc
           lege
           huic
           ,
           &
           l.
           41.
           pro
           quandam
           lege
           quondam
           .
           p.
           20.
           l.
           37.
           pro
           
             our
             own
          
           lege
           
             their
             own
          
           .
           p.
           33.
           l.
           11.
           pro
           Covent
           lege
           Covenant
           .
           p.
           ead
           .
           l.
           penult
           .
           pro
           
             all
             wares
          
           lege
           
             ill
             wares
          
           .
           p.
           37.
           l.
           26.
           pro
           Admiral
           lege
           Admiralty
           .
           p.
           38.
           l.
           9.
           pro
           
             de
             tour
          
           lege
           
             de
             lour
          
           .
           p.
           40.
           l.
           5.
           pro
           did
           lege
           dit
           .
           l.
           7.
           pro
           ia
           lege
           la
           p.
           43.
           l.
           32.
           pro
           
             in
             self
          
           lege
           .
           
             in
             it self
          
           .
           p.
           46.
           l.
           13.
           pro
           Admiral
           lege
           Admirals
           .
           p.
           49.
           l.
           pro
           fidelum
           lege
           fidelem
           .
           p.
           53.
           l.
           19.
           pro
           saith
           lege
           
             he
             saith
          
           .
           p.
           54.
           l.
           2.
           pro
           Marrii
           lege
           Martii
           .
           p.
           ead
           .
           l.
           13.
           dele
           &
           .
           p.
           72.
           l.
           32.
           pro
           concluded
           lege
           concludent
           .
           p.
           93.
           l.
           34.
           pro
           nostr
           .
           lege
           nobis
           .
           p.
           94.
           l.
           7.
           pro
           
             absquo
             compoto
          
           lege
           
             absque
             computo
          
           ,
           &
           pro
           alique
           lege
           
             alique
             ▪
          
           p.
           104.
           l.
           21.
           
           Pro
           resided
           lege
           reside
           .
           p.
           114.
           l.
           25.
           
           Pone
           verbum
           not
           .
           p.
           126.
           l.
           37.
           pro
           hoc
           lege
           hoc
           .
           p.
           159.
           l.
           18.
           pro
           Thamases
           lege
           Thamasis
           .
           p.
           ead
           .
           l.
           36.
           
           Pro
           Courts
           lege
           Court.
           p.
           168.
           l.
           12.
           pro
           implitaverit
           lege
           implacitaverit
           .
           p.
           194.
           l.
           34.
           pro
           marinarum
           lege
           marinariorum
           .
           p.
           231.
           l.
           30.
           pro
           fething
           lege
           fetching
           .
           p.
           232.
           l.
           22.
           pro
           contractus
           lege
           contractis
           .
           p.
           238.
           l.
           6.
           pro
           Bodsworth
           lege
           Dodsworth
           p.
           240.
           l.
           38.
           pro
           implitasset
           lege
           implacitasset
           .
           p.
           241.
           l.
           4.
           pro
           accipiendum
           lege
           accipienda
           .
           p.
           250.
           l.
           9.
           pro
           secla
           lege
           secta
           .
           p.
           ead
           .
           l.
           11.
           
           Pro
           
             coram
             vobis
          
           lege
           
             coram
             nobis
             ▪
          
           p.
           ead
           .
           l.
           17.
           pro
           panuclaneo
           lege
           pannulaneo
           .
           p.
           259
           l.
           19.
           pro
           elegantur
           lege
           eleganter
           .
           p.
           ead
           .
           l.
           ead
           .
           pro
           conditionibus
           lege
           condictionibus
           .
           p.
           ead
           .
           l.
           32.
           pro
           sect
           .
           pone
           §
           .
        
      
       
         
         
           The
           Introduction
           .
        
         
           ALthough
           the
           soil
           of
           this
           Kingdome
           of
           England
           ,
           wherein
           we
           are
           so
           happily
           and
           in
           so
           plentifull
           a
           manner
           planted
           and
           settled
           ,
           be
           so
           blessed
           with
           all
           sorts
           of
           Fruits
           ,
           that
           it
           hath
           been
           accounted
           and
           esteemed
           as
           the
           very
           seat
           of
           the
           Goddess
           of
           Fruit
           :
           
             Quod
             solum
             ejus
             ab
             omni
             frugum
             genere
             ita
             beatum
             ut
          
           Cereris
           
             sedem
             fuisse
             ,
             dixerit
          
           Orpheus
           :
           And
           been
           as
           it
           were
           the
           Barn
           and
           Storehouse
           of
           victuall
           and
           provision
           for
           the
           Western
           Empire
           ;
           
             Occidentalis
             Imperii
             quasi
             horreum
             &
             cella
             penuaria
             fuerit
          
           ;
           and
           doth
           abound
           with
           an
           innumerable
           multitude
           of
           tame
           and
           profitable
           Cattle
           ,
           flowing
           with
           milk
           ,
           and
           full
           freighted
           ;
           and
           laden
           with
           Wools
           ,
           that
           it
           seemeth
           not
           to
           need
           the
           help
           of
           any
           other
           Countreys
           or
           Colonies
           ,
           nor
           any
           of
           their
           Commodities
           :
           Yet
           let
           us
           withall
           consider
           how
           requisite
           and
           necessary
           the
           mutuall
           correspondency
           ,
           Commerce
           and
           Trade
           hath
           been
           ,
           and
           is
           ,
           for
           the
           exchange
           of
           such
           Goods
           and
           Commodities
           as
           this
           aboundeth
           withall
           in
           so
           plentifull
           a
           manner
           ,
           and
           may
           well
           spare
           ,
           and
           others
           want
           ,
           for
           those
           which
           those
           others
           abound
           withall
           in
           as
           plentifull
           a
           manner
           ,
           and
           may
           spare
           and
           this
           wanteth
           ;
           and
           what
           plenty
           ,
           store
           ,
           and
           encrease
           hath
           arisen
           ,
           and
           doth
           arise
           and
           arise
           and
           accrew
           to
           all
           ,
           and
           how
           much
           they
           have
           been
           and
           are
           enriched
           thereby
           .
        
         
           And
           it
           is
           not
           unknown
           what
           succour
           and
           relief
           this
           Nation
           ,
           though
           so
           plentifull
           ,
           hath
           oftentimes
           had
           and
           received
           from
           Foreign
           Nations
           ,
           by
           the
           importing
           even
           of
           such
           
           Commodities
           as
           this
           Nation
           hath
           at
           other
           times
           abounded
           withall
           ,
           and
           doth
           generally
           in
           a
           most
           plentifull
           manner
           abound
           :
           and
           the
           like
           succour
           no
           doubt
           other
           Nations
           have
           received
           from
           hence
           ,
           and
           one
           from
           another
           .
           Hence
           it
           is
           that
           Pliny
           saith
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           
             mercium
             commutatio
             victus
             causa
             inventa
             fuit
          
           ;
           this
           Commerce
           and
           Trade
           of
           exchanging
           Commodities
           for
           Commodities
           was
           invented
           for
           mans
           livelihood
           :
           
             diversas
             igitur
             gentes
             commercio
             ita
             miscuit
             ut
             quod
             genitum
             esset
             usquam
             ,
             id
             apud
             omnes
             gentes
             natum
             esse
             videretur
             :
          
           Commerce
           therefore
           hath
           so
           mingled
           divers
           Nations
           one
           with
           another
           ,
           that
           whatsoever
           is
           begotten
           anywhere
           should
           seem
           to
           be
           brought
           forth
           everywhere
           .
        
         
           And
           it
           is
           most
           of
           all
           to
           be
           considered
           ,
           if
           this
           Correspondency
           ,
           Commerce
           ,
           and
           Trade
           ,
           should
           not
           be
           upheld
           ,
           maintained
           ,
           and
           continued
           ,
           how
           the
           Shipping
           ,
           Navage
           ,
           and
           Navigation
           of
           this
           Kingdome
           (
           the
           wooden
           walls
           thereof
           )
           should
           be
           sustained
           ,
           since
           the
           benefit
           and
           profit
           raised
           and
           gained
           by
           such
           Commerce
           and
           Trade
           ,
           is
           the
           only
           incitement
           and
           encouragement
           to
           Merchants
           and
           Owners
           of
           Ships
           to
           build
           them
           ,
           and
           unto
           all
           Masters
           of
           Ships
           ,
           Pilots
           ,
           and
           other
           Mariners
           to
           sail
           ,
           serve
           ,
           and
           be
           employed
           in
           them
           ,
           and
           to
           others
           to
           addict
           themselves
           to
           that
           course
           of
           life
           ,
           to
           be
           trained
           and
           brought
           up
           therein
           ,
           for
           the
           obtaining
           of
           skill
           ,
           knowledge
           and
           perfection
           in
           Navigation
           .
        
         
           And
           we
           may
           wel
           be
           assured
           ,
           that
           if
           this
           benefit
           should
           cease
           ,
           few
           or
           no
           Ships
           at
           all
           would
           be
           built
           by
           private
           men
           in
           the
           time
           of
           peace
           ,
           and
           but
           few
           by
           the
           publique
           for
           the
           service
           of
           warre
           in
           the
           time
           of
           warre
           ;
           and
           those
           built
           in
           the
           time
           of
           peace
           would
           lie
           by
           the
           walls
           and
           rot
           ,
           their
           Tackle
           and
           furniture
           be
           decayed
           and
           wasted
           ,
           their
           Captains
           ,
           Commanders
           and
           Mariners
           unaccustomed
           to
           the
           seas
           and
           navigation
           ,
           or
           else
           unskilfull
           and
           unexperienced
           in
           sea
           affairs
           ,
           
           by
           which
           means
           this
           Nation
           would
           lye
           open
           to
           the
           violence
           of
           other
           Nations
           who
           envy
           its
           prosperity
           .
        
         
           If
           then
           the
           loss
           or
           discontinuance
           of
           the
           Trade
           ,
           Traffique
           and
           Commerce
           of
           this
           Kingdome
           with
           other
           Kingdomes
           ,
           Nations
           and
           Commonwealths
           ,
           may
           prove
           so
           dangerous
           ,
           how
           necessary
           will
           it
           be
           to
           keep
           and
           preserve
           the
           Laws
           of
           Nations
           Civil
           and
           Maritime
           ,
           the
           very
           Laws
           of
           Traffique
           ,
           Commerce
           and
           Trade
           ,
           whereby
           the
           same
           (
           withall
           requisites
           thereunto
           appertaining
           )
           are
           upheld
           and
           maintained
           compleat
           and
           perfect
           ,
           which
           is
           a
           point
           I
           must
           leave
           to
           be
           considered
           by
           my
           loving
           friends
           the
           Merchants
           of
           England
           ,
           Owners
           of
           Ships
           and
           Vessels
           ,
           and
           Sea-trading
           men
           that
           will
           spare
           but
           so
           much
           time
           as
           to
           read
           over
           this
           small
           Treatise
           !
        
      
    
     
       
         
         
           THE
           MARITIME
           DICAEOLOGIE
           ,
           OR
           SEA-JURISDICTION
           .
        
         
           
             CHAP.
             I.
             
          
           
             The
             Antiquity
             of
             the
             Admiralty
             in
             England
             set
             forth
             so
             farre
             as
             to
             prove
             the
             same
             to
             have
             been
             settled
             and
             continued
             in
             and
             before
             Edward
             the
             Third's
             time
             ,
             to
             whose
             time
             the
             Statute
             the
             13
             of
             Ric.
             2.
             referreth
             ,
             argued
             from
             the
             antiquity
             of
             the
             High-Officers
             that
             exercised
             that
             Jurisdiction
             in
             those
             times
             ,
             and
             from
             their
             Grants
             and
             Patents
             .
          
           
             FOR
             the
             antiquity
             of
             the
             Admiralty
             some
             have
             been
             of
             opinion
             ,
             that
             it
             had
             its
             rise
             ,
             and
             received
             its
             first
             beginning
             but
             in
             Edward
             the
             Third's
             time
             ;
             but
             from
             whence
             this
             opinion
             should
             arise
             ,
             or
             what
             should
             beget
             the
             same
             ,
             I
             know
             not
             ,
             unless
             its
             exceeding
             flourishing
             at
             that
             time
             set
             a
             greater
             mark
             upon
             it
             ,
             then
             all
             its
             proceedings
             and
             employments
             for
             a
             long
             time
             before
             had
             done
             .
          
           
             Some
             have
             derived
             its
             original
             from
             Edward
             the
             Third
             ,
             upon
             this
             ground
             ,
             that
             he
             in
             the
             49th
             year
             of
             his
             Reign
             ,
             caused
             an
             Inquisition
             to
             be
             taken
             at
             Quinborough
             ,
             by
             persons
             which
             he
             caused
             to
             be
             called
             from
             severall
             maritime
             Parts
             of
             this
             Land
             thither
             ,
             to
             consider
             of
             ,
             and
             agree
             upon
             such
             articles
             ,
             as
             should
             be
             necessary
             and
             fit
             for
             the
             Enquiry
             ,
             and
             making
             presentment
             of
             all
             such
             crimes
             and
             offences
             as
             should
             be
             committed
             upon
             the
             Seas
             ,
             
             or
             upon
             any
             Port
             ,
             Harbour
             ,
             Haven
             ,
             or
             Creek
             of
             the
             Sea
             ,
             conceiving
             that
             thereupon
             the
             Admiralty
             Court
             was
             then
             set
             up
             ,
             and
             not
             before
             .
          
           
             To
             take
             away
             this
             last
             conceipt
             in
             the
             first
             place
             ,
             and
             remove
             this
             opinion
             ,
             I
             shall
             from
             that
             49th
             year
             of
             Edward
             the
             Third
             ,
             look
             backwards
             unto
             what
             was
             done
             in
             all
             his
             time
             ,
             and
             then
             by
             degrees
             derive
             its
             originall
             farre
             further
             upwards
             ,
             by
             so
             many
             Admirals
             Patents
             ,
             and
             Records
             of
             the
             Tower
             (
             which
             I
             have
             seen
             and
             perused
             )
             as
             shall
             only
             serve
             to
             set
             forth
             ,
             and
             prove
             the
             continued
             settlement
             of
             that
             Jurisdiction
             all
             his
             time
             ,
             and
             from
             many
             years
             before
             without
             endeavouring
             a
             perfect
             Catalogue
             of
             all
             such
             Admirals
             upwards
             ,
             as
             I
             find
             amongst
             those
             Records
             mentioned
             ,
             and
             set
             forth
             ,
             it
             making
             little
             to
             my
             intent
             ,
             or
             purpose
             ,
             more
             then
             to
             enlarge
             that
             which
             I
             study
             to
             be
             brief
             in
             .
          
           
             But
             he
             that
             will
             be
             curious
             therein
             ,
             
             may
             find
             as
             well
             those
             that
             were
             both
             in
             and
             before
             Edward
             the
             Third's
             time
             briefly
             set
             down
             in
             Sir
             
               Henry
               Spelmans
            
             Glossarie
             under
             the
             title
             Admiral
             ,
             pag.
             16.
             as
             those
             that
             have
             been
             from
             the
             said
             Edward
             the
             Third's
             time
             unto
             the
             16th
             year
             of
             King
             James
             ,
             from
             which
             time
             the
             rest
             that
             have
             been
             since
             constituted
             ,
             are
             easily
             collected
             .
             Those
             then
             which
             serve
             to
             my
             purpose
             are
             these
             .
          
           
             I
             finde
             that
             before
             the
             49th
             of
             Edward
             the
             Third
             ,
             
             a
             Patent
             of
             that
             Office
             of
             Admiral
             was
             granted
             to
             
               Guy
               de
               Bryenne
               ad
               partes
               Occ●●●entales
               ,
               anno
               45
               Ed.
            
             3.
             
          
           
             
               And
               another
               to
            
             John
             Nevill
             ad
             partes
             Boreales
             ,
             
             anno
             44
             Ed.
             3.
             
          
           
             And
             another
             to
             
               John
               Nevill
            
             and
             
               Guy
               de
               Bryenne
            
             then
             Knights
             the
             same
             year
             ,
             
             both
             joyned
             together
             in
             one
             Patent
             .
          
           
             
               And
               another
               to
            
             Robert
             de
             Ashton
             ad
             partes
             Occidentales
             anno
             43.
             
             Ed.
             3.
             
             
          
           
             
               And
               another
               to
            
             Nich.
             T●mworth
             ad
             partes
             Boreales
             anno
             eodem
             .
          
           
             And
             another
             to
             
               Ralph
               Spignevell
            
             for
             the
             keeping
             the
             Town
             of
             Dover
             ,
             
             the
             Cinque-Ports
             ,
             and
             the
             Admiralty
             ,
             
               ad
               partes
               Australes
               ,
               Boreales
               ,
               et
               Occidentales
               anno
               38
               Ed.
            
             3.
             
          
           
             
               Next
               I
               shall
               here
               set
               forth
               a
               Patent
               at
               large
               ,
            
             
             
               granted
               to
            
             Robert
             de
             Herle
             anno
             35
             Ed.
             3.
             
               by
               which
               Patent
               it
               will
               plainly
               appear
               ,
               that
               the
               Office
               of
               the
               Admiral
               was
               then
               accounted
               an
               ancient
               Office
               ,
               and
               had
               an
               ancient
               ,
               different
               ,
               and
               distinct
               Jurisdiction
               from
               the
               Municipall
               Lawes
               of
               the
               Land.
               The
               Patent
               in
               the
               Tower
               Roll
               is
               thus
               set
               forth
               :
            
             
               
                 
                   
                     
                       Rex
                       universis
                       et
                       singulis
                       Vicecomitibus
                       ,
                       Majoribus
                       ,
                       Balivis
                       ,
                       Ministris
                       ,
                       Dominis
                       ,
                       Magistratis
                       ,
                       et
                       Marinariis
                       navium
                       ,
                       ac
                       aliis
                       fidelibus
                       suis
                       ,
                       tam
                       infra
                       libertates
                       ,
                       qua
                       extra
                       ,
                       ad
                       quos
                       ,
                       &c.
                       
                       Salutem
                       .
                       Sciatis
                       quod
                       nos
                       de
                       circumspectione
                       et
                       fidelitate
                       dilecti
                       et
                       fidelis
                       nostri
                       
                       
                         Roberti
                         de
                         Herle
                      
                       plenius
                       confidentes
                       ,
                       constituimus
                       ipsum
                       Admirallum
                       nostrum
                       omnium
                       flotarum
                       ,
                       navium
                       Australium
                       ,
                       Borealium
                       ,
                       &
                       Occidentalium
                       ,
                       quamdiu
                       nobis
                       placuerit
                       ,
                       Dante
                       's
                       ei
                       plenam
                       tenore
                       praesentium
                       potestatem
                       ,
                       audiendi
                       querelas
                       omnium
                       et
                       singulorum
                       de
                       hiis
                       quae
                       officium
                       Admiralli
                       tangunt
                       ,
                       &
                       cognoscendi
                       in
                       causis
                       maritimis
                       ,
                       &
                       justitiam
                       fa●iendi
                       ,
                       et
                       excessus
                       corrigendi
                       ,
                       et
                       Delinquentes
                       juxta
                       eorum
                       demerita
                       castigandi
                       ,
                       puniendi
                       ,
                       incarcerandi
                       ,
                       et
                       incarceratos
                       qui
                       deliberandi
                       fuerint
                       ,
                       deliberandi
                       ,
                       et
                       omnia
                       alia
                       quae
                       ad
                       officium
                       Admiralli
                       pertinent
                       faciendi
                       ,
                       et
                       ad
                       alios
                       ,
                       quos
                       ad
                       hoc
                       idoneos
                       noverit
                       ,
                       quoties
                       idem
                       Robertus
                       vacare
                       non
                       poterit
                       ,
                       ad
                       omnia
                       praemissa
                       ,
                       et
                       singula
                       faciendum
                       loco
                       suo
                       substituendum
                       et
                       deputandum
                       prout
                       ei
                       melius
                       videbitur
                       expedire
                       ;
                       et
                       ideo
                       vobis
                       mandamus
                       ,
                       quod
                       eidem
                       Roberto
                       ,
                       et
                       ejus
                       deputato
                       ,
                       in
                       praemissis
                       omnibus
                       &
                       singulis
                       faciendis
                       ,
                       et
                       exequendis
                       ,
                       intendentes
                       sitis
                       ,
                       et
                       respondentes
                       ,
                       quotiens
                       ,
                       et
                       prout
                       idem
                       Robertus
                       ,
                       vel
                       ejus
                       deputati
                       vobis
                       vel
                       alicui
                       vestrum
                       fecerint
                       ,
                       vel
                       fecerit
                       ex
                       parte
                       nostra
                       ;
                       in
                       cujus
                       ,
                       &c.
                       
                    
                     
                       
                         
                           T.
                           R.
                        
                         apud
                         Westmonasterium
                         .
                         per
                         ipsum
                         Regem
                         
                           26
                           die
                           Jan.
                           
                        
                      
                    
                  
                
              
            
          
           
             Now
             amongst
             those
             that
             have
             been
             of
             opinion
             that
             the
             Jurisdiction
             of
             the
             Admiralty
             had
             its
             beginning
             in
             Edward
             the
             Third's
             time
             ,
             
             I
             find
             Mr.
             Lambert
             to
             be
             one
             ,
             who
             in
             his
             Archeion
             saith
             ,
             that
             he
             thinketh
             that
             the
             decision
             of
             maritime
             causes
             was
             not
             put
             out
             of
             the
             Kings
             House
             ,
             and
             committed
             over
             unto
             the
             Admiral
             ,
             untill
             the
             time
             of
             Edward
             the
             Third
             ;
             and
             his
             reason
             is
             ,
             for
             that
             (
             as
             he
             saith
             )
             he
             never
             heard
             mention
             of
             it
             before
             the
             second
             year
             of
             Richard
             the
             Second
             ,
             who
             in
             his
             13th
             year
             made
             a
             Statute
             to
             restrain
             the
             Admiralty
             from
             medling
             any
             further
             then
             it
             used
             to
             do
             in
             the
             time
             of
             his
             Grandfather
             Edward
             the
             Third
             ;
             where
             he
             heard
             mention
             of
             it
             in
             the
             second
             year
             of
             Richard
             the
             second
             ,
             he
             mentioneth
             not
             .
          
           
             But
             he
             must
             give
             me
             leave
             ,
             (
             who
             by
             this
             Record
             last
             mentioned
             ,
             and
             by
             divers
             others
             have
             found
             mention
             made
             of
             it
             before
             such
             time
             as
             he
             heard
             mention
             of
             it
             ,
             and
             for
             divers
             other
             reasons
             )
             to
             believe
             this
             Court
             to
             be
             farre
             more
             ancient
             then
             he
             thought
             it
             to
             be
             .
          
           
             For
             if
             this
             Record
             be
             well
             observed
             ,
             it
             will
             plainly
             appear
             that
             the
             Office
             of
             the
             Admiralty
             was
             an
             ancient
             Office
             at
             the
             time
             of
             the
             Grant
             ,
             which
             may
             easily
             be
             gathered
             out
             of
             these
             words
             :
             
               
                 Dante
                 's
                 ei
                 plenam
                 tenore
                 praesentium
                 potestatem
                 audiendi
                 querelas
                 omnium
                 et
                 singulorum
                 de
                 hiis
                 quae
                 officium
                 Admiralli
                 tangunt
                 ,
                 &c.
                 
              
            
             and
             likewise
             out
             of
             these
             ,
             
               
                 et
                 omnia
                 alia
                 quae
                 ad
                 officium
                 Admiralli
                 pertinent
                 ,
                 &c.
                 
              
            
             from
             whence
             it
             appeareth
             that
             there
             was
             then
             a
             known
             Office
             of
             the
             Admiral
             ,
             not
             then
             lately
             instituted
             and
             ordained
             .
             
             And
             it
             will
             more
             plainly
             appeare
             ,
             if
             we
             look
             further
             back
             to
             the
             Grants
             and
             Patents
             made
             unto
             others
             throughout
             this
             Kings
             Reign
             ,
             and
             other
             Kings
             Reigns
             before
             him
             ,
             which
             being
             deduced
             out
             of
             the
             Tower
             Records
             ,
             will
             shew
             this
             Office
             and
             Place
             to
             be
             of
             a
             farre
             greater
             antiquity
             :
             I
             shall
             therefore
             steer
             my
             course
             by
             degrees
             backwards
             towards
             the
             confines
             of
             the
             antiquity
             of
             this
             Jurisdiction
             ,
             although
             hopeless
             to
             arrive
             there
             ;
             yet
             I
             shall
             go
             as
             farre
             by
             the
             antient
             Records
             as
             will
             serve
             for
             my
             purpose
             .
             
          
           
             
               Next
               before
               this
            
             Robertus
             de
             Herle
             ,
             John
             de
             Bello-Campo
             frater
             
               Tho.
               de
               Bello-Campo
            
             ,
             Com.
             Warwicensis
             ,
             Eques
             primae
             fundationis
             ordinis
             periscelidis
             constitutus
             fuit
             Admirallus
             ad
             partes
             tam
             Boreales
             quam
             Occidentales
             
               Angliae
               ,
               10.
               
               Julii
            
             anno
             34
             Ed.
             3.
             qui
             fuit
             eodem
             tempore
             Dom.
             Gardianus
             quinque
             Portuum
             ,
             constabularius
             Turris
             Lond.
             et
             Castri
             Dover
             ,
             
             et
             obiit
             in
             possessione
             dictorum
             munerum
             2.
             
             Decembris
             eodem
             anno
             .
          
           
             
               Robertus
               Morley
            
             ,
             Baro
             de
             Hengham
             constitutus
             fuit
             Admirallus
             ad
             partes
             Boreales
             5
             Martii
             ,
             anno
             29
             Ed.
             3.
             
             &
             
               Johan
               .
               de
               Bello-Campo
            
             fuit
             eodem
             tempore
             Admirallus
             ad
             partes
             Occidentales
             qui
             eandem
             dignitatem
             obtinuit
             anno
             24
             Ed.
             3.
             
             
          
           
             
               Wiliel
               .
               de
               Bohun
            
             Comes
             Northampt.
             constitutus
             fuit
             Admirallus
             ad
             partes
             Boreales
             8.
             
             Martii
             anno
             25
             Ed.
             3.
             &
             eodem
             tempore
             Hen.
             Du●●
             Lancast
             .
             constitutus
             fuit
             Admirallus
             ad
             partes
             Occidentales
             ,
             &
             proximo
             sequente
             anno
             in
             ejus
             loco
             
               Tho.
               de
               Bello-Campo
            
             Comes
             Warwicensis
             .
          
           
             
               Robertus
               de
               Ufford
            
             Comes
             Suffolciae
             ,
             
             quum
             constitutus
             fuisset
             Admirallus
             ad
             partes
             Boreales
             8.
             
             Maii
             ,
             anno
             18
             Ed.
             3.
             continuatus
             fuit
             Admirallus
             23.
             
             Feb.
             anno
             20
             Ed.
             3.
             
             &
             Rich.
             fil
             .
             Alani
             Comes
             Arund
             .
             qui
             constitutus
             fuisset
             Admirallus
             ad
             partes
             Occidentales
             23.
             
             Feb.
             anno
             19
             Ed.
             3.
             continuatus
             fuit
             Admirallus
             23.
             
             Feb.
             anno
             28
             Ed.
             3.
             
          
           
             
               Robertus
               Morley
            
             Baro
             de
             Hengham
             fuit
             Admirallus
             ad
             partes
             Boreales
             in
             anno
             13
             Ed.
             3.
             &
             in
             anno
             16
             ejusdem
             Regis
             per
             literas
             patentes
             constitutus
             Capitaneus
             ,
             
             &
             Admirallus
             singulorum
             portuam
             ,
             &
             locorum
             per
             costram
             maris
             versus
             partes
             Boreales
             quamdiu
             &c.
             
               T.
               R.
            
             apud
             
               Eltham
               3.
               
               Aprilis
            
             .
          
           
             Et
             
               Johannes
               de
               monte
               Gomeri
            
             eodem
             tempore
             constitutus
             fuit
             Capitaneus
             ,
             &
             Admirallus
             ,
             &c.
             tam
             quinque
             portuum
             ,
             quam
             aliorum
             portuum
             ,
             &
             locorum
             per
             costram
             maris
             versus
             partes
             Occidentales
             quamdiu
             ,
             &c.
             
               T.
               R.
            
             apud
             
               Eltham
               3.
               
               Aprilis
            
             .
          
           
             
               Walterus
               de
               Manney
            
             in
             anno
             11.
             
             Ed.
             3.
             fuit
             Admirallus
             ad
             partes
             Boreales
             ,
             
             ut
             constat
             ,
             quod
             eodem
             anno
             idem
             
               Walter
               .
               Manney
            
             tam
             nuper
             constitutus
             Capitantus
             &
             Admirallus
             ,
             &c.
             
               Hugonem
               Venables
            
             ,
             &
             
               Michaelem
               Chylde
            
             conjunctim
             &
             divisim
             loco
             suo
             deputavit
             &c.
             et
             Rex
             ibi
             confirmavit
             
               T.
               R.
            
             apud
             
               Weston
               .
               5
               Sept.
            
             
          
           
           
             Et
             eodem
             anno
             
               Barthol
               .
               de
               Burghersh
            
             fuit
             Capitaneus
             &
             Admirallus
             ad
             partes
             Occidentales
             .
          
           
             
               Johannes
               Normico
            
             constitutus
             fuit
             Capitaneus
             et
             Admirallus
             omnium
             portuum
             et
             locorum
             &c.
             versus
             partes
             Boreales
             2.
             
             Jan.
             anno
             8
             Ed.
             3.
             
             Et
             
               Rogerus
               de
               Hengham
            
             constitutus
             fuit
             Capitaneus
             et
             Admirallus
             ,
             
             &c.
             tam
             quinque
             portuum
             ,
             quam
             aliorum
             portuum
             et
             locorum
             ,
             &c.
             
          
           
             
               And
               in
               the
               first
               year
               of
               the
               same
               Kings
               Reign
               ,
            
             
             Johannes
             Parbroun
             constitutus
             fuit
             Capitaneus
             et
             Admirallus
             ,
             &c.
             versus
             partes
             Boreales
             ,
             per
             ipsum
             Regem
             et
             Consilium
             21
             Aprilis
             .
          
           
             Et
             
               Wares
               de
               Valoniis
            
             versus
             partes
             Occidentales
             eodem
             die
             .
          
           
             
               And
               these
               are
               those
               Admirals
               ,
               but
               not
               those
               only
               (
               as
               will
               hereafter
               appear
               )
               to
               whose
               office
               and
               power
               the
               Patent
               of
            
             Robert
             de
             Herle
             
               of
               the
               35
               of
            
             Edward
             
               the
               Third
               relateth
               in
               the
            
             Dante
             's
             ei
             plenam
             tenore
             praesentium
             potestatem
             audiendi
             querelas
             omnium
             et
             singulorum
             de
             hiis
             quae
             officium
             Admiralli
             tangunt
             ,
             et
             cognoscendi
             in
             causis
             maritimis
             ,
             et
             justitiam
             faciendi
             ,
             &c.
             et
             omnia
             alia
             quae
             ad
             officium
             Admiralli
             pertinent
             faciendi
             ,
             etc.
             prout
             in
             dictis
             literis
             .
          
           
             
               These
               had
               their
               Patents
               from
               the
               same
               King
               ,
            
             
             
               as
               appeareth
               by
               their
               Patents
               themselves
               in
               the
               Tower
               Rolls
               :
            
             Rex
             omnibus
             ad
             quos
             ,
             &c.
             salutem
             :
             Sciatis
             quod
             nos
             de
             fidelitate
             probatâ
             ,
             et
             circumspectione
             providâ
             dilecti
             et
             fidelis
             nostri
             
               Rogeri
               de
               Hengham
            
             plenariè
             confidentes
             ,
             constituimus
             ipsum
             Rogerum
             Capitaneum
             et
             Admirallum
             ,
             &c.
             
          
           
             
               And
               so
               had
               the
               last
               mentioned
               ,
            
             
             
               constituted
               in
               the
               first
               year
               of
               his
               Reign
               :
            
             Rex
             omnibus
             ad
             quos
             ,
             &c.
             salutem
             .
             Sciatis
             quod
             nos
             de
             circumspectione
             et
             fidelitate
             dilecti
             nobis
             
               Johannis
               Parbroun
            
             confidentes
             constituimus
             ipsum
             Capitaneum
             et
             Admirallum
             ,
             &c.
             
               T.
               R.
            
             apud
             Rocksborough
             2
             die
             Jan.
             
          
           
             
               And
               by
               the
               same
               Patents
               they
               have
            
             potestatem
             castigandi
             ,
             puniendi
             ,
             &c.
             prout
             justum
             fuerit
             ,
             et
             hactenus
             consuevit
             ,
             &c.
             in
             cujus
             ,
             &c.
             
               T.
               R.
            
             apud
             
               Stanford
               21
               Aprilis
            
             ,
             et
             mandatum
             est
             omnibus
             et
             singulis
             ,
             &c.
             
          
           
             Now
             to
             remove
             the
             first
             opinion
             ,
             it
             is
             plain
             hereby
             that
             this
             Office
             of
             the
             Admiral
             had
             not
             its
             beginning
             in
             Edward
             the
             Third's
             time
             ,
             the
             Patents
             themselves
             ,
             all
             of
             them
             ,
             as
             well
             these
             of
             the
             first
             year
             ,
             as
             the
             other
             ,
             determining
             the
             power
             thereby
             granted
             with
             
               prout
               justum
               fuerit
               ,
               et
               hactenus
               fieri
               consuevit
               :
            
             so
             that
             it
             plainly
             appeareth
             by
             the
             words
             
               hactenus
               consuevit
            
             ,
             that
             this
             had
             been
             a
             settled
             Office
             before
             the
             granting
             of
             his
             very
             Patent
             in
             the
             first
             year
             of
             Edward
             the
             Third
             :
             nor
             was
             this
             ,
             and
             those
             of
             his
             time
             the
             first
             Patents
             that
             determined
             the
             Admirals
             power
             ,
             with
             a
             
               Prout
               justum
               fuerit
               ,
               et
               hactenus
               fieri
               consuevit
               .
            
          
           
             
               For
               in
               the
            
             20th
             
               year
               of
            
             Edward
             
               the
               Second
               I
               find
            
             Robertus
             Leybourne
             
             constitutus
             fuit
             Admirallus
             versus
             partes
             Boreales
             :
             
             Et
             
               Nicholaus
               Kyrel
            
             versus
             partes
             Occidentales
             anno
             19
             Ed.
             2.
             
             
               both
               which
               Patents
               conclude
               with
               the
               same
               words
            
             ;
             prout
             justum
             fuerit
             ,
             et
             hactenus
             fieri
             consuevit
             .
          
           
             
               In
               the
            
             15th
             
               year
               of
               the
               same
               Kings
               Reign
            
             Robertus
             Leybourn
             censtitutus
             fuit
             Admirallus
             navium
             Regis
             super
             mari
             Occidentali
             ,
             
             et
             
               Robertus
               Battalius
            
             ,
             (
             alias
             Batallus
             )
             de
             singulis
             portibus
             versus
             Austrum
             .
          
           
             Then
             do
             I
             find
             some
             styled
             Admirals
             ,
             and
             others
             styled
             and
             constituted
             by
             other
             titles
             .
          
           
             As
             
               John
               Athy
            
             stiled
             by
             the
             title
             of
             
               Capitaneus
               Navigii
            
             ,
             
             in
             the
             10th
             year
             of
             Edward
             the
             Second
             .
          
           
             Et
             
               Nich.
               Kirel
            
             constitutus
             fuit
             Admirallus
             ,
             &c.
             versus
             partes
             Occidentales
             .
          
           
             
               And
               in
               the
            
             35th
             
               year
               of
            
             Edward
             
               the
               First
            
             ,
             
             viz.
             Symo
             de
             Monte
             acuto
             assignatus
             fuit
             Capitaneus
             et
             Gubernator
             Flotae
             ,
             Navium
             ,
             &c.
             
          
           
             
               And
               in
               the
               year
               next
               preceding
            
             viz.
             
             
               in
               the
               four
               and
               thirtieth
               year
               of
            
             Edward
             
               the
               First
            
             ,
             Gervasius
             Alard
             constitutus
             fuit
             Capitaneus
             et
             Admirallus
             Flotae
             ,
             Navium
             ,
             quinque
             Portuum
             ,
             et
             aliorum
             Portuum
             ,
             à
             portu
             Dover
             per
             Costram
             maris
             versus
             partes
             Occidentales
             ,
             usque
             in
             Cornubiam
             ,
             atque
             totius
             Comitatus
             Cornubiae
             .
          
           
             And
             Edwardus
             Charles
             versus
             partes
             Boreales
             usque
             ad
             villam
             de
             Berwick
             super
             Tweed
             ,
             et
             ejusdem
             villae
             .
          
           
             
               Johannes
               Botetort
            
             constitutus
             fuit
             Custos
             regis
             portuum
             maritimorum
             versus
             partes
             Boreales
             .
             
          
           
             
               Willielmus
               Leybourne
            
             constitutus
             Capitaneus
             marinariorum
             ,
             
             &c.
             Idem
             constitutus
             fuit
             Admirallus
             Angliae
             .
          
           
             Now
             though
             Mr.
             Lambard
             did
             think
             the
             decision
             of
             Maritime
             causes
             was
             not
             put
             out
             of
             the
             Kings
             House
             untill
             Edward
             the
             Third's
             time
             ,
             
             because
             (
             as
             he
             saith
             )
             he
             found
             no
             mention
             of
             an
             Admiral
             before
             Richard
             the
             Second's
             time
             ;
             yet
             doth
             it
             plainly
             appear
             by
             the
             beforementioned
             Patents
             ,
             that
             there
             were
             several
             Admirals
             ,
             even
             up
             unto
             the
             three
             and
             twentieth
             year
             of
             Edward
             the
             First
             .
             Though
             some
             of
             them
             went
             without
             that
             title
             ,
             yet
             had
             they
             the
             same
             office
             ,
             and
             the
             same
             power
             ,
             which
             together
             with
             the
             
               prout
               hactenus
               consuevit
            
             ,
             wherewith
             the
             before
             mentioned
             Admirals
             Patents
             are
             terminated
             and
             concluded
             ,
             hath
             guided
             me
             further
             backwards
             ,
             and
             led
             me
             to
             many
             others
             of
             more
             ancient
             times
             ,
             that
             have
             exercised
             that
             Office
             under
             divers
             other
             titles
             ,
             which
             bear
             the
             same
             signification
             ,
             though
             not
             the
             same
             appellation
             ;
             nor
             do
             these
             former
             titles
             (
             in
             my
             judgement
             )
             seem
             to
             carry
             any
             less
             power
             and
             authority
             under
             them
             ,
             then
             doth
             the
             title
             of
             Admiral
             ,
             or
             
               Capitaneus
               et
               Admirallus
            
             ;
             but
             seem
             rather
             to
             
             have
             conveyed
             unto
             the
             Admirals
             so
             styled
             ,
             which
             have
             succeeded
             in
             that
             Office
             ,
             such
             power
             and
             authority
             as
             they
             have
             since
             exercised
             and
             used
             .
          
           
             And
             here
             I
             shall
             set
             forth
             the
             parties
             that
             formerly
             bore
             this
             Office
             ,
             and
             by
             what
             names
             and
             titles
             they
             bore
             the
             same
             ,
             before
             the
             title
             of
             Admiral
             was
             added
             thereunto
             .
          
           
             
               In
               the
               two
               and
               twentieth
               year
               of
               the
               said
               King
            
             Edward
             
               the
               First
               his
               Reign
            
             ,
             
             Willielmus
             Leybourne
             constitutus
             fuit
             Capitaneus
             nautarum
             et
             marinellorum
             ,
             quinque
             portuum
             et
             membrorum
             eorundem
             .
             Et
             similiter
             
               Jesemuch
               Bayon
               Hiberniae
               ,
               Walliae
            
             ,
             et
             omnium
             aliorum
             portuum
             et
             locorum
             ,
             in
             quibus
             naves
             et
             Battalli
             applicant
             infra
             regnum
             et
             potestatem
             Regis
             ,
             etc.
             
               attested
               by
               the
               King
               at
            
             Westminster
             
               the
               seventh
               of
            
             June
             .
          
           
             In
             the
             48th
             yeer
             of
             Henry
             the
             Third
             
               Tho.
               de
               Moleton
               constitutus
               fuit
               Custos
               maris
               ,
            
             
             
               portuum
               maritimorum
               et
               maritimarum
               partium
            
             :
             And
             in
             the
             same
             Patent
             ,
             the
             Barons
             and
             Bayliffs
             of
             the
             Cinque-Ports
             ,
             and
             all
             others
             of
             or
             belonging
             unto
             the
             Maritime
             parts
             ,
             are
             commanded
             to
             be
             attending
             ,
             aiding
             and
             assisting
             unto
             the
             said
             
               Tho.
               tanquam
               Custodi
               maris
               ,
               et
               maritimarum
               partium
            
             ;
             attested
             by
             the
             King
             at
             Canterbury
             .
          
           
             
               In
               the
            
             19th
             
               year
               of
               the
               same
               Kings
               reign
            
             Hammon
             de
             Crevequor
             ,
             et
             Wollerandus
             Tutonick
             habuerunt
             custodiam
             quinque
             
             portuum
             ,
             cum
             costrâ
             maris
             à
             portu
             de
             Hastings
             usque
             ad
             portum
             de
             la-Pool
             ,
             etc.
             
               And
               their
               Patent
               is
               attested
               by
               the
               King
               at
            
             Canterbury
             the
             10th
             of
             February
             .
          
           
             
               In
               the
            
             9th
             
               year
               of
               his
               reign
            
             Richardus
             Augillan
             constituts
             fuit
             Custos
             marinae
             reg
             .
             
             
               Norfolcae
               ,
               Suffolcae
            
             ,
             cum
             omnibus
             pertinentiis
             suis
             :
             sc
             .
             Erewell
             ,
             Oreford
             ,
             Dunwitch
             ,
             Gernemouth
             ,
             and
             Lynne
             .
             
               And
               the
               King
               in
               their
               Patents
               doth
               command
               all
               men
               belonging
               unto
               these
               Coasts
               to
               be
               attendant
               and
               obedient
               unto
               them
               in
               all
               things
               thereunto
               belonging
               .
               The
               Patent
               runneth
               in
               these
               generall
               words
               :
            
             Rex
             omnibus
             de
             costra
             maris
             Norfolcae
             ,
             et
             Suffolcae
             ,
             salutem
             :
             Sciatis
             quòd
             concessimus
             
               Richardo
               Aguillan
            
             marinam
             nostram
             Norffolcae
             et
             Suffolae
             cum
             omnibus
             pertinentiis
             suis
             :
             sc
             .
             
               Erewell
               ,
               Oreford
               ,
               Dunwitch
               ,
               Gernmouth
               ,
            
             et
             Linn
             ,
             Custodiend
             .
             quamdiu
             nobis
             placuerit
             ;
             et
             ideo
             vobis
             mandamus
             quòd
             ei
             in
             omnibus
             ,
             quae
             ad
             dictam
             marinam
             pertinent
             ,
             intendentes
             sitis
             et
             respondentes
             .
             T.
             R.
             apud
             Westmonast
             .
             3
             die
             Octobris
             .
          
           
             
               In
               the
               same
               year
            
             commisit
             Johanni
             filio
             Roberti
             &
             Ohoeli
             de
             Insulâ
             ,
             
             partes
             &
             marinam
             Com.
             Northumbriae
             custodiend
             .
             quamdiu
             Domino
             Regi
             placuerit
             ;
             &
             mandatum
             est
             Vicecomiti
             Northumbriae
             ,
             quòd
             proclamari
             faciat
             pro
             totam
             Ballivam
             suam
             ,
             quòd
             omnes
             eis
             in
             omnibus
             quae
             ad
             praedictas
             partes
             &
             marinam
             pertinent
             ,
             intendentes
             sint
             ,
             &
             respondentes
             .
             
               T.
               R.
               26.
               
               Aprilis
            
             .
          
           
             
               In
               his
               eighth
               year
            
             commisit
             
               Johanni
               de
               Baosis
            
             marinam
             suam
             de
             
             Cornub.
             
             &
             Devon.
             custodiend
             .
             quamdiù
             ei
             placuerit
             .
             Et
             mandatum
             est
             omnibus
             per
             costram
             maris
             ,
             Cornub.
             &
             Devon.
             quòd
             ei
             in
             omnibus
             quae
             ad
             marinam
             illam
             pertinent
             intendentes
             sint
             ,
             &
             respondentes
             .
             
               T.
               R.
            
             apud
             Lond.
             7.
             die
             Septembris
             .
          
           
             Eodem
             modo
             scribitur
             omnibus
             de
             costra
             Dorcest
             .
             
             pro
             
               Radulpho
               de
               Germam
            
             ,
             qui
             illarum
             partium
             marinam
             habuit
             .
          
           
             Richardus
             de
             Lucy
             
               dicitur
               habuisse
               marinam
            
             Angliae
             29
             Augusti
             .
             
          
           
             So
             that
             it
             appeareth
             that
             those
             that
             bore
             this
             Office
             of
             the
             Admirall
             ,
             before
             that
             title
             was
             used
             ,
             were
             sometimes
             called
             
               Capitanei
               Navigii
            
             ,
             in
             respect
             of
             the
             great
             power
             they
             had
             over
             all
             manner
             of
             Shipping
             :
             for
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             navigium
             ,
             with
             the
             
               French
               ,
               Toute
               sorte
               de
               navire
            
             ;
             with
             the
             
               Italian
               ,
               navilo
               ,
               vassello
            
             ;
             with
             the
             
               German
               ,
               ein
               jede
               gattung
               eines
               schiffs
            
             ;
             with
             the
             
               Spaniard
               ,
               nave
               del
               navio
            
             ,
             is
             
               omne
               genus
               navium
               quo
               navigamus
            
             ,
             what
             sort
             of
             Ship
             soever
             wherewith
             we
             sail
             .
             
               Navigium
               est
               genus
               continens
               naves
               ,
               rates
               ,
               &
               caeteras
               species
               quibus
               ad
               navigationem
               utimur
               ,
            
             saith
             Spieg.
             And
             thus
             shall
             we
             find
             the
             word
             used
             wheresoever
             we
             read
             it
             :
             
               Jamque
               qui
               aedificare
               velint
               Fabros
               &
               Architectos
               advocent
               ;
               Qui
               navigia
               mari
               concreders
               ,
               gubernandi
               peritos
               qui
               bella
               moliri
               ,
               armorum
               &
               militiae
               gnaros
               ;
               &
               ,
               ne
               singula
               prosequar
               ,
               ei
               studio
               quòd
               quis
               agere
               velit
               ,
            
             
             
               consultissmum
               rectorem
               adhibeat
            
             ;
             Cicer.
             de
             Nat
             Deorum
             .
             So
             general
             is
             the
             word
             for
             all
             manner
             of
             Shipping
             ,
             that
             it
             is
             in
             that
             regard
             used
             for
             Navigation
             it self
             :
             
               Sumitur
               tam
               pro
               navigatione
               ipsa
               ,
               quàm
               navi
               quacunque
               ,
            
             saith
             Oldendorp
             .
             And
             so
             it
             is
             used
             sometimes
             in
             the
             Civil
             Law
             :
             
               Aliis
               mercibus
               emptis
               &
               in
               navem
               missis
               ,
               ipse
               in
            
             Syriam
             
               per
               navigium
               proficiscatur
            
             .
          
           
             Sometimes
             they
             were
             called
             
               Capitanei
               &
               Gubernatores
               Flotarum
               ,
               Navium
               ,
            
             in
             regard
             of
             their
             employment
             ,
             in
             ordering
             and
             ruling
             of
             the
             Kings
             Fleet
             ,
             employed
             either
             against
             an
             Enemy
             actively
             ,
             or
             for
             the
             defence
             of
             the
             Kingdome
             whensoever
             disturbed
             by
             an
             Enemy
             ;
             and
             for
             his
             power
             in
             gathering
             together
             of
             whatsoever
             Ships
             he
             thought
             fitting
             for
             raising
             of
             Navies
             ,
             or
             supply
             of
             the
             defects
             of
             those
             formerly
             raised
             ,
             and
             the
             like
             .
          
           
             Sometimes
             they
             were
             called
             
               Custodes
               Maritimarum
               partium
            
             ,
             for
             that
             it
             was
             his
             office
             and
             duty
             to
             see
             all
             the
             maritime
             parts
             and
             borders
             of
             the
             Sea
             sufficiently
             provided
             of
             all
             things
             needfull
             and
             necessary
             for
             the
             defence
             of
             the
             Nation
             against
             a
             forrain
             Enemy
             ;
             and
             so
             likewise
             furnished
             with
             all
             manner
             of
             necessary
             provisions
             ,
             for
             the
             entertainment
             of
             our
             own
             Ships
             ,
             and
             Mariners
             ,
             and
             reliefe
             of
             the
             Kings
             Friends
             which
             should
             touch
             there
             in
             distress
             ,
             that
             his
             Subjects
             might
             receive
             the
             like
             upon
             the
             like
             occasion
             .
          
           
             Sometime
             
               Capitanei
               Nautarum
               &
               marinellorum
            
             ,
             for
             the
             power
             that
             
             they
             had
             over
             all
             the
             sea-faring
             men
             ,
             in
             ordering
             them
             ,
             and
             deciding
             differences
             which
             should
             fall
             out
             amongst
             them
             ,
             or
             between
             them
             and
             others
             with
             whom
             they
             dealt
             ,
             or
             had
             to
             do
             :
             And
             as
             a
             Captain
             and
             Commander
             ought
             not
             to
             suffer
             them
             to
             wrong
             any
             ,
             nor
             to
             be
             wronged
             by
             any
             .
          
           
             Sometimes
             
               Custodes
               maris
               &
               maritimarum
               partium
            
             ,
             in
             regard
             they
             were
             to
             see
             to
             the
             furnishing
             of
             the
             Kings
             Ships
             at
             Sea
             ,
             with
             Men
             ,
             Victuall
             ,
             Tackle
             ,
             Furniture
             and
             Ammunition
             ;
             sometimes
             adding
             to
             the
             strength
             of
             the
             Navy
             ,
             by
             furnishing
             out
             more
             Ships
             from
             the
             Ports
             to
             the
             Sea
             ,
             ready
             provided
             with
             necessaries
             ,
             such
             as
             they
             found
             fitting
             for
             that
             service
             ;
             and
             sometimes
             withdrawing
             ,
             or
             (
             if
             present
             in
             the
             Navy
             )
             discharging
             others
             as
             occasion
             required
             .
             And
             as
             well
             to
             see
             to
             the
             ordering
             business
             upon
             the
             sea
             ,
             as
             upon
             the
             Coasts
             and
             Borders
             of
             the
             sea
             .
          
           
             Sometimes
             they
             were
             styled
             
               Custodes
               marinae
               Regis
            
             ,
             in
             respect
             they
             had
             the
             keeping
             ,
             ordering
             ,
             ruling
             and
             disposing
             of
             all
             Maritime
             business
             ,
             and
             Sea
             affairs
             ,
             which
             belonged
             unto
             the
             King
             himself
             ,
             and
             concerned
             his
             Kingdomes
             generall
             good
             ,
             or
             his
             Subjects
             particular
             benefit
             ,
             and
             quiet
             ,
             either
             amongst
             themselves
             ,
             or
             with
             Forreigners
             .
          
           
             Which
             Title
             ,
             as
             it
             was
             the
             first
             ,
             I
             find
             born
             by
             the
             chief
             Officers
             for
             the
             ruling
             and
             ordering
             all
             Maritime
             affairs
             ,
             within
             such
             limits
             as
             were
             assigned
             them
             by
             the
             King
             :
             so
             I
             conceive
             it
             comprehends
             as
             much
             power
             as
             the
             title
             of
             Admiral
             ;
             and
             either
             of
             these
             as
             much
             as
             any
             of
             the
             rest
             ,
             and
             indeed
             as
             much
             as
             all
             the
             rest
             :
             And
             yet
             I
             conceive
             too
             ,
             that
             any
             one
             of
             the
             rest
             intentionally
             ,
             and
             as
             it
             was
             used
             ,
             comprehended
             as
             much
             as
             either
             of
             these
             :
             But
             I
             shall
             not
             here
             dispute
             what
             the
             power
             ,
             authority
             ,
             or
             jurisdiction
             of
             any
             of
             these
             Officers
             was
             (
             which
             doubtless
             was
             the
             same
             )
             but
             shall
             deferre
             that
             to
             another
             head
             more
             proper
             for
             the
             debate
             .
          
           
             I
             have
             here
             ,
             so
             farre
             as
             my
             line
             would
             reach
             ,
             and
             my
             small
             skill
             in
             records
             direct
             and
             guide
             me
             ,
             followed
             the
             antiquity
             of
             these
             highest
             Sea-officers
             ,
             wherein
             ,
             without
             doubt
             ,
             I
             have
             in
             my
             way
             mist
             many
             things
             that
             might
             have
             been
             pertinent
             to
             that
             I
             aime
             at
             :
             Yet
             have
             I
             (
             as
             I
             conceive
             )
             by
             records
             discovered
             a
             continued
             imployment
             of
             such
             Officers
             ,
             without
             any
             intermission
             ,
             or
             cessation
             at
             all
             of
             that
             Office
             ,
             even
             from
             the
             latter
             end
             of
             King
             Edward
             the
             Thirds
             time
             ,
             up
             to
             the
             eighth
             year
             of
             King
             Henry
             the
             Third
             :
             and
             so
             I
             have
             hitherto
             argued
             the
             antiquity
             of
             the
             Jurisdiction
             ,
             from
             the
             antiquity
             of
             the
             Officer
             .
             What
             this
             Jurisdiction
             anciently
             was
             ,
             will
             hereafter
             be
             disputed
             ;
             in
             
             which
             dispute
             the
             antiquity
             of
             the
             Admiralty
             will
             be
             further
             discovered
             .
          
        
         
           
             CHAP.
             II.
             
          
           
             That
             these
             high
             Officers
             and
             Admirals
             ,
             or
             Keepers
             of
             the
             Seas
             ,
             Sea-coasts
             and
             Ports
             ,
             had
             like
             power
             and
             authority
             in
             them
             ,
             and
             over
             them
             ,
             as
             the
             Keepers
             and
             Governors
             of
             Land-Provinces
             had
             over
             them
             ;
             and
             had
             their
             Maritime
             Lawes
             for
             guidance
             of
             their
             Jurisdiction
             ,
             both
             Civil
             and
             Criminal
             ,
             as
             well
             as
             the
             other
             had
             their
             Land
             Laws
             for
             the
             guidance
             of
             theirs
             .
          
           
             
               THe
               next
               thing
               I
               observe
               ,
               is
               that
               the
               preceding
               Officers
               ,
               which
               this
            
             [
             prout
             hactenus
             ]
             
               led
               me
               unto
               ,
               are
               most
               of
               them
               rendred
               unto
               us
               under
               the
               titles
               of
            
             Custodes
             :
             As
             Custos
             maritimarum
             partium
             ;
             
             Custos
             maris
             &
             maritimarum
             partium
             ;
             Custos
             Portuum
             cum
             costrâ
             maris
             ;
             Custos
             marinae
             ,
             Custos
             portuum
             &
             marinae
             :
             
               most
               of
               which
               Officers
               so
               styled
               ,
               which
               I
               had
               formerly
               met
               with
               amongst
               the
               Records
               of
               the
               Tower
               ,
               I
               met
               with
               again
               in
               Mr.
            
             Seldens
             book
             de
             Dominio
             maris
             ,
             
               quoted
               out
               of
               the
               same
               Records
               ;
               who
               from
               thence
               ,
               and
               some
               other
               good
               and
               sound
               reasons
               there
               exprest
               ,
               inferreth
            
             Quod
             apertè
             constat
             Reges
             Angliae
             praefectos
             constituere
             solitos
             ,
             qui
             mare
             Anglicanam
             custodirent
             ,
             seu
             ejus
             custodes
             essent
             ,
             sive
             praefecti
             ,
             non
             aliter
             ac
             Provinciae
             cujuscunque
             terrestris
             .
             
               They
               were
               to
               be
               keepers
               of
               the
               Seas
               in
               such
               wise
               ,
               as
               others
               were
               of
               every
               Land
               Province
               .
            
             Primò
             autem
             (
             
               saith
               he
            
             )
             mari
             ,
             maritimae
             ,
             &
             marinae
             (
             idque
             ubi
             his
             vocibus
             ,
             non
             regio
             solùm
             maritima
             ,
             sed
             ipse
             etiam
             Oceanus
             Britannicus
             planè
             continetur
             (
             quod
             non
             semper
             fieri
             fatemur
             )
             praeficiebantur
             qui
             tuerentur
             &
             custodirent
             nomine
             custodum
             (
             ut
             interdum
             )
             navium
             ,
             frequentius
             verò
             maritimae
             sensu
             jam
             dicto
             .
             
             
               To
               which
               he
               addeth
               another
               further
               reason
               ,
               and
               saith
               ,
               that
            
             primaria
             Commitiorum
             Parliaementariorum
             ratio
             anno
             Regis
             Edvardi
             tertii
             decimo
             quarto
             ,
             est
             ;
             de
             treter
             sur
             la
             guard
             de
             la
             pees
             de
             la
             terre
             ,
             de
             la
             marche
             d'
             escoce
             ,
             &
             de
             la
             mier●
             ut
             tractaretur
             de
             custodiâ
             pacis
             terrae
             ,
             &
             limitis
             Scotici
             ,
             &
             maris
             :
             
               from
               whence
               he
               observeth
            
             ,
             Quod
             non
             alia
             ,
             tutelae
             maris
             quàm
             telluris
             seu
             terrestris
             provinciae
             ,
             habebatur
             ratio
             .
          
           
             
               And
               he
               gathereth
               further
            
             ex
             tabulis
             ejusdem
             regis
             Parliamentariis
             ,
             seu
             consultationibus
             ordinum
             regni
             (
             
               as
               he
               saith
               )
               held
               upon
               the
               same
               
               matter
               ,
            
             
             ut
             dum
             de
             la
             saufegard
             de
             la
             terre
             ,
             seu
             custodia
             seu
             tutela
             telluris
             sive
             insulae
             ,
             &
             de
             la
             saufegard
             de
             la
             mere
             ,
             seu
             de
             custodiâ
             maris
             consilium
             pariter
             ineunt
             ,
             tam
             hujus
             dominium
             ,
             quam
             illius
             ad
             regem
             suum
             pertinere
             ,
             à
             majoribus
             edocti
             manifestò
             testari
             videantur
             .
          
           
             For
             (
             saith
             he
             )
             
               non
               de
               classe
               solùm
               agaunt
               ,
               quâ
               hostibus
               per
               mare
               resisteretur
               ,
               sed
               de
               ipso
               mari
               tuendo
               ,
               aequè
               ac
               de
               tutelâ
               ,
               insulae
               ,
               adeoque
               de
               jure
               in
               utroque
               regis
               avito
               defendendo
               ,
            
             where
             he
             maketh
             two
             distinct
             Dominions
             of
             the
             Land
             and
             Sea
             ,
             and
             the
             ancient
             right
             of
             either
             of
             them
             ,
             to
             be
             defended
             and
             kept
             ;
             and
             there
             sets
             forth
             divers
             who
             had
             the
             defending
             and
             keeping
             thereof
             in
             the
             second
             of
             Richard
             the
             Second
             ,
             and
             in
             the
             time
             of
             the
             three
             Henries
             succeeding
             him
             ,
             with
             many
             other
             things
             there
             worth
             noting
             and
             observing
             .
          
           
             He
             observes
             further
             in
             the
             same
             Chapter
             the
             common
             and
             received
             acceptance
             of
             this
             terme
             Custos
             amongst
             the
             English
             in
             other
             Governments
             ,
             
             both
             of
             this
             Land
             ,
             and
             other
             Islands
             ,
             and
             even
             at
             that
             time
             when
             the
             name
             or
             terme
             of
             
               Custos
               maris
            
             was
             most
             frequently
             used
             ;
             and
             he
             instanceth
             in
             the
             Governours
             of
             Ireland
             in
             the
             time
             of
             King
             John
             and
             Edward
             the
             Third
             ,
             who
             were
             then
             severally
             styled
             
               Custos
               Hiberniae
            
             .
          
           
             He
             instanceth
             likewise
             in
             John
             Duke
             of
             Bedford
             ,
             
             and
             Humphry
             Duke
             of
             Glocester
             ,
             who
             had
             ,
             one
             at
             one
             time
             ,
             and
             another
             at
             another
             ,
             the
             Government
             of
             England
             ,
             when
             King
             Henry
             the
             Fifth
             was
             absent
             in
             France
             ,
             who
             were
             called
             
               Custodes
               Angliae
               ,
               quod
            
             (
             saith
             he
             )
             
               tum
               in
               historiis
               ,
               tum
               in
               tabulis
               publicis
               saepissimè
               occurrit
               .
            
          
           
             And
             likewise
             in
             e
             Arthur
             Prince
             of
             Wales
             ,
             who
             was
             made
             
               Custos
               Angliae
            
             ,
             when
             King
             Henry
             the
             Seventh
             was
             gone
             out
             of
             England
             .
          
           
             And
             in
             
               Peter
               Gaveston
            
             ,
             who
             was
             
               Custos
               Angliae
            
             ,
             Edward
             the
             Second
             being
             busied
             in
             France
             .
             And
             also
             the
             in
             Governours
             of
             f
             the
             Isles
             of
             Jersey
             and
             Gernsey
             ,
             who
             of
             antient
             times
             were
             Custodes
             of
             those
             Islands
             ,
             as
             they
             are
             now
             called
             
               Gubernatores
               ,
               Custodes
            
             ,
             and
             Capitanei
             .
          
           
             
               And
               seeing
               it
               is
               so
               ,
               how
               can
               it
               be
               (
               saith
               he
               )
               that
               we
               should
               not
               think
               that
               our
               Ancestors
               used
               under
               the
               same
               notion
               or
               terme
               of
            
             Custos
             &
             custodia
             ,
             the
             Custodes
             Maris
             ,
             
               and
               the
            
             Custodes
             Insulae
             ,
             &c.
             
             Quod
             cum
             ita
             sit
             ,
             quomodo
             fieri
             potest
             ut
             non
             eadem
             notione
             vocabuli
             Custodis
             &
             Custodiae
             majores
             nostros
             usos
             esse
             existimemus
             in
             Custodis
             &
             Custodiae
             maris
             nomine
             ,
             quâ
             in
             Custodia
             Insulae
             ,
             &
             caeteris
             jam
             dictis
             dignitatibus
             uti
             solebant
             ?
             sc
             .
             in
             hisce
             omnibus
             dominium
             imperiumque
             singulare
             praeficientis
             apertissimè
             ita
             signatur
             includiturque
             ,
             adeo
             ut
             non
             magis
             authoritas
             in
             personam
             quae
             praeficitur
             ,
             quam
             rei
             custodiendae
             dominium
             nomine
             hoc
             planè
             innuatur
             .
          
           
           
             If
             then
             there
             were
             
               Custodes
               Maris
               ,
               Marinae
               ,
               Portuum
               ,
               &
               Maritimarum
               partium
               ,
            
             and
             that
             in
             such
             manner
             as
             of
             a
             Land
             Prince
             ,
             
               non
               aliter
               ac
               provinciae
               cujuscunque
               terrestris
            
             ;
             Then
             will
             it
             necessarily
             follow
             that
             if
             a
             Prince
             ,
             that
             ever
             was
             civilized
             by
             the
             dominion
             and
             rule
             of
             a
             Civil
             Governor
             or
             Governors
             (
             for
             by
             such
             means
             and
             no
             other
             are
             all
             Nations
             ,
             Princes
             ,
             Islands
             ,
             and
             the
             like
             become
             civilized
             and
             ordered
             )
             could
             not
             so
             continue
             civilized
             and
             ordered
             without
             Rules
             and
             Laws
             for
             every
             mans
             demeanour
             to
             be
             guided
             by
             .
          
           
             That
             the
             Seas
             having
             anciently
             been
             used
             for
             Maritime
             affairs
             ,
             for
             free
             and
             peaceable
             Traffique
             ,
             and
             Commerce
             ,
             one
             Nation
             with
             another
             which
             be
             friends
             ,
             at
             unity
             ,
             and
             in
             concord
             ;
             and
             for
             Martial
             Fleets
             and
             Navies
             for
             the
             defence
             of
             every
             Kingdom
             against
             an
             Enemy
             :
             And
             so
             antiently
             under
             the
             dominion
             of
             Civil
             Princes
             (
             as
             under
             their
             Dominion
             and
             Government
             of
             a
             Civil
             Land
             Province
             )
             must
             necessarily
             have
             had
             settled
             and
             known
             Laws
             ,
             suited
             and
             fitted
             for
             such
             their
             Dominion
             and
             Government
             ,
             which
             could
             be
             no
             other
             then
             the
             Maritime
             Laws
             so
             agreeable
             unto
             Sea-affairs
             ,
             and
             so
             commonly
             and
             antiently
             accepted
             ,
             and
             agreed
             unto
             by
             most
             Nations
             and
             Kingdomes
             which
             have
             had
             such
             free
             Traffique
             and
             peaceable
             Commerce
             upon
             ,
             and
             by
             them
             ,
             one
             with
             another
             ,
             to
             guide
             and
             direct
             these
             Custodes
             in
             the
             ministring
             of
             Justice
             in
             Sea-businesses
             ,
             as
             well
             as
             the
             Governors
             of
             Land
             Provinces
             have
             had
             their
             Land
             Laws
             for
             the
             ministring
             Justice
             in
             Land-affairs
             .
             Hence
             Spelman
             in
             his
             Glossarie
             ,
             having
             reckoned
             up
             all
             the
             Admirals
             from
             the
             eighth
             year
             of
             Henry
             the
             Third
             ,
             unto
             the
             16th
             year
             of
             King
             James
             ,
             saith
             ,
             
               Nos
               de
               munere
               caduco
               aut
               extraordinario
               non
               agimus
               ,
               at
               de
               summo
               ,
               stationarioque
               magistratu
               ,
               qui
               universae
               marinae
               reipublicae
               praeest
               ,
               suoque●oro
               &
               amplissima
               jurisdictione
               tam
               in
               causis
               civilibus
               judicandis
               ,
               quam
               in
               classe
               Regiâ
               gubernandâ
               insignitur
               .
            
             
             And
             further
             saith
             that
             we
             had
             the
             name
             of
             this
             Magistracy
             ,
             
               viz.
               Custos
               Maris
               ,
               Marinae
               ,
               &
               Maritimarum
               partium
            
             from
             the
             Romans
             ,
             
             as
             may
             be
             gathered
             from
             
               Cicero
               in
               Epistol
               .
               ad
               Attic.
               ubi
               ait
               ;
               vult
               me
            
             Pompeius
             
               esse
               quem
               tota
               haec
               maritima
               ora
               habeat
            
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             
               i.
               e.
               speculatorem
               &
               custodem
            
             .
          
        
         
           
           
             CHAP.
             III.
             
          
           
             The
             Beginning
             of
             Sea-Laws
             ,
             and
             the
             further
             Antiquity
             of
             Admirals
             ,
             and
             their
             Jurisdiction
             from
             thence
             argued
             .
          
           
             DIonysius
             ascribeth
             the
             first
             making
             of
             Sea-laws
             to
             the
             Phenicians
             ,
             
             Pliny
             to
             the
             Carthaginians
             ;
             
             but
             according
             to
             the
             observation
             of
             most
             Authors
             out
             of
             most
             ancient
             Monuments
             ,
             our
             Sea-laws
             have
             had
             their
             beginning
             and
             original
             from
             the
             Island
             
               Rhode
               .
               Rhodiae
               leges
               navalium
               commerciorum
               ,
               sunt
               ab
               Insula
            
             Rhodiae
             
               cognominatae
               ,
               in
               qua
               antiquitùs
               mercatorum
               usus
               fuit
               :
            
             an
             Island
             scituate
             in
             the
             Carpath
             .
             Sea
             ,
             part
             of
             the
             Mediterranean
             ,
             which
             being
             but
             a
             small
             Island
             ,
             but
             yet
             very
             populous
             ,
             the
             Inhabitants
             ,
             yea
             the
             very
             Indwellers
             thereof
             chose
             rather
             to
             live
             by
             water
             then
             by
             the
             aire
             ,
             and
             to
             seek
             their
             subsistence
             ,
             and
             provide
             for
             their
             sustenance
             by
             constant
             sayling
             ,
             and
             continued
             navigation
             ;
             
             by
             which
             means
             they
             encreased
             their
             strength
             ,
             and
             augmented
             their
             power
             at
             Sea
             ,
             to
             the
             terrour
             of
             all
             their
             Enemies
             ,
             the
             hinderers
             of
             their
             Traffique
             ,
             and
             quelling
             of
             all
             Pirats
             the
             disturbers
             of
             their
             peace
             .
             They
             multiplyed
             their
             riches
             with
             an
             infinite
             increase
             ,
             and
             advanced
             their
             wealth
             to
             the
             very
             height
             .
             
             And
             these
             principal
             ground-works
             being
             laid
             ,
             and
             chief
             foundation
             settled
             ,
             that
             which
             makes
             principally
             to
             the
             purpose
             in
             hand
             ,
             they
             grew
             so
             exquisite
             in
             their
             Navigation
             ,
             so
             skilfull
             and
             cunning
             in
             their
             Traffique
             ,
             and
             so
             expert
             in
             the
             discipline
             of
             both
             ,
             that
             as
             time
             now
             required
             ,
             they
             framed
             Edicts
             to
             be
             instituted
             ,
             decreed
             ,
             and
             published
             ,
             to
             be
             established
             and
             observed
             for
             Laws
             ,
             for
             the
             guidance
             of
             all
             men
             according
             to
             the
             most
             exact
             rules
             of
             equity
             in
             all
             manner
             of
             Sea-businesses
             ;
             insomuch
             that
             all
             Cities
             and
             Nations
             near
             unto
             them
             ,
             therein
             sought
             knowledge
             of
             them
             ;
             and
             to
             the
             further
             encrease
             of
             their
             riches
             ,
             by
             a
             ready
             and
             willing
             Tribute
             ,
             still
             exchanged
             wealth
             for
             wisedom
             ,
             and
             thought
             not
             that
             they
             paid
             any
             what
             too
             dear
             for
             the
             gain
             of
             such
             knowledge
             ,
             and
             to
             be
             directed
             in
             the
             rules
             of
             such
             Discipline
             and
             Laws
             as
             might
             settle
             such
             a
             constant
             determination
             of
             every
             mans
             just
             right
             at
             all
             times
             ,
             in
             all
             manner
             of
             Traffique
             ,
             Trading
             and
             Employment
             ,
             upon
             and
             by
             the
             seas
             ,
             as
             the
             Islanders
             had
             ,
             which
             Laws
             and
             Discipline
             did
             afterwards
             spread
             to
             further
             Nations
             ,
             and
             the
             very
             Emperours
             of
             Rome
             did
             
             successively
             referre
             all
             seafaring
             Debates
             and
             Controversies
             to
             the
             Decrees
             ,
             Determinations
             ,
             and
             Judgements
             of
             the
             Rhodian
             Law.
             
             
               Leges
               nauticas
               dicimus
               quas
            
             Rhodii
             
               condiderunt
               ;
               quorum
               disciplinam
               navalem
               &
               ut
            
             Strabo
             ait
             ,
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             
               admirabilem
               ,
               omnes
               populi
               libenter
               ,
               etiam
            
             Romanus
             sequebatur
             .
             
             And
             
               Eudaemon
               Nicomediensis
            
             making
             his
             complaint
             to
             Antoninus
             ,
             thus
             :
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             :
             
               Domine
               Imperator
            
             Antonine
             ,
             
               naufragium
               in
            
             Italiâ
             
               facientes
               ,
               direpti
               sumus
               à
               Publicanis
            
             Cyclades
             
               Insulas
               habitantibus
               .
               Antoninus
            
             answereth
             thus
             :
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             
               Ego
               quidem
               mundi
               dominus
               .
               Lex
               autem
               maris
               ,
               Lege
               id
            
             Rhodiâ
             ,
             
               quae
               de
               rebus
               nauticis
               praescripta
               est
               ,
               judicetur
               ,
               &c.
               
               Hoc
               idem
               quoque
            
             Divus
             Augustus
             judicavit
             .
             Yet
             be
             there
             severall
             other
             titles
             in
             the
             body
             of
             the
             Civil
             Law
             ,
             which
             set
             forth
             several
             Decrees
             and
             Laws
             particular
             to
             the
             Seas
             ,
             and
             sea-faring
             matters
             to
             be
             observed
             :
             And
             Vlpian
             ,
             a
             Father
             of
             the
             Law
             ,
             having
             set
             down
             some
             of
             them
             ,
             gives
             his
             reason
             why
             they
             should
             be
             precisely
             kept
             and
             observed
             ;
             Quia
             (
             saith
             he
             )
             
               ad
               summam
               rem-publicam
               navium
               exercitio
               pertinet
               .
            
             These
             Rhodian
             Laws
             ,
             what
             of
             them
             are
             left
             and
             inserted
             in
             the
             Pandects
             ,
             and
             their
             defects
             being
             supplyed
             by
             the
             Code
             ,
             and
             novell
             Constitutions
             ,
             and
             their
             Rents
             repaired
             by
             the
             fair
             Applications
             and
             candid
             Expositions
             of
             the
             old
             Roman
             Lawyers
             ,
             and
             other
             authentique
             Authors
             ,
             which
             have
             since
             wrote
             of
             matters
             of
             that
             nature
             ,
             still
             give
             the
             rule
             and
             guidance
             to
             all
             seafaring
             business
             ,
             of
             what
             nature
             soever
             ,
             throughout
             all
             ,
             or
             well
             nigh
             all
             Europe
             ,
             and
             have
             never
             been
             opposed
             ,
             obstructed
             ,
             or
             interrupted
             ,
             but
             by
             such
             as
             least
             understood
             them
             .
          
           
             And
             these
             severally
             had
             their
             original
             from
             that
             Island
             of
             sea-faring
             men
             ,
             
             though
             they
             have
             been
             by
             successive
             observations
             ,
             collected
             and
             gathered
             together
             ,
             as
             most
             just
             and
             equal
             for
             the
             determination
             of
             every
             mans
             just
             due
             and
             right
             in
             all
             their
             Maritime
             affairs
             ,
             whether
             they
             concerned
             complaints
             ,
             offences
             Criminal
             or
             Civil
             ,
             Sales
             or
             Assecurations
             of
             Ships
             ,
             Accounts
             ,
             Covenants
             ,
             or
             Contracts
             by
             Charter-party
             or
             otherwise
             ,
             Exchanges
             ,
             Freights
             ,
             Hyres
             ,
             or
             Money
             lent
             upon
             casualty
             or
             hazard
             at
             sea
             ,
             Causes
             of
             Reprizals
             ,
             Letters
             of
             Marque
             ,
             or
             concerning
             lading
             or
             un●ading
             ,
             and
             whatsoever
             other
             things
             else
             among
             seafaring
             men
             ,
             either
             of
             one
             or
             several
             Islands
             or
             Nations
             ,
             done
             or
             to
             be
             done
             ,
             either
             on
             or
             at
             the
             sea
             ,
             concerning
             Sea-trade
             .
          
           
             Now
             who
             shall
             be
             imagined
             to
             have
             the
             supreme
             governance
             and
             power
             over
             these
             seafaring
             men
             ,
             and
             the
             cognizance
             of
             
             their
             Maritime
             causes
             ,
             to
             judge
             them
             according
             to
             these
             Sea-laws
             established
             amongst
             them
             ,
             and
             duly
             to
             put
             them
             in
             execution
             ?
          
           
             Certainly
             these
             Laws
             were
             hatcht
             of
             order
             ,
             and
             could
             not
             be
             bred
             up
             to
             disorder
             :
             Seamen
             surely
             had
             amongst
             them
             a
             supreme
             Governor
             ,
             one
             or
             some
             that
             swayed
             and
             ruled
             the
             rest
             in
             the
             composure
             of
             them
             ;
             and
             so
             must
             they
             necessarily
             have
             in
             the
             dispensing
             of
             them
             ,
             and
             administring
             justice
             according
             to
             them
             .
          
           
             Now
             I
             hope
             it
             will
             not
             be
             said
             that
             the
             maritime
             and
             seafaring
             men
             contrived
             and
             made
             Laws
             amongst
             themselves
             ,
             which
             concerned
             themselves
             ,
             their
             Traffique
             ,
             and
             Trade
             ;
             and
             when
             they
             had
             done
             ,
             gave
             them
             over
             into
             the
             Land
             men
             hands
             (
             which
             could
             not
             possibly
             understand
             the
             grounds
             and
             depth
             of
             them
             )
             with
             a
             power
             to
             put
             them
             in
             execution
             ,
             and
             so
             give
             others
             a
             power
             over
             themselves
             ,
             which
             before
             had
             nothing
             to
             do
             with
             them
             .
             If
             they
             would
             so
             have
             done
             (
             which
             no
             man
             will
             judge
             )
             yet
             it
             is
             not
             to
             be
             believed
             ,
             that
             in
             this
             Island
             of
             Rhodes
             they
             could
             ,
             which
             consisted
             generally
             of
             seafaring
             men
             .
          
           
             Who
             should
             then
             be
             fit
             to
             be
             chiefest
             in
             managing
             these
             Laws
             ,
             but
             such
             a
             one
             as
             had
             chiefly
             a
             hand
             ,
             and
             was
             most
             dexterous
             in
             making
             of
             them
             :
             so
             that
             I
             doubt
             not
             ,
             but
             that
             we
             may
             boldly
             say
             and
             conclude
             ,
             that
             as
             these
             Laws
             were
             composed
             ,
             gathered
             ,
             and
             collected
             by
             maritime
             and
             seafaring
             men
             ,
             so
             were
             they
             put
             in
             execution
             by
             the
             principal
             Governor
             and
             Ruler
             of
             them
             :
             and
             so
             had
             they
             both
             birth
             and
             growth
             under
             the
             jurisdiction
             ,
             rule
             ,
             and
             governance
             of
             the
             chief
             Captain
             ,
             Commander
             and
             Governor
             over
             all
             these
             seafaring
             men
             and
             shipping
             .
             And
             as
             Causes
             encreased
             and
             multiplyed
             ,
             so
             did
             the
             Laws
             ,
             according
             to
             the
             nature
             of
             the
             Causes
             ;
             and
             as
             the
             Causes
             varied
             ,
             so
             did
             the
             Laws
             ,
             untill
             they
             required
             the
             constant
             and
             continuall
             study
             of
             such
             as
             were
             to
             judge
             by
             them
             .
          
        
         
           
           
             CHAP.
             IIII.
             
          
           
             Of
             the
             Laws
             of
             Oleron
             ,
             and
             the
             Antiquity
             of
             the
             Admiralty
             argued
             and
             inferred
             from
             the
             introduction
             of
             them
             into
             England
             .
          
           
             AS
             these
             Sea-laws
             before
             mentioned
             had
             their
             beginning
             ,
             and
             the
             government
             by
             them
             ,
             sprang
             from
             the
             Island
             Rhodes
             upon
             the
             Mediterranean
             Sea
             ;
             so
             the
             other
             Sea-laws
             there
             are
             extant
             ,
             which
             had
             their
             beginning
             from
             an
             Island
             upon
             the
             great
             Ocean
             ,
             and
             it
             is
             called
             Oleron
             ,
             scituate
             on
             the
             sea-coast
             of
             France
             against
             the
             mouth
             of
             Charant
             ,
             and
             the
             Maraes
             ,
             nigh
             
               St.
               Martins
            
             ,
             and
             not
             farre
             from
             the
             entry
             of
             a
             Garunana
             .
          
           
             This
             Island
             likewise
             consisting
             altogether
             of
             skilfull
             and
             experienced
             men
             ,
             as
             did
             the
             other
             ,
             could
             no
             more
             subsist
             or
             proceed
             happily
             and
             prosperously
             in
             their
             maritime
             affairs
             then
             could
             the
             other
             ,
             without
             such
             government
             as
             the
             other
             had
             .
          
           
             And
             they
             being
             not
             altogether
             ignorant
             of
             the
             Rhodian
             Laws
             ,
             nor
             yet
             very
             perfect
             in
             them
             ,
             and
             other
             new
             differences
             and
             controversies
             arising
             and
             supervening
             ,
             which
             they
             could
             not
             judge
             or
             determine
             by
             the
             Rhodian
             Laws
             ,
             they
             observed
             certain
             other
             Rules
             and
             Customes
             together
             with
             those
             Laws
             ,
             whereby
             they
             decided
             such
             differences
             ,
             and
             determined
             such
             debates
             ,
             as
             fell
             out
             and
             happened
             amongst
             them
             .
          
           
             Which
             Rules
             and
             Customes
             King
             Richard
             the
             First
             ,
             in
             his
             return
             from
             the
             Holy-Land
             (
             having
             then
             the
             power
             and
             Government
             over
             that
             Island
             of
             Oleron
             )
             caused
             to
             be
             interpreted
             ,
             setled
             ,
             and
             published
             for
             Laws
             there
             ;
             and
             having
             so
             setled
             them
             there
             ,
             and
             afterwards
             coming
             into
             England
             (
             if
             we
             shall
             still
             doubt
             of
             the
             acceptance
             and
             settlement
             of
             the
             Rhodian
             Laws
             here
             ,
             at
             or
             before
             that
             time
             )
             yet
             let
             us
             not
             make
             any
             question
             but
             that
             he
             brought
             those
             Laws
             of
             Oleron
             hither
             with
             him
             ,
             and
             here
             setled
             and
             declared
             them
             for
             Laws
             ,
             for
             the
             rule
             and
             government
             of
             his
             maritime
             Subjects
             ,
             and
             doing
             justice
             amongst
             all
             people
             of
             what
             Nation
             soever
             ,
             according
             to
             those
             Laws
             ,
             as
             will
             plainly
             appear
             out
             of
             the
             Roll
             of
             the
             Articles
             ,
             upon
             which
             the
             Kings
             Justices
             in
             Edward
             the
             Third's
             time
             were
             to
             advise
             :
             where
             it
             is
             said
             thus
             :
          
           
             
               Item
               ad
               finem
               quòd
               resumatur
               &
               continuatur
               ad
               subditorum
               prosecutionem
               sorma
               procedendi
               quondam
               ordinata
               &
               inchoata
               per
               avum
               domini
               nostri
               
               Regis
               ,
               &
               ejus
               Consilium
               ad
               retinendum
               &
               conservandum
               antiquam
               superioritatem
               maris
               Angliae
               ,
               &
               nos
               offic
               .
               Admiralitatis
               in
               eodem
               quoad
               corrigendum
               ,
               interpretandum
               ,
               declarandum
               ,
               &
               conservandum
               leges
               ,
               &
               statuta
               per
               ejus
               antecessores
               Angliae
               Reges
               ,
               dudum
               ordinata
               ad
               conservandum
               pacem
               &
               justitiam
               inter
               omnes
               gentes
               nationis
               cujuscunque
               per
               mare
               Angliae
               transeuntes
               ,
               &
               cognoscendum
               super
               omnibus
               in
               contrarium
               attemptatis
               in
               eodem
               ,
               &
               ad
               puniendum
               delinquentes
               ,
               &
               damna
               passis
               satisfaciendum
               :
               Quae
               quidem
               leges
               &
               statuta
               per
               Dominum
               Richardum
               ,
               quondam
               Regem
               Angliae
               ,
               in
               reditu
               suo
               à
               terra
               sancta
               ,
               correcta
               fuerunt
               ,
               interpretata
               ,
               &
               in
               Insula
               Oleron
               publicata
               ,
               &
               nominata
               in
               Gallica
               lingua
               b
               
                 la
                 ley
                 Oleron
              
               .
            
          
           
             Hence
             as
             it
             appeares
             that
             King
             Richard
             interpreted
             ,
             declared
             ,
             and
             published
             these
             Laws
             called
             the
             Laws
             of
             Oleon
             ,
             in
             that
             Island
             ;
             so
             doth
             it
             plainly
             appear
             that
             he
             ordained
             and
             established
             them
             here
             ,
             by
             these
             words
             :
             
               Ad
               conservandum
               leges
               &
               statuta
               per
               ejus
               antecessores
            
             Angliae
             
               Reges
               dudum
               ordinata
               :
               per
               ejus
               ,
               i.e.
               avi
               sui
               ,
               prius
               nominati
            
             ;
             by
             his
             Predecessors
             ;
             and
             it
             doth
             plainly
             appear
             by
             that
             in
             the
             close
             ,
             that
             Richard
             the
             First
             must
             necessarily
             be
             one
             of
             them
             .
             And
             hence
             likewise
             it
             doth
             appear
             ,
             that
             with
             the
             settlement
             of
             these
             Laws
             ,
             there
             was
             likewise
             a
             settlement
             of
             a
             form
             of
             proceeding
             according
             to
             those
             Laws
             :
             for
             saith
             this
             Record
             
               in
               prin
               .
               Ad
               finem
               quòd
               resumatur
               &
               continuetur
               ad
               subditorum
               prosecutionem
               forma
               procedendi
               quondam
               ordinata
               &
               inchoata
               per
               avum
               ,
               &c.
               hoc
               est
               &
               inchoata
               resumi
               ,
               &c.
            
             which
             must
             be
             the
             construction
             ,
             as
             the
             words
             following
             make
             it
             plain
             ,
             which
             are
             
               ad
               retinendum
               &
               conservandum
            
             :
             for
             reteining
             and
             conserving
             denote
             something
             to
             be
             reteined
             and
             preserved
             that
             was
             before
             .
             Now
             for
             the
             publishing
             and
             settling
             these
             Laws
             ,
             and
             ordaining
             a
             form
             of
             proceedings
             in
             the
             prosecution
             of
             them
             in
             Richard
             the
             First
             's
             time
             ,
             I
             conceive
             I
             may
             safely
             conclude
             an
             Admiral
             and
             Admiralty
             Court
             to
             have
             been
             settled
             before
             ,
             and
             continued
             at
             the
             same
             time
             ,
             unto
             which
             he
             added
             some
             more
             exact
             proceedings
             ,
             together
             with
             these
             Lawes
             of
             Oleron
             ,
             as
             several
             Statutes
             are
             daily
             added
             ,
             either
             in
             affirmance
             ,
             or
             correction
             of
             the
             Common
             Law
             ;
             and
             my
             reason
             is
             because
             these
             Laws
             )
             without
             the
             Rhodian
             Laws
             ,
             and
             those
             other
             Laws
             made
             in
             supplement
             of
             them
             )
             are
             in
             no
             wise
             a
             complete
             Law
             for
             the
             guidance
             and
             direction
             of
             an
             Admiralty
             Court.
             And
             it
             may
             further
             appear
             ,
             that
             unto
             the
             settlement
             of
             these
             Laws
             ,
             this
             King
             himself
             added
             Ordinances
             of
             the
             Admiralty
             :
             one
             of
             which
             I
             shall
             here
             set
             down
             ,
             which
             he
             made
             at
             Grymsbie
             .
             The
             words
             follow
             .
             
               Item
               c
               
                 soit
                 en
                 quis
                 de
                 nefs
                 ,
                 qui
                 sont
                 arrestees
                 pour
                 le
                 service
                 du
                 Roy
                 ,
                 ou
                 pour
                 autrè
                 Raisonabile
                 cause
                 per
                 les
                 officiers
                 
                 du
                 Roy
                 ,
                 ou
                 de
                 l'
                 admiral
                 ,
                 &
                 debrisent
                 l'
                 arrest
                 ,
                 &
                 per
                 les
                 quelles
                 avantdictes
                 nefs
                 sont
                 amenez
                 &
                 retainer
                 les
                 mariners
                 qui
                 sont
                 ordinez
                 pour
                 la
                 service
                 du
                 Roy
                 ;
                 &
                 si
                 Retraient
                 ,
                 &
                 encas
                 que
                 homme
                 soit
                 endite
                 qui
                 la
                 debruse
                 l'
                 arrest
                 en
                 sa
                 nef
                 arrestee
                 pour
                 le
                 service
                 du
                 Roy
                 ,
                 &
                 de
                 ce
                 soit
                 convicte
                 ,
                 per
                 xii
                 .
                 il
                 perdra
                 sa
                 nef
                 si'l
                 negrace
                 du
                 Roy
                 ,
                 ou
                 du
                 hault
                 Admiral
                 ,
                 &
                 pour
                 ce
                 quila
                 este
                 plusseurs
                 forz
                 debatu
                 en
                 Angleterre
                 pour
                 les
                 arrestees
                 des
                 nefs
                 quāt
                 le
                 Roy
                 amande
                 sergeants
                 ,
                 d'
                 armes
                 ,
                 ou
                 autre
                 ministris
                 pour
                 arrester
                 nefs
                 al
                 ceps
                 du
                 Roy
                 ,
                 &
                 les
                 Seignieurs
                 des
                 nefs
                 sont
                 venuz
                 devant
                 l'
                 admiral
                 &
                 allegment
                 que
                 leurs
                 nefs
                 nestorent
                 mye
                 arrestees
                 ordonne
                 estoit
                 ou
                 temps
                 du
                 Roy
              
               Richard
               
                 le
                 primer
                 ,
                 à
              
               Grymsbie
               
                 per
                 advys
                 de
                 pluseurs
                 Seigneurs
                 du
                 Royalme
                 que
                 quāt
                 nefs
                 seront
                 arrestees
                 pour
                 service
                 du
                 Roy
                 que
                 le
                 Roy
                 escripra
                 par
                 ses
                 lettres
                 patentes
                 à
                 l'
                 admiral
                 d'
                 arrester
                 les
                 nefs
                 plus
                 ou
                 moins
                 a
                 la
                 voulente
                 du
                 Roy
                 &
                 solen
                 ce
                 quil
                 a
                 besomg
                 ,
                 &
                 l'
                 admiral
                 escrivera
                 a
                 ses
                 lieutenants
                 de
                 faire
                 de
                 re
                 l'
                 execution
                 &
                 la
                 cause
                 estoit
                 pour
                 ce
                 que
                 l'
                 admiral
                 &
                 ses
                 lieutenants
                 sont
                 de
                 record
                 ,
                 &
                 pais
                 l'
                 admiral
                 escripra
                 au
                 Roy
                 ou
                 au
                 chancelier
                 d'
                 Angleterre
                 les
                 noms
                 des
                 nefs
                 amsi
                 arrestees
                 assemblement
                 avec
                 les
                 noms
                 de
                 seigneurs
                 &
                 maistres
                 dicelles
                 ,
                 &
                 en
                 tel
                 cas
                 le
                 seigneur
                 de
                 lâ
                 nef
                 ne
                 le
                 mastre
                 ne
                 viendront
                 pas
                 adire
                 que
                 la
                 nef
                 nestoit
                 mye
                 arrestee
                 ne
                 a
                 ce
                 ne
                 seront
                 oyz
                 .
              
            
          
           
             
               The
               same
               ordinance
               being
               set
               forth
               in
               another
               ancient
            
             French
             
               coppy
               of
               Articles
               ,
               wherein
               divers
               other
               Ordinances
               were
               likewise
               set
               forth
               ,
               was
               by
               one
            
             Roughton
             
               translated
               into
               Latin
               in
               these
               words
               ,
            
             viz.
             Item
             d
             inquirendum
             de
             omnibus
             navibus
             quae
             ad
             serviendum
             Domino
             Regi
             super
             mari
             arrestatae
             fuerint
             ,
             &
             postea
             Domini
             ,
             possessores
             sive
             magistri
             dolo
             &
             fraude
             à
             servitio
             hujusmodi
             se
             subtraxerint
             in
             deceptionem
             Domini
             Regis
             paena
             qui
             si
             inde
             postea
             indictati
             fuerint
             ,
             &
             convicti
             ,
             super
             hoc
             naves
             suae
             Domino
             Regi
             foris
             factae
             per
             ordinationem
             Domini
             Regis
             Richardi
             primi
             ;
             &
             si
             Domini
             ,
             possessores
             vel
             magistri
             hujusmodi
             inde
             coram
             Domino
             Rege
             &
             Cancellario
             suo
             per
             aliquas
             allegationes
             se
             aut
             naves
             hujusmodi
             excusare
             voluerint
             ,
             si
             Admirallus
             vel
             locum-tenentes
             sui
             per
             literas
             suas
             patentes
             de
             arresto
             hujusmodi
             facto
             fidem
             fecerint
             pleniorem
             ,
             domini
             possessores
             ,
             aut
             magistri
             praedicti
             nullo
             modo
             audiri
             debeant
             ,
             seu
             eis
             fidem
             quovis
             modo
             adhiberi
             ,
             eo
             quòd
             Admirallus
             &
             locum-tenentes
             sui
             sunt
             de
             e
             recordo
             .
          
           
             
               This
               observation
               may
               very
               well
               be
               gathered
               from
               these
               Records
               that
            
             Richard
             
               the
               first
               did
               (
               doubtless
               )
               settle
               some
               things
               in
               this
               Jurisdiction
               ,
               and
               preserved
               it
               during
               his
               time
               :
               And
               I
               may
               observe
               further
               ,
               that
               the
               same
               were
               continued
               in
               the
               time
               of
               King
            
             John
             ,
             
               who
               likewise
               added
               Ordinances
               unto
               the
               said
               Laws
               ,
               as
               may
               likewise
               appear
               by
               the
               antient
               Articles
               of
               Enquity
               adjoyned
               unto
               the
               antient
               Statutes
               of
               the
               Admiralty
               ,
               in
               one
               of
               which
               find
               it
               thus
               exprest
               .
            
             Item
             f
             soit
             enquis
             de
             gardains
             de
             poris
             &
             bailliffs
             de
             aves
             qui
             levent
             coustumes
             de
             nouvel
             &
             prennent
             oultra
             genses
             coustumes
             &
             ameiamens
             pour
             quoy
             marchants
             &
             mariners
             se
             retraient
             du
             
             pais
             de
             venir
             avec
             leurs
             merchandises
             se
             aucun
             gardain
             de
             port
             ou
             baillif
             deave
             est
             indite
             quil
             a
             alleve
             novelle
             coustume
             pour
             son
             singulier
             prouffit
             ,
             ou
             pour
             le
             prouffit
             de
             son
             Seigneur
             ,
             &
             de
             ce
             est
             convicte
             ,
             il
             aura
             l'
             emprisonnement
             de
             demy
             an
             ,
             &
             le
             Seigneur
             fera
             fin
             au
             Roy
             ou
             a
             l'
             Admiral
             ,
             &
             Combien
             que
             gentz
             d'
             Angleterre
             ont
             mestier
             de
             vendre
             de
             ses
             marchandises
             pour
             ses
             vitailles
             &
             pour
             ses
             necessares
             ,
             &
             les
             gardains
             des
             ports
             vouldroient
             prendre
             la
             coustume
             de
             toutes
             les
             marchandises
             qui
             estoient
             dedens
             la
             ditte
             nef
             &
             dire
             que
             les
             marchants
             avoient
             de
             brise
             la
             bulk
             de
             la
             nef
             dont
             pluseurs
             marchants
             eschuent
             de
             vendre
             leurs
             marchandises
             a
             greugneur
             d'
             ommage
             du
             peuple
             sur
             quoy
             le
             Roy
             Johan
             feist
             assembler
             les
             admiraulx
             de
             North
             &
             West
             &
             pluseurs
             autres
             de
             son
             conseil
             ,
             &
             ordonna
             que
             nul
             marchant
             paieroit
             coustume
             de
             merchandises
             qui
             nestoient
             mye
             vendues
             mais
             de
             ceulx
             qui
             estoient
             vendues
             comment
             quilz
             soient
             mis
             aterre
             &
             saucun
             baillif
             face
             encontre
             il
             aura
             l'
             emprisonnement
             d'un
             demy
             an
             ,
             &
             soite
             oste
             de
             son
             office
             pour
             tous
             temp●
             &
             fera
             fin
             au
             Roy
             detant
             commeil
             a
             ainsi
             malement
             pris
             .
          
           
             And
             by
             Rougbtons
             Latine
             Translation
             out
             of
             the
             other
             antient
             Articles
             of
             Enquiry
             I
             find
             it
             thus
             set
             forth
             ,
             
               viz.
               Item
            
             g
             
               Inquir
               .
               de
               portuum
               custodibus
               sive
               aquae
               ballivis
               ,
               qui
               clamant
               sive
               incipiunt
               de
               novo
               novas
               custumas
               pro
               commodo
               suo
               proprio
               sive
               dominorum
               suorum
               ,
               unde
               naves
               ,
               &
               mercatores
               ,
               portus
               &
               loca
               hujusmodi
               ,
               una
               cum
               mercandesis
               relinquunt
               damno
               &
               jacturâ
               utilitatis
               Reipublicae
               .
               Poena
               qui
               vero
               Custodes
               sive
               Ballivi
               si
               indictati
               fuerint
               super
               hoc
               &
               convicti
               ,
               imprisonamentum
               dimidii
               anni
               habebunt
               :
               finem
               nihilominus
               Domino
               Regi
               facturi
               ad
               valentiam
               in
               hoc
               casu
               praecepti
               ,
               ei
               qui
               hujusmodi
               si
               usui
               suo
               proprio
               convertatur
               praeceptis
               .
               Sin
               autem
               ad
               usum
               dominorum
               suorum
               pervenerit
               imprisonamentum
               dimidii
               anni
               ,
               ut
               praefertur
               subibunt
               ,
               &
               Domini
               sui
               de
               fine
               veri
               valoris
               in
               hâc
               parte
               Domino
               Regi
               propter
               hoc
               respondebunt
               ;
               &
               nota
               quod
               liceat
               mercatoribus
               necessitate
               urgente
               ,
               vendere
               percellas
               mercandizarum
               pro
               expensis
               suis
               ,
               si
               contingat
               absque
               aliquâ
               custumâ
               ab
               eis
               petendâ
               vel
               exigendâ
               per
               ordinationem
            
             Johannis
             
               quondam
               Regis
            
             Angliae
             apud
             Hastings
             .
             
               Et
               si
               aliqui
               Custodes
               vel
               Ballivi
               contrar
               .
               hinc
               ordinationi
               fecerint
               ,
               imprisonamentum
               dimidii
               anni
               habebunt
               ,
               &
               perpetuò
               ab
               officio
               eorum
               hujusmodi
               sint
               suspendendi
               .
            
             But
             in
             King
             Henry
             the
             Third's
             time
             it
             had
             received
             so
             much
             interruption
             ,
             that
             the
             vigour
             and
             force
             thereof
             was
             well
             nigh
             lost
             ,
             insomuch
             that
             Edward
             the
             first
             was
             constrained
             ,
             
               inchoatā
               formam
               procedendi
               quandam
               &
               ordinatam
               resumere
               ,
            
             who
             likewise
             added
             certain
             Ordinances
             unto
             the
             said
             Laws
             ,
             as
             you
             may
             read
             hereafter
             ,
             which
             tend
             very
             much
             to
             the
             preservation
             of
             that
             Jurisdiction
             ;
             which
             work
             being
             not
             fully
             perfected
             ,
             soon
             began
             to
             decay
             in
             Edward
             the
             Second's
             time
             (
             whereby
             it
             may
             seem
             that
             that
             Jurisdiction
             never
             wanted
             Enemies
             )
             which
             withdrew
             its
             strength
             ,
             and
             abated
             its
             power
             ,
             untill
             the
             necessity
             thereof
             appearing
             in
             
             the
             decay
             of
             Navigation
             ,
             and
             thereby
             of
             Trading
             and
             Commerce
             ;
             and
             of
             want
             of
             strength
             in
             Shipping
             for
             the
             defence
             of
             this
             Kingdome
             against
             forrain
             Forces
             and
             Enemies
             ,
             still
             revived
             it
             ,
             and
             restored
             unto
             it
             what
             had
             been
             withdrawn
             from
             it
             ,
             which
             was
             the
             cause
             (
             without
             doubt
             )
             that
             caused
             Edward
             the
             Third
             to
             proceed
             in
             that
             good
             work
             ,
             which
             his
             great
             Grandfather
             had
             begun
             :
             
               
                 Ad
                 interpretandum
                 ,
                 declarandum
                 ,
                 &
                 conservandum
                 leges
                 &
                 statuta
                 per
                 avi
                 sui
                 antecessores
              
               Angliae
               
                 Reges
                 dudum
                 ordinata
                 ,
                 &c.
              
               
            
             as
             the
             aforementioned
             Record
             sets
             forth
             ;
             after
             which
             ,
             in
             his
             time
             ,
             it
             so
             revived
             and
             flourished
             ,
             that
             it
             might
             very
             well
             seem
             a
             new
             birth
             ,
             from
             whence
             some
             have
             conceived
             it
             to
             be
             the
             first
             birth
             ,
             and
             to
             have
             its
             beginning
             there
             ,
             but
             upon
             no
             other
             ground
             at
             all
             .
          
           
             I
             have
             hitherto
             only
             endeavoured
             the
             proof
             the
             Antiquity
             of
             this
             Jurisdiction
             ,
             which
             will
             more
             seasonably
             follow
             when
             I
             shall
             inforce
             the
             necessary
             use
             of
             the
             forementioned
             Laws
             ,
             those
             which
             sprang
             from
             the
             Rhodes
             ,
             suppleated
             out
             of
             several
             other
             titles
             in
             the
             body
             of
             the
             Civil
             Law
             ;
             and
             those
             which
             have
             been
             derived
             from
             the
             antient
             Statutes
             of
             the
             Admiralty
             ,
             the
             Laws
             of
             
               Oleron
               ,
               &c.
            
             
          
           
             Which
             of
             these
             Laws
             were
             first
             introduced
             into
             this
             Kingdome
             I
             shall
             not
             dispute
             ;
             this
             I
             shall
             only
             say
             ,
             that
             they
             altogether
             make
             an
             exact
             and
             complete
             rule
             for
             the
             government
             of
             all
             seafaring
             or
             sea-trading
             men
             ,
             and
             matters
             ,
             and
             have
             been
             here
             antiently
             and
             frequently
             used
             ,
             and
             elsewhere
             ,
             throughout
             most
             parts
             of
             Europe
             .
          
           
             Divers
             others
             have
             been
             said
             (
             since
             the
             making
             of
             the
             Rhodian
             Laws
             )
             to
             have
             made
             new
             Sea
             Laws
             ;
             as
             the
             Rulers
             of
             Rome
             in
             1075th
             year
             ;
             and
             since
             that
             
               Marseilles
               ,
               Genoa
               ,
               Peloponnesus
               ,
               Venice
               ,
               Constantinople
               ,
               Constantine
               ,
            
             and
             Barcellona
             in
             several
             years
             :
             But
             the
             Roman
             Empire
             having
             (
             not
             long
             before
             that
             time
             )
             been
             as
             it
             were
             rent
             and
             torne
             in
             pieces
             ,
             their
             Laws
             for
             the
             Land
             ,
             and
             Land-affairs
             laid
             aside
             ,
             and
             their
             Laws
             for
             the
             government
             of
             the
             Seas
             quite
             subverted
             ,
             and
             well
             nigh
             lost
             ,
             some
             of
             these
             Nations
             were
             constrained
             to
             recollect
             and
             gather
             together
             such
             parts
             and
             parcels
             as
             could
             be
             well
             made
             up
             into
             one
             body
             again
             ,
             with
             some
             small
             cement
             of
             our
             own
             ,
             and
             might
             better
             be
             called
             a
             reparation
             of
             their
             old
             Laws
             ,
             then
             a
             structure
             or
             edifice
             of
             new
             .
             For
             the
             rest
             ,
             some
             say
             they
             are
             additional
             ,
             some
             say
             explanatory
             to
             remove
             false
             constructions
             and
             interpretations
             ,
             and
             some
             say
             both
             :
             but
             certainly
             for
             the
             most
             part
             they
             are
             but
             explanatory
             ;
             for
             the
             other
             Laws
             before
             mentioned
             ,
             are
             accounted
             most
             authentick
             ,
             
             and
             of
             chiefest
             authority
             throughout
             all
             ,
             or
             the
             greatest
             part
             of
             Europe
             .
             But
             be
             these
             additional
             ,
             yet
             the
             addition
             of
             Sea-laws
             to
             Sea-laws
             is
             no
             diminution
             of
             Sea-Jurisdiction
             ,
             but
             rather
             a
             compleating
             and
             perfecting
             thereof
             :
             but
             the
             composure
             of
             new
             land-Laws
             ,
             or
             if
             it
             be
             but
             the
             reformation
             of
             old
             ,
             if
             those
             Laws
             look
             but
             toward
             the
             Sea
             ,
             they
             oftentimes
             cause
             the
             discomposure
             of
             Sea-laws
             ,
             and
             unless
             well
             lookt
             unto
             ,
             the
             very
             destruction
             of
             that
             Jurisdiction
             :
             but
             of
             that
             more
             will
             appear
             by
             what
             shall
             be
             said
             hereafter
             .
          
           
             And
             now
             before
             I
             proceed
             to
             any
             other
             argument
             for
             the
             proof
             of
             the
             antiquity
             of
             this
             Jurisdiction
             ,
             I
             shall
             give
             you
             one
             reason
             only
             ,
             which
             induceth
             me
             to
             believe
             ,
             that
             the
             same
             was
             settled
             long
             before
             the
             time
             before
             mentioned
             ,
             and
             that
             the
             Rhodian
             Sea-laws
             were
             here
             settled
             long
             before
             the
             Laws
             of
             Oleron
             by
             Richard
             the
             First
             ;
             and
             that
             is
             an
             Ordinance
             made
             by
             Henry
             the
             first
             at
             Ipswich
             ,
             concerning
             the
             banishing
             a
             man
             for
             Felony
             or
             Trespass
             ,
             which
             I
             find
             mentioned
             in
             an
             Article
             of
             the
             antient
             Inquiry
             of
             maritime
             offences
             annexed
             unto
             the
             antient
             Statutes
             of
             the
             Admiralty
             in
             the
             antient
             Parchment-leaved
             Book
             ,
             called
             the
             black
             Book
             of
             the
             Admiralty
             ,
             where
             ,
             after
             the
             manner
             of
             such
             banishment
             is
             set
             forth
             ,
             it
             is
             said
             :
             Et
             h
             
               cêste
               ordonnance
               fat
               faitte
               primerement
               a
               Gyspswiz
               ou
               temps
               du
               primer
               Roy
               Henry
               per
               les
               Admiralx
               de
               North
               &
               West
               ,
               &
               autres
               Seigneurs
               adheirdantz
               .
            
          
        
         
           
             CHAP.
             V.
             
          
           
             The
             antient
             Introduction
             of
             the
             Sea-laws
             argued
             ,
             and
             inferred
             from
             the
             King
             of
             Englands
             Dominion
             over
             the
             British
             Seas
             .
          
           
             THat
             the
             Kings
             of
             France
             have
             no
             Dominion
             at
             all
             over
             the
             British
             Seas
             ,
             or
             any
             right
             or
             claim
             thereunto
             whatsoever
             ,
             is
             made
             plain
             by
             what
             is
             i
             set
             forth
             in
             the
             14th
             Chapter
             of
             the
             second
             book
             
               De
               Dominio
               maris
            
             ,
             written
             by
             Mr.
             Selden
             ,
             who
             in
             his
             27th
             and
             28th
             Chapters
             of
             the
             same
             Book
             proceeds
             to
             make
             further
             proof
             thereof
             ,
             and
             therein
             sets
             forth
             ,
             that
             there
             being
             warre
             between
             King
             Edward
             the
             First
             of
             England
             ,
             and
             King
             Philip
             the
             Fair
             of
             France
             ,
             but
             agreed
             by
             Covenant
             ,
             that
             all
             Commerce
             on
             both
             sides
             shall
             be
             free
             ;
             so
             that
             to
             all
             Merchants
             whatsoever
             there
             should
             be
             induciae
             ,
             which
             were
             called
             
               sufferantia
               
               guerrae
            
             :
             and
             by
             both
             of
             them
             Judges
             were
             appointed
             that
             should
             take
             cognizance
             of
             all
             things
             done
             against
             these
             Truces
             ,
             and
             should
             exercise
             
               judicia
               secundum
               legem
               mercatoriam
               &
               formam
               sufferantiae
               .
            
             Now
             it
             being
             contained
             in
             the
             first
             head
             of
             this
             League
             ,
             that
             they
             should
             defend
             each
             others
             rights
             against
             all
             others
             ,
             this
             afterwards
             was
             the
             ground
             of
             an
             action
             which
             was
             instituted
             in
             the
             same
             Kings
             time
             ,
             &c.
             before
             these
             Cognitors
             chosen
             by
             both
             the
             said
             Princes
             ,
             by
             the
             Proctors
             of
             the
             Prelates
             ,
             Nobility
             ,
             and
             high
             Admiral
             of
             England
             ,
             and
             of
             all
             the
             Cities
             ,
             Towns
             and
             Subjects
             of
             
               England
               ,
               &c.
            
             unto
             which
             are
             joyned
             the
             Proctors
             of
             the
             most
             maritime
             Nations
             throughout
             Europe
             ,
             as
             of
             
               Genua
               ,
               Catalonia
               ,
               Spain
               ,
               Alemania
               ,
               Zealand
               ,
               Holland
               ,
               Frise
               ,
               Denmark
               ,
            
             and
             Norway
             ,
             and
             divers
             others
             subject
             to
             the
             Roman
             Empire
             ,
             against
             
               Reginer
               Grimbald
            
             the
             then
             Admiral
             of
             France
             ;
             for
             that
             there
             being
             Warres
             between
             Philip
             King
             of
             France
             ,
             and
             Guy
             Earl
             of
             Flanders
             ,
             he
             had
             taken
             Merchants
             upon
             those
             Seas
             ,
             in
             their
             voyage
             to
             Flanders
             ,
             and
             dispoyled
             them
             of
             their
             goods
             ,
             whereas
             the
             King
             of
             England
             ,
             and
             his
             predecessors
             ,
             as
             they
             all
             joyntly
             by
             libell
             do
             declare
             and
             affirme
             without
             all
             controversie
             ,
             beyond
             the
             memory
             of
             man
             ,
             have
             had
             the
             supreme
             Government
             of
             the
             English
             Seas
             ,
             and
             the
             Islands
             thereof
             :
             Praescribendo
             k
             
               scilicet
               leges
               ,
               statuta
               atque
               interdicta
               armorum
               ,
               naviùmque
               alio
               ac
               mercatoriis
               armamentis
               instructarum
               ,
               cautiones
               exigendo
               ,
               tutelam
               praebendo
               ,
               ubicunque
               opus
               esset
               ,
               atque
               alia
               constituendo
               quaecunque
               fuerint
               necessaria
               ad
               pacem
               ,
               jus
               &
               aequitatem
               conservandam
               inter
               omnimodas
               gentes
               tam
               exteras
               quàm
               in
               imperio
               Anglicano
               comprebensas
               ,
               quae
               per
               illud
               Transierint
               ;
               supremam
               ●sdem
               item
               fuisse
               atque
               esse
               tutelam
               ;
               merum
               &
               mixtum
               imperium
               in
               juredicendo
               secundum
               dictas
               leges
               ,
               statuta
               praescripta
               &
               interdicta
               ,
               aliisque
               in
               rebus
               ,
               quae
               ad
               sumumm
               imperium
               possint
               attmere
               in
               locis
               judicatis
               ;
               Ad
               praefecturam
               Admirallorum
               à
               Regibus
            
             Angliae
             
               constitui
               solitorum
               spectare
               jurisdictionem
               ex
               imperio
               ejusmodi
               exercendam
               .
            
             And
             he
             sets
             forth
             further
             in
             the
             same
             Libel
             ,
             that
             they
             do
             all
             of
             them
             together
             desire
             
               ut
               à
               custodiâ
            
             l
             
               liberati
               ,
               qui
               carceri
               ita
               traditi
               essent
               ,
               reddita
               item
               bona
               nullo
               jure
               capta
               ,
               jurisdictionem
               Admiralli
               Regis
            
             Angliae
             (
             
               ad
               quem
               solum
               tam
               ex
               jure
               rerum
               ac
               loci
               ,
               quàn
               personarum
               hujusmodi
               jurisdictio
               attinebat
               )
               subirent
               .
            
             These
             things
             I
             have
             cited
             out
             of
             Mr.
             Selden
             not
             only
             to
             shew
             here
             for
             my
             purpose
             ,
             that
             the
             Kings
             of
             England
             have
             had
             from
             antient
             times
             the
             power
             and
             dominion
             over
             the
             British
             Seas
             ;
             (
             for
             then
             might
             I
             have
             referred
             the
             whole
             matter
             to
             his
             whole
             book
             ,
             which
             doth
             so
             learnedly
             ,
             so
             many
             wayes
             ,
             and
             by
             so
             many
             several
             arguments
             convince
             in
             that
             point
             )
             but
             as
             well
             to
             shew
             that
             the
             Kings
             of
             England's
             Admirals
             have
             likewise
             as
             antiently
             had
             jurisdiction
             
             under
             them
             ,
             over
             those
             maritime
             affairs
             ,
             which
             fell
             
               sub
               isto
               regimine
               &
               dominio
            
             .
          
           
             And
             also
             to
             shew
             that
             so
             many
             Nations
             did
             concurre
             and
             agree
             therein
             ;
             and
             that
             they
             had
             
               istud
               regimen
               &
               dominium
               exclusivè
            
             of
             the
             Kings
             of
             France
             bordering
             upon
             the
             same
             seas
             ,
             and
             of
             all
             other
             Kings
             and
             Princes
             whatsoever
             ;
             for
             they
             all
             likewise
             joyntly
             agree
             ,
             an
             usurpation
             ,
             and
             interruption
             of
             the
             King
             of
             England's
             right
             of
             Dominion
             over
             these
             Seas
             by
             the
             King
             of
             France
             ,
             in
             granting
             a
             Patent
             of
             the
             Admiralty
             of
             the
             Seas
             unto
             his
             Admiral
             
               Reginer
               Grimbald
            
             ,
             and
             therefore
             all
             joyntly
             proceed
             in
             their
             Petition
             further
             :
             Vt
             m
             
               cognitorum
               sententia
            
             Reginerus
             Grimbaldus
             
               ipsa
               damna
               Actoribus
               resarciret
               ,
               si
               nimirum
               solvendo
               esset
               ;
               sin
               minùs
               ,
               tunc
               ut
               ad
               idem
               faciendum
               damnaretur
               Rex
            
             Franciae
             ,
             
               qui
               ejusmodi
               praefecturae
               codicillis
               eum
               donasset
               :
               Damnis
               autem
               resarcitis
               ,
               tum
               etiam
            
             Reginerus
             
               ob
               foederis
               violationem
               poenas
               daret
               ,
               quales
               alios
               à
               simili
               facinore
               in
               posterum
               deterrere
               possent
               .
            
             And
             in
             the
             n
             28th
             Chapter
             of
             the
             same
             Book
             ,
             the
             Libel
             is
             set
             out
             at
             large
             in
             its
             own
             language
             worthy
             the
             reading
             .
          
           
             Now
             all
             these
             things
             considered
             ,
             shall
             any
             man
             that
             understands
             that
             the
             Kings
             of
             France
             (
             who
             have
             no
             Jurisdiction
             at
             all
             over
             these
             Seas
             )
             have
             so
             antiently
             had
             ,
             and
             continued
             their
             Admirals
             in
             such
             power
             ,
             as
             the
             Edict
             by
             Parliament
             at
             Paris
             declares
             them
             to
             have
             done
             ,
             so
             much
             as
             imagine
             that
             the
             Kings
             of
             England
             (
             who
             have
             had
             (
             from
             Edward
             the
             First
             's
             time
             ,
             and
             so
             long
             before
             ,
             as
             that
             all
             the
             aforenamed
             Nations
             do
             joyntly
             acknowledge
             it
             to
             be
             then
             beyond
             the
             memory
             of
             man
             )
             the
             sole
             rule
             and
             dominion
             of
             these
             Seas
             )
             should
             not
             furnish
             this
             his
             
               maritimum
               regimen
               &
               dominium
            
             with
             those
             antient
             maritime
             Laws
             before
             spoken
             of
             ?
             Certainly
             whosoever
             imagineth
             this
             ,
             
               concipit
               istud
               mare
               sine
               navibus
               ,
               vel
               naves
               sine
               naucleris
               &
               navarchis
               fluctuantes
               concipit
               istas
               .
            
             If
             furnished
             with
             Lawes
             ,
             then
             consequently
             with
             a
             Commander
             ,
             Admiral
             ,
             or
             Governor
             ,
             for
             the
             dispensing
             and
             ministring
             of
             Justice
             amongst
             Sea-Traders
             ,
             and
             seafaring-men
             according
             to
             those
             Laws
             ,
             else
             were
             these
             constituted
             and
             appointed
             to
             that
             use
             in
             vain
             .
             But
             I
             may
             here
             rather
             from
             the
             forementioned
             Libel
             deduce
             a
             proof
             of
             the
             antient
             settlement
             of
             maritime
             Laws
             in
             England
             from
             the
             antient
             acknowledgement
             of
             an
             Admirals
             Jurisdiction
             ,
             then
             the
             settlement
             of
             an
             Admiral
             and
             his
             Jurisdiction
             from
             a
             former
             Introduction
             of
             the
             maritime
             Laws
             into
             this
             Kingdome
             ;
             for
             an
             Admiral
             of
             England
             ,
             and
             an
             Admirals
             Jurisdiction
             are
             both
             acknowledged
             by
             all
             the
             therein
             mentioned
             Nations
             ,
             to
             have
             been
             from
             that
             time
             ,
             (
             which
             was
             
               anno
               30
               
               Ed.
               primi
            
             )
             beyond
             the
             memory
             of
             man.
             If
             then
             the
             Admiral
             had
             so
             antiently
             a
             Jurisdiction
             ,
             I
             must
             necessarily
             inferre
             from
             thence
             ,
             that
             so
             antiently
             ,
             if
             not
             somewhat
             before
             ,
             the
             Laws
             of
             the
             Sea
             must
             be
             settled
             for
             his
             rule
             and
             guidance
             :
             For
             they
             do
             not
             say
             there
             was
             an
             Admiral
             ,
             for
             so
             there
             might
             have
             been
             ,
             and
             he
             have
             ruled
             by
             Arbitrary
             power
             :
             but
             they
             say
             (
             as
             before
             is
             said
             )
             
               ad
               praefecturam
               Admirallorum
               à
               Regibus
            
             Angliae
             
               constitui
               solitorum
               spectaret
               Jurisdictionem
               ex
               imperio
               ejusmodi
               excercendam
               .
            
             And
             in
             their
             Petition
             as
             is
             before
             exprest
             ,
             they
             desire
             
               ut
               à
               custodiâ
               liberati
               qui
               carceri
               ,
               traditi
               essent
               ,
               reddita
               item
               bona
               nullo
               jure
               capta
               ,
               jurisdictionem
               Admiralli
               Regis
            
             Angliae
             subirent
             .
          
           
             Now
             as
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             is
             from
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             jus
             ,
             so
             jurisdictio
             is
             
               juris
               dicendi
               potestas
            
             .
             And
             as
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             likewise
             from
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             or
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             from
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             lex
             ;
             so
             
               Juris
               consultus
               est
               is
               qui
               jus
               consuluit
               ,
               sive
               studuit
               :
            
             and
             so
             
               juridicus
               quod
               secundùm
               jus
               est
            
             ,
             as
             
               juridicus
               dies
               ,
               quô
               ritè
               jus
               dici
               potest
               ,
               and
               juridica
               actio
               ,
               quae
               secundùm
               jus
               est
               :
               dicitur
               etiam
               juridicus
               ,
               qui
               jus
               dicit
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               &c.
               
               At
               cui
               jus
               ignotum
               est
               ,
               &
               ignota
               jurisdicendi
               potestas
               ,
               &
               cui
               jus
               non
               est
               jus
               ,
               non
               consuluit
               ,
               &
               ubi
               jus
               non
               est
               ,
               ibi
               jus
               dici
               nequit
               .
            
             No
             man
             can
             have
             a
             Jurisdiction
             or
             power
             of
             declaring
             the
             Law
             ,
             or
             judging
             by
             the
             Law
             ,
             to
             whom
             the
             Law
             is
             not
             known
             ;
             more
             especially
             where
             there
             is
             no
             known
             Law
             to
             declare
             or
             judge
             by
             .
             Therefore
             seeing
             the
             Admiral
             (
             by
             common
             consent
             ,
             and
             by
             so
             common
             a
             judicial
             acknowledgement
             )
             so
             antiently
             had
             a
             Jurisdiction
             ,
             necessarily
             he
             must
             so
             antiently
             have
             had
             certain
             known
             and
             settled
             Laws
             to
             declare
             and
             judge
             by
             .
          
           
             I
             do
             observe
             likewise
             that
             all
             the
             Patents
             granted
             unto
             Admirals
             ,
             from
             the
             35th
             of
             Edward
             the
             Third
             upwards
             ,
             unto
             the
             34th
             of
             Edward
             the
             First
             ,
             do
             conclude
             in
             binding
             them
             to
             the
             execution
             of
             their
             office
             :
             
               prout
               justum
               fuerit
               &
               fieri
               consuevit
               :
            
             And
             as
             this
             
               prout
               fieri
               consuevit
            
             led
             me
             to
             the
             more
             antient
             Patents
             ,
             wherein
             the
             Officers
             bear
             not
             the
             title
             of
             Admiral
             ,
             and
             taught
             me
             to
             understand
             that
             the
             variation
             of
             the
             title
             did
             not
             differ
             or
             alter
             the
             property
             in
             the
             Office
             ,
             or
             the
             quality
             of
             the
             Officer
             :
             so
             this
             
               prout
               justum
               fuerit
            
             shews
             me
             as
             well
             as
             the
             Jurisdiction
             in
             the
             Libel
             before
             spoken
             of
             did
             ,
             that
             the
             Admirals
             had
             then
             ;
             and
             
               prout
               hactenus
            
             shews
             me
             they
             had
             so
             before
             ,
             a
             Law
             to
             rule
             and
             judge
             by
             :
             For
             though
             a
             private
             man
             ,
             which
             is
             
               vir
               bonus
            
             ,
             a
             good
             man
             which
             deals
             uprightly
             and
             punctually
             with
             all
             men
             ,
             is
             usually
             said
             to
             be
             
               vir
               justus
            
             ,
             and
             not
             improperly
             when
             we
             speak
             of
             a
             private
             man
             in
             his
             private
             dealings
             :
             And
             
               vir
               probus
               &
               sanctus
            
             ,
             which
             observeth
             the
             Divine
             Law
             ,
             is
             very
             properly
             called
             
               vir
               justus
            
             ,
             when
             we
             speak
             or
             discourse
             of
             matters
             of
             Religion
             ,
             &c.
             
             But
             if
             we
             speak
             of
             
             a
             man
             set
             and
             put
             in
             place
             and
             authority
             over
             others
             in
             Sea-affairs
             ,
             we
             say
             he
             is
             
               vir
               justus
               ,
               qui
               jus
               observat
               ,
               &
               à
               jure
               non
               discedit
            
             ;
             for
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             which
             signifieth
             justus
             ,
             doth
             as
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             and
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             do
             ,
             come
             from
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             jus
             ;
             and
             so
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             from
             the
             same
             word
             signifieth
             
               legitimè
               ,
               jure
               ,
               &
               justè
            
             ;
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             signifieth
             jus
             ,
             the
             Law
             it self
             .
          
        
         
           
             CHAP.
             VI.
             
          
           
             The
             Antiquity
             of
             the
             Admiralty
             argued
             and
             inferred
             from
             the
             defect
             and
             want
             of
             ability
             in
             other
             Courts
             in
             deciding
             of
             Maritime
             Causes
             in
             those
             antient
             times
             .
          
           
             THat
             in
             those
             antient
             times
             the
             
               Custodes
               marinae
               ,
               &
               maritimarum
               partium
               ,
               &c.
            
             to
             whose
             care
             and
             trust
             these
             marinae
             ,
             and
             
               maritimae
               partes
            
             ,
             the
             Seas
             ,
             the
             Coasts
             and
             Ports
             of
             the
             Seas
             were
             committed
             ,
             had
             a
             great
             power
             ,
             and
             grand
             authority
             over
             all
             those
             maritime
             parts
             ,
             whereunto
             they
             were
             limited
             ,
             and
             over
             all
             Ships
             and
             Shipping
             ,
             and
             over
             all
             things
             thereunto
             belonging
             ,
             and
             over
             all
             persons
             whatsoever
             ,
             who
             were
             therein
             concern'd
             within
             the
             said
             limits
             ,
             and
             had
             powet
             and
             authority
             of
             hearing
             and
             determining
             of
             all
             differences
             and
             controversies
             ,
             which
             did
             or
             might
             arise
             concerning
             the
             same
             ,
             may
             be
             very
             well
             concluded
             upon
             this
             further
             ground
             ,
             that
             no
             other
             Court
             in
             those
             dayes
             presumed
             ever
             to
             take
             cognizance
             of
             any
             such
             matters
             ,
             or
             affairs
             ,
             which
             I
             am
             confident
             of
             for
             the
             reasons
             ensuing
             :
             I
             hope
             no
             man
             will
             say
             that
             maritime
             causes
             were
             tried
             in
             the
             Heal-gemote
             ,
             now
             called
             the
             Court
             Baron
             ;
             nor
             in
             the
             Hundresmote
             ,
             now
             called
             the
             Hundred-Court
             ,
             and
             is
             of
             the
             same
             nature
             with
             the
             County-Court
             ;
             nor
             yet
             in
             the
             Scyedgemote
             ,
             now
             called
             the
             b
             Sheriffs
             Turne
             ,
             which
             were
             the
             Courts
             then
             in
             use
             ,
             and
             had
             been
             long
             before
             the
             Conquest
             ,
             and
             do
             yet
             continue
             ,
             and
             never
             did
             ,
             nor
             do
             assume
             ,
             nay
             not
             so
             much
             as
             challenge
             any
             right
             at
             all
             to
             any
             such
             power
             .
          
           
             Nor
             did
             the
             Kings
             Court
             of
             Exchequer
             (
             which
             was
             the
             first
             Court
             was
             settled
             after
             the
             Conquest
             )
             ever
             c
             undertake
             to
             deal
             in
             causes
             of
             that
             nature
             ;
             but
             (
             as
             Mr.
             Lambard
             determineth
             this
             point
             very
             well
             )
             was
             only
             setled
             and
             appointed
             for
             causes
             concerning
             the
             Kings
             Demeasnes
             and
             Receipts
             .
             And
             he
             saith
             that
             after
             the
             Conqueror
             had
             suppressed
             the
             Forces
             of
             those
             that
             made
             head
             against
             him
             ,
             here
             ,
             he
             settled
             this
             Court
             for
             his
             Revenues
             ,
             
             and
             called
             it
             his
             Exchequer
             ,
             after
             the
             name
             of
             his
             Exchequer
             in
             Normandy
             ;
             but
             (
             saith
             he
             )
             it
             differed
             not
             a
             little
             from
             that
             ;
             for
             the
             Exchequer
             of
             Normandy
             had
             not
             only
             the
             Government
             of
             the
             Revenues
             of
             the
             Duke
             there
             ,
             but
             was
             also
             the
             Soveraign
             Court
             for
             the
             administration
             of
             Justice
             amongst
             his
             Subjects
             until
             Lewis
             the
             Twelfth
             ,
             King
             of
             
               France
               ,
               anno
            
             1499.
             converted
             it
             into
             a
             Parliament
             ,
             consisting
             of
             a
             President
             and
             Councellors
             ,
             and
             established
             it
             at
             Roan
             in
             Normandy
             ,
             where
             it
             still
             continueth
             .
             But
             (
             saith
             he
             )
             this
             Exchequer
             in
             England
             had
             only
             the
             direction
             of
             his
             Demeasnes
             and
             Receipts
             ,
             and
             the
             administration
             of
             Common
             Justice
             continued
             still
             in
             that
             high
             Court
             of
             Justice
             and
             Equity
             ,
             which
             did
             then
             and
             a
             long
             time
             after
             ,
             as
             well
             as
             before
             the
             Conquest
             follow
             the
             King
             himself
             ;
             and
             for
             proof
             thereof
             he
             quoteth
             
               Gervasius
               Tilburiensis
            
             ,
             who
             wrote
             many
             observations
             upon
             the
             Exchequer
             ,
             which
             he
             dedicated
             to
             King
             Henry
             the
             second
             ,
             and
             be
             yet
             remaining
             in
             the
             receipt
             under
             the
             custody
             of
             the
             Chamberlains
             of
             the
             Exchequer
             in
             the
             black
             book
             there
             .
          
           
             But
             because
             (
             as
             Mr.
             Lambard
             saith
             )
             some
             contended
             to
             maintain
             that
             the
             Exchequer
             was
             in
             those
             dayes
             a
             Court
             of
             all
             sorts
             of
             Pleas
             ,
             for
             all
             Subjects
             whatsoever
             ,
             and
             that
             for
             the
             maintenance
             of
             their
             assertion
             ,
             they
             do
             alledge
             the
             title
             of
             Mr.
             Glanvil's
             Book
             in
             part
             thus
             :
             Et
             d
             
               illas
               solùm
               leges
               continet
               &
               consuetudines
               secundùm
               quas
               placitatur
               in
               Curiâ
               Regis
               ad
               Scaccarium
               ,
            
             lest
             others
             should
             hereby
             be
             misled
             ,
             and
             for
             this
             reason
             think
             so
             too
             ,
             and
             so
             be
             brought
             to
             conceive
             ,
             that
             before
             the
             Court
             of
             Kings-Bench
             or
             Common-Pleas
             were
             either
             of
             them
             settled
             
               in
               certo
               aliquo
               loco
            
             ,
             that
             the
             Exchequer
             might
             have
             the
             cognizance
             of
             all
             Causes
             between
             party
             and
             party
             ,
             as
             well
             maritime
             belonging
             to
             the
             Sea
             ,
             and
             Sea-affairs
             ,
             and
             from
             thence
             arising
             ;
             as
             terrene
             belonging
             to
             the
             Land
             ,
             and
             Land-affairs
             ,
             and
             from
             thence
             growing
             ;
             I
             shall
             here
             set
             down
             Mr.
             Lambards
             answer
             to
             that
             which
             is
             alledged
             for
             the
             proof
             ,
             and
             maintenance
             of
             this
             assertion
             ,
             who
             confidently
             affirmeth
             ,
             that
             the
             aforementioned
             words
             are
             not
             the
             words
             of
             Glanvil
             himself
             ,
             but
             of
             the
             Publisher
             of
             his
             Book
             in
             print
             ,
             which
             appeareth
             by
             what
             precedeth
             the
             words
             alledged
             in
             the
             Title
             ,
             
               viz.
               Tractatus
               de
               legibus
               de
               tempore
               Regis
            
             Henrici
             
               secundi
               compositus
               ab
               illustri
               viro
            
             Ranulpho
             de
             Glanvile
             ,
             
               juris
               regni
               ,
               &
               antiquarum
               consuetudinum
               eo
               tempore
               peritissimo
            
             ;
             which
             (
             saith
             he
             )
             doth
             plainly
             shew
             and
             bewray
             that
             the
             Publisher
             spake
             of
             Glanvile
             as
             another
             man
             ,
             and
             which
             also
             lived
             not
             then
             ,
             but
             at
             another
             time
             .
             And
             herein
             he
             must
             needs
             say
             very
             truly
             ,
             for
             never
             was
             there
             any
             Author
             of
             any
             credit
             that
             ever
             gave
             himself
             this
             or
             the
             like
             title
             ,
             or
             being
             living
             ,
             
             would
             say
             that
             he
             was
             
               juris
               regni
               &
               antiquarum
               consuetudinum
               eo
               tempore
               peritissimus
               .
            
          
           
             And
             again
             ,
             they
             have
             not
             taken
             in
             all
             the
             words
             of
             that
             title
             ,
             which
             do
             follow
             ,
             but
             have
             left
             out
             these
             ,
             viz.
             e
             
               Et
               coram
               judiciariis
               ubicunque
               fuerint
            
             ;
             which
             being
             so
             ,
             the
             Kings
             Bench
             or
             Court
             which
             then
             followed
             the
             King
             ,
             must
             needs
             be
             herein
             comprehended
             and
             included
             ,
             and
             the
             whole
             title
             being
             collected
             thus
             ,
             
               Tractatus
               de
               legibus
               de
               tempore
            
             Henrici
             
               secundi
               compositus
               ab
               illustri
               viro
            
             Ranulpho
             de
             Glanvile
             ,
             
               juris
               regni
               &
               antiquarum
               consuetudinum
               eo
               tempore
               peritissimo
               ,
               &
               eas
               solùm
               leges
               continet
               &
               consuetudines
               secundum
               quas
               placitatur
               in
               Curiâ
               Regis
               ad
               Scaccarium
               ,
               &
               coram
               Justiciariis
               ubicunque
               fuerint
               .
            
             Then
             doth
             this
             title
             make
             no
             argument
             for
             the
             proof
             of
             their
             assertion
             .
             And
             so
             I
             shall
             leave
             the
             Exchequer
             then
             only
             to
             govern
             and
             rule
             the
             Kings
             Revenues
             ,
             Demeasnes
             ,
             and
             Receipts
             ,
             and
             such
             matters
             as
             belong
             only
             thereunto
             ;
             and
             next
             cast
             only
             a
             glance
             upon
             the
             Justices
             in
             Eyre
             and
             their
             Jurisdiction
             .
          
           
             The
             Justices
             in
             Eyre
             are
             said
             by
             Gervase
             of
             Tilbury
             to
             be
             
               quasi
               errantes
            
             ,
             but
             by
             Bracton
             are
             called
             itinerantes
             :
             For
             King
             Henry
             the
             Second
             in
             the
             32th
             year
             of
             his
             reign
             divided
             the
             Realm
             into
             six
             parts
             ,
             from
             which
             the
             Circuits
             which
             our
             Judges
             do
             now
             ride
             ,
             do
             not
             much
             differ
             ;
             and
             to
             every
             of
             those
             parts
             appointed
             three
             Justices
             ,
             who
             at
             their
             appointed
             times
             kept
             Circuits
             in
             their
             several
             parts
             to
             them
             limited
             ,
             and
             held
             plea
             as
             well
             of
             Criminal
             as
             of
             f
             Civil
             Causes
             .
             But
             Justices
             of
             Assises
             being
             likewise
             appointed
             ,
             whose
             first
             office
             was
             to
             take
             Assises
             of
             
               Mort
               d'ancester
            
             ,
             and
             
               Novel
               Desseisins
            
             ,
             according
             to
             the
             customes
             of
             Normandy
             ,
             where
             it
             is
             called
             
               la
               Novellette
            
             ;
             and
             gaining
             a
             further
             power
             of
             taking
             Attaints
             ,
             Juries
             ,
             and
             Certificates
             ,
             and
             delivery
             of
             Gaols
             .
             These
             Justices
             of
             Assise
             by
             the
             beginning
             of
             Edward
             the
             Third's
             Reign
             gave
             an
             end
             to
             the
             Justices
             in
             Eyre
             ,
             who
             about
             that
             time
             did
             surcease
             and
             take
             leave
             .
          
           
             Now
             could
             neither
             of
             these
             Justices
             ,
             the
             Justices
             in
             Eyre
             not
             coming
             every
             year
             into
             the
             Country
             ,
             nor
             the
             other
             Justices
             (
             being
             sometimes
             at
             home
             ,
             sometimes
             in
             their
             Circuit
             ;
             and
             in
             their
             Circuit
             ,
             sometimes
             in
             one
             place
             ,
             and
             sometimes
             in
             another
             )
             take
             g
             cognizance
             ,
             or
             have
             the
             hearing
             and
             determining
             of
             maritime
             causes
             ,
             seafaring
             matters
             ,
             or
             any
             thing
             them
             concerning
             :
             For
             such
             causes
             did
             and
             do
             require
             a
             more
             speedy
             dispatch
             and
             determination
             than
             these
             Justices
             could
             afford
             them
             .
             Nam
             h
             
               breviter
               &
               summariè
               tales
               sunt
               examinandae
               causae
               ,
               nec
               ad
               plenissimas
               Judiciorum
               formulas
               recurrere
               oportet
               ,
               sed
               suceinctè
               de
               plano
               sine
               strepitu
               
               judiciorum
               &
               solenni
               figurâ
               ;
               immo
               velo
               levato
               in
               eis
               procedendum
               est
               .
               &
               ut
            
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             
               vela
               navis
               navigationem
               &
               transfretationem
               properant
               ,
               judicium
               sic
               properat
               ad
               navigandum
               &
               transfretandum
               festinatio
            
             ;
             Merchants
             ,
             Mariners
             ,
             and
             Seamen
             ,
             whose
             business
             and
             affairs
             are
             ordered
             here
             ,
             ventulated
             at
             sea
             ,
             and
             agitated
             beyond
             the
             seas
             ,
             must
             have
             a
             quick
             and
             sudden
             dispatch
             of
             Justice
             ;
             that
             as
             they
             come
             in
             with
             one
             good
             wind
             ,
             so
             they
             may
             go
             out
             with
             another
             :
             the
             Mariners
             cause
             admitteth
             no
             delay
             ,
             but
             must
             have
             a
             judge
             ,
             and
             a
             settled
             place
             of
             Judicature
             at
             all
             times
             in
             readiness
             for
             his
             dispatch
             :
             for
             whilest
             his
             cause
             is
             pleading
             for
             his
             right
             ,
             his
             Ship
             is
             preparing
             for
             his
             Voyage
             ;
             to
             which
             I
             may
             well
             apply
             the
             verse
             in
             Virgil
             ,
             i
             
               Interea
               classem
               velis
               aptare
               jubebat
            
             .
             For
             his
             ditty
             is
             alwayes
             the
             same
             with
             another
             verse
             of
             the
             same
             Authors
             ,
             k
             
               Rursus
               agam
               pelago
               ,
               &
               ventis
               dare
               vela
               jubebo
               .
            
          
           
             Neither
             for
             the
             very
             same
             reason
             (
             if
             there
             had
             been
             no
             other
             )
             could
             the
             Court
             of
             Common-Pleas
             ,
             when
             it
             was
             settled
             ,
             take
             cognizance
             of
             maritime
             causes
             ,
             or
             seafaring
             matters
             ,
             nor
             did
             the
             settling
             thereof
             dissettle
             the
             Marina
             ,
             which
             had
             at
             and
             before
             that
             time
             been
             committed
             unto
             the
             care
             and
             charge
             of
             several
             persons
             ,
             as
             appeareth
             by
             those
             several
             Records
             of
             the
             ninth
             and
             eighth
             year
             of
             King
             Henry
             the
             Third
             already
             cited
             ;
             for
             the
             Court
             of
             Common-pleas
             (
             't
             is
             plaine
             )
             began
             not
             to
             be
             settled
             untill
             the
             ninth
             year
             of
             the
             same
             King.
             if
             so
             soon
             ;
             for
             it
             was
             but
             that
             year
             determined
             that
             it
             should
             be
             so
             settled
             ;
             but
             the
             power
             thereof
             rested
             in
             the
             King
             himself
             ,
             and
             his
             supreme
             Court
             ,
             which
             constantly
             followed
             him
             whithersoever
             he
             removed
             ;
             and
             was
             by
             
               Magna
               Charta
               cap.
            
             11.
             that
             year
             appointed
             only
             to
             be
             settled
             in
             one
             particular
             place
             ,
             by
             these
             words
             ,
             l
             
               Communia
               placita
               non
               sequantur
               curiam
               nostram
               ,
               sed
               teneantur
               in
               certo
               aliquo
               loco
               .
            
          
           
             Now
             although
             differences
             and
             controversies
             of
             what
             nature
             soever
             ,
             were
             then
             perhaps
             neither
             so
             many
             ,
             nor
             did
             so
             frequently
             arise
             as
             now
             ,
             nor
             were
             of
             so
             great
             consequence
             and
             concernment
             ,
             as
             since
             they
             have
             been
             ;
             yet
             cannot
             I
             ,
             or
             any
             man
             else
             (
             as
             I
             conceive
             )
             think
             that
             they
             were
             so
             few
             ,
             ot
             so
             mean
             ,
             as
             that
             they
             deserved
             no
             decision
             or
             determination
             at
             all
             .
          
           
             I
             cannot
             see
             then
             how
             it
             can
             be
             possible
             ,
             but
             that
             these
             Custodes
             must
             necessarily
             have
             then
             even
             in
             those
             so
             ancient
             times
             a
             complete
             Jurisdiction
             for
             the
             regulating
             all
             maritime
             and
             sea
             affairs
             ,
             and
             for
             the
             deciding
             of
             all
             maritime
             and
             sea
             differences
             ,
             by
             those
             most
             exact
             Sea-laws
             ,
             before
             those
             times
             so
             well
             known
             unto
             so
             many
             Forreign
             Nations
             ,
             and
             by
             them
             so
             gladly
             received
             ,
             and
             put
             in
             use
             and
             execution
             ;
             and
             m
             doubtless
             not
             unknown
             here
             ,
             
             for
             the
             reasons
             before
             exprest
             ,
             together
             with
             the
             antient
             Statutes
             of
             the
             Admiralty
             ,
             and
             those
             Laws
             of
             Oleron
             ,
             which
             (
             as
             it
             plainly
             appears
             )
             were
             introduced
             by
             Richard
             the
             First
             .
          
        
         
           
             CHAP.
             VII
             .
          
           
             Of
             the
             Exercise
             of
             the
             Sea-laws
             by
             the
             Graecians
             ,
             Athethenians
             ,
             Romans
             ,
             Italians
             ,
             Venetians
             ,
             Spaniards
             ;
             and
             by
             the
             Admirals
             of
             Naples
             and
             Castile
             .
          
           
             FRom
             the
             example
             of
             these
             Rhodians
             ,
             have
             all
             or
             most
             Princes
             and
             Common-wealths
             in
             Europe
             obteined
             their
             Laws
             ,
             continually
             constituted
             and
             appointed
             chief
             Captains
             ,
             Commanders
             ,
             Governors
             ,
             or
             Admirals
             over
             all
             their
             Ships
             ,
             sea-faring-men
             ,
             and
             sea-affairs
             ,
             to
             order
             ,
             rule
             ,
             and
             govern
             them
             by
             those
             Laws
             ,
             and
             to
             put
             the
             same
             in
             due
             execution
             ,
             distinctly
             and
             apart
             from
             ,
             and
             in
             no
             wise
             mixt
             or
             intermingled
             with
             those
             Laws
             whereby
             they
             regulated
             their
             Land-men
             and
             Land-businesses
             .
          
           
             The
             a
             Graecians
             have
             had
             from
             antient
             times
             ,
             and
             still
             have
             their
             several
             special
             Judges
             for
             hearing
             and
             determining
             of
             all
             differences
             happening
             between
             Merchant
             and
             Merchant
             ,
             Mariner
             and
             Mariner
             ,
             and
             between
             Merchants
             and
             Mariners
             ,
             and
             between
             Merchants
             and
             Owners
             of
             Ships
             ,
             and
             Owners
             of
             Ships
             and
             Mariners
             ,
             and
             between
             them
             and
             all
             others
             that
             had
             to
             do
             with
             them
             in
             their
             sea-trading
             ,
             and
             sea
             affairs
             .
             And
             these
             Governors
             of
             their
             Fleets
             are
             termed
             or
             called
             their
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             or
             chief
             Governors
             .
          
           
             The
             b
             Athenians
             have
             likewise
             antiently
             had
             the
             like
             for
             the
             same
             purpose
             ,
             which
             they
             termed
             or
             called
             their
             Thesmothetie
             .
          
           
             And
             the
             c
             Romans
             had
             antiently
             their
             
               Archigubernii
               ,
               praefecti
               classis
               vel
               maris
               ,
            
             for
             their
             principal
             Governor
             ,
             Commander
             of
             their
             Fleet
             and
             Shipping
             ;
             but
             because
             of
             their
             great
             employment
             ,
             sometime
             at
             Sea
             ,
             sometime
             at
             Land
             ,
             they
             had
             their
             Magisteriani
             ,
             or
             Judiciarii
             (
             or
             as
             d
             Freccia
             saith
             )
             their
             
               Comes
               Commerciorum
            
             for
             the
             Judicature
             of
             all
             maritime
             causes
             .
          
           
             And
             when
             they
             came
             to
             be
             divided
             into
             e
             Kingdomes
             and
             Republiques
             ,
             the
             Kingdoms
             had
             their
             Admirals
             ,
             and
             the
             Republiques
             their
             Consuls
             ,
             who
             had
             the
             Judicature
             of
             Freight
             ,
             &c.
             
          
           
           
             The
             f
             Italians
             have
             their
             l'Aamiraglio
             or
             Amirante
             ,
             and
             under
             them
             their
             
               li
               Consoli
               del
               mare
            
             ,
             for
             the
             decision
             of
             all
             causes
             maritime
             .
          
           
             Spain
             hath
             its
             g
             Adelantado
             ,
             and
             divers
             Admirals
             ,
             some
             for
             Europe
             ,
             some
             for
             the
             Indies
             ,
             all
             of
             equal
             power
             .
          
           
             Naples
             hath
             an
             h
             Admiral
             of
             great
             power
             over
             all
             seafaring
             men
             ,
             and
             all
             such
             as
             get
             their
             living
             by
             the
             Sea
             ,
             or
             are
             employed
             in
             building
             and
             furnishing
             of
             Ships
             with
             what
             necessaries
             soever
             ;
             and
             over
             all
             such
             as
             make
             it
             their
             Trade
             to
             take
             fish
             in
             the
             Sea
             ,
             &c.
             
             And
             his
             Court
             is
             called
             
               Magna
               Curia
            
             ,
             from
             which
             there
             lieth
             no
             appeal
             ,
             only
             to
             the
             supreme
             Council
             ;
             all
             which
             he
             hath
             exclusivè
             to
             all
             others
             ,
             both
             for
             matters
             Criminal
             and
             Civil
             .
             The
             Admiral
             of
             Castile
             hath
             supreme
             Authority
             over
             all
             that
             use
             the
             Seas
             ,
             and
             hath
             other
             Judges
             in
             Port-Towns
             for
             the
             dispatch
             of
             all
             ordinary
             businesses
             concerning
             Freight
             ,
             Avaridge
             ,
             and
             all
             other
             maritime
             affairs
             .
          
        
         
           
             CHAP.
             VIII
             .
          
           
             Of
             the
             Admiralty
             of
             France
             and
             Denmark
             .
          
           
             BUt
             to
             come
             nearer
             home
             ,
             the
             Kingdome
             of
             France
             hath
             from
             antient
             times
             had
             Admirals
             ;
             and
             so
             affirmeth
             that
             learned
             man
             a
             Mr.
             
               Selden
               ,
               Seculis
               in
               vetustioribus
               apud
            
             Gallos
             
               fuêre
               quidem
               Admiralli
               seu
               rerum
               maritimarum
               praefecti
               ;
               ita
               tamen
               ut
               eorum
               scriptores
               de
               dignitatis
               initiis
               haud
               parum
               discrepent
            
             ;
             saith
             he
             ,
             they
             are
             so
             antient
             ,
             that
             their
             Writers
             cannot
             agree
             when
             that
             dignity
             began
             :
             
               Sed
               id
               plerumque
               aiunt
               ,
               reperiri
               sub
            
             b
             Carolo
             Magno
             
               Rotlandum
               maris
            
             Britannici
             (
             Aremoricani
             )
             
               praefectum
               ,
               quem
               ex
            
             Eginharto
             vitae
             Caroli
             
               scriptore
               contemporaneo
               petunt
            
             :
             But
             saith
             he
             in
             Eginharto
             
               non
               maris
            
             Britannici
             ,
             
               sed
               tantum
            
             Britannici
             
               littoris
               praefectus
               expressè
               is
               nuncupatur
            
             ;
             he
             was
             not
             Admiral
             of
             the
             British
             Sea
             ,
             but
             of
             the
             British
             Sea-coasts
             or
             Shoar
             ;
             
               Quo
               nomine
               non
               qui
               mari
               ,
               ut
               provinciae
               praest
               ,
               sed
               qui
               littori
               ,
               &
               dignitatis
               limiti
               designatur
               :
            
             For
             he
             setteth
             forth
             plainly
             in
             the
             same
             chapter
             ,
             that
             the
             Kings
             of
             France
             had
             no
             Dominion
             over
             those
             Seas
             ;
             
               Reges
               vero
               ipsos
               nullum
               tunc
               habuisse
               in
               mare
               imperium
               disertè
               scribit
            
             Johannes
             Tilius
             
               Curiae
               Parisiensis
               actuarius
            
             :
             And
             there
             sets
             down
             Tilius
             his
             own
             words
             at
             large
             ,
             together
             with
             divers
             of
             other
             proofs
             throughout
             the
             same
             chapter
             ,
             which
             fully
             manifests
             the
             same
             .
          
           
             
               Yet
               in
               the
               beginning
               of
               the
            
             c
             
               same
               chapter
               ,
               he
               doth
               allow
               
               the
            
             French
             
               Admiral
               ,
               or
               their
            
             praefectus
             maris
             copiarum
             ,
             navalium
             in
             mari
             quocunque
             &
             nautarum
             regimen
             ,
             &
             jurisdictionem
             in
             personas
             &
             res
             mobiles
             ,
             quae
             sub
             judice
             veniant
             ,
             pour
             raison
             ou
             occasion
             de
             faict
             de
             la
             mer
             ;
             id
             est
             ,
             ob
             causam
             aliquam
             à
             re
             maritima
             ortam
             .
          
           
             And
             in
             confirmation
             of
             this
             d
             Power
             and
             Jurisdiction
             ,
             and
             for
             the
             more
             plain
             declaration
             thereof
             ,
             the
             Office
             of
             the
             Admiral
             by
             the
             Parliament
             at
             Paris
             is
             since
             thus
             ratified
             ,
             and
             declared
             in
             the
             Kings
             name
             .
          
           
             1.
             
             That
             in
             all
             Armies
             which
             shall
             be
             raised
             ,
             and
             set
             out
             to
             sea
             ,
             the
             Admiral
             shall
             be
             and
             continue
             chief
             ,
             and
             our
             Lieutenant
             General
             shall
             be
             obeyed
             in
             all
             maritime
             Towns
             or
             Places
             ,
             which
             are
             or
             may
             be
             without
             contradiction
             .
          
           
             2.
             
             He
             shall
             have
             Jurisdiction
             ,
             Cognisance
             ,
             and
             determination
             of
             all
             things
             done
             or
             committed
             on
             the
             Sea
             ,
             or
             Shoars
             of
             the
             same
             ;
             likewise
             of
             all
             Acts
             of
             Merchandising
             ,
             Fishing
             ,
             Freighting
             ,
             or
             letting
             to
             Freight
             ,
             Sales
             or
             breach
             of
             Ships
             ,
             of
             Contracts
             touching
             the
             matters
             aforesaid
             ,
             of
             Charter-parties
             ,
             of
             Sea-briefs
             ,
             and
             of
             all
             other
             things
             whatsoever
             happening
             upon
             the
             Sea
             ,
             or
             Shoars
             thereof
             ,
             as
             our
             Lieutenant
             alone
             ;
             and
             to
             all
             purposes
             in
             the
             places
             aforesaid
             ,
             which
             Jurisdiction
             ,
             Cognizance
             ,
             and
             Determination
             we
             have
             interdicted
             to
             all
             other
             Judges
             .
          
           
             3.
             
             He
             shall
             have
             Cognizance
             exclusive
             to
             all
             others
             of
             causes
             Civil
             ,
             and
             Criminal
             ,
             of
             those
             who
             are
             of
             the
             Dutch
             Towns
             ,
             of
             
               Esterlings
               ,
               English
               ,
               Scotch
               ,
               Portugals
               ,
               Spaniards
               ,
            
             and
             Strangers
             ,
             whether
             the
             cause
             of
             suit
             be
             betwixt
             Strangers
             only
             ,
             or
             betwixt
             Strangers
             and
             our
             own
             Subjects
             ,
             upon
             any
             occasion
             whatsoever
             .
          
           
             He
             holdeth
             his
             e
             principal
             Court
             at
             the
             Marble
             Table
             in
             the
             Palace
             of
             Paris
             ,
             and
             appointeth
             Judges
             as
             his
             Deputies
             in
             maritime
             Cities
             and
             Towns
             ,
             who
             hear
             and
             judge
             ordinary
             matters
             within
             their
             Circuits
             ;
             and
             if
             any
             business
             fall
             out
             worthy
             of
             greater
             consideration
             ,
             they
             refer
             it
             to
             the
             Admirals
             principal
             Court.
             
          
           
             The
             Admiral
             of
             Denmark
             is
             called
             Riiks
             ,
             and
             hath
             the
             like
             power
             and
             authority
             the
             Admiral
             of
             France
             hath
             .
          
        
         
           
           
             CHAP.
             IX
             .
          
           
             Of
             the
             Admiral
             of
             Scotland
             .
          
           
             COncerning
             the
             Admiral
             of
             Scotland
             ,
             we
             may
             (
             I
             am
             confident
             )
             very
             well
             believe
             Wellwood
             ,
             who
             was
             that
             Countrey-man
             ,
             and
             in
             his
             a
             Proheme
             upon
             his
             conscience
             ,
             as
             a
             Professor
             of
             the
             Civil
             Law
             ,
             denyeth
             that
             he
             had
             any
             imployment
             or
             part
             in
             any
             Admiralty
             ;
             and
             he
             setteth
             it
             forth
             thus
             ,
             and
             saith
             ,
          
           
             1.
             
             That
             for
             the
             redier
             obedience
             to
             the
             b
             great
             Admiral
             of
             the
             Sea
             ,
             it
             is
             by
             common
             consent
             of
             Nations
             successively
             agreed
             ,
             that
             in
             consideration
             of
             the
             Admirals
             soveraign
             commandment
             ,
             special
             preferment
             ,
             and
             power
             over
             the
             lives
             of
             men
             within
             the
             Sea-flood
             ,
             that
             therefore
             they
             should
             also
             have
             a
             soveraign
             Jurisdiction
             only
             proper
             to
             themselves
             over
             all
             seafaring-men
             within
             their
             bounds
             ,
             and
             in
             all
             seafaring
             causes
             ,
             and
             debates
             ,
             Civil
             and
             Criminal
             ;
             so
             that
             no
             other
             Judge
             of
             any
             degree
             ,
             at
             least
             in
             Scotland
             ,
             may
             meddle
             therewith
             ,
             but
             only
             by
             way
             of
             assistance
             ;
             and
             that
             must
             be
             by
             way
             of
             Commission
             ,
             and
             in
             difficult
             causes
             ;
             and
             he
             instanceth
             in
             an
             action
             intended
             by
             
               Antoni
               de
               la
               tour
            
             ,
             against
             one
             
               Christian
               Masters
               6
               Novemb.
               Anno
            
             1542.
             and
             he
             quoteth
             for
             this
             example
             the
             first
             Tome
             ,
             and
             the
             555
             Chapter
             of
             the
             Registry
             of
             Scotland
             .
          
           
             2.
             
             He
             saith
             c
             the
             Admiral
             is
             to
             constitute
             a
             Vice-Admiral
             ,
             and
             Captains
             to
             supply
             his
             absence
             at
             Sea
             ,
             as
             also
             Deputies
             for
             particular
             parts
             on
             the
             Coasts
             ,
             with
             Coroners
             to
             view
             the
             dead
             bodies
             found
             on
             Sea
             ,
             or
             found
             on
             the
             Coasts
             thereof
             ;
             And
             Commissioners
             or
             Judges
             General
             for
             exercising
             Justice
             in
             the
             High-Court
             on
             Land
             ,
             in
             causes
             Criminal
             ,
             specifying
             likewise
             the
             Officers
             thereunto
             belonging
             ,
             and
             these
             Commissioners
             or
             Judges
             General
             may
             sit
             where
             they
             please
             ,
             to
             execute
             Justice
             ,
             to
             imprison
             and
             relax
             ,
             and
             to
             command
             the
             Kings
             Prisons
             ,
             Boroughs
             ,
             and
             their
             Prison-Keepers
             ,
             to
             receive
             and
             keep
             their
             Prisoners
             .
          
           
             3.
             
             That
             d
             his
             authority
             is
             distinctly
             acknowledged
             in
             all
             things
             pertaining
             to
             seafaring
             matters
             ,
             and
             therefore
             his
             Judge
             ,
             Deputy
             ,
             or
             Commissary
             is
             called
             Judge
             ,
             Admiral
             ;
             and
             he
             and
             none
             other
             doth
             sit
             ,
             cognost
             ,
             determine
             ,
             and
             administer
             Justice
             in
             all
             Civil
             debates
             between
             Mariner
             and
             Merchant
             ,
             and
             between
             Mariner
             and
             Mariner
             :
             as
             likewise
             upon
             all
             Complaints
             ,
             Contracts
             ,
             Offences
             ,
             Pleas
             ,
             Exchanges
             ,
             Assecurations
             ,
             Debts
             ,
             Accomps
             ,
             Charter-parties
             ,
             
             Covents
             ,
             and
             all
             other
             Writings
             concerning
             lading
             and
             unlading
             of
             ships
             ,
             freights
             ,
             hires
             ,
             money
             lent
             upon
             casualties
             and
             hazard
             at
             Sea
             ,
             and
             all
             other
             business
             whatsoever
             amongst
             seafarers
             done
             on
             sea
             ,
             this
             side
             sea
             ,
             or
             beyond
             sea
             ,
             not
             forgetting
             cognition
             of
             the
             Writs
             and
             Appeals
             from
             other
             Judges
             ,
             and
             the
             causes
             of
             Actions
             of
             Reprizal
             or
             Letters
             of
             Marque
             .
          
           
             Yea
             ,
             and
             to
             take
             e
             Stipulations
             ,
             Cognizances
             ,
             and
             insinuations
             in
             the
             books
             of
             the
             Admiralty
             ,
             and
             to
             arrest
             and
             put
             in
             execution
             .
          
           
             4.
             
             That
             he
             is
             to
             enquire
             as
             well
             within
             liberties
             ,
             as
             without
             ,
             by
             the
             Oath
             of
             twelve
             men
             upon
             several
             offences
             .
          
           
             1.
             
             Of
             Revealers
             of
             the
             King
             and
             Countrey
             their
             secrets
             over
             sea
             in
             time
             of
             warre
             ,
          
           
             2.
             
             Of
             all
             Pirats
             ,
             their
             Assisters
             and
             Abettors
             ,
             Out-treaders
             and
             Receptours
             .
          
           
             3.
             
             Of
             the
             Breakers
             of
             the
             Admirals
             Arrestments
             and
             Attachments
             .
          
           
             4.
             
             Of
             Goods
             forbidden
             ,
             and
             Merchandises
             not
             customed
             ,
             and
             yet
             shipped
             and
             transported
             .
          
           
             5.
             
             Of
             the
             Resisters
             of
             the
             Admirals
             Officers
             in
             executing
             their
             praecepts
             .
          
           
             6.
             
             Of
             the
             Forestallers
             ,
             Regraters
             ,
             and
             Dearthers
             of
             corn
             ,
             fish
             ,
             drink
             ,
             fire
             ,
             wood
             and
             victuals
             carried
             over
             sea
             .
          
           
             7.
             
             Of
             Pleaders
             before
             other
             Judges
             then
             the
             Judge
             Admiral
             in
             causes
             pertaining
             to
             his
             Jurisdiction
             ,
             as
             also
             of
             the
             Judges
             taking
             cognizance
             of
             such
             causes
             .
          
           
             8.
             
             Of
             such
             as
             give
             Sea-briefs
             ,
             Testimonials
             ,
             or
             such
             like
             ,
             over
             sea
             without
             power
             or
             licence
             from
             the
             Admiral
             .
          
           
             9.
             
             Of
             Transporters
             and
             Carriers
             of
             Traytors
             ,
             Rebels
             ,
             manifest
             Transgressors
             ,
             and
             Fugitives
             from
             Justice
             over
             sea
             .
          
           
             10.
             
             Of
             Freighters
             and
             Hyrers
             of
             Ships
             of
             other
             Nations
             ,
             when
             they
             may
             be
             served
             by
             their
             own
             Nation
             .
          
           
             11.
             
             Of
             such
             as
             cast
             Ballasting-sand
             ,
             or
             what
             else
             in
             Harbours
             or
             Channels
             that
             may
             defile
             or
             spoil
             the
             same
             .
          
           
             12.
             
             Of
             Ship
             or
             Boat-writes
             extorting
             the
             Leiges
             or
             Subjects
             .
          
           
             13.
             
             Of
             taking
             away
             the
             Boigh
             from
             the
             Anchor
             ,
             or
             cutters
             of
             Cables
             or
             other
             Tews
             .
          
           
             14.
             
             Of
             false
             Weights
             and
             Measures
             by
             sea
             .
          
           
             15.
             
             Of
             Shedders
             of
             other
             mens
             blood
             on
             Sea
             ,
             or
             any
             Port
             or
             River
             below
             the
             first
             Bridge
             next
             the
             Sea.
             
          
           
             16.
             
             Of
             such
             as
             have
             furnished
             Ships
             with
             all
             ware
             ,
             or
             gear
             ,
             as
             the
             Sea-men
             terme
             it
             ,
             whereby
             any
             are
             hurt
             ,
             lamed
             ,
             or
             maimed
             .
          
           
           
             17.
             
             Of
             Customers
             and
             Water-Bailiffs
             ,
             which
             take
             more
             Custome
             or
             Anchorage
             ,
             then
             hath
             been
             usuall
             .
          
           
             18.
             
             Of
             such
             as
             absent
             themselves
             from
             Wapen-shewing
             ,
             or
             Mustering
             ,
             which
             the
             Admiral
             may
             ordain
             twice
             a
             year
             in
             time
             of
             warre
             ,
             and
             once
             in
             two
             year
             in
             time
             of
             peace
             ,
             upon
             all
             dwellers
             at
             Ports
             and
             Harbours
             ,
             or
             within
             one
             mile
             near
             thereunto
             .
          
           
             19.
             
             Of
             all
             sorts
             of
             transgressions
             committed
             by
             Sea-men
             ,
             Ferry-men
             ,
             Water-men
             ,
             as
             well
             in
             Floods
             ,
             Rivers
             ,
             and
             Creeks
             ,
             from
             the
             first
             Bridges
             ,
             as
             on
             the
             Seas
             ,
             Fishers
             ,
             Pilots
             ,
             Ship-wrights
             ,
             and
             Prest-men
             ,
             and
             continuing
             his
             authority
             ,
             after
             due
             cognition
             to
             levy
             and
             gather
             the
             penalties
             and
             amercements
             of
             all
             such
             transgressors
             ,
             together
             with
             the
             goods
             of
             Pirats
             ,
             Felons
             ,
             capital
             Faulters
             ,
             their-Receivers
             ,
             Assisters
             ,
             attainted
             ,
             convict
             ,
             condemned
             ,
             outlawed
             ,
             or
             horned
             .
          
           
             20.
             
             Of
             Deodands
             ,
             viz.
             the
             thing
             ,
             whether
             Boat
             or
             Ship
             ,
             &c.
             that
             caused
             the
             death
             of
             a
             man
             ,
             or
             by
             reason
             whereof
             a
             man
             did
             perish
             .
          
           
             21.
             
             Of
             Waif
             or
             Stray-goods
             ,
             Wreck
             of
             Sea
             ,
             Coast-goods
             .
          
           
             22.
             
             Of
             Shares
             ,
             lawfull
             Prizes
             ,
             or
             Goods
             of
             the
             Enemy
             ,
             Lagon
             ,
             Flotson
             and
             Jetson
             :
             Lagon
             ,
             which
             lyeth
             on
             the
             Sea-ground
             ,
             or
             is
             taken
             from
             the
             bottom
             of
             the
             Sea
             :
             Flotson
             ,
             which
             is
             found
             swimming
             on
             the
             Sea
             ;
             Jetson
             ,
             which
             is
             cast
             forth
             of
             the
             Sea
             ,
             and
             is
             found
             on
             the
             Shoar
             ,
             with
             Anchorages
             ,
             Beaconages
             ,
             Mear-Swine
             ,
             Sturgeons
             ,
             and
             Whales
             ,
             and
             all
             fish
             of
             extraordinary
             greatness
             ,
             which
             have
             alwayes
             been
             allowed
             to
             the
             Admiral
             .
          
        
         
           
             CHAP.
             X.
             
          
           
             From
             the
             common
             Acceptance
             of
             the
             Sea-laws
             in
             other
             Nations
             is
             inferred
             the
             Acceptance
             of
             them
             in
             England
             .
          
           
             THus
             have
             I
             set
             forth
             the
             antient
             original
             and
             beginning
             of
             the
             Sea-laws
             from
             the
             Rhodes
             so
             exactly
             by
             them
             set
             down
             ,
             according
             to
             the
             rules
             of
             equity
             ,
             that
             none
             of
             the
             Roman
             Emperours
             ,
             the
             Masters
             of
             Law
             ,
             no
             not
             Antoninus
             ,
             who
             (
             as
             he
             accounted
             himself
             )
             was
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             
               mundi
               dominus
            
             ,
             would
             undertake
             the
             decision
             of
             maritime
             causes
             ,
             but
             would
             refer
             them
             to
             the
             determination
             of
             the
             Laws
             of
             the
             Rhodes
             .
          
           
             I
             have
             likewise
             set
             forth
             the
             common
             and
             glad
             acceptance
             of
             
             them
             ,
             or
             of
             what
             could
             be
             got
             of
             them
             ;
             or
             rather
             the
             earnest
             suit
             for
             them
             by
             very
             many
             other
             Nations
             ,
             the
             use
             whereof
             hath
             been
             most
             profitably
             continued
             amongst
             them
             .
          
           
             Can
             it
             be
             thought
             then
             that
             this
             Nation
             being
             an
             Island
             (
             to
             which
             Shipping
             and
             Navigation
             must
             needs
             be
             most
             necessary
             and
             usefull
             )
             should
             deny
             or
             refuse
             these
             Laws
             ,
             so
             serviceable
             and
             usefull
             for
             their
             Maritime
             affairs
             ,
             there
             being
             no
             other
             Law
             here
             usefull
             for
             that
             purpose
             ?
             or
             shall
             it
             be
             thought
             that
             this
             Nation
             neither
             knew
             or
             heard
             of
             them
             ,
             when
             so
             many
             other
             Nations
             did
             ?
          
           
             Certainly
             no
             :
             This
             Nation
             hath
             very
             antiently
             flourished
             by
             its
             Trade
             and
             Traffique
             with
             other
             Nations
             ,
             and
             hath
             been
             frequently
             accustomed
             to
             Navigation
             ,
             and
             Transfretation
             ,
             and
             hath
             had
             as
             well
             converse
             as
             commerce
             with
             those
             Nations
             ,
             and
             would
             as
             well
             convey
             those
             Laws
             hither
             for
             their
             common
             Government
             ,
             as
             transport
             their
             own
             Commodities
             thither
             for
             their
             private
             benefit
             ,
             which
             happily
             could
             not
             be
             enjoyed
             ,
             one
             without
             the
             other
             .
             If
             not
             so
             ,
             yet
             let
             no
             man
             say
             that
             the
             two
             famous
             antient
             Universities
             of
             the
             Land
             ,
             wherein
             there
             be
             so
             many
             Colleges
             ,
             and
             houses
             of
             antient
             foundation
             ,
             in
             which
             have
             been
             by
             the
             Founders
             themselves
             ,
             so
             many
             Fellow-Ships
             ,
             Scholar-ships
             ,
             and
             places
             founded
             ,
             settled
             ,
             and
             employed
             properly
             and
             solely
             for
             Students
             in
             the
             Civil
             and
             Maritime
             Laws
             ,
             or
             the
             Laws
             proper
             and
             necessarily
             usefull
             for
             Navigation
             and
             Maritime
             affairs
             ,
             being
             so
             scattered
             ,
             (
             or
             I
             will
             rather
             say
             decently
             ,
             as
             flowers
             strewed
             )
             and
             disperst
             through
             the
             whole
             body
             of
             the
             Civil
             Law
             ,
             the
             subject
             whereon
             those
             Students
             were
             to
             spend
             their
             daily
             labour
             ,
             pains
             ,
             and
             employment
             ,
             could
             possibly
             be
             long
             ignorant
             of
             those
             Laws
             ,
             that
             these
             so
             many
             forenamed
             nations
             had
             so
             long
             and
             so
             well
             known
             ?
          
           
             What
             if
             known
             by
             this
             Nation
             ,
             was
             there
             yet
             any
             use
             made
             of
             them
             in
             it
             ?
             That
             they
             were
             known
             by
             what
             hath
             been
             said
             or
             considered
             ,
             cetainly
             I
             cannot
             have
             so
             ill
             a
             conceipt
             of
             my
             Country
             men
             ,
             the
             antient
             Inhabitants
             of
             this
             Nation
             ,
             as
             to
             think
             them
             so
             long
             ignorant
             and
             unskilfull
             of
             those
             antient
             Laws
             of
             the
             Sea
             ,
             and
             Laws
             so
             necessary
             for
             maritime
             affairs
             ,
             as
             some
             would
             make
             them
             to
             be
             ;
             much
             less
             will
             I
             think
             the
             Government
             of
             this
             Nation
             to
             be
             without
             so
             good
             order
             and
             justice
             in
             any
             particular
             ,
             as
             not
             to
             settle
             these
             Laws
             once
             known
             for
             the
             government
             of
             its
             maritime
             matters
             ;
             nor
             will
             I
             imagine
             the
             maritime
             men
             to
             be
             so
             dull
             or
             stupid
             ,
             as
             not
             gladly
             to
             embrace
             the
             settlement
             of
             such
             Laws
             as
             tended
             so
             much
             to
             their
             quiet
             ,
             and
             advance
             of
             their
             
             profit
             ,
             being
             to
             trade
             and
             commerce
             with
             such
             as
             used
             ,
             in
             this
             particular
             ,
             no
             other
             Laws
             but
             these
             .
          
           
             Again
             ,
             shall
             we
             say
             that
             so
             many
             Nations
             ,
             some
             so
             remote
             ,
             and
             some
             so
             near
             home
             as
             France
             ,
             but
             over
             against
             us
             ,
             and
             Scotland
             even
             within
             the
             same
             Island
             ,
             all
             governed
             by
             the
             Civil
             Laws
             ,
             or
             Municipal
             Laws
             thence
             derived
             ,
             and
             by
             them
             regulated
             and
             guided
             as
             the
             Sea
             Laws
             are
             ,
             and
             keep
             the
             pathes
             and
             very
             footsteps
             thereof
             in
             their
             proceedings
             ,
             as
             the
             Sea
             Laws
             do
             ;
             have
             with
             so
             much
             eagerness
             pursued
             and
             sought
             for
             these
             Sea
             Laws
             ,
             and
             with
             so
             much
             chearfulness
             embraced
             ,
             and
             continued
             them
             ;
             and
             that
             this
             Nation
             that
             is
             invested
             in
             a
             Law
             particular
             and
             municipal
             ,
             which
             doth
             in
             no
             wise
             so
             much
             as
             challenge
             or
             claim
             any
             derivation
             from
             ,
             or
             dependency
             of
             the
             Civil
             Law
             ,
             but
             is
             altogether
             different
             and
             disagreeable
             thereunto
             in
             its
             proceedings
             ,
             and
             oftentimes
             in
             its
             determinations
             ,
             and
             hath
             no
             foundation
             or
             grounds
             whereon
             the
             dicisions
             of
             sea-controversies
             can
             be
             built
             ,
             should
             without
             the
             knowledge
             and
             practise
             of
             these
             Civil
             and
             Maritime
             Laws
             ,
             deal
             and
             trade
             with
             such
             as
             do
             live
             under
             them
             ,
             and
             are
             guided
             by
             them
             ?
             surely
             no
             ,
             so
             many
             inconveniences
             ,
             distractions
             &
             distempers
             by
             reason
             of
             the
             variousness
             of
             two
             Laws
             ,
             both
             in
             proceedings
             ,
             &
             oftentimes
             in
             determinations
             ,
             would
             long
             agone
             have
             destroyed
             all
             our
             Commerce
             and
             Traffique
             with
             these
             other
             Nations
             ,
             and
             so
             consequently
             have
             dispoiled
             us
             of
             our
             Navigation
             and
             Shipping
             ,
             the
             principal
             safeguard
             of
             this
             Land.
             
          
           
             Nay
             ,
             I
             am
             so
             farre
             from
             doubting
             the
             acceptance
             of
             these
             Maritime
             and
             Sea
             Laws
             ,
             here
             in
             England
             ,
             as
             well
             as
             in
             other
             Nations
             ,
             that
             I
             am
             confident
             they
             were
             here
             settled
             before
             they
             were
             settled
             in
             divers
             of
             those
             Nations
             before
             mentioned
             :
             For
             I
             must
             not
             so
             much
             as
             think
             ,
             or
             have
             the
             least
             conceipt
             that
             England
             ever
             borrowed
             any
             thing
             at
             all
             from
             those
             Articles
             which
             are
             cognoscible
             in
             the
             Admiralty
             of
             Scotland
             .
             But
             I
             may
             very
             well
             believe
             that
             those
             Articles
             of
             Scotland
             were
             borrowed
             from
             some
             of
             the
             three
             antient
             Records
             of
             the
             Admiralty
             of
             England
             :
             (
             For
             so
             are
             all
             things
             by
             the
             Admiral
             ,
             Judge
             ,
             or
             Lieutenant
             decreed
             ,
             and
             registred
             by
             an
             Ordinance
             of
             Richard
             the
             First
             ,
             made
             at
             Grimsby
             ,
             styled
             and
             said
             to
             be
             )
             which
             are
             ,
             with
             very
             many
             other
             antient
             things
             ,
             comprised
             in
             the
             black
             Book
             of
             the
             Admiralty
             ,
             which
             are
             therein
             ingrossed
             in
             an
             antient
             Character
             upon
             Vellam
             ,
             one
             of
             which
             immediately
             followeth
             the
             antient
             Statutes
             of
             the
             Admiralty
             ,
             and
             is
             there
             set
             down
             in
             old
             French
             ,
             as
             the
             said
             Statutes
             are
             ,
             and
             conteineth
             38
             Articles
             .
          
           
             A
             second
             is
             a
             Latin
             Copy
             translated
             out
             of
             another
             antient
             
             French
             Record
             ,
             by
             Roughton
             ,
             and
             in
             an
             antient
             Character
             in
             the
             same
             manner
             ,
             inserted
             into
             the
             same
             book
             ,
             and
             containeth
             52
             Articles
             .
          
           
             The
             third
             is
             the
             Inquisition
             taken
             at
             Quinborough
             ,
             the
             2.
             of
             April
             in
             the
             49th
             year
             of
             the
             Reign
             of
             Edward
             the
             Third
             ;
             at
             which
             time
             ,
             and
             to
             which
             place
             he
             caused
             several
             maritime
             and
             seafaring
             and
             sea-trading
             men
             of
             the
             best
             judgement
             and
             knowledge
             in
             sea-affairs
             of
             most
             of
             the
             maritime
             parts
             of
             England
             to
             be
             summoned
             ,
             and
             there
             before
             
               W.
               Nevel
            
             Admiral
             of
             the
             
               North
               ,
               Philip
               Courtney
            
             then
             Admiral
             of
             the
             West
             ,
             and
             William
             Lord
             Latimer
             Chamberlain
             of
             England
             ,
             and
             Warden
             of
             the
             Cinque-Ports
             ,
             to
             meet
             together
             ,
             and
             consider
             of
             all
             such
             points
             and
             matters
             as
             had
             antiently
             and
             usually
             been
             observable
             ,
             inquirable
             ,
             and
             punishable
             in
             the
             Admiralty
             ,
             upon
             which
             inquisition
             81
             Articles
             were
             concluded
             on
             ,
             which
             are
             likewise
             ingrossed
             (
             they
             being
             more
             particular
             than
             the
             former
             )
             in
             old
             French
             ,
             in
             the
             said
             antient
             black
             Book
             of
             the
             Admiralty
             :
             But
             these
             (
             as
             the
             Scottish
             Articles
             )
             do
             concern
             only
             matters
             to
             be
             proceeded
             against
             criminally
             ,
             and
             not
             matters
             of
             Trade
             ,
             Traffique
             and
             Commerce
             ,
             and
             damages
             susteined
             at
             Sea
             ,
             or
             in
             Ports
             ,
             havens
             ,
             &c.
             whereof
             I
             shall
             come
             to
             treat
             in
             the
             second
             Book
             ;
             yet
             do
             these
             several
             Records
             in
             several
             Articles
             set
             forth
             in
             what
             manner
             such
             as
             shall
             sue
             or
             implead
             any
             Merchant
             ,
             Mariner
             ,
             or
             seafaring
             man
             for
             any
             Contract
             maritime
             ,
             whether
             made
             by
             Charter-party
             or
             otherwise
             ,
             or
             for
             any
             thing
             whatsoever
             done
             of
             ,
             or
             concerning
             any
             Ship
             or
             other
             Vessel
             in
             any
             other
             Court
             then
             the
             Admiral
             ,
             shall
             be
             proceeded
             against
             ,
             as
             I
             shall
             more
             particularly
             hereafter
             set
             forth
             :
             But
             my
             chiefest
             reason
             that
             the
             Civil
             and
             Maritime
             Law-Courts
             were
             here
             settled
             in
             England
             ;
             before
             they
             were
             settled
             in
             divers
             of
             those
             other
             Nations
             ,
             is
             for
             that
             this
             Nation
             hath
             had
             the
             Dominion
             over
             the
             British
             Seas
             ,
             and
             their
             High-Admirals
             their
             Jurisdiction
             over
             those
             Maritime
             Affairs
             ,
             which
             fell
             
               sub
               isto
               regimine
               &
               dominio
            
             ,
             so
             antiently
             ,
             as
             that
             in
             Edward
             the
             Firsts
             time
             the
             same
             was
             acknowledged
             by
             very
             many
             other
             Nations
             to
             have
             been
             then
             beyond
             the
             memory
             of
             man
             ,
             as
             I
             have
             before
             set
             forth
             in
             the
             a
             5th
             chapter
             of
             this
             Book
             ,
             where
             I
             take
             my
             authority
             from
             an
             antient
             Record
             of
             the
             Tower
             in
             nature
             of
             a
             Libel
             ,
             intituled
             
               De
               superioritate
               maris
               Angliae
               ,
               &
               jure
               officii
               Admiralitatis
               in
               eodem
            
             ;
             as
             is
             in
             the
             same
             5th
             chapter
             exprest
             .
             The
             Record
             it self
             I
             was
             a
             long
             time
             since
             shewed
             by
             my
             old
             friend
             Mr.
             Collet
             ,
             who
             for
             a
             long
             time
             had
             the
             keeping
             of
             the
             Tower
             Records
             under
             several
             men
             ,
             unto
             whose
             care
             and
             custody
             the
             same
             were
             committed
             ;
             and
             afterwards
             I
             met
             with
             the
             
             same
             in
             Mr.
             Seldens
             Book
             ,
             b
             
               De
               Dominio
               maris
            
             ,
             which
             I
             had
             not
             before
             read
             over
             ;
             and
             after
             that
             I
             found
             the
             same
             set
             forth
             by
             c
             Sir
             
               Edward
               Coke
            
             in
             his
             Jurisdictions
             of
             Courts
             ;
             yet
             I
             will
             not
             send
             the
             Reader
             thither
             to
             seek
             it
             ,
             but
             for
             his
             readier
             perusal
             I
             shall
             again
             set
             forth
             the
             same
             here
             ,
             and
             therewith
             terminate
             and
             end
             this
             first
             Book
             of
             my
             Maritime
             Dicaeologie
             of
             England
             .
             The
             words
             of
             the
             Record
             are
             these
             .
          
           
             
               
                 
                   
                     A
                     vous
                     Seignieurs
                     Auditors
                     Deputes
                     per
                     le
                     Rois
                     de
                     Engliterre
                     ,
                     &
                     de
                     France
                     a
                     redresser
                     les
                     damages
                     faits
                     as
                     gents
                     de
                     tour
                     royalmes
                     &
                     des
                     auters
                     terres
                     subgits
                     a
                     lour
                     seignuries
                     per
                     mer
                     &
                     per
                     terre
                     entemps
                     depees
                     &
                     trewes
                     .
                     Monstrent
                     les
                     procorours
                     des
                     Prelats
                     &
                     Nobles
                     ,
                     &
                     del
                     Admiral
                     de
                     la
                     mier
                     d'Engliterre
                     ,
                     &
                     de
                     Cominaltes
                     des
                     Cities
                     &
                     des
                     Villes
                     ,
                     &
                     des
                     Merchants
                     ,
                     Mariners
                     ,
                     Messagiers
                     ,
                     &
                     Pelerins
                     ,
                     &
                     des
                     toutes
                     aultres
                     du
                     dit
                     Royalme
                     de
                     Angliterre
                     ,
                     &
                     des
                     aultres
                     terres
                     subgits
                     a
                     la
                     Seignurie
                     du
                     dit
                     Roy
                     d'Engliterre
                     ,
                     &
                     daillours
                     sicome
                     de
                     la
                     marine
                     de
                     Genue
                     ,
                     Cataloigne
                     ,
                     Espaigne
                     ,
                     Alemaigne
                     ,
                     Zeland
                     ,
                     Hayland
                     ,
                     Frise
                     ,
                     Dennemarch
                     ,
                     &
                     Norway
                     ,
                     &
                     de
                     plusours
                     aultres
                     lieux
                     del
                     Empier
                     ,
                     que
                     come
                     les
                     roys
                     d'Engliterre
                     per
                     raison
                     du
                     dit
                     Royalme
                     du
                     temps
                     dont
                     il
                     ny
                     ad
                     memoire
                     du
                     contrarie
                     eussent
                     este
                     en
                     paiceable
                     possession
                     de
                     la
                     Soveraigne
                     Seignurie
                     de
                     la
                     mier
                     d'Engliterre
                     &
                     des
                     Isles
                     esteaunts
                     enycele
                     per
                     ordinance
                     &
                     establicement
                     des
                     lois
                     ,
                     estatuts
                     ,
                     &
                     defenses
                     &
                     d'armes
                     &
                     des
                     vesseaux
                     autrement
                     garnies
                     que
                     vesseaux
                     de
                     merchandise
                     &
                     de
                     seuerte
                     prendre
                     &
                     sauve
                     de
                     gardes
                     doner
                     en
                     tous
                     cas
                     que
                     mestier
                     serra
                     &
                     par
                     ordinance
                     entre
                     tout
                     manere
                     des
                     gents
                     taunt
                     dautre
                     seignurie
                     come
                     de
                     lour
                     de
                     propre
                     de
                     tous
                     aultres
                     faitz
                     necessaries
                     a
                     la
                     garde
                     de
                     pees
                     droiture
                     &
                     equitie
                     par
                     elonques
                     passants
                     &
                     per
                     souveraigne
                     garde
                     &
                     toute
                     manere
                     de
                     conisance
                     &
                     justice
                     haulte
                     &
                     basse
                     sur
                     les
                     dites
                     lois
                     ,
                     estatuts
                     ,
                     ordinances
                     ,
                     &
                     defenses
                     ,
                     &
                     pur
                     toutes
                     autres
                     faits
                     queux
                     a
                     le
                     government
                     de
                     souveraigne
                     Seignurie
                     appertenir
                     purrentes
                     lieux
                     avandits
                     .
                     Et
                     A.
                     de
                     B.
                     Admiral
                     de
                     la
                     dit
                     mier
                     deputey
                     per
                     le
                     Roy
                     d'Engliterre
                     ,
                     &
                     tous
                     les
                     aultres
                     Admirals
                     par
                     mesme
                     celus
                     Roy
                     d'Engliterre
                     &
                     ces
                     Ancesters
                     iades
                     royes
                     d'Engliterre
                     eussent
                     est
                     en
                     paisiable
                     possession
                     de
                     la
                     dit
                     souveraigne
                     garde
                     ove
                     la
                     conisance
                     &
                     justice
                     &
                     touts
                     les
                     aultres
                     appurtenances
                     avant
                     ditz
                     forprise
                     en
                     case
                     dappele
                     &
                     de
                     querele
                     fait
                     de
                     euxa
                     lour
                     souveraignes
                     roys
                     d'Engliterre
                     de
                     defalte
                     de
                     droit
                     on
                     de
                     malvais
                     judgement
                     ,
                     &
                     especialment
                     pur
                     empechement
                     metre
                     &
                     justice
                     faire
                     seurte
                     prendre
                     de
                     la
                     pees
                     de
                     tout
                     manere
                     de
                     gents
                     usants
                     armes
                     en
                     la
                     dit
                     mier
                     ou
                     menans
                     niefs
                     aultrement
                     apparreilles
                     ou
                     garnies
                     que
                     nappertient
                     au
                     nief
                     de
                     marchants
                     ,
                     &
                     en
                     touts
                     aultres
                     points
                     en
                     queux
                     homme
                     poit
                     avoir
                     reasonable
                     cause
                     de
                     suspition
                     vers
                     eux
                     de
                     robbery
                     ,
                     ou
                     des
                     aultres
                     mes
                     faitz
                     .
                     Et
                     come
                     le
                     maistre
                     de
                     niefs
                     du
                     dit
                     roialme
                     d'Engliterre
                     en
                     absence
                     des
                     dits
                     Admirals
                     eussent
                     este
                     en
                     paisable
                     possession
                     de
                     conustre
                     &
                     juger
                     des
                     touts
                     faits
                     en
                     la
                     dite
                     mier
                     entre
                     touts
                     manere
                     de
                     gents
                     felone
                     les
                     lois
                     estatuts
                     &
                     les
                     defenses
                     ,
                     franchises
                     &
                     custumes
                     .
                  
                   
                   
                     Et
                     come
                     en
                     le
                     primer
                     article
                     de
                     lailliance
                     nadgaires
                     faite
                     entre
                     les
                     dites
                     Roys
                     en
                     les
                     traites
                     sur
                     le
                     darreine
                     pees
                     de
                     Paris
                     soient
                     comprises
                     les
                     paroles
                     que
                     sensident
                     en
                     une
                     sedide
                     annexe
                     a
                     yceste
                     .
                  
                   
                     Primerment
                     il
                     est
                     traite
                     &
                     accorde
                     entre
                     nous
                     &
                     les
                     messagers
                     &
                     les
                     procurours
                     de
                     surdiz
                     en
                     nom
                     des
                     dits
                     Rois
                     que
                     yceux
                     Roys
                     serront
                     lun
                     a
                     lautre
                     desores
                     en
                     avant
                     bons
                     ,
                     verrois
                     &
                     loyaux
                     antyes
                     &
                     eydans
                     countre
                     tout
                     homme
                     sauue
                     lesglise
                     de
                     Rome
                     en
                     tiels
                     manere
                     que
                     si
                     ascun
                     ou
                     plusours
                     quicunquez
                     ilz
                     fuissent
                     voloient
                     deponticer
                     ,
                     emphescher
                     ,
                     ou
                     troubler
                     les
                     dits
                     Roys
                     en
                     franchises
                     &
                     liberties
                     ,
                     priviledges
                     es
                     droits
                     ,
                     es
                     droitures
                     ,
                     ou
                     es
                     custumes
                     de
                     eux
                     &
                     de
                     lour
                     royalmes
                     quils
                     serront
                     bons
                     &
                     loyaux
                     amys
                     &
                     aydans
                     countre
                     toute
                     homme
                     que
                     puisse
                     venire
                     &
                     morir
                     a
                     defendre
                     ,
                     gardi
                     &
                     maint●ir
                     les
                     franchises
                     ,
                     les
                     liberties
                     ,
                     les
                     privileges
                     ,
                     les
                     droitz
                     ,
                     les
                     droitures
                     ,
                     &
                     les
                     custumes
                     de
                     susdites
                     ,
                     except
                     le
                     dit
                     Roy
                     d'Englitere
                     Monsieur
                     John
                     Duc
                     ele
                     Braban
                     en
                     Brabant
                     &
                     ses
                     heires
                     descendus
                     de
                     lui
                     &
                     de
                     la
                     fille
                     le
                     Roy
                     d'Englitere
                     ,
                     &
                     except
                     pur
                     le
                     dit
                     nostre
                     Seignior
                     le
                     Roy
                     de
                     France
                     excellent
                     Prince
                     Dupert
                     Roy
                     d'Alemaigne
                     ,
                     ses
                     heires
                     Roy
                     d'Alemaigne
                     ,
                     &
                     Monsieur
                     Johan
                     Counte
                     de
                     Henan
                     en
                     Henan
                     ,
                     &
                     que
                     lun
                     ne
                     serra
                     en
                     consaile
                     ne
                     en
                     aide
                     ou
                     lautre
                     perde
                     vie
                     ,
                     membre
                     ,
                     estate
                     ne
                     honour
                     temporel
                     .
                     Monsieur
                     
                       Reymer
                       Grimbald
                    
                     maistre
                     de
                     la
                     navie
                     du
                     dit
                     Roy
                     de
                     France
                     que
                     se
                     dit
                     estre
                     Admiral
                     de
                     la
                     dit
                     mier
                     deputey
                     person
                     Seignior
                     avant
                     dit
                     pur
                     sa
                     guerre
                     con●re
                     les
                     Flemings
                     apres
                     le
                     dite
                     alliance
                     faite
                     &
                     affirmee
                     contre
                     le
                     forme
                     &
                     la
                     force
                     de
                     mesme
                     lalliance
                     &
                     lintention
                     de
                     ceux
                     qui
                     la
                     firent
                     loffice
                     del
                     Admirall
                     en
                     la
                     dite
                     mier
                     d'Englitere
                     par
                     commission
                     du
                     dit
                     Roy
                     de
                     France
                     torseous
                     ement
                     emprist
                     &
                     usa
                     un
                     an
                     &
                     plus
                     en
                     pernant
                     le
                     gents
                     &
                     Merchants
                     du
                     roy
                     alme
                     d'Englitere
                     &
                     daillours
                     per
                     la
                     dite
                     mier
                     passaints
                     ovesque
                     lour
                     biens
                     &
                     les
                     gents
                     ainsi
                     prises
                     livera
                     a
                     la
                     prison
                     de
                     son
                     dit
                     Seigniour
                     le
                     Roy
                     de
                     France
                     lour
                     biens
                     &
                     marchandizes
                     a
                     les
                     resceivors
                     per
                     mesme
                     celvy
                     roy
                     de
                     France
                     a
                     ceo
                     deputey
                     en
                     les
                     ports
                     de
                     son
                     dit
                     royalme
                     come
                     a
                     luy
                     forfait
                     &
                     acquis
                     fist
                     amener
                     per
                     son
                     juggement
                     &
                     a
                     gard
                     ,
                     &
                     la
                     prise
                     &
                     detenue
                     des
                     dites
                     gents
                     ove
                     lour
                     dites
                     biens
                     &
                     marchandises
                     &
                     son
                     dit
                     juggement
                     ,
                     &
                     a
                     gard
                     sur
                     la
                     forfaiture
                     de
                     eaux
                     &
                     acquest
                     ait
                     justifie
                     devant
                     vous
                     Seigneurs
                     Auditors
                     en
                     escripts
                     per
                     my
                     lautoritie
                     de
                     sa
                     dite
                     commission
                     sur
                     l'Admiralte
                     avantdite
                     per
                     lui
                     ainsi
                     usurpe
                     &
                     per
                     une
                     defense
                     communement
                     fait
                     per
                     le
                     Roy
                     d'Englitere
                     per
                     my
                     son
                     poer
                     lelon●
                     la
                     forme
                     de
                     le
                     tiers
                     article
                     de
                     lalliance
                     avantdite
                     qui
                     contient
                     les
                     paroles
                     desusecripts
                     en
                     requerant
                     que
                     de
                     ceo●ill
                     en
                     fusse
                     quitz
                     &
                     absoluts
                     en
                     grand
                     damage
                     &
                     prejudice
                     du
                     dite
                     Roy
                     d'Englitere
                     &
                     des
                     Prelats
                     &
                     Nobles
                     &
                     aultres
                     desusnomes
                     .
                     Purquoy
                     les
                     dites
                     procurours
                     &
                     les
                     noms
                     de
                     lours
                     ditz
                     Seigniours
                     a
                     vous
                     Seigniours
                     Auditors
                     avantditz
                     pryent
                     que
                     deliverance
                     dewe
                     &
                     hastine
                     des
                     dites
                     gents
                     ovesque
                     lour
                     biens
                     &
                     marchandises
                     ainsi
                     prises
                     &
                     detenues
                     faicets
                     estre
                     fait
                     al
                     Admiral
                     du
                     dit
                     Roy
                     d'Englitere
                     a
                     qui
                     la
                     conisance
                     de
                     ceo
                     apertient
                     de
                     droit
                     sicome
                     dessus
                     est
                     dit
                     ,
                     ainsi
                     quils
                     sauns
                     disturbance
                     de
                     vous
                     &
                     d'
                     aultre
                     puisse
                     de
                     ceo
                     conoistre
                     &
                     
                     faire
                     ceo
                     que
                     apertient
                     a
                     son
                     office
                     avant
                     dit
                     .
                     Et
                     que
                     le
                     dit
                     Monsieur
                     Remeyr
                     soit
                     condempne
                     &
                     distreint
                     a
                     faire
                     due
                     satisfaction
                     a
                     touts
                     les
                     dits
                     damages
                     seavant
                     come
                     il
                     purra
                     suffire
                     &
                     en
                     sa
                     defalte
                     son
                     dit
                     Seignior
                     le
                     Roy
                     de
                     France
                     per
                     que
                     il
                     estoit
                     deputey
                     al
                     dit
                     office
                     ,
                     &
                     que
                     apres
                     dewe
                     satisfaction
                     faitz
                     as
                     dits
                     damages
                     le
                     did
                     Monsieur
                     Reymer
                     soit
                     si
                     duement
                     punis
                     par
                     le
                     blemissement
                     de
                     la
                     dite
                     alliance
                     ,
                     que
                     ia
                     punission
                     de
                     luy
                     soit
                     as
                     autres
                     example
                     par
                     temps
                     a
                     venir
                     .
                  
                
              
            
          
           
             
               
                 
                   
                     Item
                     in
                     alio
                     Rotulo
                     annexo
                     .
                  
                   
                     Item
                     ,
                     A
                     la
                     fin
                     que
                     venes
                     &
                     consideres
                     les
                     formes
                     des
                     proces
                     &
                     les
                     letters
                     ordenees
                     per
                     les
                     consaillers
                     le
                     Aiel
                     nostre
                     Seignior
                     le
                     Roy
                     ,
                     &c.
                     especialment
                     a
                     retinir
                     &
                     maintenir
                     la
                     souveraign
                     que
                     ses
                     dits
                     ancesters
                     Roys
                     d'Englitere
                     loloyent
                     avoir
                     en
                     la
                     dite
                     mier
                     ,
                     d'Englitere
                     quant
                     al
                     amendment
                     declaration
                     &
                     interpretation
                     des
                     loix
                     per
                     eux
                     faites
                     a
                     governer
                     touts
                     maneres
                     des
                     gents
                     passants
                     per
                     la
                     dite
                     mier
                     .
                     Et
                     Primerement
                     a
                     son
                     Admiral
                     &
                     as
                     Maisters
                     &
                     Mariners
                     des
                     niefs
                     de
                     Cync
                     ports
                     d'Englitere
                     ,
                     &
                     des
                     autres
                     terres
                     annexes
                     a
                     la
                     corone
                     d'Englitere
                     emendant
                     asa
                     armee
                     en
                     la
                     dite
                     mir
                     pur
                     retinir
                     &
                     maintenir
                     la
                     garde
                     des
                     lois
                     avantditz
                     ,
                     &
                     la
                     punission
                     de
                     touts
                     faitz
                     al
                     encountre
                     en
                     la
                     mier
                     susdite
                     .
                  
                
              
            
          
        
         
           Libri
           primi
           finis
           .
        
      
       
         
         
           THE
           MARITIME
           DICAEOLOGIE
           ,
           OR
           SEA-JURISDICTION
        
         
           THE
           SECOND
           BOOK
           .
        
         
           
             CHAP.
             I.
             
          
           
             That
             the
             Sea
             Jurisdiction
             and
             the
             Land
             Jurisdiction
             are
             ,
             and
             so
             necessarily
             must
             be
             ,
             two
             different
             and
             distinct
             Jurisdictions
             ,
             having
             no
             dependance
             each
             upon
             the
             other
             .
          
           
             ALthough
             the
             exact
             time
             of
             the
             beginning
             or
             first
             settlement
             of
             the
             Jurisdiction
             of
             the
             Admiralty
             Court
             here
             in
             England
             be
             not
             by
             me
             in
             the
             preceding
             book
             so
             clearly
             set
             forth
             as
             some
             might
             have
             expected
             ,
             yet
             is
             some
             foundation
             thereof
             deduced
             from
             such
             hight
             of
             Antiquity
             ,
             as
             that
             I
             cannot
             but
             hope
             that
             the
             Jurisdiction
             it self
             will
             for
             that
             cause
             ,
             and
             what
             shall
             be
             shewed
             in
             this
             ensuing
             Treatise
             ,
             deserve
             a
             continuance
             to
             posterity
             .
             And
             although
             in
             the
             precited
             antient
             Records
             ,
             we
             find
             not
             the
             same
             title
             of
             that
             Office
             observed
             ,
             and
             kept
             ,
             yet
             may
             we
             very
             well
             perceive
             the
             same
             Office
             to
             have
             been
             preserved
             ,
             exercised
             ,
             and
             executed
             ,
             though
             under
             several
             titles
             .
             And
             we
             find
             that
             in
             Edward
             the
             First
             's
             time
             (
             as
             plainly
             appears
             by
             the
             before
             quoted
             a
             Libel
             ,
             and
             other
             before
             cited
             Records
             )
             the
             same
             was
             exercised
             under
             the
             title
             of
             
               the
               Admiral
            
             :
             And
             doubtless
             that
             title
             was
             long
             before
             that
             time
             known
             to
             belong
             unto
             the
             chief
             Captain
             ,
             Commander
             ,
             or
             Keeper
             of
             the
             Fleets
             ,
             Ports
             ,
             and
             Seas
             ,
             and
             hath
             been
             so
             used
             by
             many
             other
             Nations
             in
             Europe
             .
             
             However
             the
             diversity
             of
             names
             neither
             extinguisheth
             the
             nature
             of
             the
             Office
             ,
             nor
             doth
             so
             much
             as
             make
             any
             distinction
             between
             the
             one
             and
             the
             other
             person
             so
             diversly
             named
             ,
             whilst
             they
             both
             bear
             one
             and
             the
             same
             signification
             .
          
           
             But
             here
             I
             shall
             proceed
             next
             to
             distinguish
             this
             Jurisdiction
             from
             the
             Land
             Jurisdiction
             ,
             and
             shew
             that
             the
             Land
             Jurisdiction
             and
             Sea
             Jurisdiction
             are
             (
             and
             must
             necessarily
             so
             be
             )
             two
             absolute
             ,
             different
             and
             distinct
             Jurisdictions
             ,
             having
             no
             dependency
             one
             upon
             the
             other
             .
          
           
             And
             first
             these
             two
             Jurisdictions
             are
             absolutely
             different
             and
             distinct
             in
             respect
             of
             the
             parties
             which
             exercise
             them
             ;
             the
             one
             being
             exercised
             in
             the
             active
             and
             directive
             part
             by
             the
             Admirals
             ,
             Captains
             ,
             and
             Governors
             of
             the
             Seas
             ,
             Sea-coasts
             ,
             Ports
             ,
             and
             Shipping
             ,
             which
             have
             all
             or
             most
             of
             them
             from
             antient
             times
             been
             
               Equites
               Aurati
            
             ,
             descended
             from
             Royal
             Bloud
             :
             Noble-men
             ,
             or
             descended
             from
             Nobility
             ,
             as
             b
             Sir
             
               Henry
               Spelman
            
             saith
             .
             The
             judicial
             part
             by
             the
             Judges
             of
             the
             High-Court
             of
             the
             Admiralty
             ,
             and
             Vice-Admirals
             Courts
             ,
             learned
             and
             well
             verst
             in
             the
             Civil
             and
             Maritime
             Laws
             ,
             
               juxta
               illud
               venerabilis
               ejusdem
            
             c
             Spelmanni
             
               verb.
               Admirallo
               Gollico
               pag.
               16.
               
               Nos
               enim
               ,
               &c.
               de
               quo
               vide
               supra
               cap.
               2.
               lib.
               1.
               sub
               fine
               .
            
             The
             other
             exercised
             by
             the
             learned
             Judges
             of
             the
             Land
             in
             the
             Courts
             at
             Westminster
             ,
             and
             within
             the
             Bodies
             of
             the
             several
             Counties
             of
             the
             Nation
             in
             their
             several
             Circuits
             ;
             the
             Judges
             of
             one
             Circuit
             having
             no
             authority
             or
             power
             over
             the
             other
             ,
             nor
             having
             any
             thing
             to
             do
             to
             intermeddle
             with
             the
             other
             in
             their
             Circuits
             .
          
           
             Secondly
             ,
             the
             Court
             of
             the
             Admiralty
             hath
             from
             antient
             times
             been
             styled
             
               Suprema
               Curia
               suae
               Majestatis
               Admiralitatis
            
             Angliae
             ;
             so
             that
             the
             same
             hath
             antiently
             been
             styled
             the
             Kings
             Court
             ,
             as
             well
             as
             his
             Courts
             at
             Westminster
             .
             But
             from
             the
             one
             Jurisdiction
             there
             lyeth
             an
             immediate
             appeal
             unto
             the
             supreme
             authority
             in
             Chancery
             ,
             which
             Court
             appointeth
             Judges
             Delegates
             by
             Commission
             under
             the
             Great
             Seal
             (
             upon
             the
             apprehension
             of
             an
             illegal
             sentence
             )
             who
             are
             assigned
             and
             appointed
             Judges
             for
             further
             hearing
             ,
             deciding
             ,
             and
             adjudging
             of
             the
             said
             sentence
             and
             cause
             of
             appeal
             ,
             according
             to
             the
             rules
             of
             the
             Civil
             Law.
             
          
           
             In
             the
             other
             there
             lies
             a
             Writ
             of
             Error
             from
             the
             Common-Pleas
             to
             the
             Kings-Bench
             ,
             and
             from
             that
             Bench
             to
             the
             Judges
             of
             all
             the
             three
             Benches
             in
             the
             Exchequer
             Chamber
             .
          
           
             The
             Appeal
             from
             the
             Admiralty
             is
             for
             the
             rectifying
             of
             the
             Sentence
             ,
             as
             well
             as
             of
             the
             proceedings
             ,
             which
             appeal
             the
             Forraigner
             must
             be
             allowed
             ,
             otherwise
             he
             will
             complain
             at
             home
             
             of
             injustice
             done
             here
             ,
             and
             so
             proceed
             to
             the
             course
             of
             obtaining
             Letters
             of
             Reprisal
             for
             his
             satisfaction
             ,
             whether
             the
             first
             sentenc
             was
             good
             or
             not
             ,
             upon
             this
             ground
             only
             ,
             that
             he
             had
             not
             the
             due
             course
             of
             Law
             allowed
             him
             ,
             for
             the
             tryal
             of
             that
             Sentence
             which
             was
             first
             given
             against
             him
             .
          
           
             The
             Writ
             of
             Error
             reverseth
             the
             Judgement
             ,
             though
             never
             so
             just
             ,
             if
             an
             error
             be
             found
             in
             the
             proceedings
             ;
             but
             reverseth
             not
             the
             Judgement
             ,
             though
             the
             same
             seem
             never
             so
             erroneous
             to
             him
             against
             whom
             it
             was
             given
             ,
             if
             no
             error
             be
             found
             in
             the
             proceedings
             .
          
           
             Thirdly
             ,
             they
             are
             absolutely
             different
             and
             distinct
             in
             regard
             of
             the
             different
             and
             distinct
             subjects
             the
             Judges
             of
             them
             do
             handle
             and
             are
             busied
             about
             ;
             they
             of
             the
             one
             being
             busied
             and
             occupied
             in
             the
             ordering
             and
             disposing
             of
             all
             businesses
             upon
             the
             Coasts
             and
             Havens
             of
             the
             Seas
             ,
             tending
             to
             the
             preservation
             of
             this
             Nation
             from
             forraign
             Invasion
             ,
             and
             keeping
             thereof
             in
             safety
             and
             quiet
             ;
             and
             in
             the
             building
             ,
             repairing
             ,
             tackling
             ,
             and
             furnishing
             ,
             or
             causing
             the
             building
             ,
             repairing
             ,
             tackling
             ,
             and
             furnishing
             of
             all
             manner
             or
             sorts
             of
             Ships
             ,
             Boats
             ,
             or
             Vessels
             whatsoever
             for
             that
             purpose
             ,
             and
             keeping
             the
             dominion
             over
             the
             British
             Seas
             ,
             and
             in
             the
             otherwise
             ordering
             and
             directing
             of
             all
             manner
             of
             Ships
             ,
             and
             Shipping
             ,
             and
             seafaring
             Men
             ,
             and
             all
             manner
             of
             Trading
             ,
             Merchandising
             ,
             Traffique
             ,
             and
             Commerce
             thereby
             ,
             or
             therewith
             :
             and
             in
             hearing
             ,
             deciding
             ,
             and
             adjudging
             all
             differences
             ,
             debates
             and
             controversies
             arising
             from
             things
             done
             ,
             or
             to
             be
             done
             at
             Sea
             ,
             or
             in
             any
             Port
             ,
             Harbour
             ,
             or
             Creek
             thereof
             ,
             either
             between
             the
             King
             or
             the
             Lord
             High-Admiral
             ,
             and
             any
             party
             ,
             or
             between
             party
             and
             party
             ,
             Forraigner
             or
             others
             ,
             whether
             Criminal
             or
             Civil
             .
          
           
             Those
             of
             the
             other
             Jurisdiction
             being
             employed
             in
             ordering
             of
             all
             things
             for
             the
             good
             peace
             and
             quiet
             of
             this
             Kingdome
             within
             self
             ,
             and
             in
             the
             hearing
             and
             determining
             of
             all
             offences
             ,
             debates
             and
             differences
             arising
             ,
             or
             growing
             from
             any
             thing
             done
             ,
             or
             to
             be
             done
             within
             the
             several
             bodies
             of
             the
             Counties
             thereof
             ,
             whether
             they
             be
             Criminal
             or
             Civil
             ,
             whether
             they
             concern
             Estates
             real
             or
             personal
             ;
             whether
             they
             be
             between
             the
             King
             ,
             and
             any
             other
             party
             ,
             or
             between
             party
             and
             party
             ,
             which
             are
             tryable
             by
             the
             said
             Law.
             
          
           
             Fourthly
             ,
             they
             are
             different
             and
             distinct
             ,
             in
             respect
             of
             the
             rules
             the
             Judges
             proceed
             unto
             judgement
             by
             ,
             those
             of
             the
             one
             Jurisdiction
             proceeding
             according
             to
             the
             rules
             of
             the
             Civil
             Law
             ,
             known
             and
             used
             by
             all
             or
             most
             Courts
             and
             Judicatures
             in
             Christendome
             .
          
           
           
             Those
             of
             the
             other
             proceeding
             according
             to
             Rules
             and
             Laws
             municipal
             ,
             known
             only
             unto
             themselves
             ,
             and
             such
             as
             are
             well
             skilled
             and
             verst
             in
             the
             same
             ,
             and
             are
             Inhabitants
             and
             Subjects
             of
             this
             Nation
             .
          
           
             To
             set
             forth
             the
             differences
             between
             these
             two
             Jurisdictions
             in
             their
             proceedings
             ,
             was
             to
             undertake
             the
             setting
             down
             of
             the
             whole
             proceedings
             in
             all
             several
             causes
             ,
             tryable
             both
             in
             the
             Admiralty
             ,
             and
             the
             Common-Law
             Courts
             ;
             the
             one
             of
             which
             (
             with
             some
             pains
             )
             I
             might
             very
             wel
             do
             ;
             but
             the
             other
             belongs
             not
             to
             me
             to
             undertake
             :
             yet
             so
             much
             I
             know
             of
             them
             ,
             as
             that
             I
             am
             sufficiently
             informed
             in
             my
             judgement
             ,
             that
             they
             are
             exceednigly
             different
             even
             in
             their
             proceedings
             .
          
           
             Fifthly
             ,
             they
             are
             different
             even
             in
             the
             Laws
             themselves
             ,
             whereby
             the
             Judges
             are
             guided
             to
             their
             determination
             ,
             and
             directed
             in
             their
             giving
             of
             judgement
             ;
             those
             of
             the
             one
             Jurisdiction
             determining
             according
             to
             those
             Civil
             Laws
             ,
             which
             are
             Maritime
             ,
             and
             still
             retained
             ,
             and
             kept
             in
             use
             in
             most
             Nations
             in
             Europe
             ,
             adjoyning
             thereunto
             those
             few
             and
             short
             Laws
             of
             Oleron
             ,
             with
             some
             other
             customary
             Laws
             of
             the
             Seas
             ,
             which
             are
             commonly
             accepted
             and
             known
             ,
             where
             such
             Judicatories
             are
             kept
             and
             held
             ;
             and
             are
             expresly
             declared
             and
             published
             by
             several
             Maritime
             Writers
             .
             Those
             of
             the
             other
             judging
             according
             to
             a
             municipal
             Law
             ,
             fitted
             ,
             prepared
             ,
             and
             composed
             only
             for
             Land
             affairs
             ,
             and
             indeed
             only
             for
             the
             Land
             affairs
             of
             this
             Kingdome
             by
             the
             advice
             of
             such
             as
             have
             had
             the
             best
             judgement
             in
             those
             Land
             affairs
             .
          
           
             And
             as
             these
             are
             different
             and
             distinct
             from
             the
             Civil
             and
             Maritime
             Laws
             ,
             which
             have
             been
             composed
             by
             the
             advice
             of
             such
             as
             have
             had
             frequent
             Traffique
             ,
             Trade
             ,
             and
             Commerce
             at
             sea
             ,
             and
             by
             that
             means
             have
             had
             best
             knowledge
             and
             judgement
             in
             sea
             affairs
             :
             So
             indeed
             in
             the
             same
             manner
             are
             the
             Civil
             Laws
             which
             have
             been
             composed
             and
             established
             in
             other
             Nations
             by
             such
             as
             have
             been
             of
             best
             experience
             in
             businesses
             of
             the
             Republique
             ,
             for
             the
             guiding
             and
             governance
             thereof
             distinguished
             and
             kept
             apart
             from
             those
             other
             Civil
             Laws
             which
             are
             Maritime
             .
             
          
           
             The
             absolute
             necessity
             of
             keeping
             these
             two
             Jurisdictions
             thus
             distinct
             one
             from
             the
             other
             ,
             you
             shall
             have
             fully
             set
             forth
             in
             the
             14.
             and
             15.
             chapters
             of
             this
             second
             Book
             ,
             wherein
             is
             shewed
             the
             use
             and
             practice
             of
             the
             Civil
             Law
             in
             most
             forraign
             Nations
             ,
             and
             that
             the
             same
             is
             absolutely
             necessary
             to
             be
             used
             and
             practised
             in
             all
             Admiralty
             Courts
             ,
             unto
             which
             two
             chapters
             I
             especially
             referre
             the
             Reader
             .
          
        
         
           
           
             CHAP.
             II.
             
          
           
             That
             the
             Jurisdiction
             of
             the
             Admiralty
             doth
             extend
             to
             all
             manner
             of
             Ships
             ,
             Shipping
             ,
             Seafaring
             and
             Sea-trading
             men
             .
          
           
             SEeing
             then
             that
             the
             Admiralty
             is
             a
             distinct
             Jurisdiction
             from
             the
             Land
             Jurisdiction
             ;
             in
             the
             next
             place
             the
             bounds
             and
             limits
             thereof
             are
             to
             be
             considered
             ,
             and
             those
             will
             best
             appear
             by
             the
             before
             mentioned
             Records
             ,
             of
             the
             Patents
             and
             grants
             of
             that
             Jurisdiction
             .
          
           
             First
             then
             ,
             that
             this
             Jurisdiction
             extendeth
             to
             all
             manner
             of
             Ships
             and
             Shipping
             ,
             (
             I
             conceive
             )
             will
             not
             be
             denyed
             ;
             for
             it
             is
             plain
             by
             the
             Records
             already
             quoted
             ,
             that
             the
             Kings
             had
             in
             those
             antient
             times
             their
             Admirals
             as
             well
             for
             the
             Northern
             Seas
             and
             Coasts
             as
             the
             Western
             ;
             yea
             ,
             and
             sometimes
             several
             Admirals
             for
             one
             of
             these
             Coasts
             ,
             as
             in
             the
             twentieth
             year
             of
             Edward
             the
             second
             ,
             quidam
             a
             
               habuerunt
               custodiam
               costerarum
               maris
               inter
            
             Toffe
             &
             Thaw
             ,
             
               &
               quidam
               aliarum
            
             ;
             and
             in
             the
             tenth
             year
             of
             the
             same
             Kings
             reign
             ,
             one
             W.
             〈…〉
             had
             the
             same
             power
             
               ab
               ore
               aquae
               Thamesis
               usque
            
             Ipswic
             .
             and
             
               Johannes
               de
               Thorpe
               ab
            
             Ipswic
             .
             usque
             Linn
             .
          
           
             Shall
             we
             think
             then
             that
             this
             King
             had
             in
             those
             times
             (
             when
             shipping
             was
             farre
             more
             scarce
             then
             it
             hath
             been
             since
             )
             in
             each
             of
             these
             Coasts
             ,
             and
             in
             every
             of
             these
             particular
             places
             within
             these
             Coasts
             (
             where
             he
             had
             
               Capitaneum
               &
               Admirallum
               flotae
               suae
            
             )
             a
             Fleet
             consisting
             of
             his
             own
             particular
             Ships
             ,
             which
             he
             called
             
               flota
               nostra
            
             ,
             which
             required
             a
             Captain
             and
             Admiral
             to
             govern
             them
             ?
             Certainly
             no
             ,
             but
             all
             Ships
             ,
             Boats
             and
             Vessels
             whatsoever
             belonging
             unto
             sea
             ,
             
               tam
               remiculi
               ,
               quàm
               corbitae
               sive
               gauli
               ;
               tam
               naves
               frumentariae
               sive
               onerariae
               ,
               quàm
               naves
               praesidiariae
               :
               tam
               Beucentauri
               ,
               quàm
               naves
               praetoriae
               sive
               Navarchae
               ,
               &c.
            
             were
             all
             comprehended
             under
             
               flota
               navium
            
             .
             And
             this
             is
             plain
             ,
             for
             that
             these
             Governors
             were
             sometimes
             stiled
             b
             
               Capitanei
               navigii
            
             ,
             as
             well
             as
             
               Capitanei
               &
               Admiralli
               flotae
               navium
            
             :
             And
             that
             navigium
             signifieth
             all
             manner
             of
             shipping
             ,
             I
             have
             already
             shewed
             .
             And
             likewise
             very
             many
             of
             the
             antient
             Patents
             expresly
             run
             
               flotae
               nostrae
               omnium
               navium
            
             ;
             I
             shall
             instance
             only
             in
             one
             or
             two
             ,
             as
             in
             that
             of
             the
             8
             Ed.
             3.
             which
             runneth
             thus
             :
             
               Rex
               omnibus
               ad
               quos
               ,
               &c.
               salutem
               ;
               Sciatis
               quod
               nos
               de
               fidelitate
               probatâ
               &
               circumspectione
               providâ
               dilecti
               &
               fidelis
               nostri
            
             Rogeri
             de
             Hengham
             
               plenariè
               confidentes
               ,
               constituimus
               ipsum
            
             Rogerum
             
               Capitaneum
               &
               
               Admirallum
               flotae
               nostrae
               omnium
               navium
               ,
               &c.
               tam
               quinque
               portuum
               quam
               aliorum
               portuum
               &
               locorum
               per
               costeram
               maris
               versus
               partes
               ,
               &c.
               
            
          
           
             
               And
               in
               that
               of
               the
               first
               of
            
             Edward
             
               the
               Third
               ,
               in
               these
               words
               ,
            
             Rex
             omnibus
             ad
             quos
             ,
             &c.
             salutem
             :
             Sciatis
             quod
             nos
             de
             circumspectione
             &
             fidelitate
             dilecti
             nobis
             
               Johannis
               Parbroun
            
             confidentes
             ,
             constituimus
             eum
             Capitaneum
             &
             Admirallum
             flotae
             nostrae
             omnium
             navium
             magnae
             Jernemouth
             ,
             &
             omnium
             aliorum
             locorum
             ,
             &c.
             per
             costeram
             maris
             versus
             partes
             Boreales
             quamdiu
             nobis
             placuerit
             ,
             &c.
             
          
           
             So
             that
             these
             who
             were
             Admirals
             of
             the
             Kings
             Fleet
             ,
             were
             Admirals
             of
             all
             Ports
             ,
             and
             Admirals
             of
             all
             Ships
             of
             all
             Ports
             .
          
           
             And
             as
             it
             extendeth
             to
             all
             manner
             of
             Shipping
             ,
             so
             doth
             it
             extend
             unto
             all
             manner
             of
             Shipmen
             :
             for
             to
             little
             purpose
             was
             it
             for
             the
             Admiral
             to
             have
             had
             power
             and
             authority
             over
             the
             wooden
             Vessels
             ,
             if
             they
             had
             not
             had
             power
             over
             all
             the
             Seamen
             and
             Mariners
             in
             them
             ,
             yea
             ,
             and
             over
             all
             others
             that
             belonged
             thereunto
             ,
             or
             had
             to
             do
             therewith
             ,
             or
             were
             skilled
             therein
             .
             For
             by
             almost
             all
             the
             beforecited
             Patents
             they
             had
             not
             only
             
               potestatem
               super
               omnes
               &
               singulos
               marinarios
               ,
            
             but
             also
             
               super
               omnes
               de
               flotâ
            
             ,
             of
             or
             belonging
             to
             the
             Fleet
             ,
             Navage
             ,
             Ships
             ,
             or
             Shipping
             ,
             as
             well
             the
             owners
             of
             them
             ,
             the
             Merchants
             and
             Traders
             with
             them
             ,
             and
             Imployers
             of
             them
             ,
             as
             the
             Mariners
             of
             what
             degree
             soever
             ,
             sailing
             in
             them
             ,
             or
             in
             any
             wise
             belonging
             to
             them
             ,
             
               tam
               mercatores
               &
               exercitores
               ,
               quàm
               proprietarios
               ;
               tam
               naucleros
               ,
               quàm
               helciarios
               ;
               tam
               gubernatores
               ,
               quàm
               diaturios
               ;
               tam
               proretas
               ,
               quàm
               mesonautas
               :
            
             and
             not
             only
             over
             these
             ,
             but
             also
             over
             all
             such
             as
             were
             imployed
             in
             their
             Art
             ,
             Trade
             ,
             or
             Occupation
             ,
             for
             and
             towards
             the
             building
             ,
             repairing
             ,
             fitting
             and
             furnishing
             of
             Ships
             for
             Navigation
             and
             setting
             them
             forth
             to
             sea
             ,
             as
             Ship-wrights
             ,
             Anchor-smiths
             ,
             Rope
             and
             Cable-makers
             ,
             and
             the
             like
             ,
             
               tam
               fabros
               anchorarios
               quàm
               naupegos
               ,
               prymnesia
               anchoralia
               ,
               retinacula
               puppis
               stupea
               ,
               &
               sunes
               nauticos
               ,
               tam
               venditores
               ,
               quàm
               fabricatores
               ,
               &c.
               
            
             All
             which
             were
             said
             to
             be
             
               de
               flota
               navium
            
             ,
             or
             
               de
               navigio
            
             ;
             of
             or
             belonging
             to
             the
             Fleet
             or
             Navage
             ;
             and
             were
             those
             
               o●●es
               alii
               de
               flotâ
            
             ,
             over
             whom
             the
             Admirals
             had
             command
             ,
             power
             ,
             and
             authority
             ,
             besides
             the
             Mariner
             ;
             as
             is
             set
             forth
             in
             the
             forementioned
             Records
             .
             And
             as
             it
             had
             been
             to
             little
             purpose
             for
             the
             Admiral
             to
             have
             had
             power
             over
             the
             Vessels
             ,
             and
             not
             over
             the
             Mariners
             and
             Seamen
             ,
             and
             others
             fit
             for
             that
             imployment
             ;
             so
             had
             it
             been
             to
             as
             little
             purpose
             ,
             if
             he
             had
             not
             had
             the
             same
             power
             over
             the
             Owners
             of
             them
             ,
             and
             the
             Merchants
             that
             employed
             them
             ,
             who
             otherwise
             would
             have
             either
             opposed
             his
             directing
             the
             use
             of
             them
             ,
             or
             his
             own
             using
             of
             them
             at
             all
             ,
             though
             for
             the
             service
             of
             the
             King
             ,
             and
             good
             of
             the
             Common
             wealth
             .
             And
             to
             
             as
             little
             purpose
             had
             this
             extent
             of
             his
             Jurisdiction
             been
             ,
             had
             he
             not
             had
             the
             command
             over
             all
             such
             as
             were
             most
             able
             and
             skilfull
             to
             fit
             and
             furnish
             them
             for
             service
             .
          
           
             And
             the
             constituting
             of
             a
             man
             
               Capitaneum
               &
               Admirallum
               Flotae
               navium
               ,
               Capitaneum
               navigii
               ,
               Custodem
               marinae
               ,
               Capitaneum
               nautarum
               &
               marinellorum
               ,
               &c.
            
             doth
             give
             a
             very
             great
             power
             not
             particularly
             specified
             in
             the
             Grant.
             
          
           
             For
             all
             men
             very
             well
             know
             ,
             that
             all
             Patents
             and
             Grants
             ,
             as
             well
             of
             Offices
             and
             Places
             ,
             as
             of
             Lands
             and
             other
             things
             ,
             did
             in
             antient
             times
             comprehend
             and
             contain
             in
             them
             very
             much
             ,
             in
             a
             very
             few
             lines
             and
             words
             ;
             and
             have
             been
             daily
             enlarged
             by
             particular
             expressions
             ,
             and
             singular
             specifications
             ,
             when
             as
             nothing
             more
             hath
             been
             granted
             ,
             then
             what
             was
             by
             general
             words
             granted
             before
             :
             And
             the
             reason
             hath
             been
             ,
             lest
             some
             particulars
             in
             process
             of
             time
             might
             be
             lost
             for
             want
             of
             continual
             use
             ,
             or
             drawn
             into
             question
             ,
             and
             cavilled
             against
             ,
             whether
             used
             or
             not
             used
             .
          
           
             Yet
             have
             I
             seldome
             met
             with
             any
             of
             these
             specifical
             Grants
             that
             do
             trust
             to
             such
             specification
             ,
             without
             the
             general
             addition
             ,
             
               &
               omnia
               alia
               pertinentia
            
             ,
             or
             the
             like
             ,
             lest
             in
             their
             particular
             specifications
             they
             should
             lose
             somewhat
             of
             that
             which
             was
             formerly
             granted
             in
             general
             words
             ,
             and
             by
             some
             perhaps
             observed
             ,
             and
             known
             to
             be
             appertinent
             ,
             and
             belonging
             unto
             the
             thing
             granted
             ,
             though
             for
             some
             time
             discontinued
             .
          
           
             We
             must
             not
             think
             therefore
             that
             by
             specifying
             particulars
             ,
             and
             stretching
             a
             conveyance
             of
             half
             a
             dozen
             lines
             into
             whole
             a
             skin
             of
             Parchment
             or
             more
             ,
             one
             foot
             of
             land
             is
             gained
             the
             more
             thereby
             :
             for
             if
             so
             ,
             I
             might
             very
             well
             conceive
             ,
             that
             the
             seller
             oftentimes
             might
             by
             that
             means
             sell
             more
             then
             his
             own
             .
             For
             I
             have
             often
             seen
             many
             more
             particulars
             specified
             in
             the
             Conveyance
             from
             the
             seller
             ,
             then
             were
             ever
             intended
             by
             the
             Conveyance
             to
             pass
             to
             the
             buyer
             ,
             or
             the
             seller
             had
             to
             sell
             .
             And
             indeed
             this
             enlarging
             of
             Conveyances
             and
             Grants
             is
             so
             usuall
             ,
             that
             a
             man
             might
             very
             well
             conceive
             (
             the
             Evidences
             being
             perused
             from
             the
             first
             to
             the
             last
             )
             that
             every
             alienation
             had
             begot
             an
             enlargement
             of
             the
             estate
             ,
             when
             nothing
             at
             all
             hath
             been
             added
             thereto
             .
          
           
             We
             must
             not
             think
             therefore
             ,
             that
             because
             there
             have
             been
             more
             particulars
             of
             the
             Admirals
             power
             and
             jurisdiction
             specified
             in
             the
             latter
             Grants
             ,
             and
             Patents
             ,
             then
             were
             in
             the
             former
             and
             more
             antient
             ;
             that
             therefore
             these
             latter
             Admirals
             have
             gained
             greater
             and
             larger
             power
             and
             jurisdiction
             then
             the
             former
             had
             .
          
           
             Nor
             certaily
             can
             any
             thing
             be
             gained
             by
             specifying
             particulars
             ;
             
             something
             may
             be
             saved
             ,
             and
             somewhat
             may
             be
             very
             well
             lost
             ,
             if
             
               &
               omnia
               alia
            
             save
             it
             not
             .
          
           
             I
             will
             not
             deny
             but
             that
             there
             may
             be
             ,
             and
             deyly
             are
             made
             unto
             Manors
             ,
             Lands
             ,
             and
             Tenements
             ,
             many
             additions
             ,
             whereby
             they
             are
             much
             encreased
             .
          
           
             And
             likewise
             to
             offices
             and
             other
             places
             ,
             both
             in
             extent
             of
             office
             ,
             and
             increase
             of
             fees
             ,
             or
             other
             profits
             :
             But
             these
             additions
             do
             ,
             and
             alwayes
             will
             appear
             by
             the
             Deeds
             of
             Conveyance
             ,
             Grants
             or
             Patents
             themselves
             ,
             and
             are
             distinguished
             from
             the
             antient
             Manors
             ,
             &c.
             and
             their
             appurtenances
             ;
             and
             from
             the
             antient
             offices
             and
             places
             ,
             their
             rights
             and
             profits
             ,
             by
             
               Et
               praeterea
            
             ,
             or
             
               ac
               etiam
            
             ,
             or
             
               ac
               similiter
               ,
               &c.
            
             
          
           
             And
             where
             there
             is
             an
             addition
             ,
             these
             words
             or
             the
             like
             always
             are
             ;
             but
             always
             where
             these
             words
             are
             ,
             there
             is
             not
             always
             an
             addition
             ;
             for
             they
             are
             sometimes
             used
             by
             way
             of
             specification
             ;
             and
             sometimes
             instead
             of
             an
             et
             ,
             between
             two
             specifications
             .
          
           
             Now
             in
             antient
             times
             ,
             the
             very
             constituting
             an
             Admiral
             ,
             Captain
             ,
             or
             Governour
             of
             the
             Fleet
             or
             Navage
             ,
             carried
             with
             it
             all
             the
             power
             and
             jurisdiction
             belonging
             unto
             that
             office
             or
             place
             ,
             without
             specifying
             any
             of
             the
             particulars
             ;
             and
             when
             any
             particular
             designe
             was
             in
             hand
             at
             the
             time
             of
             the
             constituting
             and
             making
             of
             the
             Captain
             or
             Admiral
             ,
             or
             whatsoever
             other
             title
             he
             bore
             (
             as
             often
             such
             designe
             at
             that
             time
             there
             was
             ,
             which
             caused
             the
             change
             of
             the
             Admiral
             )
             then
             was
             that
             particular
             power
             which
             belonged
             unto
             his
             office
             ,
             and
             concerned
             that
             designe
             ,
             specified
             either
             in
             the
             Mandate
             directed
             to
             all
             Sheriffs
             ,
             and
             other
             Ministers
             and
             Officers
             for
             their
             obedience
             unto
             him
             ,
             as
             Admiral
             ,
             Captain
             ,
             &c.
             but
             in
             such
             manner
             as
             sheweth
             that
             particular
             to
             be
             included
             amongst
             the
             many
             other
             particulars
             granted
             unto
             him
             by
             his
             Patent
             ,
             under
             the
             general
             words
             ,
             
               Constituimus
               dilectum
               &
               fidelem
            
             N.
             
               Capitaneum
               &
               Admirallum
               flotae
               navium
            
             ,
             or
             
               Capitaneum
               Navigii
               ,
               &c.
            
             or
             else
             that
             particular
             ,
             when
             any
             is
             specified
             in
             the
             body
             of
             the
             Patent
             with
             an
             
               ita
               quòd
               ,
               ut
               ita
               quòd
               potest
               hoc
               vel
               illud
               facere
            
             ;
             which
             plainly
             sheweth
             that
             that
             same
             particular
             was
             before
             amongst
             others
             granted
             in
             the
             preceding
             general
             words
             .
             I
             shall
             here
             set
             down
             only
             one
             example
             of
             each
             .
             King
             Edward
             the
             Second
             in
             the
             tenth
             year
             of
             his
             Reign
             ,
             grants
             a
             Patent
             of
             this
             Office
             to
             
               John-de
               Athy
            
             under
             these
             general
             words
             .
          
           
             Rex
             omnibus
             ad
             quos
             ,
             &c.
             salutem
             :
             Sciatis
             c
             quòd
             constituimus
             dilectum
             &
             fidelem
             nostrum
             
               Johannem
               de
               Athy
            
             Capitaneum
             Navigii
             ad
             partes
             Hiberniae
             ,
             &c.
             quamdiu
             nostrae
             placuerit
             voluntati
             ,
             in
             cujus
             ,
             &c.
             
             Teste
             Rege
             apud
             Claringdon
             28
             die
             Martii
             per
             brev
             .
             de
             privato
             sigillo
             .
          
           
           
             And
             he
             giveth
             this
             Mandate
             upon
             the
             constituting
             of
             him
             ,
             
               
                 Et
                 d
                 mandatum
                 est
                 Vicecomitibus
                 ,
                 Ballivis
                 ,
                 Ministris
                 ,
                 &
                 omnibus
                 fidelibus
                 Regis
                 Marinariis
                 ,
                 &
                 aliis
                 ad
                 quos
                 ,
                 &c.
                 quôd
                 eidem
                 Johanni
                 ,
                 tanquam
                 Capitaneo
                 navigii
                 praedicti
                 ,
                 in
                 omnibus
                 ,
                 quae
                 ad
                 salvam
                 &
                 securam
                 custodiam
                 terrarum
                 praedictarum
                 pertinent
                 ,
                 consulentes
                 sint
                 ,
                 intendentes
                 &
                 auxiliantes
                 ,
                 quotiens
                 opus
                 fuerit
                 ,
                 &
                 per
                 ipsum
                 Johannem
                 fuerint
                 super
                 hoc
                 ex
                 parte
                 Regis
                 praemoniti
                 .
                 T.
                 ut
                 supra
                 per
                 brev
                 .
                 de
                 privato
                 sigillo
                 .
              
            
          
           
             And
             having
             given
             this
             Command
             in
             general
             to
             all
             Officers
             ,
             
               
                 quod
                 in
                 omnibus
                 consulentes
                 sint
                 ,
                 intendentes
                 &
                 auxiliantes
              
               ;
            
             yet
             lest
             they
             might
             perhaps
             not
             understand
             one
             particular
             of
             extraordinary
             great
             power
             to
             be
             comprehended
             in
             the
             Admirals
             Patent
             under
             these
             general
             words
             ,
             
               constituimus
               Capitaneum
               Navigii
            
             ,
             by
             another
             Mandate
             he
             declareth
             that
             he
             had
             made
             him
             Captain
             of
             the
             Navage
             ,
             and
             thereby
             given
             him
             this
             power
             ;
             and
             these
             are
             the
             words
             of
             the
             Mandate
             .
          
           
             
               
                 
                   
                     
                       Rex
                    
                     
                       
                         omibus
                         Ballivis
                         ,
                         Ministris
                         ,
                         fidelibus
                         suis
                         ,
                         ad
                         quos
                         ,
                         &c.
                         salutem
                         .
                      
                       e
                    
                  
                   
                     
                       Cum
                       constituerimus
                       dilectum
                       &
                       fidelem
                       nostrum
                       
                         Johannem
                         de
                         Athy
                      
                       Capitaneum
                       navigii
                       ad
                       partes
                       Hiberniae
                       ,
                       &c.
                       dedimus
                       ei
                       potestatem
                       ad
                       eligendum
                       homines
                       sufficientes
                       ,
                       ad
                       arma
                       potentes
                       ,
                       prout
                       sibi
                       viderit
                       expedire
                       ad
                       morandum
                       secum
                       in
                       navigio
                       praedicto
                       pro
                       defensione
                       &
                       salvatione
                       terrarum
                       praedictarum
                       ,
                       &
                       ad
                       puniendum
                       illos
                       ,
                       quos
                       in
                       hâc
                       parte
                       contrarios
                       invenerit
                       ,
                       &
                       rebelles
                       ;
                       &
                       ideo
                       vobis
                       ,
                       &
                       cuilibet
                       vestrum
                       firmiter
                       injungendo
                       mandamus
                       ,
                       quod
                       eidem
                       Johanni
                       in
                       praemissis
                       omnibus
                       &
                       singulis
                       intendentes
                       sitis
                       &
                       auxiliantes
                       ,
                       quotiens
                       &
                       quando
                       per
                       ipsum
                       super
                       hoc
                       fueritis
                       ex
                       parte
                       nostrâ
                       .
                       praemoniti
                       .
                    
                  
                   
                     
                       
                         T.
                         ut
                         supra
                         per
                         breve
                         de
                         privato
                         sigillo
                         .
                      
                    
                  
                
              
            
          
           
             Now
             by
             the
             repetition
             of
             the
             Patent
             it self
             here
             ,
             wherein
             not
             one
             word
             of
             this
             particular
             is
             exprest
             ,
             and
             by
             these
             words
             ,
             
               dedimus
               potestatem
               ,
               &c.
            
             we
             have
             given
             him
             power
             ,
             is
             plainly
             set
             forth
             and
             shewed
             ,
             that
             this
             particular
             amongst
             others
             was
             granted
             under
             those
             words
             ,
             
               Constituimus
               Capitaneum
               Navigii
            
             .
             But
             I
             shall
             proceed
             to
             another
             example
             ,
             where
             another
             particular
             is
             specified
             in
             the
             body
             of
             the
             Grant
             ,
             with
             an
             
               ita
               quod
            
             ,
             after
             the
             Constitution
             it self
             ,
             which
             likewise
             sheweth
             that
             that
             particular
             was
             comprehended
             in
             the
             very
             constitution
             ,
             and
             granted
             before
             in
             the
             general
             words
             :
             And
             this
             is
             a
             Patent
             granted
             in
             the
             22
             year
             of
             Edward
             the
             First
             ,
             which
             followeth
             in
             these
             words
             .
          
           
             
               
                 
                   
                     Rex
                     ,
                     &c.
                     f
                     universis
                     &
                     singulis
                     Vicecomitibus
                     ,
                     Ballivis
                     ,
                     Ministris
                     ,
                     &
                     fidelibus
                     suis
                     ,
                     ad
                     quos
                     ,
                     &c.
                     salutem
                     :
                     Sciatis
                     quòd
                     constituimus
                     dilectum
                     &
                     fidelum
                     nostrum
                     
                       Willielmum
                       Leybourne
                    
                     Capitaneum
                     nautarum
                     &
                     marinellorum
                     nostrorum
                     ,
                     quinque
                     portuum
                     &
                     membrornm
                     eorundem
                     ,
                     &
                     similiter
                     
                       Jernemouth
                       ,
                       Bayon
                       ,
                       Hiberniae
                       ,
                       Walliae
                       ,
                    
                     &
                     omnium
                     aliorum
                     portuum
                     ,
                     &
                     locorum
                     ,
                     in
                     quibus
                     naves
                     sive
                     battelli
                     applicant
                     infra
                     regnum
                     &
                     
                     potestatem
                     nostram
                     .
                     Et
                     etiam
                     militum
                     &
                     aliorum
                     fidelium
                     nostrorum
                     quicum
                     ipso
                     per
                     praeceptum
                     nostrum
                     in
                     flota
                     navium
                     ,
                     ipsorum
                     nautarum
                     &
                     marinellorum
                     per
                     partes
                     maritimas
                     ,
                     &
                     costeras
                     maris
                     contra
                     inimicos
                     nostros
                     sunt
                     profecturi
                     .
                     Ita
                     quòd
                     idem
                     Capitaneus
                     per
                     se
                     &
                     alios
                     ,
                     quos
                     per
                     literas
                     suas
                     patentes
                     sigillo
                     suo
                     signatas
                     ,
                     assignare
                     ,
                     deputare
                     ,
                     destinare
                     voluerit
                     ,
                     capere
                     possint
                     ,
                     &
                     secum
                     ducere
                     homines
                     idoneos
                     &
                     potentes
                     ad
                     arma
                     ,
                     naves
                     ,
                     bargeas
                     &
                     battallas
                     ,
                     victualia
                     &
                     alia
                     quae
                     ad
                     expeditionem
                     eorundem
                     necessaria
                     fuerint
                     ,
                     &
                     etiam
                     quòd
                     capere
                     possint
                     armaturas
                     per
                     visum
                     dicti
                     Capitanei
                     ,
                     ab
                     illis
                     a
                     quibus
                     idem
                     Capitaneus
                     eas
                     viderit
                     capiendas
                     ,
                     dum
                     tamen
                     hujusmodi
                     victualibus
                     &
                     aliis
                     necessariis
                     ,
                     quae
                     ad
                     eorum
                     ,
                     Capitanei
                     nautarum
                     &
                     marinellorum
                     sustentationem
                     sic
                     capita
                     fuerint
                     ,
                     satisfacient
                     illis
                     a
                     quibus
                     ea
                     ceperint
                     ,
                     juxta
                     rationabile
                     pretium
                     eorundem
                     ,
                     &
                     de
                     armaturis
                     similiter
                     ,
                     vel
                     sufficientem
                     securitatem
                     inveniant
                     de
                     ipsis
                     armaturis
                     restituendis
                     .
                     Et
                     ideo
                     vobis
                     omnibus
                     &
                     singulis
                     mandamus
                     ,
                     &
                     in
                     fide
                     quà
                     nobis
                     tenemini
                     praecipimus
                     firmiter
                     injungentes
                     ,
                     quòd
                     praedicto
                     willielmo
                     tanquam
                     Capitaneo
                     praedictorum
                     nautarum
                     ,
                     &
                     marinellorum
                     ,
                     militum
                     &
                     alorum
                     praedictorum
                     ,
                     &
                     aliis
                     quos
                     idem
                     Willielmus
                     per
                     literas
                     suas
                     patentes
                     assignaverit
                     &
                     destinaverit
                     ,
                     sicut
                     praedictum
                     est
                     ,
                     in
                     praemissis
                     omnibus
                     &
                     singulis
                     ,
                     sitis
                     intendentes
                     ,
                     respondentes
                     ,
                     auxiliantes
                     ,
                     &
                     obedientes
                     ,
                     prout
                     vobis
                     scire
                     faciet
                     ex
                     parte
                     nostrâ
                     In
                     cujus
                     ,
                     &c.
                     bas
                     literas
                     nostras
                     fieri
                     fecimus
                     patentes
                     quamdiu
                     nobis
                     placuerit
                     duraturas
                     .
                     T.
                     R.
                     apud
                     
                       Westm
                       .
                       7
                       Junii
                    
                     .
                  
                   
                     Et
                     g
                     mandatum
                     est
                     Vicecomiti
                     Northumbriae
                     quòd
                     praedicto
                     Willielmo
                     tanquam
                     Capitaneo
                     praedictorum
                     nautarum
                     ,
                     marinellorum
                     ,
                     militum
                     &
                     aliorum
                     praedictorum
                     &
                     aliis
                     quos
                     idem
                     Willielmus
                     per
                     literas
                     patentes
                     suas
                     assignaverit
                     &
                     designaverit
                     ,
                     sicut
                     praedictum
                     est
                     ,
                     in
                     praemissis
                     omnibus
                     &
                     singulis
                     ,
                     sit
                     intendens
                     ,
                     respondens
                     ,
                     auxilians
                     &
                     obediens
                     ,
                     prout
                     eidem
                     Vicecomiti
                     scire
                     faciet
                     ex
                     parte
                     Regis
                     .
                  
                   
                     
                       T.
                       R.
                       apud
                       Westm
                       .
                       
                         8.
                         die
                         Junii
                         .
                      
                    
                     
                       Eodem
                       modo
                       mandatum
                       est
                       .
                       
                         
                           Vicecom
                           .
                           Ebor.
                           
                        
                         
                           Vicecom
                           .
                           Lincoln
                           .
                        
                         
                           Vicecom
                           .
                           Norfol.
                           &
                           Suffol
                           .
                        
                         
                           Vicecom
                           .
                           Essex
                           .
                        
                         
                           Vicecom
                           .
                           Cant.
                           
                        
                         
                           Vicecom
                           .
                           Sussex
                           .
                        
                         
                           Vicecom
                           .
                           Southampton
                           .
                        
                         
                           Vicecom
                           .
                           Somers
                           .
                           &
                           Dorcest
                           .
                        
                         
                           Vicecom
                           .
                           Devon.
                           
                        
                         
                           Vicecom
                           .
                           Cornub.
                           
                        
                         
                           Vicecom
                           .
                           Gloucest
                           .
                        
                         
                           Vicecom
                           .
                           Lancast
                           .
                        
                         
                           Roberto
                           de
                           Tybotot
                           Justic
                           .
                           West-wall
                           .
                           vel
                           ejus
                           locum
                           tenenti
                           .
                        
                         
                           Roberto
                           de
                           Staundon
                           Justic
                           .
                           North-Wall
                           .
                           et
                           ejus
                           locum
                           tenenti
                           .
                        
                         
                           Reginaldo
                           de
                           Grey
                           Justiciario
                           Cestren
                           ,
                           et
                           ejus
                           locum
                           tenenti
                           .
                        
                      
                    
                  
                
              
            
          
           
             The
             Record
             sets
             forth
             first
             the
             Grant
             in
             general
             ,
             which
             is
             comprised
             in
             the
             former
             words
             thereof
             ,
             
               viz.
               Constituimus
               ▪
            
             Willielmum
             Leybourne
             
               Capitaneum
               nautarum
               et
               marinellorum
               nostrorum
               ,
               militum
               ,
               &c.
               
            
          
           
           
             Then
             it
             is
             declaratorie
             ,
             and
             specifieth
             some
             particulars
             of
             his
             power
             ,
             which
             are
             comprehended
             under
             those
             general
             words
             of
             the
             Grant
             ,
             which
             being
             not
             often
             used
             or
             put
             in
             execution
             ,
             might
             cause
             some
             to
             doubt
             whether
             ever
             they
             have
             been
             used
             at
             all
             or
             not
             ;
             and
             so
             to
             question
             whether
             such
             particulars
             were
             comprehended
             in
             the
             Grant
             by
             those
             general
             words
             or
             not
             ,
             being
             things
             of
             so
             great
             and
             high
             authority
             and
             power
             :
             Therefore
             are
             these
             words
             
               ita
               quòd
            
             inserted
             ,
             which
             do
             not
             import
             the
             concession
             of
             any
             further
             power
             or
             authority
             then
             what
             was
             granted
             before
             :
             but
             in
             all
             manner
             of
             reading
             they
             intimate
             that
             by
             the
             consequent
             words
             is
             understood
             or
             shewed
             either
             some
             inherent
             or
             adherent
             power
             ,
             property
             ,
             or
             quality
             ,
             which
             is
             comprehended
             under
             the
             precedent
             words
             .
          
           
             It
             rests
             then
             that
             these
             specifical
             words
             inserted
             in
             this
             Patent
             ,
             are
             only
             declaratory
             ,
             that
             such
             power
             and
             authority
             doth
             belong
             unto
             that
             great
             Officer
             and
             Governor
             of
             the
             Seas
             ,
             by
             virtue
             of
             such
             his
             Office
             :
             for
             though
             first
             the
             imployment
             begets
             the
             Officer
             ,
             and
             so
             consequently
             the
             Office
             ;
             yet
             when
             it
             is
             become
             an
             Office
             ,
             the
             very
             constituting
             of
             the
             Officer
             ,
             and
             granting
             of
             that
             Office
             ,
             is
             the
             granting
             of
             all
             the
             imployment
             that
             hath
             belonged
             thereunto
             .
          
           
             These
             last
             cited
             Records
             do
             manifest
             the
             great
             power
             and
             authority
             which
             the
             great
             Officers
             of
             the
             Seas
             had
             ,
             and
             hath
             over
             all
             manner
             of
             Shipping
             ,
             Ships
             ,
             Boats
             ,
             and
             Barges
             whatsoever
             ,
             within
             the
             limits
             of
             his
             Jurisdiction
             ,
             and
             over
             all
             manner
             of
             men
             ,
             ammunition
             ,
             victual
             ,
             tackle
             ,
             and
             furniture
             thereunto
             belonging
             ;
             and
             the
             power
             and
             authority
             he
             had
             and
             hath
             over
             all
             Sheriffs
             ,
             Bailiffs
             ,
             and
             other
             ministerial
             Officers
             ,
             who
             were
             and
             are
             to
             be
             attendant
             ,
             aiding
             ,
             assisting
             ,
             and
             obedient
             unto
             his
             and
             his
             Deputies
             Commands
             ,
             in
             the
             execution
             of
             the
             Office
             ,
             of
             so
             great
             power
             and
             trust
             ;
             yea
             ,
             and
             they
             were
             and
             are
             to
             be
             so
             attendant
             ,
             and
             obedient
             ,
             in
             regard
             and
             respect
             of
             the
             Office
             it self
             ;
             for
             the
             Records
             do
             run
             with
             an
             
               ideo
               ,
               therefore
            
             :
             As
             Constituimus
             N.
             
               Capitaneum
               &
               Admirallum
               ,
               &c.
               vel
               similiter
               :
               Ideo
               vobis
               mandamus
               ,
               &c.
               quod
               praedicto
            
             N.
             
               Capitaneo
               ,
               &c.
               in
               omnibus
               et
               singulis
               sitis
               intendentes
               ,
               &c.
               
            
          
           
             The
             Governor
             of
             the
             Seas
             having
             then
             with
             the
             assistance
             and
             obedience
             of
             these
             other
             Officers
             ,
             had
             so
             strong
             a
             power
             ,
             and
             full
             authority
             and
             jurisdiction
             from
             the
             King
             himself
             ,
             over
             all
             these
             things
             :
             who
             else
             could
             have
             any
             thing
             to
             do
             therewith
             ,
             or
             with
             any
             differences
             ,
             debates
             ,
             controversies
             ,
             or
             whatsoever
             else
             arising
             from
             ,
             or
             concerning
             the
             same
             ?
          
        
         
           
           
             CHAP.
             III.
             
          
           
             That
             the
             Ports
             and
             Havens
             ,
             and
             Creeks
             of
             the
             Sea
             ,
             are
             within
             the
             jurisdiction
             of
             the
             Admiralty
             .
          
           
             IT
             is
             affirmed
             by
             some
             ,
             whereof
             that
             most
             famous
             Lawyer
             Sir
             
               Edward
               Coke
            
             is
             one
             ,
             that
             the
             Ports
             ,
             Creeks
             ,
             and
             Havens
             of
             the
             Sea
             ,
             are
             within
             the
             bodies
             of
             the
             Counties
             ,
             and
             are
             not
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             .
             His
             bare
             assertion
             in
             his
             own
             learning
             may
             (
             I
             confesse
             )
             very
             well
             pass
             for
             authority
             ;
             but
             in
             the
             decision
             of
             this
             matter
             ,
             between
             that
             Jurisdiction
             he
             himself
             exercised
             according
             to
             the
             municipal
             Laws
             of
             this
             Nation
             ,
             and
             whereof
             he
             himself
             was
             a
             Professor
             ,
             and
             a
             Judge
             ;
             and
             that
             other
             Jurisdiction
             exercised
             by
             a
             Professor
             of
             another
             Law
             so
             distinct
             and
             different
             from
             his
             ,
             viz
             the
             Civil
             and
             Maritime
             Laws
             ;
             he
             hath
             in
             my
             judgement
             ,
             shewn
             himself
             extremely
             partial
             ,
             and
             much
             different
             in
             opinion
             from
             some
             others
             which
             sate
             in
             his
             place
             before
             him
             ,
             as
             I
             shall
             plainly
             shew
             hereafter
             :
             And
             I
             must
             confess
             it
             sounds
             very
             strangely
             in
             my
             ears
             ,
             to
             hear
             that
             which
             hath
             ever
             since
             the
             Sea
             was
             called
             the
             Sea
             ,
             been
             called
             an
             arme
             of
             the
             Sea
             ,
             now
             called
             an
             arme
             of
             the
             Land
             ,
             or
             an
             arme
             of
             a
             County
             ,
             or
             the
             part
             of
             the
             body
             of
             a
             County
             ;
             much
             less
             then
             will
             it
             sink
             into
             my
             understanding
             how
             it
             comes
             to
             be
             in
             the
             body
             or
             heart
             of
             a
             County
             ,
             when
             for
             the
             most
             part
             it
             separateth
             one
             County
             from
             another
             .
             But
             it
             hath
             been
             an
             antient
             assertion
             and
             observation
             ,
             that
             where
             any
             land
             or
             ground
             is
             gained
             from
             the
             sea
             in
             one
             part
             ,
             or
             on
             one
             side
             thereof
             ,
             the
             sea
             doth
             gain
             as
             much
             upon
             the
             land
             in
             some
             other
             part
             ,
             or
             on
             the
             other
             side
             thereof
             :
             And
             so
             it
             seems
             the
             sea
             hath
             gained
             upon
             the
             land
             of
             all
             or
             most
             other
             Nations
             on
             the
             other
             side
             ,
             and
             beyond
             the
             seas
             ,
             insomuch
             that
             their
             Admiralties
             swell
             ,
             and
             the
             sweetness
             of
             that
             gain
             and
             profit
             they
             reap
             by
             Sea-trade
             and
             Commerce
             with
             other
             Nations
             ,
             hath
             caused
             them
             to
             add
             daily
             new
             priviledges
             thereunto
             ,
             rather
             then
             to
             diminish
             or
             take
             away
             any
             of
             the
             old
             .
             And
             England
             instead
             of
             what
             the
             sea
             hath
             gained
             upon
             the
             land
             of
             other
             Nations
             ,
             hath
             gained
             upon
             the
             sea
             ;
             and
             being
             less
             considerate
             or
             carefull
             of
             the
             commodity
             and
             gain
             the
             Sea-trade
             and
             Traffique
             bringeth
             it
             in
             ,
             had
             once
             well-nigh
             quite
             destroyed
             that
             antient
             Jurisdiction
             ,
             which
             is
             not
             yet
             quiet
             ,
             but
             continually
             spurned
             and
             kickt
             at
             :
             for
             put
             all
             that
             together
             which
             Sir
             
               Edward
               Coke
            
             would
             prove
             ,
             and
             some
             that
             have
             followed
             him
             would
             approve
             ,
             
             and
             they
             would
             leave
             the
             Admiralty
             very
             liitle
             or
             no
             Jurisdiction
             at
             all
             ,
             and
             but
             little
             more
             then
             a
             bare
             and
             naked
             title
             ,
             as
             shall
             hereafter
             be
             shewed
             .
          
           
             And
             it
             would
             have
             sounded
             as
             strangely
             to
             me
             to
             have
             heard
             of
             ships
             lying
             and
             riding
             at
             Anchor
             within
             the
             body
             of
             a
             County
             ,
             but
             that
             I
             have
             heretofore
             often
             heard
             of
             their
             often
             riding
             and
             lying
             at
             Anchor
             in
             
               Parochiâ
               Sanctae
            
             Mariae
             de
             Bow
             
               in
               Wardâ
               de
            
             Cheap
             .
          
           
             The
             Arguments
             that
             are
             by
             him
             used
             for
             the
             proof
             of
             this
             particular
             ,
             that
             the
             Ports
             and
             Havens
             are
             within
             the
             bodies
             of
             Counties
             ,
             are
             confounded
             with
             those
             whereby
             he
             endeavoureth
             to
             prove
             the
             Admiralty
             to
             have
             no
             Jurisdiction
             within
             those
             Ports
             ,
             Havens
             and
             Creeks
             ;
             and
             what
             is
             used
             for
             the
             proof
             of
             the
             one
             ,
             is
             used
             for
             the
             proof
             the
             other
             ,
             and
             will
             come
             to
             be
             considered
             altogether
             .
             Yet
             when
             he
             hath
             used
             all
             his
             arguments
             to
             prove
             these
             his
             assertions
             ,
             out
             of
             his
             ingenuity
             confesseth
             the
             antiquity
             of
             this
             Jurisdiction
             to
             be
             fetched
             from
             far
             more
             antient
             times
             ,
             then
             the
             reign
             of
             a
             Edward
             the
             Third
             ,
             in
             whose
             dayes
             (
             as
             saith
             )
             some
             have
             dreamed
             it
             began
             .
             And
             for
             proof
             hereof
             he
             sets
             down
             word
             for
             word
             (
             as
             he
             saith
             )
             the
             Libel
             ,
             (
             which
             I
             have
             before
             quoted
             out
             of
             the
             Tower
             Roll
             ,
             and
             is
             likewise
             quoted
             by
             Mr.
             Selden
             )
             of
             Edward
             the
             Firsts
             time
             .
          
           
             And
             after
             that
             ,
             b
             to
             shew
             that
             of
             antient
             times
             there
             were
             several
             Admirals
             ,
             for
             that
             (
             as
             he
             affirmeth
             )
             the
             wisdome
             of
             those
             dayes
             would
             not
             trust
             one
             man
             with
             so
             great
             a
             charge
             ,
             nor
             any
             man
             to
             have
             a
             certain
             estate
             in
             an
             Office
             of
             so
             great
             trust
             ,
             he
             sets
             forth
             several
             of
             those
             Records
             which
             I
             have
             cited
             before
             out
             of
             the
             Tower
             Rolls
             ,
             for
             proof
             of
             the
             antiquity
             of
             that
             Jurisdiction
             ,
             none
             of
             them
             serving
             at
             all
             to
             his
             former
             purpose
             ,
             but
             some
             of
             them
             may
             very
             well
             serve
             against
             it
             ;
             as
             that
             of
             the
             15th
             year
             of
             Henry
             the
             Third
             ;
             which
             he
             setteth
             forth
             thus
             .
          
           
             
               Petrus
               Ryvale
            
             Capitaneus
             Pictaniae
             habet
             ad
             totam
             vitam
             suam
             custodiam
             omnium
             portuum
             ,
             &
             totius
             costerae
             marinae
             Angliae
             ,
             excepto
             portu
             de
             Dover
             ,
             qui
             est
             in
             custodiâ
             c
             
               Huberti
               de
               Burgo
            
             .
          
           
             So
             that
             he
             reckoneth
             this
             man
             amongst
             the
             Admirals
             ,
             (
             as
             indeed
             he
             could
             do
             no
             less
             ,
             he
             having
             that
             office
             and
             place
             )
             and
             he
             doth
             acknowledge
             ,
             that
             by
             his
             Patent
             he
             had
             ,
             
               custodiam
               omnium
               portuum
               &
               totius
               costerae
               marinae
               .
            
             Now
             to
             have
             
               custodiam
               portuum
            
             ,
             and
             to
             have
             no
             Jurisdiction
             or
             power
             in
             portibus
             ,
             can
             in
             no
             mans
             judgement
             seem
             less
             then
             a
             plain
             contradiction
             .
          
           
             And
             in
             like
             manner
             he
             quoteth
             another
             of
             the
             25th
             of
             Edward
             the
             First
             to
             the
             very
             same
             purpose
             ,
             which
             runneth
             thus
             .
          
           
           
             Johannes
             Botetort
             ,
             
               custos
               Regis
               portuum
               maritimorum
               ,
               versus
               partes
            
             d
             Boreales
             ,
             25
             Marrii
             .
             Now
             will
             any
             man
             say
             that
             
               John
               Botetort
            
             was
             the
             Kings
             Keeper
             of
             his
             Maritime
             Ports
             ,
             and
             yet
             averre
             that
             they
             are
             no
             part
             of
             his
             Jurisdiction
             ,
             or
             affirme
             that
             he
             had
             nothing
             to
             do
             therein
             or
             therewith
             ?
             Surely
             they
             be
             called
             
               portus
               maritimi
            
             ,
             which
             are
             Ports
             belonging
             to
             the
             Sea
             ,
             and
             Ports
             so
             far
             from
             being
             within
             the
             bodies
             of
             Counties
             ,
             that
             they
             do
             not
             so
             much
             as
             belong
             thereunto
             ;
             they
             are
             
               portus
               maritimi
            
             ,
             Ports
             of
             the
             Sea
             ,
             or
             belonging
             to
             the
             Sea
             ,
             or
             which
             warranteth
             our
             vulgar
             language
             ,
             the
             Sea-ports
             ,
             and
             are
             not
             part
             of
             either
             Land
             or
             County
             ,
             or
             of
             or
             belonging
             thereunto
             ,
             and
             are
             absolutely
             and
             properly
             the
             Homogeneal
             parts
             of
             that
             
               Homogeneum
               totum
            
             ,
             the
             Sea
             ,
             and
             and
             no
             Heterogeneal
             parts
             of
             the
             Land
             ,
             as
             the
             fresh
             water
             Rivers
             springing
             out
             of
             the
             land
             ,
             and
             contained
             in
             the
             bodies
             of
             the
             Counties
             thereof
             ,
             are
             .
          
           
             He
             instanceth
             in
             another
             Record
             of
             the
             10th
             of
             Edward
             the
             Second
             (
             as
             he
             saith
             )
             but
             indeed
             is
             the
             19th
             ,
             which
             he
             setteth
             forth
             in
             these
             words
             .
          
           
             
               Nicholaus
               Kyriell
            
             e
             constituitur
             Admirallus
             flotae
             omnium
             navium
             ,
             &c.
             tam
             quinque
             portuum
             ,
             quàm
             aliorum
             portuum
             &
             locorum
             per
             costeram
             maris
             versus
             partes
             Occidentales
             ,
             quamdiù
             Regi
             placuerit
             .
             Teste
             Rege
             apud
             Turr.
             
               London
               8.
               
               Decembris
            
             .
          
           
             And
             another
             of
             the
             first
             of
             Edward
             the
             Third
             ,
             which
             runneth
             thus
             .
          
           
             
               Warrosius
               de
               Valloignes
            
             constituitur
             Capitaneus
             &
             Admirallus
             flotae
             navium
             ,
             &c.
             tam
             quinque
             portuum
             ,
             quàm
             aliorum
             portuum
             &
             locorum
             ,
             per
             costeram
             maris
             versus
             partes
             f
             Occidentales
             ,
             quamdiù
             ,
             &c
             ut
             supra
             .
          
           
             The
             two
             former
             Records
             were
             ,
             one
             of
             them
             in
             the
             Reign
             of
             King
             Henry
             the
             Third
             ,
             the
             other
             in
             the
             Reign
             of
             Edward
             the
             First
             ;
             and
             these
             two
             are
             one
             of
             them
             in
             the
             Reign
             of
             Edward
             the
             Second
             ,
             and
             the
             other
             in
             the
             first
             year
             of
             Edward
             the
             Third
             :
             And
             indeed
             most
             of
             the
             Records
             which
             are
             in
             the
             Reign
             of
             these
             four
             Kings
             ,
             (
             
               viz.
               Henry
            
             the
             Third
             ,
             and
             the
             3
             Edwards
             )
             which
             concern
             the
             grant
             of
             this
             great
             Office
             ,
             are
             of
             the
             same
             nature
             with
             these
             four
             ,
             and
             run
             in
             such
             like
             ,
             or
             in
             the
             very
             same
             words
             with
             these
             but
             more
             especially
             ,
             and
             most
             frequently
             agreeable
             to
             these
             two
             last
             ;
             and
             so
             do
             most
             of
             those
             g
             Grants
             which
             were
             in
             Henry
             the
             Fourths
             time
             ,
             as
             may
             appear
             where
             I
             have
             set
             them
             down
             in
             order
             .
          
           
             And
             these
             may
             bear
             a
             double
             construction
             ,
             and
             two
             several
             sences
             and
             meanings
             ,
             but
             not
             so
             different
             but
             that
             the
             best
             of
             them
             that
             can
             be
             made
             for
             the
             Quoter
             of
             them
             will
             serve
             to
             confute
             and
             destroy
             his
             new-set-up
             opinion
             and
             assertion
             .
          
           
           
             Take
             this
             construction
             first
             ,
             and
             read
             them
             in
             this
             sence
             ,
             
               Constituitur
               Capitaneus
               &
               Admirallus
               flotae
               omnium
               navium
               ,
               &c.
               
               Capitaneus
               &
               Admirallus
               tam
               quinque
               portuum
               quàm
               aliorum
               portuum
               ,
               &
               Capitaneus
               &
               Admirallus
               omnium
               aliorum
               locorum
               per
               costeram
               maris
               :
            
             That
             he
             is
             Captain
             and
             Admiral
             of
             the
             Fleet
             of
             all
             Ships
             ;
             Captain
             and
             Admiral
             as
             well
             of
             the
             Cinque
             Ports
             ,
             as
             of
             all
             other
             Ports
             ,
             and
             Captain
             and
             Admiral
             of
             all
             other
             places
             by
             the
             Sea-coasts
             towards
             the
             Western
             parts
             .
          
           
             And
             the
             first
             two
             Records
             of
             these
             four
             by
             him
             cited
             for
             concordancy
             and
             agreement
             sake
             ,
             do
             warrant
             this
             construction
             ;
             and
             that
             the
             same
             may
             be
             made
             of
             the
             words
             ,
             as
             without
             any
             incongruity
             or
             trespass
             at
             all
             upon
             Priscian
             ,
             so
             without
             any
             falsehood
             at
             all
             of
             the
             matter
             :
             For
             the
             first
             two
             Records
             ,
             the
             one
             giving
             the
             Admiral
             
               Custodiam
               omnium
               portuum
               &
               totius
               costerae
               maris
               :
            
             And
             the
             other
             making
             him
             
               Custodem
               Regis
               portuum
               maritimorum
            
             ,
             do
             warrant
             the
             truth
             thereof
             :
             And
             then
             are
             these
             two
             last
             a
             confirmation
             of
             the
             two
             first
             ,
             and
             argue
             the
             same
             thing
             ,
             besides
             what
             else
             may
             be
             gathered
             out
             of
             them
             ,
             against
             the
             truth
             of
             that
             assertion
             .
             For
             certainly
             he
             that
             had
             
               Custodiam
               portuum
            
             ,
             and
             was
             
               Custos
               Regis
               portuum
            
             ,
             had
             the
             rule
             ,
             governance
             and
             ordering
             of
             all
             things
             in
             or
             belonging
             unto
             those
             Ports
             ,
             and
             that
             by
             way
             of
             Judicature
             ,
             according
             to
             the
             Civil
             and
             Maritime
             Laws
             :
             for
             it
             's
             plain
             by
             the
             Libel
             ,
             Sir
             
               Edward
               Coke
            
             himself
             hath
             set
             down
             which
             I
             formerly
             quoted
             ,
             h
             that
             these
             Admirals
             in
             these
             times
             had
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             
               Jurisdictionem
               sive
               potestatem
               audiendi
               &
               determinandi
               causas
               secundum
               jus
               ,
            
             as
             I
             have
             said
             i
             before
             ;
             or
             take
             the
             words
             as
             they
             run
             in
             the
             Patents
             themselves
             ,
             
               viz.
               Rex
               omnibus
               ad
               quos
               ,
               &c.
               salutem
               .
               Sciatis
               quod
               nos
               de
               fidelitate
               probatâ
               &
               circumspectione
               providâ
               dilecti
               &
               fidelis
               nostri
            
             N.
             
               plenariè
               confidentes
               ,
               constituimus
               ipsum
            
             N.
             
               Capitaneum
               &
               Admirallum
               flotae
               nostrae
               ,
               omnium
               navium
               ,
               &c.
               tam
               quinque
               portuum
               quàm
               aliorum
               portuum
               &
               locorum
               per
               costeram
               maris
               versus
               partes
               ,
               &c.
               
            
             And
             afford
             them
             what
             construction
             can
             possibly
             be
             strained
             out
             of
             them
             to
             save
             this
             assertion
             harmless
             ,
             yet
             will
             it
             thereby
             be
             scattered
             and
             torn
             all
             to
             pieces
             .
          
           
             Take
             it
             then
             in
             this
             construction
             ,
             viz.
             We
             make
             him
             Captain
             and
             Admiral
             of
             our
             Fleet
             of
             all
             Ships
             of
             all
             Ports
             ,
             as
             of
             or
             belonging
             to
             all
             Ports
             ,
             &c.
             
             Will
             any
             man
             say
             that
             he
             that
             is
             Admiral
             of
             all
             these
             Ships
             ,
             that
             belong
             unto
             these
             Ports
             ,
             is
             not
             Admiral
             of
             them
             ,
             whilest
             they
             lye
             or
             ride
             at
             Anchor
             within
             those
             Ports
             ,
             and
             are
             not
             riding
             
               super
               alto
               mari
            
             ?
             and
             that
             he
             hath
             not
             the
             rule
             ,
             governance
             ,
             and
             command
             over
             them
             whilst
             they
             lie
             there
             ?
             If
             so
             ,
             let
             him
             say
             likewise
             he
             hath
             no
             power
             ,
             governance
             ,
             or
             command
             
             
             
             
             
             over
             them
             untill
             he
             find
             or
             take
             them
             upon
             the
             main
             sea
             ,
             which
             Ships
             he
             never
             took
             out
             of
             any
             of
             those
             Ports
             or
             any
             other
             .
          
           
             The
             Admiral
             therefore
             must
             have
             jurisdiction
             and
             power
             upon
             the
             Creeks
             ,
             Ports
             and
             Havens
             ,
             or
             else
             his
             power
             at
             sea
             will
             come
             to
             little
             or
             nothing
             .
             I
             shall
             give
             you
             here
             but
             one
             instance
             which
             will
             shew
             the
             necessity
             of
             his
             having
             jurisdiction
             upon
             the
             Ports
             and
             Havens
             as
             well
             as
             upon
             the
             high
             seas
             .
          
           
             If
             one
             Ship
             shall
             do
             damage
             to
             another
             either
             upon
             the
             main
             Sea
             ,
             or
             upon
             any
             Creek
             ,
             Port
             ,
             or
             Haven
             ,
             the
             damages
             must
             be
             sued
             for
             in
             the
             Admiralty
             Court
             ,
             and
             judgement
             given
             according
             to
             the
             Maritime
             Laws
             ,
             which
             prescribe
             every
             Ship
             her
             rule
             ,
             how
             to
             steer
             her
             course
             ,
             both
             going
             out
             to
             Sea
             ,
             or
             coming
             home
             from
             Sea
             ,
             or
             riding
             at
             Sea
             ;
             which
             plainly
             demonstrateth
             which
             Ship
             was
             in
             fault
             ,
             by
             which
             the
             Judgement
             must
             be
             regulated
             ,
             for
             which
             the
             Common
             Law
             hath
             no
             rules
             at
             all
             ,
             nor
             can
             any
             action
             properly
             by
             the
             rules
             thereof
             be
             commenced
             at
             that
             Law
             for
             these
             damages
             :
             For
             that
             the
             Owners
             damnified
             can
             very
             hardly
             arrest
             all
             the
             Owners
             of
             the
             other
             Ship
             which
             did
             the
             damage
             :
             nor
             indeed
             can
             any
             of
             those
             Owners
             by
             that
             Law
             ,
             as
             I
             have
             been
             by
             some
             of
             the
             learned
             of
             that
             profession
             informed
             ,
             be
             lyable
             to
             such
             arrest
             ,
             but
             the
             Master
             only
             ;
             who
             ,
             if
             solvent
             ,
             will
             not
             come
             on
             shore
             ,
             but
             take
             his
             imployment
             in
             some
             other
             Ship
             outward
             bound
             ;
             if
             not
             solvent
             ,
             the
             arrest
             will
             be
             to
             little
             purpose
             :
             so
             that
             the
             remedy
             lyeth
             only
             against
             the
             Ship
             by
             the
             Civil
             and
             Maritime
             Laws
             ,
             according
             to
             the
             course
             thereof
             ,
             which
             proceedeth
             in
             cases
             of
             this
             nature
             by
             way
             of
             several
             defaults
             ,
             &c.
             which
             either
             will
             bring
             in
             the
             Owners
             to
             answer
             the
             Action
             ,
             or
             make
             the
             Ship
             lyable
             to
             make
             satisfaction
             for
             the
             damage
             done
             ,
             in
             so
             much
             as
             she
             is
             worth
             ;
             which
             course
             of
             proceedings
             the
             Common
             Law
             hath
             not
             .
          
        
         
           
           
             CHAP.
             IV.
             
          
           
             The
             Arguments
             deduced
             out
             of
             the
             Statute
             Law
             ,
             to
             prove
             the
             Ports
             ,
             Havens
             ,
             and
             Creeks
             of
             the
             Sea
             ,
             to
             be
             within
             the
             bodies
             of
             Counties
             ,
             and
             not
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             redargued
             .
          
           
             HAd
             this
             been
             but
             a
             bare
             assertion
             ,
             that
             the
             Ports
             ,
             Havens
             and
             Creeks
             of
             the
             Sea
             are
             within
             the
             bodies
             of
             Counties
             ,
             and
             not
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             more
             needed
             not
             (
             I
             conceive
             )
             have
             been
             said
             then
             what
             hath
             been
             already
             said
             ,
             in
             the
             former
             chapter
             :
             But
             the
             Arguments
             that
             are
             used
             for
             proof
             thereof
             ,
             will
             necessarily
             require
             a
             farre
             larger
             discourse
             for
             answer
             thereunto
             ,
             and
             further
             confirmation
             of
             the
             contrary
             .
             For
             here
             I
             am
             to
             encounter
             a
             great
             Antagonist
             ,
             the
             forementioned
             Sir
             
               Edward
               Coke
            
             ,
             sometime
             Lord
             chief
             Justice
             of
             the
             Kings
             Bench
             ,
             a
             man
             most
             famous
             for
             his
             knowledge
             and
             pains
             in
             the
             Laws
             of
             this
             Nation
             ,
             whose
             memory
             undoubtedly
             is
             still
             not
             undeservedly
             honoured
             :
             yet
             though
             my
             encounter
             be
             upon
             this
             disadvantage
             ,
             I
             doubt
             not
             but
             to
             give
             satisfaction
             to
             a
             Judge
             indifferent
             between
             both
             Jurisdictions
             and
             Professions
             ,
             as
             well
             in
             this
             point
             ,
             as
             in
             some
             other
             things
             by
             him
             asserted
             .
          
           
             For
             the
             proof
             of
             this
             point
             ,
             he
             first
             asserteth
             the
             Statute
             of
             the
             fifth
             of
             a
             
               Elizabeth
               ,
               cap.
            
             5.
             which
             (
             saith
             he
             )
             describeth
             particularly
             the
             limits
             of
             the
             Lord
             Admirals
             Jurisdiction
             ,
             in
             these
             words
             :
             All
             and
             every
             such
             of
             the
             said
             offences
             before
             mentioned
             ,
             as
             hereafter
             shall
             be
             done
             on
             the
             main
             Sea
             ,
             or
             coasts
             of
             the
             Sea
             ,
             being
             no
             part
             of
             the
             body
             of
             any
             County
             of
             this
             Nation
             ,
             and
             without
             the
             Precinct
             ,
             Jurisdiction
             and
             Liberty
             of
             the
             Cinque-ports
             ,
             or
             without
             any
             Haven
             ,
             or
             Pear
             ,
             shall
             be
             tryed
             and
             determined
             before
             the
             Lord
             Admiral
             ,
             &c.
             
             So
             as
             (
             saith
             he
             )
             by
             the
             judgement
             of
             the
             whole
             Parliament
             ,
             the
             Jurisdiction
             of
             the
             Lord
             Admiral
             is
             wholly
             confined
             to
             the
             main
             Sea
             ,
             or
             Coasts
             of
             the
             Sea
             ,
             being
             no
             parcel
             of
             the
             body
             of
             any
             County
             of
             this
             Nation
             .
          
           
             In
             answer
             hereunto
             ,
             I
             do
             deny
             that
             these
             words
             in
             this
             Statute
             do
             prescribe
             particularly
             the
             limits
             of
             the
             Lord
             Admirals
             Jurisdiction
             ,
             if
             he
             mean
             his
             whole
             Jurisdiction
             in
             general
             :
             but
             I
             will
             confess
             they
             do
             prescribe
             him
             certain
             limits
             ,
             quoad
             the
             increase
             of
             his
             Jurisdiction
             ,
             by
             making
             the
             particular
             acts
             before
             
             mentioned
             in
             the
             Statute
             ,
             to
             be
             offences
             ,
             and
             punishable
             ,
             and
             do
             declare
             that
             his
             ,
             and
             the
             Warden
             of
             the
             Cinque-ports
             Jurisdiction
             upon
             the
             main
             Sea
             ,
             shall
             be
             increased
             ,
             by
             having
             granted
             unto
             them
             the
             cognizance
             of
             such
             of
             the
             before
             mentioned
             offences
             ,
             as
             should
             be
             committed
             thereupon
             ,
             and
             do
             restrain
             his
             Jurisdiction
             within
             the
             Ports
             and
             Havens
             to
             what
             formerly
             it
             had
             ,
             without
             having
             any
             increase
             thereof
             by
             the
             Cognizance
             of
             such
             the
             before
             mentioned
             offences
             ,
             as
             should
             be
             committed
             thereupon
             ;
             and
             this
             appeareth
             plainly
             out
             of
             the
             words
             by
             himself
             recited
             ,
             viz.
             All
             and
             every
             such
             of
             the
             said
             offences
             before
             mentioned
             shall
             be
             triable
             thus
             and
             thus
             ,
             not
             having
             any
             relation
             unto
             any
             offences
             ,
             or
             causes
             triable
             ,
             either
             before
             the
             Admiral
             ,
             or
             cognoscible
             by
             any
             other
             Judge
             .
          
           
             And
             indeed
             if
             we
             look
             backward
             to
             those
             offences
             before
             mentioned
             in
             the
             Statute
             ,
             which
             can
             be
             committed
             in
             or
             about
             the
             Havens
             or
             Ports
             ,
             we
             shall
             find
             that
             they
             are
             not
             of
             the
             nature
             of
             such
             Civil
             and
             Maritime
             causes
             ,
             or
             offences
             ,
             as
             are
             subject
             unto
             that
             Jurisdiction
             of
             the
             Admiralty
             .
             The
             particulars
             are
             these
             .
          
           
             1.
             
             That
             any
             Subject
             may
             carry
             Sea-fish
             forth
             of
             the
             Realm
             in
             any
             of
             the
             Queens
             Subjects
             Ships
             ,
             without
             paying
             Custome
             .
          
           
             Now
             we
             know
             very
             well
             that
             the
             paying
             of
             Custome
             in
             every
             Port
             Town
             belongeth
             to
             a
             peculiar
             Office
             for
             that
             purpose
             ,
             and
             the
             Admiral
             neither
             doth
             ,
             nor
             did
             for
             many
             years
             meddle
             therewith
             .
          
           
             2.
             
             That
             no
             person
             in
             any
             Port
             ,
             City
             ,
             Town
             ,
             Market
             ,
             or
             other
             place
             ,
             shall
             set
             price
             ,
             make
             restraint
             ,
             take
             or
             demand
             Toll
             ,
             or
             Tax
             of
             any
             Sea-fish
             to
             be
             brought
             into
             this
             Nation
             ,
             being
             taken
             and
             brought
             in
             in
             Subjects
             Ships
             .
          
           
             Here
             Port
             is
             taken
             for
             the
             Port-town
             ,
             or
             Haven-town
             :
             for
             the
             prising
             ,
             taxing
             ,
             and
             tolling
             of
             Commodities
             is
             done
             upon
             the
             land
             ,
             after
             the
             goods
             are
             unladen
             ,
             and
             not
             whilest
             they
             are
             aboard
             the
             Ship
             or
             Vessel
             ,
             and
             therein
             so
             stowed
             ,
             as
             that
             they
             can
             neither
             be
             numbred
             ,
             weighed
             ,
             nor
             viewed
             .
             And
             the
             Port
             Town
             is
             here
             only
             collectively
             named
             with
             other
             Cities
             ,
             Towns
             ,
             Markets
             ,
             and
             Places
             ,
             (
             as
             appeareth
             plainly
             by
             the
             words
             of
             the
             Statute
             ,
             as
             they
             run
             together
             )
             to
             include
             all
             sorts
             of
             Towns
             ;
             nor
             doth
             ,
             or
             ever
             did
             the
             Admiral
             any
             more
             meddle
             with
             the
             prising
             ,
             taxing
             ,
             or
             tolling
             of
             Commodities
             within
             any
             such
             Towns
             ,
             more
             then
             he
             doth
             or
             did
             with
             the
             Customes
             thereof
             .
          
           
             3.
             
             That
             no
             Pourveyors
             should
             take
             any
             Sea-fish
             ,
             brought
             in
             such
             Ships
             ,
             under
             the
             forfeiture
             of
             the
             double
             value
             .
          
           
           
             4.
             
             That
             no
             man
             shall
             buy
             of
             any
             Stranger
             ,
             or
             out
             of
             any
             Strangers
             Bottom
             any
             Herring
             ,
             or
             other
             Sea-fish
             not
             salted
             ,
             packed
             or
             casked
             ,
             under
             pain
             of
             the
             forfeiture
             of
             the
             fish
             so
             bought
             ,
             or
             the
             value
             thereof
             .
          
           
             5.
             
             That
             no
             Wares
             may
             be
             carried
             from
             any
             Port
             of
             this
             Realm
             to
             another
             .
          
           
             6.
             
             That
             all
             Codd
             and
             Lings
             be
             brought
             into
             this
             Realm
             loose
             ,
             and
             not
             in
             barrels
             .
          
           
             7.
             
             That
             no
             Wine
             be
             brought
             forth
             of
             France
             ,
             nor
             any
             Wood
             brought
             into
             England
             but
             in
             English
             bottoms
             ,
             all
             under
             pain
             of
             forfeiture
             :
             And
             being
             so
             ,
             they
             are
             by
             this
             Statute
             become
             to
             be
             of
             the
             nature
             of
             prohibited
             Commodities
             ;
             for
             discovery
             whereof
             ,
             there
             be
             in
             all
             Ports
             certain
             Searchers
             appointed
             which
             bring
             the
             same
             under
             forfeiture
             ;
             and
             the
             Admiral
             deals
             not
             therewith
             ,
             but
             only
             with
             such
             prohibited
             Commodities
             as
             are
             prohibited
             to
             be
             transported
             beyond
             the
             seas
             ,
             and
             are
             
               de
               facto
            
             so
             transported
             ,
             having
             escaped
             the
             Searchers
             hands
             .
             And
             in
             such
             cases
             the
             Admiralty
             hath
             the
             power
             of
             punishing
             such
             as
             have
             so
             offended
             ;
             for
             that
             the
             fact
             cannot
             be
             made
             appear
             but
             by
             examination
             thereof
             by
             way
             of
             Commission
             out
             of
             the
             Admiralty
             in
             the
             place
             where
             the
             said
             goods
             were
             unladen
             and
             landed
             .
          
           
             The
             restraint
             therefore
             upon
             the
             Admiral
             and
             Warden
             of
             the
             Cinque-ports
             by
             this
             Statute
             in
             these
             cases
             ,
             is
             ,
             lest
             they
             ,
             having
             Jurisdiction
             as
             well
             upon
             the
             Havens
             and
             Ports
             of
             the
             sea
             ,
             being
             parts
             and
             members
             thereof
             ,
             as
             upon
             the
             main
             sea
             ,
             should
             
               ampliare
               jurisdictionem
            
             ,
             and
             take
             the
             cognizance
             of
             these
             things
             to
             their
             Courts
             ,
             and
             abridge
             the
             Customers
             and
             searchers
             of
             that
             power
             which
             belongeth
             unto
             their
             offices
             and
             places
             .
          
           
             And
             indeed
             this
             restraint
             in
             this
             Statute
             upon
             the
             Lord
             Admiral
             ,
             the
             Judge
             of
             the
             Admiralty
             Court
             ,
             and
             their
             Surrogates
             ,
             and
             upon
             the
             Lord
             Warden
             of
             the
             Cinque-ports
             and
             his
             Lieutenants
             ,
             is
             a
             strong
             argument
             that
             in
             other
             matters
             they
             have
             full
             power
             ,
             governance
             ,
             and
             cognizance
             upon
             the
             Ports
             and
             Havens
             as
             well
             as
             upon
             the
             main
             sea
             ;
             otherwise
             needed
             not
             these
             particular
             offences
             to
             have
             been
             excepted
             from
             their
             power
             and
             cognizance
             there
             :
             and
             this
             exception
             of
             these
             particulars
             from
             their
             cognizance
             there
             ,
             concludeth
             other
             things
             in
             general
             there
             done
             to
             belong
             thereunto
             :
             For
             
               quicquid
               accipitur
               in
               particulari
               ,
               praesumitur
               esse
               in
               generali
               :
            
             The
             Admirals
             cognizance
             upon
             the
             Ports
             and
             Havens
             is
             by
             this
             Statute
             excepted
             from
             these
             particular
             offences
             there
             done
             ,
             and
             is
             therefore
             presumed
             to
             be
             full
             in
             other
             general
             offences
             thereupon
             committed
             ,
             and
             not
             otherwise
             excepted
             therefrom
             .
             And
             
             other
             rules
             there
             be
             that
             confirme
             this
             Argument
             ,
             as
             that
             ,
             
               Id
               à
               quo
               fit
               exceptio
               ,
               fit
               universale
               ,
               ut
               possit
               distribui
               :
            
             These
             particular
             offences
             are
             excepted
             from
             the
             Admirals
             cognizance
             upon
             the
             Ports
             and
             Havens
             :
             and
             therefore
             his
             cognizance
             there
             must
             be
             universal
             ;
             so
             that
             from
             that
             universal
             cognizance
             there
             ,
             these
             particulars
             may
             be
             excepted
             and
             divided
             .
             And
             ,
             
               Id
               quod
               excipitur
               ,
               seu
               subjectum
               exceptum
               ,
               debet
               contineri
               sub
               excipiente
               ,
               seu
               eo
               à
               quo
               excipitur
               :
            
             and
             again
             :
             
               Quod
               excipitur
               debet
               esse
               angustius
               eo
               à
               quo
               excipitur
               .
            
          
           
             And
             further
             ,
             the
             restraining
             of
             the
             Admirals
             Jurisdiction
             from
             medling
             with
             these
             particulars
             ,
             upon
             the
             Ports
             and
             Havens
             ,
             doth
             not
             restrain
             his
             power
             from
             medling
             with
             other
             matters
             or
             offences
             done
             ,
             and
             committed
             thereon
             ;
             for
             the
             barring
             of
             his
             cognizance
             of
             these
             particulars
             there
             ,
             is
             but
             a
             limitation
             of
             his
             general
             power
             there
             ;
             
               Et
               omnis
               limitatio
               fit
               per
               id
               quod
               subjecto
               aut
               praedicato
               congreuenter
               inest
               .
            
          
           
             For
             the
             Argument
             then
             ,
             that
             is
             deduced
             from
             this
             Statute
             ,
             which
             concludeth
             that
             the
             limits
             of
             the
             Lord
             Admirals
             Jurisdiction
             are
             thereby
             described
             ,
             and
             by
             the
             judgement
             of
             the
             whole
             Parliament
             (
             as
             is
             asserted
             )
             confined
             unto
             the
             main
             sea
             ,
             or
             coasts
             of
             the
             sea
             ,
             there
             is
             no
             other
             question
             to
             be
             made
             of
             it
             ,
             then
             whether
             it
             shall
             overthrow
             and
             destroy
             all
             these
             Logical
             rules
             ,
             or
             they
             it
             .
             Another
             answer
             may
             be
             given
             to
             this
             argument
             ,
             by
             distinguishing
             upon
             the
             word
             Port
             or
             Haven
             ,
             as
             it
             is
             taken
             in
             a
             double
             construction
             ,
             and
             beareth
             a
             double
             acceptance
             ,
             warranted
             by
             Mr.
             Serjeant
             Callis
             in
             his
             b
             Reading
             at
             Greys-Inne
             1622.
             upon
             the
             Statute
             of
             
               Sewers
               23
               H.
               8.
               cap.
            
             5.
             who
             in
             his
             first
             Lecture
             ,
             to
             the
             diversity
             between
             a
             Creek
             ,
             Haven
             and
             Port
             p.
             24.
             25.
             saith
             that
             a
             Haven
             properly
             is
             a
             safe
             place
             of
             harbour
             for
             Ships
             ,
             but
             may
             be
             without
             any
             priviledge
             at
             all
             :
             and
             then
             maketh
             mention
             of
             such
             as
             are
             alwayes
             graced
             with
             legal
             priviledges
             ;
             and
             for
             this
             he
             quoteth
             the
             Statute
             of
             
               Magna
               Charta
            
             ,
             in
             these
             words
             :
             
               Quod
               omnes
               communitates
               &
               Barones
               de
               quinque
               portubus
               ,
               &
               omnes
               alii
               portus
               ,
               habeant
               omnes
               libertates
               &
               liberas
               consuetudines
               :
            
             that
             all
             common
             Societies
             of
             Ports
             ,
             and
             Barons
             of
             the
             Cinque-ports
             ,
             and
             all
             other
             Ports
             may
             have
             their
             liberties
             ,
             &c.
             which
             can
             be
             no
             otherwise
             understood
             ,
             then
             that
             thereby
             is
             meant
             the
             common
             Societies
             of
             Port-towns
             ,
             the
             Barons
             of
             the
             five
             principal
             Port-towns
             ,
             and
             all
             other
             Port-towns
             may
             have
             their
             priviledges
             ,
             &c.
             so
             that
             a
             Port-town
             is
             ordinarily
             termed
             a
             Port
             ,
             as
             well
             as
             the
             Port
             it self
             ;
             and
             so
             is
             a
             Haven
             Town
             ,
             &c.
             though
             not
             so
             properly
             .
             And
             the
             words
             of
             the
             Statute
             (
             saith
             he
             )
             confirme
             my
             former
             definition
             of
             Ports
             to
             be
             true
             ;
             and
             this
             is
             his
             definition
             ;
             A
             Port
             is
             a
             harbour
             ,
             and
             safe
             
             arrival
             for
             Ships
             ,
             Boats
             ,
             and
             Ballengers
             of
             burthen
             to
             freight
             and
             unfreight
             them
             at
             ,
             not
             in
             :
             so
             that
             we
             see
             that
             he
             maketh
             the
             Haven
             where
             Ships
             lie
             at
             anchor
             ,
             to
             be
             a
             Port
             ,
             and
             the
             Town
             whereat
             they
             lade
             and
             unlade
             ,
             to
             be
             a
             Port
             ;
             and
             so
             the
             same
             Author
             maketh
             
               costeram
               maris
            
             to
             contain
             the
             shoar
             and
             banks
             ,
             as
             well
             as
             that
             part
             of
             the
             sea
             adjoyning
             thereunto
             :
             and
             he
             proveth
             it
             out
             of
             the
             Statute
             27
             of
             
               Eliz.
               cap
            
             24.
             which
             Act
             was
             made
             for
             the
             mending
             of
             the
             banks
             and
             sea-works
             on
             the
             sea-coast
             .
             And
             out
             of
             the
             7th
             chapter
             of
             Macchabees
             ,
             where
             Demetrius
             Son
             of
             Seleucus
             came
             to
             a
             City
             of
             the
             sea-coast
             ,
             &c.
             
               ut
               in
               ejus
               libro
               p.
            
             32.
             so
             that
             in
             common
             acceptance
             the
             places
             adjoyning
             to
             the
             Sea-coasts
             for
             their
             adjacency
             ,
             are
             called
             and
             taken
             for
             Coasts
             ,
             as
             well
             as
             the
             Coasts
             themselves
             ;
             and
             the
             Towns
             or
             Cities
             adjoyning
             to
             the
             Ports
             ,
             for
             their
             adjacency
             ,
             are
             termed
             Ports
             as
             well
             as
             the
             Ports
             themselves
             :
             and
             then
             it
             may
             very
             well
             be
             answered
             ,
             that
             the
             words
             in
             this
             Statute
             ,
             out
             of
             any
             Haven
             or
             Port
             ,
             are
             meant
             of
             the
             City
             or
             Town
             thereunto
             adjoyning
             ,
             and
             so
             called
             :
             and
             this
             ,
             the
             offences
             in
             that
             Statute
             mentioned
             ,
             unto
             which
             this
             clause
             hath
             reference
             and
             relation
             ,
             will
             warrant
             .
             But
             more
             I
             shall
             not
             say
             concerning
             this
             argument
             ,
             but
             shall
             come
             to
             that
             which
             the
             same
             Author
             further
             inferreth
             upon
             his
             own
             conclusion
             ,
             when
             as
             his
             premisses
             can
             no
             way
             be
             granted
             ;
             which
             is
             that
             of
             Job
             the
             38th
             chapter
             ,
             the
             8
             ,
             10
             ,
             11.
             verses
             ,
             That
             Almighty
             God
             (
             as
             he
             himself
             out
             of
             a
             whirlwind
             spake
             )
             hath
             shut
             up
             the
             sea
             within
             certain
             dores
             or
             bounds
             :
             
               Quis
               conclusit
               mare
               ostiis
               ,
               quando
               erumpebat
               quasi
               de
               vulvâ
               praecedens
               ?
               Circumdedi
               illud
               terminis
               meis
               ,
               &
               posui
               vectem
               &
               ostia
               ,
               &
               dixi
               ,
               Vsque
               huc
               venies
               ,
               &
               non
               procedes
               amplius
               ,
               &
               hîc
               confringes
               tumentes
               fluctus
               tuos
               .
            
          
           
             Hence
             I
             do
             conceive
             that
             he
             would
             inferre
             ,
             that
             God
             then
             put
             the
             dores
             of
             the
             seas
             ,
             where
             he
             himself
             by
             his
             interpretation
             of
             this
             Statute
             would
             now
             put
             them
             ,
             between
             the
             high
             Seas
             and
             the
             Ports
             and
             Havens
             .
             But
             then
             he
             must
             have
             said
             ,
             that
             when
             God
             put
             them
             there
             ,
             he
             then
             left
             them
             wide
             open
             ,
             and
             never
             shut
             them
             since
             ;
             for
             sure
             I
             am
             the
             sea
             was
             never
             yet
             shut
             out
             of
             the
             Ports
             and
             Havens
             ,
             if
             we
             mean
             the
             Ports
             and
             Havens
             where
             ships
             do
             ride
             ,
             or
             lye
             at
             anchor
             ;
             and
             not
             the
             Port
             or
             Haven
             Towns
             so
             termed
             ,
             by
             reason
             of
             their
             adjacency
             so
             near
             unto
             them
             .
             Nor
             can
             it
             be
             allowed
             by
             what
             is
             here
             urged
             ,
             that
             there
             they
             were
             put
             standing
             wide
             open
             :
             for
             he
             that
             saith
             
               posui
               vectem
               &
               ostia
            
             ,
             saith
             
               &
               dixi
               ,
               Vsque
               huc
               venies
               ,
               &
               non
               amplius
               .
            
          
           
             So
             that
             we
             see
             his
             doctrine
             suits
             not
             to
             this
             text
             ;
             but
             the
             text
             it self
             may
             very
             well
             serve
             for
             my
             purpose
             ,
             that
             God
             himself
             hath
             
             put
             the
             gates
             and
             dores
             of
             the
             sea
             ,
             and
             hath
             himself
             appointed
             its
             limits
             and
             bounds
             to
             be
             those
             ,
             within
             which
             it
             is
             by
             his
             own
             power
             terminated
             .
          
           
             And
             look
             how
             farre
             it
             extendeth
             it self
             ,
             so
             farre
             it
             is
             sea
             ;
             and
             there
             ,
             and
             no
             where
             but
             there
             ,
             hath
             God
             placed
             these
             gates
             and
             dores
             ,
             and
             terminated
             its
             limits
             and
             bounds
             by
             man
             unalterable
             .
          
        
         
           
             CHAP.
             V.
             
          
           
             The
             Argument
             deduced
             from
             the
             first
             Judgement
             at
             the
             Common
             Law
             ,
             that
             the
             Ports
             and
             Havens
             of
             the
             Seas
             are
             within
             bodies
             of
             Counties
             ,
             redargued
             .
          
           
             OTher
             arguments
             there
             are
             by
             Sir
             
               Edward
               Coke
            
             ,
             deduced
             out
             of
             the
             Judgements
             and
             Judicial
             Presidents
             at
             the
             Common
             Law.
             I
             shall
             first
             begin
             with
             the
             Judgements
             .
             And
             the
             first
             that
             he
             urgeth
             ,
             is
             a
             Judgement
             given
             in
             the
             Court
             of
             Common-pleas
             ;
             
               Hil.
               6
               H.
               6.
               
               Rot.
            
             303.
             between
             
               John
               Burton
            
             Plaintiffe
             ,
             and
             
               Batholomew
               Put
            
             Defendant
             ;
             and
             the
             Case
             was
             (
             saith
             he
             )
             upon
             the
             a
             Statutes
             of
             the
             13
             
               Rich.
               2.
               cap.
            
             5.
             the
             15
             
               Rich.
               2.
               cap.
            
             3.
             and
             the
             Statute
             of
             the
             2
             
               Hen.
               4.
               cap.
            
             11.
             b
             upon
             which
             Statutes
             the
             said
             Bartholomew
             having
             sued
             the
             said
             
               John
               Burton
            
             in
             the
             Admiralty
             Court
             before
             Thomas
             Duke
             of
             Exeter
             ,
             then
             Admiral
             of
             England
             ,
             for
             that
             the
             said
             
               John
               Burton
            
             with
             force
             and
             armes
             the
             second
             day
             of
             
               September
               anno
               1
               H.
            
             6.
             c
             three
             ships
             of
             the
             said
             Bartholomews
             ,
             with
             his
             Prisoners
             and
             Merchandises
             ,
             to
             the
             value
             of
             960
             marks
             5
             
               s.
               5
               d.
               ob
            
             .
             in
             the
             same
             ships
             being
             ,
             did
             take
             and
             carry
             away
             ,
             supposing
             by
             his
             Libel
             the
             same
             to
             be
             taken
             away
             
               super
               altum
               mare
            
             ,
             upon
             the
             high
             sea
             ,
             Judgement
             was
             given
             that
             the
             taking
             aforesaid
             was
             
               infra
               corpus
               comitatùs
            
             in
             Bristol
             ,
             the
             said
             ships
             lying
             in
             the
             Haven
             of
             Bristol
             ,
             and
             not
             upon
             the
             high
             sea
             ,
             contrary
             to
             the
             forme
             and
             effect
             of
             the
             said
             Statutes
             ;
             the
             parties
             having
             descended
             to
             an
             Issue
             ,
             which
             was
             found
             for
             the
             Plaintiffe
             ,
             and
             damages
             to
             700
             l.
             And
             this
             is
             the
             Judgement
             he
             quoteth
             ,
             
               Et
               super
               hoc
               audito
               tam
               recordo
               quam
               veredicto
               praedicto
               ,
               &
               per
               curiam
               plenius
               intellect
               .
               consideratum
               est
               ,
               quòd
               praedictus
            
             Johannes
             Burton
             
               recuperet
               versus
               praefatum
            
             Bartholomeum
             
               damna
               sua
               praedicta
               occasione
               attachiamenti
               prosecutionis
               ,
               &
               vexationis
               ,
               quàm
               missarum
               &
               custagiorum
               ad
               septuaginta
               libras
               per
               juratores
               praedictos
               superius
               assess
               .
               in
               duplum
               per
               Statutum
               ,
               &c.
               
               Quae
               damna
               in
               duplo
               se
               extendunt
               ad
               mille
               &
            
             400
             l.
             
               Et
               idem
            
             Barthol
             .
             
             
               poenam
               decem
               librarum
               erga
               Dom.
               Regem
               nunc
               per
               statutum
               incurrat
               &
               capiatur
               ,
               &c.
               querens
               remittit
            
             400
             l.
             
          
           
             And
             he
             saith
             that
             it
             appeareth
             by
             the
             Record
             ,
             that
             this
             being
             the
             first
             Case
             that
             can
             yet
             be
             found
             ,
             that
             received
             judgement
             in
             the
             Court
             of
             Common-pleas
             upon
             the
             said
             Statutes
             ,
             and
             that
             the
             same
             depended
             in
             advisement
             and
             deliberation
             eight
             Terms
             ,
             whereby
             it
             plainly
             appears
             (
             the
             time
             being
             computed
             from
             the
             making
             of
             the
             said
             Statutes
             ,
             whereon
             this
             Action
             was
             grounded
             to
             the
             time
             of
             the
             Judgement
             6
             Hen.
             6.
             )
             that
             the
             Courts
             of
             Common-law
             had
             not
             for
             above
             20
             years
             after
             the
             making
             of
             these
             Statutes
             ,
             ever
             medled
             with
             causes
             of
             this
             nature
             .
             Nor
             can
             it
             (
             I
             am
             confident
             )
             be
             found
             that
             cases
             of
             this
             nature
             ,
             were
             any
             of
             those
             cases
             wherein
             the
             Admirals
             had
             encroached
             upon
             the
             Common-law
             ,
             before
             the
             making
             of
             the
             said
             Statutes
             ;
             and
             what
             ground
             these
             Statutes
             then
             gave
             them
             for
             this
             Judgement
             ,
             I
             could
             wish
             he
             had
             reported
             with
             the
             Judgement
             it self
             .
             The
             Statutes
             I
             have
             endeavoured
             (
             to
             the
             utmost
             of
             my
             weak
             skil
             )
             to
             examine
             one
             by
             one
             ,
             but
             cannot
             find
             that
             in
             such
             cases
             as
             this
             the
             Admiralty
             was
             by
             them
             in
             any
             wise
             prohibited
             to
             proceed
             :
             of
             which
             Examition
             of
             mine
             ,
             I
             shall
             hereafter
             render
             the
             best
             Accompt
             I
             can
             ,
             more
             especially
             when
             I
             come
             to
             treat
             of
             Contracts
             made
             at
             land
             of
             and
             concerning
             maritime
             and
             sea
             affairs
             ;
             d
             but
             I
             must
             here
             in
             the
             first
             place
             examine
             the
             observations
             by
             Sir
             
               Edward
               Coke
            
             himself
             gathered
             out
             of
             this
             Judgement
             .
          
           
             From
             the
             whole
             he
             gathereth
             these
             four
             observations
             .
          
           
             1.
             
             That
             it
             is
             
               contemporannea
               expositio
            
             ,
             being
             made
             within
             20
             years
             of
             the
             making
             of
             one
             of
             the
             said
             Statutes
             ;
             and
             he
             saith
             that
             
               contemporanea
               expositio
               est
               optima
            
             .
          
           
             2.
             
             That
             albeit
             the
             said
             three
             Ships
             ,
             with
             the
             Prisoners
             and
             Merchandizes
             in
             them
             ,
             lay
             in
             the
             Haven
             
               inter
               fluxum
               &
               refluxum
               aquae
            
             ,
             and
             
               infra
               primos
               pontes
            
             ,
             yet
             that
             the
             Haven
             is
             
               infra
               corpus
               Comitatûs
            
             ,
             and
             that
             for
             taking
             of
             the
             Ships
             ,
             with
             the
             Prisoners
             and
             Merchandizes
             in
             the
             same
             ,
             no
             Suit
             ought
             to
             be
             had
             in
             the
             Admiralty
             Court
             ,
             but
             at
             the
             Common
             Law.
             
          
           
             3.
             
             That
             the
             Court
             of
             Admiralty
             hath
             no
             Jurisdiction
             ,
             but
             
               super
               altum
               mare
            
             ,
             which
             is
             not
             within
             any
             County
             ;
             for
             the
             Record
             saith
             (
             as
             he
             averreth
             )
             that
             the
             said
             three
             Ships
             ,
             with
             the
             Prisoners
             and
             Merchandizes
             in
             the
             same
             ,
             did
             lie
             
               infra
               Comitat.
            
             Bristoliae
             ,
             
               &
               non
               super
               altum
               mare
            
             ,
             as
             the
             Plaintiffe
             in
             the
             Admiralty
             Court
             supposed
             the
             same
             to
             be
             .
          
           
             4.
             
             That
             this
             Judgement
             so
             solemnly
             ,
             and
             with
             such
             advisement
             given
             ,
             if
             it
             were
             alone
             ,
             were
             sufficient
             to
             give
             full
             satisfaction
             
             in
             this
             point
             :
             for
             ,
             saith
             he
             ,
             
               Judicium
               est
               tanquam
               juris
               dictum
               ,
               &
               judicium
               pro
               veritate
               accipitur
               .
            
          
           
             I
             conceive
             that
             by
             two
             of
             these
             four
             observations
             (
             the
             first
             and
             the
             last
             )
             he
             endeavoureth
             to
             prove
             that
             this
             Judgement
             is
             a
             good
             Judgement
             ,
             which
             ought
             to
             be
             observed
             ever
             after
             for
             Law
             ;
             which
             if
             he
             hath
             thereby
             proved
             ,
             the
             two
             other
             (
             the
             second
             and
             third
             )
             may
             be
             deduced
             into
             some
             conclusion
             ,
             otherwise
             not
             .
             He
             then
             that
             will
             examine
             the
             argument
             comprehended
             in
             these
             two
             observations
             ,
             must
             deduce
             it
             thus
             (
             or
             else
             he
             shall
             find
             no
             argument
             therein
             at
             all
             )
             viz.
             a
             Judgement
             given
             
               per
               contemporaneam
               expositionem
            
             of
             a
             Statute
             or
             Statutes
             made
             within
             twenty
             years
             after
             the
             making
             of
             one
             of
             them
             ,
             and
             that
             solemnly
             upon
             two
             years
             advisement
             given
             ,
             is
             a
             good
             Judgement
             ;
             which
             ought
             ever
             after
             to
             be
             observed
             for
             Law.
             But
             this
             Judgement
             was
             given
             by
             a
             contemporary
             exposition
             of
             the
             said
             Statutes
             ,
             made
             within
             twenty
             years
             after
             the
             making
             of
             one
             of
             them
             ,
             and
             that
             solemnly
             with
             advisement
             by
             the
             space
             of
             two
             years
             ;
             therefore
             this
             Judgement
             is
             to
             be
             observed
             for
             Law
             ever
             after
             :
             then
             will
             the
             other
             two
             observations
             be
             easily
             deduced
             into
             a
             conclusion
             ;
             otherwise
             not
             .
             But
             I
             must
             crave
             leave
             that
             without
             offence
             I
             may
             call
             into
             question
             the
             truth
             of
             the
             premisses
             ,
             out
             of
             which
             this
             conclusion
             is
             deduced
             .
          
           
             First
             then
             ,
             whether
             a
             Judgement
             given
             
               per
               contemporaneam
               expositionem
            
             of
             a
             Statute
             made
             within
             the
             space
             of
             twenty
             years
             next
             before
             such
             interpretation
             or
             exposition
             (
             though
             solemnly
             advised
             on
             by
             the
             space
             of
             eight
             Terms
             ,
             which
             is
             two
             whole
             years
             )
             must
             necessarily
             be
             ever
             after
             observed
             for
             law
             ,
             is
             that
             which
             first
             cometh
             in
             question
             .
             Under
             correction
             I
             conceive
             that
             neither
             the
             time
             of
             such
             interpretation
             or
             exposition-making
             ,
             nor
             the
             deliberate
             advisement
             thereupon
             ,
             conclude
             this
             necessity
             ,
             that
             the
             Judgement
             thence
             proceeding
             must
             be
             ever
             after
             observed
             ,
             nay
             ,
             I
             conceive
             it
             ought
             not
             ever
             after
             ,
             or
             at
             all
             to
             be
             observed
             ,
             unless
             such
             exposition
             be
             grounded
             upon
             both
             law
             and
             reason
             ,
             or
             at
             least
             one
             of
             them
             .
          
           
             This
             is
             said
             to
             be
             the
             first
             and
             leading
             Case
             ,
             and
             so
             the
             first
             exposition
             of
             those
             three
             before
             mentioned
             Statutes
             made
             to
             this
             purpose
             :
             and
             therefore
             the
             law
             and
             reason
             whereupon
             such
             exposition
             had
             its
             ground
             and
             foundation
             ,
             might
             very
             well
             have
             been
             expected
             to
             have
             been
             there
             by
             him
             set
             down
             ,
             where
             the
             Judgement
             it self
             is
             urged
             ;
             but
             finding
             neither
             ,
             I
             have
             according
             to
             my
             weak
             abilities
             endeavoured
             to
             search
             both
             or
             either
             of
             them
             out
             ;
             But
             indeed
             am
             so
             thick-sighted
             ,
             that
             I
             can
             find
             out
             neither
             the
             one
             nor
             the
             other
             to
             warrant
             the
             same
             .
          
           
           
             The
             Statute
             of
             the
             5
             Eliz.
             5.
             before
             d
             mentioned
             and
             urged
             for
             the
             proof
             of
             this
             assertion
             might
             ,
             had
             it
             been
             made
             before
             this
             exposition
             of
             the
             other
             three
             ,
             have
             set
             some
             colour
             thereon
             ,
             but
             no
             more
             then
             a
             colour
             :
             for
             there
             is
             nothing
             therein
             contained
             substantial
             ,
             that
             could
             have
             afforded
             this
             interpretation
             of
             the
             other
             three
             ;
             but
             coming
             after
             this
             interpretation
             ,
             this
             interpretation
             hath
             lost
             that
             colour
             ,
             and
             is
             left
             upon
             the
             Statutes
             themselves
             ;
             wherein
             I
             for
             my
             part
             cannot
             find
             one
             word
             that
             doth
             seem
             so
             much
             as
             to
             lead
             toward
             any
             such
             exposition
             or
             interpretation
             .
          
           
             The
             first
             of
             them
             is
             that
             of
             the
             13
             Rich.
             2.
             5.
             which
             Statute
             hath
             relation
             unto
             a
             Petition
             upon
             which
             the
             interpretation
             thereof
             ought
             to
             be
             grounded
             ,
             according
             to
             the
             manner
             of
             making
             Acts
             in
             those
             dayes
             ;
             which
             Petition
             in
             other
             Acts
             is
             inserted
             as
             a
             preamble
             to
             the
             Act
             it self
             ;
             but
             in
             this
             is
             premised
             only
             in
             part
             ,
             and
             that
             not
             truly
             rendred
             by
             the
             Translation
             (
             as
             shall
             appear
             when
             we
             come
             to
             treat
             of
             Contracts
             made
             at
             land
             for
             e
             sea
             affairs
             )
             the
             Statute
             it self
             runneth
             thus
             .
          
           
             Le
             Roy
             voit
             que
             les
             Admiralls
             &
             lour
             deputees
             ne
             sic
             mellent
             de
             sore
             ana
             vant
             de
             nul
             chose
             fait
             deins
             le
             Roylme
             messolement
             de
             chose
             fait
             sur
             le
             meer
             solonc
             ce
             que
             ad
             estre
             duement
             use
             en
             temps
             du
             noble
             Roy
             Edward
             ail
             nostre
             s●r
             '
             le
             Roy
             quorust
             .
          
           
             The
             Kings
             pleasure
             is
             that
             the
             Admirals
             and
             their
             Deputies
             shall
             not
             from
             henceforth
             so
             meddle
             (
             viz.
             as
             is
             complained
             of
             in
             the
             Petition
             )
             of
             any
             thing
             done
             within
             the
             Realm
             ,
             but
             only
             of
             a
             thing
             done
             upon
             the
             Sea.
             
          
           
             Here
             
               sur
               le
               meer
            
             ,
             I
             hope
             shal
             not
             be
             taken
             for
             
               super
               altum
               mare
            
             ,
             when
             as
             the
             Statute
             is
             so
             absolutely
             free
             from
             distinguishing
             any
             one
             part
             of
             the
             sea
             from
             the
             other
             ,
             or
             limiting
             the
             Admirals
             Jurisdiction
             unto
             one
             part
             thereof
             ,
             more
             than
             to
             another
             ;
             but
             leaveth
             all
             to
             his
             cognizance
             ,
             
               Solonc
               ce
               que
               ad
               estre
               dument
               use
               en
               temps
               du
               noble
               Roy
            
             Edward
             
               ail
               nostre
               sur
               '
               le
               Roy
               quorust
               ,
            
             according
             to
             that
             which
             had
             been
             duly
             used
             in
             the
             time
             of
             Edward
             the
             Grandfather
             of
             the
             then
             King
             ,
             which
             was
             Edward
             the
             third
             .
             Now
             do
             not
             I
             find
             ,
             nor
             do
             I
             believe
             that
             either
             the
             makers
             of
             this
             Exposition
             or
             their
             followers
             can
             find
             that
             the
             Admirals
             Jurisdiction
             was
             in
             any
             part
             of
             Edward
             the
             Third's
             time
             restrained
             to
             the
             main
             Sea
             ,
             by
             any
             such
             distinguishing
             between
             the
             main
             Sea
             and
             the
             Ports
             and
             Havens
             where
             all
             sea
             businesses
             are
             agitated
             .
             But
             this
             I
             am
             sure
             of
             ,
             that
             by
             the
             Records
             throughout
             his
             Reign
             the
             Admirals
             were
             
               Capitanei
               &
            
             f
             
               Admiralli
               omnium
               portuum
               &
               locorum
               per
               costeram
               maris
            
             (
             as
             hath
             already
             been
             shewed
             )
             as
             well
             as
             of
             the
             main
             Sea
             ;
             and
             by
             other
             
             more
             antient
             Records
             (
             as
             hath
             been
             likewise
             shewed
             )
             they
             were
             as
             well
             
               Custodes
               marinae
               &
               maritimorum
               portuum
               ,
               &c.
            
             as
             
               Custodes
               maris
            
             .
             And
             it
             is
             plain
             that
             in
             Edward
             the
             Third's
             time
             ,
             they
             had
             
               plenam
               potestatem
               audiendi
               querelas
               omnium
               &
               singulorum
               de
               his
               quae
               officium
               Admiralli
               tangunt
            
             ;
             and
             likewise
             g
             
               cognoscendi
               in
               causis
               maritimis
               ,
               &c.
            
             in
             causes
             belonging
             to
             the
             Sea
             :
             
               In
               causis
               quae
               oriuntur
               ex
               maritimis
               negotiis
               ,
            
             without
             any
             limitation
             or
             restraint
             to
             one
             part
             or
             other
             thereof
             .
          
           
             The
             second
             Statute
             is
             that
             of
             the
             15th
             of
             R.
             2.
             3.
             which
             Statute
             hath
             two
             parts
             :
             the
             first
             considereth
             the
             Admirals
             Jurisdiction
             exclusivè
             ,
             what
             things
             he
             shall
             not
             have
             cognizance
             of
             ;
             and
             it
             concerneth
             Contracts
             ,
             Pleas
             ,
             and
             Complaints
             ,
             and
             other
             things
             done
             ,
             arising
             within
             the
             bodies
             of
             Counties
             ,
             as
             well
             by
             land
             as
             by
             water
             ,
             (
             and
             wreck
             of
             sea
             )
             which
             will
             come
             to
             be
             h
             treated
             of
             hereafter
             .
             The
             second
             part
             considereth
             his
             Jurisdiction
             inclusivè
             ,
             retaining
             and
             upholding
             the
             same
             within
             the
             limits
             thereof
             :
             And
             in
             regard
             the
             Sea
             floweth
             sometimes
             further
             ,
             and
             sometimes
             shorter
             upon
             the
             great
             Rivers
             ,
             leaving
             the
             extent
             of
             the
             Admirals
             Jurisdiction
             somewhat
             uncertain
             ,
             it
             therefore
             reduceth
             it
             to
             a
             certainty
             ,
             setting
             forth
             how
             farre
             it
             shall
             extend
             ,
             notwithstanding
             it
             is
             said
             in
             the
             former
             part
             (
             as
             well
             by
             land
             as
             by
             water
             )
             and
             distinguisheth
             how
             farre
             the
             water
             is
             to
             be
             taken
             to
             be
             within
             the
             bodies
             of
             Counties
             ,
             and
             how
             farre
             not
             ,
             which
             followeth
             in
             these
             words
             :
             
               Nientmeyns
               de
               mort
               de
               home
               &
               de
               maheym
               faitz
               en
               grosserniefs
               est-zantz
               &
               hooranz
               en
               my
               le
               haut
               fil
               des
               grosses
               Rivers
               ,
               tant
               solent
               per
               a
               vale
               les
               pontz
               de
               mesme
               ;
               les
               rivers
               pluis
               proheyms
               &
               meer
               ,
               &
               en
               nul
               autre
               luen
               de
               mesmes
               lez
               rivers
               eit
               la
               Admirall
               conisance
               &
               auxint
               darest
               des
               niefs
               en
               les
               grant
               flotes
               pur
               grants
               voyages
               du
               Roy
               &
               de
               Roylme
               ,
               &c
            
             Nevertheless
             of
             the
             death
             of
             a
             man
             ,
             and
             a
             maim
             done
             in
             great
             Ships
             ,
             being
             and
             hovering
             in
             the
             main
             stream
             of
             great
             rivers
             ,
             only
             Beneath
             those
             Bridges
             of
             the
             same
             rivers
             which
             are
             neerest
             to
             the
             sea
             ▪
             and
             in
             no
             other
             places
             of
             the
             same
             rivers
             ,
             the
             Admiral
             shall
             have
             cognizance
             ,
             and
             also
             to
             arrest
             Ships
             in
             great
             Flotes
             for
             great
             voyages
             for
             the
             King
             and
             the
             Realm
             ,
             &c.
             
          
           
             Here
             the
             Bridges
             next
             to
             the
             sea
             by
             this
             Statute
             are
             appointed
             and
             put
             for
             the
             limits
             to
             terminate
             each
             Jurisdiction
             ,
             the
             one
             above
             ,
             and
             the
             other
             below
             ;
             and
             I
             cannot
             think
             that
             any
             man
             can
             conceive
             that
             the
             expressing
             of
             some
             particulars
             cognizable
             in
             the
             Admirals
             Court
             doth
             restrain
             his
             cognizance
             unto
             those
             particulars
             only
             :
             for
             certainly
             those
             particulars
             in
             the
             reading
             of
             this
             Statute
             must
             and
             are
             emphatically
             exprest
             ,
             and
             so
             understood
             ,
             as
             expressing
             that
             he
             shall
             have
             cognizance
             below
             those
             
             Bridges
             ,
             even
             of
             things
             of
             the
             highest
             nature
             belonging
             unto
             the
             cognizance
             of
             any
             Judge
             ,
             even
             of
             the
             death
             and
             maim
             of
             a
             man
             ;
             yea
             ,
             and
             shall
             have
             power
             to
             arrest
             great
             Ships
             for
             the
             Kings
             service
             ,
             and
             take
             them
             out
             of
             the
             hands
             and
             possession
             of
             the
             owners
             or
             freighters
             of
             them
             ,
             to
             what
             necessitous
             end
             soever
             designed
             ,
             no
             wayes
             at
             all
             excluding
             his
             cognizance
             of
             things
             of
             a
             meaner
             and
             inferiour
             *
             nature
             ,
             but
             is
             thereby
             a
             confirmation
             of
             his
             cognizance
             in
             such
             things
             ,
             and
             the
             causes
             concerning
             them
             :
             
               nam
               si
               majus
               est
               ,
               etiam
               minus
               erit
               :
               &
               cui
               majus
               convenit
               ,
               etiam
               minus
               ,
            
             is
             a
             general
             rule
             :
             If
             one
             be
             stricken
             on
             the
             sea
             ,
             and
             dye
             on
             the
             land
             ,
             the
             Common-Law
             cannot
             try
             this
             h
             murther
             .
             And
             Mr.
             Sergeant
             Callis
             in
             his
             Reading
             giveth
             this
             reason
             thereof
             ,
             that
             all
             Tryals
             at
             the
             Common
             Law
             are
             to
             be
             by
             Jury
             ,
             which
             must
             come
             out
             of
             a
             proper
             County
             ;
             which
             in
             this
             case
             cannot
             be
             ,
             the
             Sea
             being
             in
             no
             County
             .
          
           
             This
             being
             the
             reason
             ,
             doubtless
             the
             Ports
             and
             Havens
             at
             the
             time
             of
             the
             making
             of
             this
             Statute
             were
             not
             accompted
             to
             be
             within
             the
             bodies
             of
             Counties
             ;
             for
             if
             they
             had
             ,
             the
             Jury
             might
             have
             been
             summoned
             out
             of
             that
             County
             ,
             in
             whose
             body
             the
             Port
             and
             Haven
             lay
             ,
             whereon
             the
             death
             and
             maim
             of
             a
             man
             should
             happen
             ,
             for
             to
             have
             tried
             the
             same
             :
             but
             the
             Ports
             and
             Havens
             being
             not
             within
             the
             bodies
             of
             Counties
             ,
             so
             that
             the
             death
             and
             maim
             of
             a
             man
             thereon
             could
             not
             be
             tryed
             by
             a
             Jury
             summoned
             out
             of
             a
             proper
             County
             ,
             according
             to
             the
             course
             of
             the
             Common
             Law
             ;
             therefore
             in
             express
             terms
             was
             the
             triall
             thereof
             appointed
             unto
             the
             Admiral
             ,
             who
             even
             in
             such
             cases
             then
             proceeded
             according
             to
             the
             rules
             of
             the
             Civil
             Law
             ,
             by
             which
             no
             Jury
             was
             required
             ,
             but
             so
             much
             the
             more
             exact
             proof
             .
          
           
             The
             same
             reason
             then
             ,
             which
             is
             the
             reason
             that
             such
             an
             Act
             done
             at
             Sea
             could
             not
             be
             triable
             by
             the
             Law
             of
             the
             Land
             ,
             must
             be
             the
             reason
             why
             the
             like
             Act
             done
             upon
             any
             Port
             or
             Haven
             should
             be
             triable
             by
             the
             Civil
             Law
             ,
             and
             not
             by
             that
             Law.
             But
             I
             shall
             proceed
             further
             to
             make
             it
             more
             plain
             ,
             that
             this
             Statute
             neither
             did
             ,
             nor
             doth
             limit
             the
             Admiral
             to
             the
             cognizance
             of
             those
             particulars
             only
             which
             are
             mentioned
             therein
             to
             be
             done
             or
             happen
             below
             the
             first
             Bridges
             upon
             the
             Ports
             and
             Havens
             .
          
           
             All
             causes
             both
             Criminal
             and
             Civil
             ,
             which
             have
             arisen
             from
             things
             done
             or
             happening
             upon
             Ports
             and
             Havens
             ,
             as
             before
             ,
             so
             ever
             since
             the
             making
             of
             this
             Statute
             (
             excepting
             the
             interruption
             made
             by
             this
             Judgement
             ,
             and
             some
             others
             which
             have
             hence
             sprang
             )
             have
             been
             triable
             and
             tried
             by
             ,
             and
             before
             the
             Admirals
             ,
             their
             Lieutenants
             and
             Judges
             of
             the
             Admiralty
             Court
             ,
             according
             
             to
             the
             rules
             and
             grounds
             of
             the
             Civil
             and
             Maritime
             Laws
             ,
             as
             will
             hereafter
             i
             plainly
             appear
             ,
             untill
             the
             28th
             year
             of
             Henry
             the
             Eigthth
             ,
             in
             which
             year
             a
             Statute
             was
             made
             which
             affirmeth
             this
             very
             assertion
             ,
             
               quoad
               criminalia
            
             in
             these
             words
             .
          
           
             
               
                 VVhere
                 Traytors
                 ,
                 Pirats
                 ,
                 Theeves
                 ,
                 Robbers
                 ,
                 Murderers
                 ,
                 and
                 Confederates
                 upon
                 the
                 Sea
                 ,
                 many
                 times
                 escaped
                 unpunished
                 ,
                 because
                 the
                 tryall
                 of
                 their
                 offences
                 heretofore
                 hath
                 been
                 ordered
                 ,
                 judged
                 ,
                 and
                 determined
                 before
                 the
                 Admiral
                 ,
                 or
                 his
                 Lieutenant
                 ,
                 or
                 Commissary
                 ,
                 after
                 the
                 course
                 of
                 the
                 Civil
                 Law
                 ,
                 the
                 nature
                 whereof
                 is
                 ,
                 that
                 before
                 any
                 Iudgement
                 of
                 death
                 can
                 be
                 given
                 against
                 the
                 offenders
                 ,
                 either
                 they
                 must
                 plainly
                 confess
                 their
                 offences
                 (
                 which
                 they
                 will
                 never
                 do
                 without
                 torture
                 or
                 pains
                 )
                 or
                 else
                 their
                 offences
                 to
                 be
                 so
                 plainly
                 and
                 directly
                 proved
                 by
                 witnesses
                 indifferent
                 ,
                 such
                 as
                 saw
                 their
                 offences
                 committed
                 ,
                 which
                 cannot
                 be
                 gotten
                 but
                 by
                 chance
                 at
                 few
                 times
                 ,
                 because
                 such
                 offenders
                 commit
                 their
                 offences
                 upon
                 the
                 Sea
                 ,
                 and
                 many
                 times
                 murder
                 and
                 kill
                 such
                 persons
                 ,
                 being
                 in
                 the
                 Ship
                 or
                 Boat
                 where
                 they
                 commit
                 their
                 offencs
                 ,
                 which
                 should
                 witness
                 against
                 them
                 in
                 that
                 behalf
                 and
                 also
                 such
                 as
                 should
                 bear
                 witness
                 be
                 commonly
                 Mariners
                 ,
                 and
                 Shipmen
                 ,
                 which
                 because
                 of
                 their
                 often
                 voyages
                 and
                 passages
                 on
                 the
                 Seas
                 ,
                 depart
                 without
                 long
                 tarrying
                 and
                 protraction
                 of
                 time
                 ,
                 to
                 the
                 great
                 cost
                 and
                 charges
                 as
                 well
                 of
                 the
                 Kings
                 Highness
                 ,
                 as
                 such
                 as
                 would
                 pursue
                 such
                 offenders
                 .
                 For
                 reformation
                 whereof
                 be
                 it
                 enacted
                 by
                 the
                 Authority
                 of
                 this
                 present
                 Parliament
                 ,
                 That
                 all
                 Treasons
                 ,
                 Felonies
                 ,
                 Robberies
                 ,
                 Murders
                 and
                 Confederacies
                 hereafter
                 to
                 be
                 committed
                 in
                 or
                 upon
                 the
                 Sea
                 ,
                 or
                 in
                 any
                 other
                 Haven
                 ,
                 River
                 ,
                 Creek
                 ,
                 or
                 Place
                 where
                 the
                 Admiral
                 or
                 Admirals
                 have
                 or
                 pretend
                 to
                 have
                 power
                 ,
                 authority
                 or
                 jurisdiction
                 ,
                 shall
                 be
                 enquired
                 ,
                 tryed
                 ,
                 heard
                 ,
                 determined
                 and
                 adjudged
                 in
                 such
                 Shires
                 and
                 Places
                 in
                 the
                 Realm
                 ,
                 as
                 shall
                 be
                 limited
                 by
                 the
                 Kings
                 Commission
                 or
                 Commissions
                 to
                 be
                 directed
                 for
                 the
                 same
                 in
                 the
                 like
                 forme
                 ,
                 and
                 condition
                 ,
                 as
                 if
                 any
                 such
                 offence
                 or
                 offences
                 had
                 been
                 committed
                 or
                 done
                 in
                 or
                 upon
                 the
                 Land
                 ,
                 and
                 such
                 Commissions
                 shall
                 be
                 had
                 under
                 the
                 Kings
                 great
                 Seal
                 directed
                 to
                 the
                 Admiral
                 or
                 Admirals
                 ,
                 or
                 to
                 his
                 or
                 their
                 Lieutenant
                 ,
                 Deputy
                 ,
                 or
                 Deputies
                 ;
                 and
                 to
                 three
                 or
                 four
                 such
                 other
                 substantial
                 persons
                 as
                 shall
                 be
                 named
                 and
                 appointed
                 by
                 the
                 Lord
                 Chancellor
                 of
                 England
                 for
                 the
                 time
                 being
                 ,
                 from
                 time
                 to
                 time
                 ,
                 and
                 as
                 oft
                 as
                 need
                 shall
                 require
                 ,
                 to
                 hear
                 and
                 determine
                 such
                 offences
                 after
                 the
                 
                 common
                 course
                 of
                 the
                 Laws
                 of
                 this
                 Land
                 used
                 for
                 Treasons
                 ,
                 Felonies
                 ,
                 Robberies
                 ,
                 Murders
                 ,
                 and
                 Confederacies
                 of
                 the
                 same
                 done
                 and
                 committed
                 upon
                 the
                 land
                 within
                 this
                 Realm
                 .
              
            
          
           
             This
             Statute
             plainly
             sheweth
             ,
             that
             before
             the
             making
             thereof
             ,
             the
             offences
             of
             all
             Traitors
             ,
             Pirats
             ,
             Theeves
             ,
             Robbers
             and
             their
             Confederates
             ,
             done
             ,
             or
             committed
             upon
             the
             Sea
             ,
             without
             distinguishing
             the
             main
             Sea
             from
             the
             Ports
             ,
             Creeks
             ,
             and
             Havens
             thereof
             ,
             or
             excluding
             them
             therefrom
             ,
             as
             well
             as
             the
             offences
             of
             Murderers
             and
             Meighmers
             of
             men
             were
             ordered
             ,
             judged
             ,
             and
             determined
             before
             the
             Admiral
             ,
             his
             Lieutenant
             or
             Commissary
             :
             Nay
             ,
             by
             the
             reason
             given
             in
             this
             Statute
             for
             the
             alteration
             *
             of
             this
             Triall
             ,
             the
             Ports
             and
             Havens
             do
             appear
             to
             be
             comprehended
             in
             the
             word
             Sea
             ,
             where
             it
             is
             said
             that
             many
             times
             the
             offenders
             do
             murder
             and
             kill
             such
             persons
             ,
             and
             the
             Witnesses
             being
             in
             the
             Ship
             or
             Boat
             ,
             where
             they
             commit
             their
             offences
             ,
             which
             should
             witness
             against
             them
             in
             that
             behalf
             .
             Now
             surely
             all
             the
             said
             offences
             which
             were
             done
             or
             committed
             in
             Ships
             or
             Boats
             ,
             and
             were
             cognizable
             before
             the
             Admiral
             or
             his
             Lieutenant
             or
             Commissary
             ,
             might
             be
             ,
             and
             were
             committed
             as
             well
             in
             Ships
             and
             Boats
             ,
             which
             did
             ride
             or
             lie
             at
             anchor
             within
             the
             Havens
             ,
             Creeks
             ,
             and
             Ports
             of
             the
             Sea
             ,
             as
             upon
             the
             high
             Sea.
             Yet
             if
             this
             be
             doubted
             ,
             what
             followeth
             in
             the
             Act
             will
             make
             it
             more
             plain
             ,
             
               viz.
               
                 That
                 all
                 Treasons
                 ,
                 Felonies
                 ,
                 Robberies
                 ,
                 Murders
                 ,
                 and
                 Confederacies
                 hereafter
                 to
                 be
                 committed
                 in
                 or
                 upon
                 the
                 Sea
                 ,
                 or
                 in
                 any
                 other
                 Haven
                 ,
                 River
                 ,
                 Creek
                 ,
                 or
                 place
                 where
                 the
                 Admirals
                 have
                 ,
                 or
                 pretend
                 to
                 have
                 power
                 ,
                 authority
                 or
                 Jurisdiction
                 ,
                 shall
                 be
                 enquired
                 ,
                 tryed
                 ,
                 &c.
                 
              
            
          
           
             So
             that
             we
             see
             here
             the
             same
             criminal
             offences
             acknowedged
             to
             have
             heretofore
             been
             tryable
             by
             the
             Civil
             Law
             ,
             and
             that
             it
             is
             now
             enacted
             ,
             that
             hereafter
             the
             same
             offences
             committed
             upon
             the
             Sea
             ,
             may
             be
             otherwise
             enquired
             ,
             tryed
             ,
             &c.
             
             And
             least
             any
             doubt
             should
             arise
             ,
             how
             farre
             the
             Sea
             heretofore
             extended
             ,
             therefore
             it
             is
             added
             ,
             or
             any
             other
             Haven
             ,
             River
             ,
             or
             Place
             ,
             where
             the
             Admiral
             or
             Admirals
             have
             or
             pretend
             to
             have
             Power
             ,
             Authority
             ,
             or
             Jurisdiction
             .
          
           
             Again
             ,
             had
             these
             Havens
             ,
             Rivers
             ,
             and
             Creeks
             ever
             been
             within
             the
             bodies
             of
             Counties
             ,
             so
             that
             a
             Jury
             might
             have
             been
             had
             out
             of
             a
             proper
             County
             for
             the
             Tryall
             of
             these
             offences
             thereon
             committed
             ,
             then
             needed
             not
             this
             Statute
             have
             appointed
             any
             such
             tryall
             thereof
             by
             Jury
             ,
             to
             be
             chosen
             out
             of
             any
             County
             limited
             by
             the
             Kings
             Commission
             proper
             or
             not
             proper
             .
             Nor
             assuredly
             
             would
             this
             Stature
             have
             given
             the
             cognizance
             of
             these
             offences
             committed
             within
             the
             bodies
             of
             Counties
             to
             the
             Lord
             Admiral
             and
             his
             Deputies
             .
          
           
             Now
             if
             these
             Havens
             ,
             Rivers
             ,
             and
             Creeks
             were
             so
             farre
             out
             of
             the
             bodies
             of
             Counties
             ,
             that
             a
             Jury
             could
             not
             ,
             nor
             yet
             can
             be
             had
             out
             of
             a
             proper
             County
             ,
             but
             must
             be
             had
             out
             of
             any
             County
             by
             the
             King
             ,
             in
             Chancery
             appointed
             ,
             for
             the
             tryal
             of
             these
             criminal
             causes
             ,
             arising
             from
             these
             offences
             thereon
             committe
             ,
             I
             conceive
             it
             will
             seem
             strange
             that
             it
             should
             be
             affirmed
             that
             the
             same
             Havens
             ,
             Rivers
             ,
             and
             Creeks
             should
             be
             so
             farre
             within
             the
             bodies
             of
             Counties
             ,
             that
             a
             Jury
             might
             ,
             or
             may
             be
             had
             out
             of
             a
             proper
             County
             ,
             for
             the
             tryal
             of
             such
             Civil
             causes
             as
             might
             or
             may
             arise
             from
             Civil
             matters
             thereon
             had
             or
             done
             ;
             so
             that
             I
             cannot
             by
             the
             uttermost
             of
             my
             endeavour
             find
             out
             the
             foundation
             either
             of
             law
             or
             reason
             ,
             whereon
             this
             Judgement
             was
             built
             .
             Sir
             
               Edward
               Coke
            
             not
             seldome
             termeth
             it
             a
             Maxime
             in
             the
             Common
             Law
             ,
             
               Quòd
               nemo
               debet
               videri
               prudentior
               lege
               ,
            
             that
             no
             man
             ought
             to
             seem
             wiser
             then
             the
             Law
             :
             and
             truly
             from
             this
             Maxime
             (
             as
             he
             termeth
             it
             )
             I
             conceive
             ,
             as
             strong
             a
             conclusion
             may
             be
             drawn
             ,
             
               viz.
               Quod
               hisce
               statutis
               nulli
               prudentiores
               videri
               deberent
               ,
            
             none
             ought
             to
             have
             seemed
             wiser
             then
             these
             Statutes
             themselves
             .
             But
             indeed
             as
             this
             Judgement
             hath
             been
             by
             some
             accepted
             as
             grounded
             upon
             law
             ,
             so
             hath
             it
             been
             by
             more
             ,
             and
             those
             learned
             in
             the
             Law
             ,
             refused
             and
             rejected
             as
             not
             grounded
             thereon
             ,
             as
             I
             shall
             hereafter
             shew
             ,
             by
             Writs
             
               de
               Procedendo
            
             ,
             awarded
             out
             of
             the
             Chancery
             upon
             Injunctions
             thence
             granted
             ,
             and
             Consultations
             both
             out
             of
             the
             Kings
             Bench
             and
             Common-pleas
             ,
             upon
             Prohibitions
             thence
             granted
             upon
             causes
             of
             the
             self
             same
             nature
             .
          
           
             Now
             I
             hope
             by
             what
             hath
             been
             said
             ,
             &
             shall
             hereafter
             be
             shewed
             ,
             it
             plainly
             will
             appear
             ,
             that
             this
             first
             and
             leading
             Judgement
             was
             not
             so
             grounded
             either
             upon
             law
             or
             reason
             ,
             or
             upon
             so
             sound
             a
             foundation
             ,
             as
             that
             men
             in
             succeeding
             ages
             should
             build
             their
             judgements
             thereupon
             ,
             nor
             so
             complete
             or
             fit
             a
             guide
             or
             rule
             ,
             as
             that
             Lawgivers
             should
             be
             directed
             thereby
             (
             although
             it
             had
             been
             
               contemporanea
               statutorum
               expositio
            
             ,
             made
             within
             20
             years
             of
             the
             making
             of
             one
             of
             the
             said
             Statutes
             ,
             and
             that
             upon
             two
             years
             advisement
             and
             deliberation
             ,
             as
             Sir
             
               Edward
               Coke
            
             affirmeth
             )
             which
             Induction
             ,
             or
             minor
             Proposition
             ,
             is
             as
             infirme
             as
             the
             major
             ,
             and
             both
             will
             leave
             the
             conclusion
             to
             stand
             alone
             without
             legs
             ,
             which
             must
             necessarily
             fall
             to
             the
             ground
             .
             First
             then
             ,
             that
             this
             was
             
               contemporanea
               expositio
            
             ,
             made
             within
             the
             space
             of
             twenty
             years
             next
             after
             the
             making
             of
             one
             of
             these
             Statutes
             ,
             will
             not
             be
             made
             good
             ;
             for
             
             the
             last
             of
             those
             Statutes
             is
             that
             of
             2
             
               H.
               4.
               cap.
            
             11.
             which
             was
             anno
             1400
             ,
             and
             the
             Judgement
             was
             given
             the
             6
             
               H.
               6.
               
               Hil.
            
             which
             was
             anno
             1427
             ;
             and
             how
             this
             can
             be
             brought
             within
             the
             compass
             of
             twenty
             years
             ,
             which
             appears
             so
             plainly
             to
             be
             seven
             years
             without
             the
             ●ompass
             ,
             I
             know
             not
             .
             Besides
             ,
             this
             Statute
             is
             only
             in
             confirmation
             of
             that
             Statute
             13
             Ric.
             2.
             5.
             setting
             a
             penalty
             of
             double
             damage
             unto
             the
             party
             grieved
             ,
             and
             ten
             pounds
             to
             the
             King
             upon
             him
             that
             shall
             offend
             against
             this
             Statute
             of
             the
             13th
             of
             Richard
             the
             Second
             .
             Now
             it
             is
             true
             this
             Judgement
             doth
             pursue
             this
             Statute
             in
             giving
             double
             damages
             to
             the
             Plaintiffe
             ,
             and
             the
             penalty
             of
             ten
             pounds
             to
             the
             King
             against
             the
             Defendant
             :
             But
             the
             giving
             of
             these
             double
             damages
             and
             penalty
             is
             grounded
             upon
             the
             breach
             of
             the
             former
             Statute
             ,
             unto
             which
             only
             this
             hath
             relation
             ;
             and
             this
             Statute
             neither
             needed
             ,
             nor
             had
             it
             any
             exposition
             at
             all
             :
             But
             the
             Judgement
             was
             grounded
             upon
             an
             Exposition
             made
             of
             the
             former
             Statute
             13
             Ric.
             2.
             upon
             which
             (
             if
             the
             Statute
             would
             have
             born
             any
             such
             construction
             )
             the
             Party
             suing
             in
             the
             Admiralty
             contrary
             to
             that
             Statute
             in
             a
             cause
             of
             the
             same
             nature
             ,
             would
             have
             before
             the
             making
             of
             the
             Statute
             of
             the
             2d
             of
             H.
             4.
             been
             liable
             to
             the
             single
             damages
             ,
             though
             not
             to
             the
             double
             ;
             but
             the
             Law
             whereon
             this
             Exposition
             was
             made
             to
             ground
             this
             Judgment
             ,
             ought
             to
             have
             been
             some
             Law
             that
             declareth
             a
             Haven
             to
             be
             within
             the
             body
             of
             a
             County
             ,
             and
             without
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             and
             must
             needs
             have
             been
             before
             the
             making
             of
             this
             Statute
             ,
             if
             there
             had
             been
             any
             such
             at
             all
             ,
             which
             I
             believe
             can
             never
             be
             found
             or
             shewed
             :
             For
             sure
             I
             am
             (
             as
             I
             said
             before
             )
             there
             is
             not
             one
             word
             in
             the
             Statute
             it self
             ,
             which
             can
             so
             much
             as
             seem
             to
             draw
             any
             man
             to
             imagine
             that
             a
             Haven
             or
             Port
             should
             be
             within
             the
             body
             of
             a
             County
             ;
             but
             however
             it
             is
             the
             exposition
             of
             this
             Statute
             (
             though
             groundless
             )
             upon
             which
             the
             Judgment
             is
             founded
             ,
             and
             this
             Statute
             was
             made
             eleven
             years
             before
             the
             other
             ;
             and
             then
             will
             this
             
               contemporanea
               expositio
            
             ,
             said
             to
             be
             within
             twenty
             years
             ,
             scarce
             fall
             to
             be
             within
             twice
             twenty
             years
             :
             For
             the
             Statute
             made
             in
             the
             13th
             year
             of
             Richard
             the
             second
             was
             made
             in
             anno
             1389
             ,
             and
             the
             judgment
             was
             given
             in
             anno
             1427
             which
             is
             full
             38
             years
             ;
             and
             ought
             not
             to
             have
             had
             an
             exposition
             put
             upon
             it
             ,
             clean
             destructive
             to
             another
             Statute
             made
             within
             two
             years
             after
             ,
             and
             in
             the
             same
             Kings
             Raign
             ,
             which
             cleareth
             the
             Admirals
             Jurisdiction
             to
             be
             over
             the
             havens
             and
             rivers
             beneath
             the
             first
             bridges
             nearest
             to
             the
             sea
             ,
             even
             of
             the
             death
             of
             a
             man
             &c.
             which
             is
             
               magis
               contemporanea
               et
               multo
               stabilior
               expositio
               ,
            
             being
             made
             upon
             as
             good
             advisement
             as
             this
             ,
             though
             perhaps
             not
             upon
             terms
             of
             deliberation
             ,
             
             which
             consideration
             I
             come
             to
             consider
             next
             :
             And
             I
             cannot
             conceive
             the
             advisement
             upon
             two
             years
             deliberation
             upon
             one
             particular
             point
             ,
             should
             render
             the
             determination
             thereof
             ever
             the
             more
             sound
             ,
             but
             rather
             sheweth
             a
             great
             deal
             of
             doubting
             and
             fearfulness
             to
             determine
             .
             But
             it
             seems
             after
             two
             years
             deliberation
             they
             determined
             to
             have
             the
             Ports
             and
             Havens
             (
             without
             any
             warrant
             of
             Law
             that
             Sir
             
               Edward
               Coke
            
             hath
             declared
             ,
             or
             that
             I
             can
             by
             any
             means
             find
             )
             to
             be
             within
             the
             bodies
             of
             Counties
             .
             And
             truly
             I
             think
             the
             time
             was
             short
             enough
             ,
             and
             their
             pains
             great
             enough
             in
             that
             space
             ,
             to
             turn
             so
             much
             sea
             ,
             or
             water
             appertaining
             unto
             the
             sea
             ,
             into
             land
             ,
             or
             into
             the
             heart
             of
             a
             County
             :
             But
             if
             the
             foundation
             of
             this
             Judgement
             be
             infirme
             ,
             surely
             it
             will
             not
             support
             it
             ,
             being
             so
             weighty
             a
             Judgement
             as
             it
             is
             ,
             but
             that
             the
             same
             must
             fall
             to
             the
             ground
             ,
             and
             be
             buried
             in
             the
             earth
             ,
             or
             drowned
             in
             the
             depth
             of
             that
             Sea
             ,
             it
             would
             have
             dismembred
             of
             its
             Ports
             ,
             Creeks
             and
             Havens
             ,
             unless
             whatsoever
             a
             Court
             shall
             once
             adjudge
             through
             misapprehension
             ,
             or
             any
             manner
             of
             misunderstanding
             ,
             must
             ever
             after
             be
             observed
             for
             law
             ;
             which
             whosoever
             affirmeth
             ,
             must
             maintain
             some
             men
             to
             be
             infallible
             ,
             or
             else
             that
             one
             injustice
             may
             be
             a
             warrant
             for
             another
             :
             But
             if
             to
             persist
             in
             an
             error
             ,
             be
             another
             ,
             and
             a
             greater
             error
             ,
             then
             surely
             to
             square
             justice
             by
             so
             crooked
             and
             untryed
             a
             rule
             ,
             can
             produce
             no
             strait
             or
             upright
             future
             judgement
             .
             I
             must
             confess
             the
             judgements
             of
             such
             grave
             and
             learned
             men
             ,
             in
             such
             a
             place
             and
             authority
             ,
             ought
             much
             to
             sway
             with
             their
             successors
             in
             doubtful
             cases
             ,
             and
             one
             judgement
             ought
             as
             little
             as
             may
             be
             to
             thwart
             and
             cross
             another
             ,
             but
             not
             unless
             the
             same
             be
             agreeable
             unto
             justice
             ,
             equity
             ,
             right
             ,
             reason
             ,
             and
             binding
             laws
             ,
             constituted
             ,
             appointed
             and
             published
             by
             superiour
             powers
             ,
             which
             are
             alwayes
             to
             be
             observed
             .
          
        
         
           
             CHAP.
             VI.
             
          
           
             That
             from
             the
             two
             other
             Actions
             instanced
             in
             ,
             to
             be
             brought
             against
             the
             parties
             suing
             in
             the
             Admiralty
             Court
             for
             a
             business
             done
             upon
             the
             Ports
             ,
             no
             concluded
             Argument
             is
             deduced
             .
          
           
             TWo
             Actions
             likewise
             are
             instanced
             in
             ,
             instituted
             in
             the
             Court
             of
             the
             Common-pleas
             to
             the
             same
             purpose
             ,
             which
             can
             be
             deduced
             from
             no
             better
             reason
             ,
             nor
             founded
             upon
             any
             sounder
             ground
             then
             this
             first
             Judgement
             was
             ,
             more
             then
             
             that
             they
             had
             this
             for
             their
             example
             .
             (
             
               At
               exempla
               mala
               sunt
               reprobanda
               ,
               &
               non
            
             a
             sequenda
             )
             both
             of
             them
             
               Pasch
               .
               12
               H.
            
             6.
             
             The
             one
             is
             an
             Action
             brought
             by
             
               Robert
               Cupper
            
             upon
             the
             before
             mentioned
             Statutes
             in
             the
             Court
             of
             Common-pleas
             ,
             against
             
               John
               Raymer
            
             of
             Norwich
             ;
             for
             that
             the
             said
             Raymer
             did
             sue
             the
             said
             Cupper
             in
             the
             Court
             of
             Admiralty
             ,
             for
             that
             he
             said
             Raymer
             having
             a
             Ship
             
               in
               portu
               aquae
            
             Jernemuthae
             
               infra
               corpus
               com
            
             .
             Norf.
             ready
             for
             a
             Voyage
             to
             Zeland
             ,
             the
             said
             Cupper
             entred
             the
             said
             Ship
             lying
             in
             the
             said
             Haven
             ,
             and
             took
             away
             divers
             goods
             out
             of
             the
             same
             ,
             
               asserendo
               per
               praedictum
               placitum
               res
               illas
               super
               altum
               mare
               emersisse
               ,
               acsi
               res
               illae
               super
               altum
               mare
               emersissent
               ,
               cum
               non
               ibi
               sed
               apud
            
             Jernmutham
             
               contra
               formam
               Statutorum
               praedict
            
             .
          
           
             The
             other
             was
             an
             Action
             between
             
               John
               Wydewell
            
             ,
             and
             the
             said
             
               John
               Raymer
            
             the
             same
             Terme
             ,
             in
             the
             same
             Court
             :
             but
             whether
             there
             were
             any
             Judgement
             upon
             these
             two
             Actions
             ,
             or
             not
             ,
             or
             what
             the
             Judgements
             were
             ,
             is
             not
             set
             forth
             :
             the
             Judgements
             might
             be
             given
             for
             the
             Defendants
             ,
             as
             well
             as
             against
             them
             for
             ought
             appears
             out
             of
             what
             Sir
             
               Ed.
               Coke
            
             hath
             set
             down
             ;
             and
             since
             he
             hath
             spared
             the
             pains
             to
             set
             them
             down
             ,
             I
             shall
             spare
             my
             labour
             for
             looking
             them
             out
             :
             If
             any
             Judgement
             were
             given
             upon
             either
             ,
             which
             I
             the
             rather
             conce●●
             there
             were
             not
             ;
             for
             that
             if
             there
             had
             been
             any
             ,
             Sir
             
               Edward
               Coke
            
             would
             not
             have
             spared
             to
             have
             told
             of
             them
             ,
             if
             they
             had
             been
             for
             his
             purpose
             .
             If
             the
             Judgements
             were
             given
             agreeable
             to
             the
             former
             Judgement
             ,
             and
             passed
             by
             that
             example
             ,
             yet
             is
             there
             no
             better
             ground
             for
             the
             same
             ,
             made
             to
             appear
             for
             founding
             them
             upon
             ,
             then
             for
             the
             former
             ,
             which
             is
             but
             a
             quakemire
             .
          
        
         
           
             CHAP.
             VII
             .
          
           
             The
             Argument
             deduced
             from
             two
             Praemunires
             instanced
             in
             to
             be
             brought
             against
             the
             parties
             suing
             in
             the
             Admiralty
             for
             things
             done
             upon
             Ports
             ,
             redargued
             .
          
           
             BUt
             to
             keep
             some
             method
             ,
             I
             must
             out
             of
             these
             things
             which
             Sir
             
               Edward
               Coke
            
             hath
             promiscuously
             urged
             against
             the
             Admirals
             cognizance
             of
             businesses
             done
             upon
             the
             Ports
             and
             Havens
             ,
             and
             of
             Contracts
             made
             upon
             the
             land
             for
             freight
             ,
             Mariners
             wages
             ,
             tackle
             ,
             furniture
             ,
             and
             ammunition
             ;
             and
             of
             things
             done
             beyond
             the
             seas
             ,
             &c.
             in
             the
             next
             place
             pick
             and
             gather
             the
             
             rest
             of
             those
             things
             which
             only
             concern
             his
             cognizance
             of
             businesses
             done
             upon
             the
             Ports
             and
             Havens
             ,
             and
             give
             some
             answer
             to
             them
             first
             ;
             and
             those
             are
             Praemunire's
             ,
             Prohibitions
             ,
             Book-cases
             ,
             and
             Authorities
             in
             Law
             :
             and
             then
             come
             in
             the
             third
             book
             of
             this
             Treatise
             ,
             to
             those
             things
             which
             he
             hath
             urged
             against
             the
             Admirals
             cognizance
             of
             or
             concerning
             Contracts
             made
             upon
             the
             land
             for
             freight
             ,
             Mariners
             wages
             ,
             &c.
             
          
           
             Two
             Praemunire's
             he
             instanceth
             in
             ,
             the
             one
             brought
             
               Mich.
               38.
               
               H.
            
             6.
             
             By
             
               John
               Cassy
            
             Esquire
             against
             
               Richard
               Beuchampe
               ,
               Thomas
               Paunce
            
             Esquires
             ,
             and
             others
             ,
             upon
             the
             Statute
             of
             16
             
               Rich.
               2.
               cap.
            
             5.
             for
             sueing
             
               in
               Curiâ
               Romanâ
               vel
               alibi
            
             of
             matters
             belonging
             to
             the
             Common
             Law
             ,
             for
             that
             the
             Defendants
             did
             sue
             the
             Plaintiffe
             in
             the
             Admiralty
             Court
             before
             Henry
             Duke
             of
             Excester
             ,
             that
             the
             said
             
               John
               Cassy
            
             did
             take
             and
             carry
             away
             certain
             Jewels
             
               super
               altum
               mare
               ,
               ubi
               idem
            
             Johannes
             Cassy
             
               bona
               illa
               apud
            
             Stratford
             Bow
             
               infra
               corpus
               comitatûs
            
             Middlesexiae
             ,
             
               &
               non
               super
               altum
               mare
               cepit
               ,
            
             which
             (
             saith
             he
             )
             is
             so
             evident
             ,
             and
             of
             so
             dangerous
             consequence
             ,
             as
             no
             application
             shall
             be
             made
             thereof
             ;
             but
             I
             must
             (
             under
             favour
             )
             take
             leave
             to
             make
             some
             application
             ,
             and
             some
             answer
             likewise
             hereunto
             ,
             and
             shew
             that
             the
             urging
             ●oth
             of
             this
             ,
             and
             the
             other
             which
             he
             instanceth
             in
             ,
             which
             is
             a
             Premunire
             brought
             9
             H.
             7.
             for
             a
             Suit
             in
             the
             Admiralty
             Court
             before
             John
             Earl
             of
             Oxford
             ,
             for
             taking
             and
             carrying
             away
             
               quandam
               naviculam
               apud
               Horton
               Key
            
             at
             
               South-Lyn
               ,
               &c.
            
             supposing
             the
             same
             to
             be
             
               super
               altum
               mare
            
             ,
             where
             it
             was
             
               infra
               corpus
               comitatûs
            
             ,
             is
             no
             way
             consequent
             or
             concludent
             to
             prove
             the
             Ports
             and
             Havens
             to
             be
             within
             the
             bodies
             of
             Counties
             .
          
           
             For
             the
             first
             of
             these
             ,
             it
             is
             plainly
             affirmed
             that
             
               John
               Cassy
            
             did
             take
             away
             the
             goods
             he
             was
             sued
             for
             in
             the
             Admiralty
             Court
             at
             
               Stratford
               Bow
            
             ,
             being
             a
             Town
             or
             Parish
             plainly
             within
             the
             body
             of
             the
             County
             of
             Middlesex
             ,
             and
             no
             Haven
             or
             Haven-Town
             .
             This
             suggestion
             being
             proved
             ,
             the
             Admiral
             had
             no
             colour
             at
             all
             to
             take
             cognizance
             of
             this
             cause
             .
          
           
             For
             the
             taking
             and
             carrying
             away
             of
             the
             little
             Ship
             ,
             little
             Barque
             or
             Boat
             (
             for
             navicula
             signifieth
             either
             of
             the
             three
             )
             at
             
               Horton
               Key
            
             at
             South-Lynne
             ,
             it
             concludeth
             nothing
             against
             the
             Admirals
             Jurisdiction
             upon
             the
             Haven
             or
             Port
             ,
             taken
             for
             the
             water
             beneath
             the
             first
             Bridge
             :
             for
             a
             Key
             is
             often
             taken
             for
             the
             Wharfe
             ,
             or
             place
             whereon
             goods
             are
             usually
             landed
             ;
             but
             strictly
             it
             is
             taken
             for
             the
             very
             separation
             of
             the
             land
             from
             the
             water
             ,
             by
             wood
             or
             stone
             ,
             or
             both
             in
             such
             places
             as
             goods
             are
             usually
             landed
             at
             :
             and
             these
             are
             the
             keys
             that
             lock
             those
             dores
             that
             Sir
             
               Edward
               Coke
            
             would
             have
             stand
             wide
             open
             ,
             placed
             by
             God
             himself
             to
             no
             purpose
             
             so
             farre
             within
             the
             Seas
             .
             Now
             
               At
               Horton
               Key
            
             may
             be
             as
             well
             on
             the
             dry
             side
             of
             the
             Key
             ,
             as
             on
             the
             wet
             ;
             as
             well
             upon
             the
             land
             as
             upon
             the
             water
             :
             and
             little
             Ships
             ,
             little
             Barques
             ,
             or
             Boats
             are
             oftentimes
             drawn
             up
             at
             the
             Keys
             ,
             where
             they
             arrive
             ,
             to
             be
             caulked
             and
             repaired
             ,
             and
             might
             be
             from
             thence
             taken
             and
             carried
             away
             perhaps
             from
             the
             water
             (
             their
             accustomed
             Element
             )
             to
             the
             fire
             ,
             wherewith
             for
             the
             most
             part
             ,
             when
             they
             escape
             drowning
             ,
             they
             are
             at
             last
             consumed
             ,
             when
             they
             are
             become
             unserviceable
             .
          
           
             Again
             ,
             these
             two
             Premunire's
             are
             said
             only
             to
             have
             been
             brought
             ,
             and
             nothing
             said
             of
             the
             event
             ,
             or
             what
             was
             determined
             thereon
             ;
             so
             that
             here
             is
             nothing
             but
             the
             opinion
             of
             those
             that
             brought
             them
             ,
             and
             no
             resolution
             of
             the
             Judges
             ;
             and
             so
             these
             two
             Praemunire's
             conclude
             nothing
             at
             all
             .
          
           
             But
             grant
             two
             suppositions
             (
             neither
             to
             be
             granted
             nor
             supposed
             ,
             unless
             proved
             )
             viz.
             that
             these
             two
             severals
             Acts
             were
             done
             or
             committed
             upon
             Ports
             and
             Havens
             ,
             and
             that
             the
             determination
             and
             resolution
             of
             the
             Judges
             was
             against
             the
             Defendants
             ;
             yet
             he
             that
             will
             but
             look
             ,
             may
             see
             the
             two
             foundations
             whereon
             these
             determinations
             or
             resolutions
             were
             or
             should
             have
             been
             built
             ,
             from
             whence
             this
             land
             Argument
             is
             raised
             ,
             to
             have
             been
             laid
             upon
             the
             sea
             sands
             ,
             too
             slippery
             a
             place
             for
             them
             to
             stand
             on
             ;
             the
             one
             is
             that
             before
             mentioned
             groundless
             supposition
             of
             the
             Ports
             and
             Havens
             being
             within
             the
             bodies
             of
             Counties
             ;
             for
             which
             no
             proof
             is
             offered
             ;
             but
             that
             some
             against
             all
             reason
             ,
             and
             they
             know
             not
             wherefore
             ,
             have
             taken
             them
             so
             to
             be
             .
             The
             other
             is
             the
             Statute
             upon
             which
             these
             Praemunire's
             were
             brought
             ,
             which
             he
             affirmeth
             to
             be
             the
             Statute
             16
             Rich.
             2.
             for
             suing
             in
             
               Curiâ
               Romanâ
               vel
               alibi
            
             ,
             of
             matters
             belonging
             to
             the
             Common
             Law.
             
          
           
             This
             Statute
             consisteth
             of
             a
             Petition
             made
             by
             the
             Commons
             unto
             the
             King
             ,
             and
             the
             King's
             Answer
             thereunto
             ,
             as
             all
             ancient
             Statutes
             of
             those
             dayes
             do
             .
             In
             the
             Petition
             is
             first
             set
             forth
             that
             the
             King
             and
             all
             his
             liege
             People
             ought
             of
             right
             ,
             and
             of
             old
             time
             were
             wont
             to
             sue
             in
             the
             Kings
             Court
             to
             recover
             their
             presentments
             to
             Churches
             ,
             Prebends
             ,
             and
             other
             Benefices
             of
             holy
             Church
             ,
             to
             which
             they
             had
             right
             to
             present
             ,
             &c.
             
             And
             when
             Judgement
             was
             given
             in
             the
             same
             Court
             upon
             such
             a
             Plea
             and
             Presentment
             ,
             the
             Archbishops
             ,
             Bishops
             ,
             and
             other
             Spiritual
             persons
             ,
             which
             had
             the
             Institutions
             unto
             such
             Benefices
             within
             their
             Jurisdiction
             ,
             were
             bound
             and
             did
             make
             execution
             of
             such
             Judgements
             by
             the
             Kings
             Commandments
             ,
             of
             all
             the
             time
             aforesaid
             without
             interuption
             ,
             &c.
             
          
           
           
             And
             in
             the
             next
             place
             they
             do
             complain
             ,
             that
             of
             late
             divers
             Processes
             had
             then
             been
             made
             by
             the
             Bishop
             of
             Rome
             ,
             and
             Censures
             of
             Excommunication
             upon
             certain
             Bishops
             of
             England
             ,
             because
             they
             had
             made
             execution
             of
             such
             commandments
             to
             the
             open
             desherison
             of
             the
             Crown
             ,
             &c.
             
             And
             further
             complaining
             that
             also
             it
             was
             said
             ,
             and
             a
             common
             clamour
             was
             made
             ,
             that
             the
             said
             Bishops
             of
             Rome
             had
             then
             ordained
             and
             purposed
             to
             translate
             some
             Prelates
             of
             the
             same
             Realm
             ,
             some
             out
             of
             the
             Realm
             without
             the
             Kings
             assent
             and
             knowledge
             ,
             and
             some
             out
             of
             one
             Bishoprick
             into
             another
             ,
             within
             the
             same
             Realme
             ,
             without
             the
             Kings
             assent
             and
             knowledge
             ,
             and
             without
             the
             assent
             of
             the
             Prelates
             so
             to
             be
             translated
             ,
             which
             Prelates
             were
             much
             profitable
             and
             necessary
             to
             the
             King
             and
             his
             Realme
             ;
             by
             which
             the
             Statutes
             of
             the
             Realm
             would
             become
             defeated
             ,
             &c.
             
             And
             nothing
             more
             is
             contained
             in
             the
             said
             Petition
             ,
             but
             what
             concerneth
             the
             premisses
             .
             The
             King
             in
             his
             Answer
             doth
             ordain
             ,
             That
             if
             any
             purchase
             or
             pursue
             ,
             or
             cause
             to
             be
             purchased
             or
             pursued
             in
             the
             Court
             of
             Rome
             ,
             or
             elswhere
             ,
             any
             such
             Translations
             ,
             Processes
             ,
             and
             Sentences
             of
             Excommunication
             ,
             Bulls
             ,
             Instruments
             ,
             or
             any
             other
             thing
             whatsoever
             ,
             which
             touch
             the
             King
             ,
             against
             Him
             ,
             his
             Crown
             and
             Regality
             ,
             or
             his
             Realm
             ,
             as
             is
             aforesaid
             :
             And
             they
             which
             bring
             within
             the
             Realm
             ,
             or
             them
             receive
             ,
             or
             make
             thereof
             notification
             ,
             or
             any
             other
             execution
             whatsoever
             ,
             within
             the
             same
             Realm
             or
             without
             ,
             That
             they
             ,
             their
             Notary
             ,
             Procurators
             ,
             Maintainers
             ,
             Abetters
             ,
             Fautors
             ,
             and
             Counsellors
             ,
             shall
             be
             put
             out
             of
             the
             Kings
             Protection
             ,
             and
             their
             Lands
             and
             Tenements
             ,
             Goods
             and
             Chattels
             forfeited
             to
             our
             Lord
             the
             King
             ,
             that
             they
             may
             be
             attached
             by
             their
             bodies
             ,
             &c.
             
          
           
             In
             these
             antient
             Statutes
             ,
             which
             are
             by
             way
             of
             Petition
             and
             Answer
             ,
             the
             Answer
             hath
             alwayes
             relation
             to
             the
             Petition
             ,
             and
             granteth
             what
             is
             therein
             desired
             ;
             sometimes
             less
             ,
             but
             never
             more
             :
             by
             this
             Petition
             nothing
             is
             desired
             but
             the
             restraint
             of
             the
             Popes
             power
             ,
             and
             assumed
             authority
             in
             those
             things
             therein
             exprest
             ;
             nor
             is
             there
             any
             thing
             more
             in
             the
             Answer
             granted
             ,
             if
             these
             words
             in
             the
             genuine
             sence
             thereof
             be
             duly
             examined
             ,
             which
             can
             be
             no
             other
             then
             this
             .
             If
             any
             purchase
             ,
             &c.
             in
             the
             Court
             of
             Rome
             ,
             or
             elswhere
             from
             the
             Pope
             ,
             or
             any
             Power
             or
             authority
             derived
             from
             him
             ,
             viz.
             either
             in
             his
             Court
             at
             Avignon
             ,
             which
             he
             sometimes
             held
             there
             ,
             or
             any
             other
             Ecclesiasticall
             Court
             under
             his
             Supremacy
             ,
             whether
             beyond
             the
             Seas
             ,
             or
             in
             the
             Realm
             of
             England
             :
             (
             For
             we
             well
             know
             that
             in
             those
             dayes
             the
             Pope
             did
             challenge
             a
             power
             over
             the
             Ecclesiastical
             Courts
             here
             as
             subjected
             unto
             him
             ,
             as
             their
             supreme
             only
             ,
             or
             at
             least
             as
             well
             as
             the
             King
             )
             and
             of
             these
             Courts
             
             and
             none
             other
             can
             this
             
               [
               elsewhere
            
             ]
             be
             understood
             ,
             as
             will
             plainly
             also
             appear
             ,
             by
             the
             things
             specified
             in
             this
             answer
             ,
             to
             be
             purchased
             and
             pursued
             ,
             viz.
             If
             any
             purchase
             or
             pursue
             in
             the
             Court
             of
             Rome
             ,
             or
             elsewhere
             ,
             any
             such
             Translations
             ,
             Processes
             ,
             and
             Sentences
             of
             Excommunications
             ,
             Bulls
             ,
             &c.
             
             Now
             cannot
             these
             things
             ,
             nor
             could
             they
             elsewhere
             ,
             or
             in
             any
             other
             place
             besides
             the
             Court
             of
             Rome
             ,
             be
             purchased
             or
             pursued
             ,
             but
             from
             the
             Pope
             or
             his
             Authority
             in
             those
             other
             Courts
             before
             mentioned
             .
             Again
             ,
             these
             words
             
               [
               else
               where
            
             ]
             were
             necessarily
             inserted
             ,
             and
             necessarily
             to
             be
             understood
             of
             those
             Courts
             under
             the
             Popes
             authority
             ,
             from
             whom
             and
             whose
             authority
             those
             things
             were
             to
             be
             purchased
             and
             pursued
             〈◊〉
             otherwise
             ,
             whosoever
             had
             purchased
             any
             of
             them
             elsewhere
             ,
             to
             wit
             in
             any
             of
             these
             other
             Courts
             ,
             under
             his
             authority
             ,
             and
             not
             in
             the
             Court
             of
             Rome
             ,
             had
             not
             been
             by
             this
             Statute
             lyable
             to
             the
             punishment
             thereof
             .
             But
             some
             perhaps
             may
             say
             ,
             I
             have
             here
             purposely
             waved
             the
             general
             words
             ,
             which
             close
             up
             the
             particular
             specified
             things
             forbidden
             to
             be
             purchased
             ,
             or
             pursued
             ,
             viz.
             Bulls
             ,
             Instruments
             ,
             o●
             any
             other
             things
             whatsoever
             ,
             which
             words
             perhaps
             may
             seem
             to
             have
             relation
             to
             
               [
               else
               where
            
             ]
             and
             be
             thought
             to
             be
             of
             so
             large
             an
             extent
             ,
             that
             the
             words
             
               [
               else
               where
            
             ]
             must
             be
             stretched
             to
             all
             places
             whatsoever
             ,
             beyond
             other
             Courts
             of
             the
             Popes
             ,
             or
             under
             his
             authority
             :
             But
             indeed
             I
             intended
             it
             not
             .
             But
             as
             they
             are
             the
             last
             words
             ,
             which
             close
             up
             the
             particulars
             specified
             ,
             so
             I
             reserved
             them
             to
             the
             last
             place
             ,
             wherein
             I
             shall
             disclose
             and
             clear
             that
             doubt
             .
          
           
             When
             several
             particulars
             then
             of
             the
             same
             nature
             are
             closed
             up
             with
             a
             general
             ,
             that
             general
             comprehendeth
             all
             other
             particulars
             of
             that
             nature
             ,
             and
             nothing
             of
             a
             different
             and
             distinct
             quality
             .
             So
             here
             these
             general
             words
             
               [
               or
               any
               other
               things
               whatsoever
               ]
            
             must
             be
             understood
             of
             any
             other
             thing
             whatsoever
             of
             the
             same
             nature
             with
             those
             Translations
             ,
             Processes
             ,
             &c.
             
          
           
             And
             this
             is
             plain
             enough
             by
             the
             words
             themselves
             ,
             if
             seriously
             observed
             ,
             and
             rightly
             understood
             .
             For
             take
             them
             as
             they
             run
             ,
             and
             they
             carry
             their
             limitation
             with
             them
             ,
             which
             bindeth
             them
             close
             ,
             and
             restraineth
             them
             unto
             what
             precedeth
             in
             the
             Petition
             .
          
           
             And
             as
             the
             
               Court
               of
               Rome
            
             and
             elsewhere
             ,
             have
             relation
             to
             the
             Pope
             ,
             to
             the
             Popes
             Court
             at
             Rome
             ,
             and
             unto
             his
             Courts
             elsewhere
             ,
             so
             must
             these
             words
             
               [
               Instruments
               ,
               and
               other
               things
               whatsoever
               ]
            
             have
             reference
             and
             relation
             thereunto
             .
             And
             then
             take
             these
             words
             ,
             as
             they
             answer
             the
             Petition
             ,
             and
             they
             can
             bear
             no
             other
             sense
             then
             this
             ,
             viz.
             
          
           
             Whereupon
             our
             Lord
             the
             King
             by
             the
             assent
             aforesaid
             ,
             and
             at
             the
             request
             
             of
             the
             said
             Commons
             ,
             hath
             ordained
             and
             established
             ,
             that
             if
             any
             purchase
             or
             pursue
             ,
             or
             cause
             to
             be
             purchased
             or
             pursued
             in
             the
             Popes
             Court
             of
             Rome
             ,
             or
             any
             other
             of
             his
             Courts
             elsewhere
             ,
             any
             such
             Translations
             ,
             Processes
             ,
             and
             Sentences
             of
             Excommunications
             ,
             Bulls
             ,
             Instruments
             ,
             or
             any
             other
             things
             whatsoever
             ,
             which
             touch
             the
             Kings
             protection
             ,
             &c.
             
          
           
             So
             that
             upon
             the
             matter
             Sir
             
               Edward
               Coke
            
             here
             doth
             but
             tell
             us
             how
             these
             parties
             were
             accused
             ,
             against
             whom
             these
             Praemunires
             were
             brought
             ;
             for
             certainly
             this
             Statute
             in
             a
             right
             construction
             could
             not
             be
             applyed
             against
             them
             for
             suing
             in
             the
             Admiralty
             Court.
             And
             his
             instancing
             herein
             plainly
             carraigneth
             the
             Judgement
             which
             he
             before
             used
             for
             an
             argument
             against
             the
             Admirals
             Jurisdiction
             upon
             Ports
             and
             Havens
             ,
             and
             indeed
             may
             sufficiently
             serve
             to
             shew
             how
             groundlesly
             a
             word
             in
             a
             Statute
             may
             be
             ,
             and
             hath
             been
             wrested
             and
             catcht
             at
             ,
             to
             diminish
             and
             straighten
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             and
             enlarge
             the
             already
             extraordinary
             large
             power
             of
             the
             Common
             Law.
             Nor
             are
             these
             Interpretations
             or
             Constructions
             in
             any
             wise
             contemporary
             with
             the
             Statutes
             (
             as
             Sir
             
               Edward
               Coke
            
             would
             have
             them
             )
             but
             taken
             up
             a
             long
             time
             after
             ,
             and
             crept
             into
             their
             Law
             ,
             as
             heresies
             do
             into
             Religion
             ,
             by
             new
             constructions
             of
             Scripture
             :
             Neither
             indeed
             can
             either
             the
             Judgement
             ,
             or
             any
             of
             these
             Praemunires
             instanced
             in
             be
             said
             to
             be
             contemporary
             with
             the
             said
             Statutes
             .
          
           
             For
             further
             proof
             of
             this
             point
             ,
             he
             instanceth
             in
             four
             or
             five
             Prohibitions
             unto
             the
             Court
             of
             Admiralty
             ,
             for
             holding
             plea
             of
             Contracts
             made
             upon
             Ports
             or
             Havens
             ,
             and
             beyond
             the
             Seas
             .
             But
             to
             these
             I
             shall
             give
             an
             answer
             hereafter
             ,
             when
             the
             Contracts
             made
             at
             land
             concerning
             Maritime
             affairs
             shall
             come
             to
             be
             insisted
             upon
             .
          
        
         
           
             CHAP.
             VIII
             .
          
           
             The
             Book-Cases
             and
             Authorities
             brought
             to
             proove
             ,
             that
             the
             Admiral
             hath
             no
             Jurisdiction
             upon
             the
             Ports
             ,
             Creeks
             ,
             and
             Havens
             ,
             answered
             .
          
           
             CErtain
             Book●Cases
             and
             Authorities
             (
             as
             Sir
             
               Edward
               Coke
            
             calleth
             them
             )
             are
             likewise
             urged
             for
             proof
             of
             this
             particular
             ,
             of
             the
             Admirals
             having
             no
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             .
          
           
             1.
             
             Some
             Books
             are
             quoted
             ,
             a
             nothing
             being
             exprest
             what
             
             the
             Books
             say
             ,
             nor
             any
             argument
             deduced
             out
             of
             them
             to
             conclude
             the
             point
             :
             I
             cannot
             therefore
             give
             an
             answer
             to
             an
             argument
             unframed
             ,
             nor
             is
             it
             proper
             for
             me
             ,
             my self
             to
             raise
             an
             argument
             out
             of
             those
             books
             ,
             and
             then
             my self
             to
             frame
             an
             answer
             thereunto
             .
             But
             I
             will
             conceive
             those
             Authorities
             he
             hath
             quoted
             at
             large
             ,
             to
             make
             most
             for
             his
             purpose
             ,
             and
             endeavour
             to
             answer
             unto
             them
             .
          
           
             He
             saith
             
               in
               tempore
               Ed.
               1.
               tit
               .
               Avowry
            
             192.
             b
             a
             Replevin
             was
             brought
             for
             the
             taking
             of
             a
             Ship
             in
             the
             Coast
             of
             Scarborow
             in
             the
             Sea
             ,
             and
             for
             carrying
             the
             same
             from
             thence
             ,
             into
             the
             County
             of
             
               N.
               Mutford
            
             the
             Plaintiffe
             counteth
             of
             a
             taking
             on
             the
             Coast
             of
             Scarborough
             ,
             which
             is
             neither
             Town
             nor
             Place
             out
             of
             which
             a
             Jury
             may
             be
             taken
             ,
             for
             that
             the
             Coast
             is
             four
             miles
             long
             .
          
           
             And
             also
             of
             a
             thing
             done
             in
             the
             Sea
             this
             Court
             hath
             no
             cognizace
             ,
             for
             certain
             Judgement
             thereof
             is
             given
             for
             the
             Mariners
             .
             Berry
             chief
             Justice
             of
             the
             Common-pleas
             ;
             
               The
               King
               willeth
               that
               the
               Peace
               be
               as
               well
               kept
               on
               the
               Sea
               as
               on
               the
               Land
               ;
               and
               we
               find
               that
               you
               are
               come
               hither
               by
               due-process
               ;
               and
               therefore
               ruled
               him
               to
               answer
               .
            
          
           
             Out
             of
             which
             the
             Author
             observeth
             four
             things
             .
          
           
             1.
             
             That
             it
             is
             called
             the
             Sea
             ,
             which
             is
             not
             within
             any
             County
             ,
             from
             whence
             a
             Jury
             may
             come
             .
          
           
             2.
             
             That
             the
             Sea
             (
             being
             not
             within
             any
             County
             )
             is
             not
             within
             the
             Jurisdiction
             of
             the
             Court
             of
             Common-pleas
             ,
             but
             belongs
             to
             the
             Admirals
             Jurisdiction
             .
          
           
             3.
             
             That
             when
             the
             Ship
             came
             within
             the
             River
             ,
             then
             it
             is
             confessed
             to
             be
             within
             the
             County
             of
             Northumberland
             .
          
           
             4.
             
             That
             when
             a
             taking
             is
             partly
             on
             the
             Sea
             ,
             and
             partly
             in
             a
             River
             ,
             the
             Common
             Law
             shall
             have
             Jurisdiction
             .
          
           
             For
             the
             first
             Observation
             ,
             which
             is
             ,
             that
             that
             is
             called
             Sea
             which
             is
             not
             in
             any
             County
             from
             whence
             a
             Jury
             may
             come
             ;
             I
             may
             very
             well
             grant
             it
             ,
             and
             he
             yet
             never
             the
             nearer
             the
             proof
             of
             that
             he
             aimeth
             at
             ,
             viz.
             that
             a
             Port
             or
             Haven
             is
             within
             any
             County
             out
             of
             which
             a
             Jury
             may
             come
             ,
             which
             is
             absolutely
             denied
             ;
             the
             reason
             whereof
             ,
             as
             c
             before
             ,
             so
             shall
             be
             hereafter
             shewed
             .
          
           
             For
             his
             second
             observation
             ,
             that
             the
             Sea
             not
             being
             in
             any
             County
             ,
             is
             not
             within
             the
             Jurisdiction
             of
             the
             Court
             of
             Common-pleas
             ,
             shall
             not
             be
             denyed
             him
             :
             but
             I
             must
             crave
             leave
             to
             observe
             with
             him
             ,
             That
             notwithstanding
             this
             Ship
             was
             taken
             upon
             the
             Seas
             ,
             where
             there
             was
             neither
             Town
             nor
             Place
             from
             whence
             a
             Jury
             could
             be
             taken
             ;
             yet
             Berry
             the
             chief
             Justice
             took
             cognizance
             of
             this
             Cause
             ,
             and
             caused
             Mutford
             to
             answer
             :
             And
             this
             might
             have
             served
             him
             for
             as
             good
             an
             Argument
             to
             have
             
             proved
             the
             Seas
             to
             be
             within
             the
             Jurisdiction
             of
             the
             Common
             Law
             ,
             as
             any
             that
             he
             hath
             used
             to
             prove
             the
             Ports
             and
             Havens
             to
             be
             within
             the
             bodies
             of
             Counties
             ,
             and
             out
             of
             the
             jurisdiction
             of
             the
             Admiralty
             .
          
           
             For
             his
             third
             Observation
             ,
             which
             is
             ,
             that
             when
             the
             Ship
             came
             within
             the
             River
             ,
             it
             is
             confest
             to
             be
             within
             the
             County
             of
             Northumberland
             :
             I
             conceive
             ,
             if
             Mutford
             might
             at
             the
             Common
             Law
             have
             pleaded
             two
             Pleas
             ,
             which
             in
             many
             cases
             is
             necessary
             ,
             and
             allowable
             by
             the
             Civil
             Law
             ,
             he
             would
             as
             well
             have
             denyed
             ,
             that
             ever
             he
             carried
             the
             Ship
             into
             the
             County
             of
             Northumberland
             ,
             as
             he
             did
             averre
             that
             he
             took
             her
             upon
             the
             Seas
             :
             and
             silence
             is
             not
             a
             consent
             ,
             or
             confession
             ,
             where
             a
             man
             is
             tyed
             to
             one
             plea
             ;
             and
             hath
             divers
             to
             plead
             :
             This
             therefore
             is
             neither
             confessed
             by
             Mutford
             ,
             or
             any
             else
             ,
             but
             by
             the
             Author
             himself
             ,
             and
             such
             as
             are
             of
             his
             party
             :
             for
             Berry
             neither
             affirmeth
             nor
             determineth
             any
             such
             thing
             ,
             or
             causeth
             him
             to
             answer
             upon
             any
             such
             ground
             ,
             but
             upon
             this
             ground
             ,
             that
             the
             King
             willeth
             the
             peace
             to
             be
             kept
             as
             well
             on
             the
             sea
             as
             on
             the
             land
             :
             And
             indeed
             the
             grounds
             are
             both
             kept
             alike
             to
             sound
             the
             cognizance
             of
             this
             Cause
             in
             the
             Court
             of
             Common-pleas
             ,
             whereas
             the
             King
             ,
             that
             willeth
             the
             peace
             to
             be
             kept
             as
             well
             on
             the
             seas
             as
             on
             the
             land
             ,
             hath
             provided
             ,
             instituted
             and
             appointed
             from
             antient
             ,
             and
             farre
             past
             times
             ,
             distinct
             Judges
             ,
             Justices
             and
             Officers
             for
             the
             keeping
             thereof
             on
             the
             one
             hand
             ,
             and
             on
             the
             other
             :
             The
             Admiral
             ,
             his
             Deputies
             ,
             and
             other
             Justices
             with
             him
             appointed
             for
             the
             keeping
             thereof
             upon
             the
             Seas
             ;
             and
             the
             Judges
             of
             the
             Land
             ,
             and
             other
             Justices
             with
             them
             appointed
             for
             the
             keeping
             thereof
             upon
             the
             Land
             ;
             and
             neither
             have
             to
             do
             with
             the
             others
             Jurisdictions
             :
             So
             that
             I
             cannot
             conceive
             ,
             nor
             can
             I
             grant
             chief
             Justice
             Berrys
             ground
             ,
             whereon
             he
             founded
             this
             Replevin
             ,
             and
             the
             taking
             this
             Cause
             into
             cognizance
             to
             be
             
               Terra
               firma
            
             .
             And
             as
             for
             that
             which
             Sir
             
               Edward
               Coke
            
             would
             have
             to
             be
             the
             ground
             of
             this
             Replevin
             ,
             and
             cognition
             of
             this
             Cause
             ,
             namely
             because
             ,
             after
             she
             was
             taken
             at
             Sea
             ,
             she
             was
             carried
             into
             a
             Port
             or
             Haven
             ,
             which
             he
             accounteth
             to
             be
             within
             the
             body
             of
             a
             County
             :
             If
             this
             should
             be
             allowed
             for
             a
             good
             ground
             ,
             then
             must
             all
             Reprizals
             taken
             at
             Sea
             by
             Letters
             of
             Marque
             ,
             and
             brought
             into
             the
             Port
             and
             Haven
             ,
             be
             exempted
             from
             their
             condemnation
             in
             the
             Admiralty
             Court
             for
             lawfull
             prize
             ,
             and
             may
             be
             set
             free
             by
             a
             Replevin
             granted
             from
             the
             Common
             Law
             ;
             and
             whatsoever
             fact
             done
             upon
             the
             Seas
             ,
             either
             by
             ship
             or
             man
             ,
             the
             ship
             or
             man
             repairing
             to
             Port
             or
             Haven
             ,
             Justice
             must
             be
             had
             against
             them
             from
             the
             Common
             
             Law
             :
             So
             that
             by
             this
             construction
             ,
             the
             Admiral
             shall
             have
             no
             cognizance
             of
             piracy
             ,
             robberies
             ,
             &c.
             committed
             at
             Sea
             ,
             either
             by
             the
             course
             of
             the
             Civil
             Law
             ,
             or
             by
             the
             course
             of
             the
             Law
             of
             the
             Land
             upon
             the
             before
             mentioned
             Statute
             of
             Hen.
             8.
             but
             if
             the
             Pyrats
             ,
             or
             Robbers
             ,
             &c.
             shall
             escape
             ,
             and
             bring
             that
             which
             they
             have
             stoln
             ,
             or
             by
             violence
             taken
             away
             ,
             &c.
             into
             any
             Port
             ,
             or
             Haven
             or
             to
             land
             ,
             this
             pyracy
             ,
             robbery
             ,
             &c.
             shall
             be
             tryed
             at
             the
             Common
             Law.
             And
             as
             well
             may
             it
             be
             said
             that
             if
             they
             shall
             be
             taken
             upon
             the
             Sea
             ,
             and
             afterwards
             be
             brought
             into
             any
             Port
             ,
             or
             Haven
             ,
             or
             to
             land
             ,
             that
             then
             the
             Admirals
             Jurisdiction
             ceaseth
             ,
             and
             the
             tryal
             belongs
             to
             the
             Common
             Law
             :
             So
             that
             the
             Admiral
             must
             go
             set
             up
             his
             Tribunal
             upon
             the
             high
             Seas
             (
             as
             Sir
             
               Ed.
               Coke
            
             distinguisheth
             them
             )
             if
             he
             will
             have
             any
             Jurisdiction
             at
             all
             .
             And
             whatsoever
             injury
             shall
             happen
             to
             be
             done
             at
             Sea
             by
             one
             Ship
             unto
             another
             ,
             the
             Ship
             which
             did
             the
             injury
             ,
             by
             repairing
             to
             her
             Port
             or
             Haven
             ,
             shall
             free
             her self
             from
             the
             judgment
             of
             the
             Admiralty
             Court
             ,
             &c.
             and
             the
             Common
             Law
             shall
             free
             the
             Judge
             of
             the
             Admiralty
             ,
             and
             all
             the
             Officers
             belonging
             to
             that
             Court
             from
             any
             further
             attendance
             there
             ,
             which
             doubtless
             was
             the
             aim
             of
             the
             Author
             ,
             as
             will
             plainly
             appear
             ,
             when
             I
             shall
             come
             to
             sum
             up
             all
             he
             would
             have
             :
             And
             I
             wish
             it
             be
             not
             the
             aim
             of
             a
             great
             many
             still
             ,
             whose
             aim
             for
             their
             own
             ends
             must
             necessarily
             be
             destructive
             to
             a
             general
             good
             ,
             as
             shall
             be
             likewise
             hereafter
             shewn
             .
          
           
             For
             the
             Fourth
             Observation
             ,
             which
             is
             that
             when
             a
             taking
             is
             partly
             on
             the
             Sea
             ,
             and
             partly
             in
             a
             River
             ,
             the
             Common
             Law
             shall
             have
             the
             jurisdiction
             .
          
           
             For
             this
             partly
             taking
             on
             the
             Sea
             ,
             and
             partly
             on
             the
             River
             ,
             I
             must
             confess
             I
             know
             not
             how
             it
             can
             be
             :
             for
             a
             Ship
             is
             either
             taken
             or
             not
             taken
             ,
             when
             she
             is
             taken
             at
             Sea
             ;
             or
             taken
             or
             not
             taken
             ,
             when
             she
             is
             taken
             upon
             the
             River
             ,
             unless
             we
             can
             say
             that
             one
             part
             of
             the
             Ship
             was
             upon
             the
             Sea
             ,
             and
             the
             other
             part
             of
             her
             upon
             the
             River
             ,
             at
             the
             very
             instant
             time
             of
             her
             taking
             .
             But
             if
             the
             jurisdiction
             of
             the
             Admiralty
             may
             have
             its
             right
             ,
             we
             shall
             have
             no
             need
             of
             a
             Mathematitian
             to
             strike
             a
             line
             between
             the
             Sea
             and
             the
             River
             ,
             to
             make
             the
             distinction
             ,
             for
             indeed
             this
             distinction
             will
             be
             altogether
             needless
             .
          
           
             But
             this
             Observation
             having
             relation
             to
             the
             matter
             of
             fact
             from
             whence
             it
             is
             drawn
             ,
             this
             meaning
             of
             taking
             partly
             on
             the
             Sea
             ,
             and
             partly
             on
             the
             River
             ,
             must
             be
             that
             a
             Ship
             is
             so
             taken
             ,
             when
             she
             is
             first
             taken
             at
             Sea
             ,
             and
             then
             brought
             into
             some
             Port
             or
             Harbour
             ,
             which
             I
             shall
             leave
             to
             the
             judgement
             of
             the
             world
             ,
             whether
             
             this
             Ship
             was
             taken
             on
             the
             Sea
             ,
             or
             on
             the
             River
             ,
             or
             can
             be
             said
             to
             be
             taken
             partly
             on
             the
             Sea
             ,
             and
             partly
             on
             the
             River
             .
          
           
             And
             if
             this
             shall
             be
             determined
             to
             be
             a
             taking
             partly
             upon
             the
             Sea
             ,
             and
             partly
             upon
             the
             River
             ;
             and
             that
             therefore
             the
             Common
             Law
             shall
             take
             cognizance
             thereof
             ;
             I
             must
             say
             (
             as
             I
             said
             before
             )
             the
             Common
             Law
             hereby
             shall
             take
             the
             whole
             Jurisdiction
             of
             the
             Admiral
             to
             it self
             .
             For
             what
             ship
             can
             be
             taken
             at
             sea
             ,
             or
             to
             what
             end
             shall
             any
             ship
             be
             taken
             at
             Sea
             ,
             if
             she
             shall
             not
             be
             brought
             into
             some
             Port
             or
             Haven
             ,
             that
             she
             and
             her
             goods
             may
             be
             there
             disposed
             of
             ?
             And
             indeed
             all
             Ships
             that
             be
             there
             taken
             by
             Letters
             of
             Marque
             ,
             must
             be
             brought
             into
             Port
             or
             Haven
             before
             they
             break
             bulk
             :
             And
             the
             Common
             Law
             shall
             hereby
             cast
             off
             all
             Rules
             ,
             and
             Laws
             of
             the
             Sea
             ,
             whereby
             causes
             of
             that
             nature
             have
             been
             always
             (
             such
             interruptions
             excepted
             )
             discussed
             ,
             tryed
             ,
             and
             determined
             between
             us
             and
             foraign
             Nations
             ,
             and
             between
             our
             own
             Merchants
             ,
             and
             sea-faring
             men
             ,
             and
             try
             ,
             and
             determine
             them
             without
             either
             Rule
             or
             Law
             :
             For
             I
             could
             never
             yet
             find
             that
             the
             Common
             Law
             ever
             afforded
             either
             Books
             ,
             or
             Presidents
             to
             guide
             or
             direct
             them
             in
             the
             adjudging
             ,
             and
             determining
             of
             causes
             of
             that
             nature
             ,
             which
             is
             a
             thing
             most
             requisite
             and
             necessary
             ,
             the
             Forraigner
             (
             between
             whom
             and
             us
             such
             cases
             for
             the
             most
             part
             happen
             )
             expecting
             to
             have
             his
             Ship
             and
             goods
             confiscated
             and
             condemned
             ,
             or
             quit
             ,
             and
             restored
             upon
             the
             same
             terms
             ,
             and
             according
             to
             the
             same
             Proceedings
             ,
             Rules
             and
             Laws
             ,
             as
             ours
             are
             in
             foraign
             parts
             ,
             which
             the
             Common
             Law
             affordeth
             not
             ,
             being
             onely
             a
             municipal
             Law
             for
             the
             guiding
             and
             governing
             of
             the
             Subjects
             of
             this
             Nation
             in
             their
             land
             affairs
             at
             home
             .
          
           
             Again
             I
             would
             gladly
             know
             how
             this
             Observation
             agreeth
             with
             Lacies
             Case
             ,
             ;
             where
             one
             was
             stricken
             on
             the
             Seas
             ,
             and
             dyed
             on
             the
             Land
             ,
             the
             Common
             Law
             could
             not
             try
             this
             murther
             ;
             and
             Serjeant
             Callis
             in
             his
             reading
             at
             Grays-Inn
             ,
             An.
             1622.
             
               in
               prima
               Lectura
            
             p.
             19.
             d
             giveth
             this
             reason
             thereof
             ,
             because
             that
             tryal
             was
             to
             be
             by
             a
             Jury
             which
             must
             come
             out
             of
             a
             proper
             County
             ,
             which
             could
             not
             in
             this
             case
             ,
             because
             the
             Sea
             was
             not
             within
             any
             County
             .
             In
             this
             case
             the
             party
             received
             a
             mortal
             wound
             at
             Sea
             ,
             and
             was
             brought
             unto
             Land
             and
             there
             dyed
             ;
             in
             the
             other
             case
             ,
             the
             Ship
             was
             taken
             at
             Sea
             ,
             but
             brought
             into
             a
             Haven
             ,
             and
             there
             unladen
             ;
             here
             the
             party
             may
             more
             properly
             be
             said
             to
             be
             partly
             killed
             at
             Sea
             ,
             and
             partly
             killed
             at
             Land
             ,
             then
             the
             Ship
             can
             be
             said
             to
             be
             partly
             taken
             at
             Sea
             ,
             and
             partly
             taken
             at
             Land
             ,
             and
             yet
             the
             Land
             shall
             not
             find
             a
             Jury
             for
             tryal
             of
             one
             ,
             but
             the
             Sea
             Port
             shall
             find
             
             a
             Jury
             for
             the
             tryall
             of
             the
             other
             ,
             which
             I
             shall
             leave
             to
             be
             observed
             upon
             this
             his
             fourth
             observation
             ,
             how
             farre
             the
             same
             will
             hold
             water
             .
          
           
             Next
             he
             urgeth
             that
             8
             
               Ed.
               2.
               tit
               .
               Coron
            
             .
             399.
             it
             is
             no
             part
             of
             the
             Sea
             where
             one
             may
             see
             what
             is
             done
             on
             one
             part
             of
             the
             water
             ,
             and
             of
             the
             other
             ;
             as
             to
             see
             from
             one
             Land
             to
             another
             :
             And
             that
             the
             Coroner
             shall
             exercise
             his
             Office
             in
             this
             case
             ,
             and
             that
             of
             this
             the
             Country
             may
             have
             knowledge
             ,
             whereby
             it
             appears
             (
             saith
             he
             )
             that
             things
             done
             there
             are
             tryable
             by
             the
             Country
             (
             that
             is
             is
             to
             say
             by
             Jury
             )
             and
             consequently
             not
             by
             the
             Admiralty
             Court.
             
          
           
             And
             after
             in
             another
             place
             of
             the
             same
             chapter
             he
             urgeth
             
               Stamford
               l.
               1.
               part
               .
               Coron
               .
               fol.
            
             51.
             6.
             e
             to
             this
             very
             purpose
             :
             the
             reducing
             which
             together
             can
             be
             no
             wrong
             to
             his
             Argument
             ,
             but
             rather
             a
             strengthening
             ;
             for
             
               vis
               unita
               fortior
            
             ,
             and
             so
             undertake
             the
             answering
             of
             both
             together
             .
          
           
             And
             this
             is
             that
             (
             which
             he
             saith
             )
             Stamford
             saith
             :
             If
             one
             be
             slain
             upon
             an
             arme
             of
             the
             Sea
             ,
             where
             a
             man
             may
             see
             the
             land
             of
             one
             part
             and
             of
             the
             other
             ,
             the
             Coroner
             shall
             enquire
             of
             this
             ,
             and
             not
             the
             Admiral
             ,
             because
             the
             Country
             may
             take
             cognizance
             ,
             and
             doth
             vouch
             the
             said
             authority
             of
             8
             Ed.
             2.
             whereupon
             he
             concludeth
             in
             these
             words
             :
             So
             this
             proveth
             that
             by
             the
             Common
             Law
             before
             the
             Statute
             of
             2.
             
             H.
             4.
             the
             Admiral
             had
             no
             Jurisdiction
             but
             upon
             the
             high
             Sea
             ;
             which
             only
             authority
             (
             saith
             Sir
             
               Edward
               Coke
            
             )
             is
             sufficient
             to
             over-rule
             all
             the
             said
             questions
             ;
             for
             (
             saith
             he
             )
             hereby
             it
             appeareth
             ,
             that
             the
             Jurisdiction
             of
             the
             Admiral
             is
             only
             confined
             by
             the
             Common
             Law
             to
             the
             high
             Sea
             ,
             and
             agreeth
             with
             all
             the
             Book-cases
             and
             Acts
             of
             Parliament
             .
          
           
             For
             the
             first
             8
             Ed.
             2.
             which
             saith
             that
             it
             is
             no
             part
             of
             the
             Sea
             where
             one
             may
             see
             what
             is
             done
             on
             one
             part
             of
             the
             water
             ,
             and
             on
             the
             other
             ;
             that
             is
             indeed
             to
             be
             on
             the
             one
             side
             of
             the
             River
             ,
             and
             see
             &
             discern
             what
             is
             done
             on
             the
             other
             ;
             and
             that
             must
             be
             so
             to
             see
             and
             discern
             ,
             that
             he
             may
             perfectly
             judge
             of
             the
             action
             ,
             yea
             ,
             and
             certainly
             of
             the
             party
             acting
             too
             ,
             else
             can
             this
             seeing
             be
             to
             no
             purpose
             .
             And
             hereby
             it
             may
             appear
             that
             the
             Admiral
             had
             in
             those
             times
             Jurisdiction
             upon
             all
             ebbing
             and
             flowing
             Rivers
             ,
             so
             farre
             as
             they
             continued
             of
             such
             breadth
             ,
             that
             one
             standing
             on
             the
             one
             side
             of
             the
             River
             could
             not
             see
             nor
             discern
             what
             was
             done
             ,
             and
             by
             whom
             on
             the
             other
             side
             :
             So
             that
             his
             Jurisdiction
             in
             some
             places
             extendeth
             farre
             above
             the
             first
             Bridges
             ;
             for
             what
             man
             is
             so
             quick-sighted
             ,
             that
             standing
             on
             the
             one
             side
             of
             the
             Thames
             ,
             above
             the
             Bridge
             ,
             can
             so
             discern
             as
             to
             judge
             of
             the
             actions
             of
             men
             
             on
             the
             other
             ;
             and
             who
             ,
             and
             what
             manner
             of
             men
             they
             are
             ?
             For
             to
             see
             ,
             and
             not
             so
             exactly
             and
             judiciously
             discern
             in
             the
             adjudging
             of
             such
             actions
             ,
             is
             as
             much
             as
             not
             to
             have
             seen
             at
             all
             .
          
           
             But
             this
             being
             too
             ambiguous
             and
             uncertain
             a
             distinction
             between
             the
             Sea
             Jurisdiction
             ,
             and
             the
             Land
             ,
             by
             reason
             of
             the
             different
             breadths
             in
             one
             and
             the
             same
             River
             ,
             and
             the
             different
             apprehension
             of
             things
             by
             several
             mens
             eyes
             ,
             and
             difference
             of
             the
             aire
             at
             several
             times
             ,
             being
             sometimes
             thick
             and
             cloudy
             ,
             sometimes
             serene
             and
             clear
             :
             The
             next
             Bridges
             unto
             the
             Seas
             have
             been
             alwayes
             held
             the
             most
             certain
             distinction
             between
             them
             .
             But
             indeed
             this
             Record
             is
             stretcht
             further
             ,
             and
             indeed
             so
             farre
             that
             it
             is
             impossible
             it
             should
             hold
             ;
             for
             by
             Sir
             
               Edward
               Coke
            
             it
             is
             thus
             set
             down
             :
             It
             is
             no
             part
             of
             the
             Sea
             where
             one
             may
             see
             what
             is
             done
             on
             one
             part
             of
             the
             water
             ,
             and
             of
             the
             other
             (
             as
             to
             see
             from
             one
             land
             to
             the
             other
             )
             as
             if
             there
             was
             no
             difference
             between
             seeing
             what
             is
             done
             on
             the
             one
             part
             ,
             and
             the
             other
             ,
             and
             seeing
             from
             one
             land
             to
             the
             other
             .
             Here
             to
             make
             sure
             work
             with
             the
             Ports
             and
             Havens
             ,
             and
             to
             bring
             them
             within
             the
             compass
             of
             the
             Coroners
             Office
             ,
             he
             will
             bring
             the
             main
             Sea
             ,
             his
             
               altum
               mare
            
             ,
             likewise
             within
             the
             compass
             thereof
             :
             For
             he
             that
             will
             make
             that
             to
             be
             no
             part
             of
             the
             Sea
             where
             one
             may
             see
             from
             one
             land
             to
             the
             other
             ,
             must
             needs
             make
             France
             and
             England
             to
             be
             one
             Continent
             ,
             which
             I
             see
             he
             spareth
             not
             to
             do
             ,
             against
             the
             opinion
             of
             the
             world
             ;
             for
             sure
             I
             am
             a
             man
             may
             see
             from
             Dover
             to
             Callis
             ,
             and
             yet
             all
             men
             have
             accounted
             Callis
             beyond
             the
             seas
             ,
             from
             Dover
             ,
             and
             Dover
             beyond
             the
             seas
             from
             Callis
             ;
             and
             yet
             for
             all
             this
             ,
             if
             it
             were
             possible
             with
             modesty
             to
             grant
             him
             so
             much
             ,
             yet
             can
             I
             not
             grant
             that
             ,
             because
             the
             Coroner
             might
             exercise
             his
             Office
             in
             this
             case
             ,
             therefore
             the
             Admiral
             cannot
             exercise
             his
             ;
             for
             it
             is
             but
             
               argumentum
               ex
               contingenti
               ,
               non
               ex
               necessario
               .
            
          
           
             Now
             for
             that
             which
             he
             hath
             out
             of
             Stamford
             f
             to
             the
             same
             purpose
             ,
             but
             useth
             in
             another
             place
             of
             the
             same
             chapter
             to
             make
             his
             arguments
             seem
             the
             more
             in
             number
             .
             Stamford
             is
             not
             so
             confident
             of
             the
             truth
             of
             this
             assertion
             ,
             as
             he
             is
             ,
             and
             puts
             it
             not
             as
             his
             opinion
             agreeing
             with
             the
             Record
             ,
             but
             by
             way
             of
             a
             quaere
             ,
             seeking
             only
             what
             may
             be
             inferred
             from
             that
             Record
             .
          
           
             He
             in
             that
             place
             sets
             down
             the
             diversity
             of
             opinions
             of
             their
             Books
             ,
             concerning
             the
             extent
             of
             the
             Coroners
             Office
             ;
             and
             saith
             that
             Nedham
             saith
             ,
             
               Que
               Coroner
               ne
               poit
               inquirer
               das
               cun
               felony
               fo
               rs
               que
               de
               mort
               d'
               homme
               :
            
             that
             the
             Coroner
             cannot
             enquire
             of
             any
             felony
             but
             of
             the
             death
             of
             a
             man
             ,
             and
             yet
             he
             saith
             
               que
               in
            
             Northumberland
             g
             
               ils
               inquir
               oient
               de
               touts
               felonies
               mes
               cel
               authoritie
               ils
               maintenont
               per
               
               praescription
               ,
               &c.
               
            
             That
             in
             Northumberland
             they
             enquire
             of
             all
             felonies
             ,
             but
             this
             authority
             they
             maintain
             by
             prescription
             ;
             and
             he
             saith
             that
             
               tit
               .
               coron
               .
               in
               Fitz.
               H.
               p.
               206.
               present
               fuist
               devant
               le
               Coroner
               que
               un
               tiel
               prise
               pur
               felony
               conduct
               fuit
               ad
               Esglise
               per
               certem
               freres
               &
               adjudge
               vois
               presentment
               eo
               que
               il
               ne
               parent
               inquirer
               de
               ceo
               ,
               h
               ratione
               officii
               ,
               &c.
               
            
             It
             was
             presented
             before
             the
             Coroner
             ,
             that
             such
             a
             one
             taken
             for
             felony
             was
             conveyed
             to
             the
             Church
             of
             certain
             Fryers
             ,
             and
             it
             was
             adjudged
             a
             void
             Presentment
             ,
             because
             he
             could
             not
             enquire
             thereof
             by
             virtue
             of
             his
             Office
             ,
             &c.
             then
             he
             quoteth
             Britton
             i
             fol.
             3.
             on
             the
             contrary
             ,
             who
             saith
             
               Que
               il
               parent
               inquirer
               de
               rape
               de
               femme
               &
               de
               debruser
               de
               prison
               quex
               sont
               autor
               felonies
               que
               nest
               mort
               d'
               homme
               ,
               &c.
               
            
             That
             he
             may
             enquire
             of
             the
             ravishment
             of
             a
             woman
             ,
             and
             of
             breaking
             of
             prison
             ,
             which
             are
             other
             felonies
             ,
             which
             are
             not
             of
             the
             death
             of
             a
             man.
             Then
             followeth
             that
             which
             is
             here
             urged
             after
             this
             uncertainty
             of
             the
             Coroners
             power
             ,
             thus
             set
             down
             :
             
               Ideo
               quaere
               ,
               &c.
               si
               un
               soit
               occise
               on
               rees
               in
               les
               bracher
               on
               sauses
               del
               meere
               lon
               homme
               pent
               veier
               terre
               '
               d
               un
               part
               &
               d'
               autor
               ,
               le
               Coron
               .
               inquira
               de
               ceo
               &
               nemy
               Admirall
               eo
               qui
               le
               pais
               rent
               been
               de
               ceo
               aver
               conusance
               ;
               Quod
               vide
               titulo
               praedicto
            
             k
             
               p.
               399.
               
               Issint
               ceo
               prova
               que
               per
               Comon
               ley
               devant
               le
               Statut
               An.
               2
               H.
               4.
               c.
               11.
               l'
               Admirall
               naver
               Jurisdiction
               se
               non
               sur
               le
               haut
               meere
               ,
            
             wherein
             he
             mis-quoteth
             the
             said
             Statute
             ,
             and
             doth
             not
             rightly
             urge
             the
             words
             thereof
             ,
             there
             being
             no
             such
             word
             as
             haut
             either
             in
             that
             Statute
             ,
             or
             in
             the
             Statute
             of
             13
             Rich.
             2.
             of
             which
             the
             latter
             is
             only
             a
             confirmation
             with
             a
             penalty
             ,
             the
             words
             being
             only
             
               sur
               le
               meere
            
             ,
             and
             not
             
               sur
               le
               haut
               meere
            
             ;
             and
             from
             this
             mis-cyting
             he
             raiseth
             a
             doubt
             ,
             which
             otherwise
             would
             have
             been
             none
             ,
             
               Ideo
               quaere
            
             ,
             therefore
             seek
             or
             be
             advised
             ,
             whether
             or
             not
             ,
             if
             one
             be
             slain
             upon
             any
             arme
             of
             the
             Sea
             ,
             where
             a
             man
             may
             see
             the
             Land
             on
             one
             part
             and
             on
             the
             other
             ,
             the
             Coroner
             shall
             enquire
             thereof
             ,
             and
             not
             the
             Admiral
             ;
             because
             ,
             or
             for
             that
             the
             Country
             may
             take
             cognizance
             of
             it
             ,
             which
             (
             saith
             he
             )
             see
             in
             the
             said
             title
             p.
             399.
             
             So
             (
             saith
             Sir
             
               Edward
               Coke
            
             )
             this
             that
             is
             deduced
             and
             drawn
             from
             this
             authority
             ,
             doth
             prove
             that
             by
             the
             Common
             Law
             ,
             before
             this
             Statute
             of
             2
             
               H.
               4.
               c.
            
             11.
             the
             Admiral
             had
             no
             Jurisdiction
             but
             upon
             the
             high
             sea
             ,
             whereas
             Stamfords
             Quaere
             resteth
             still
             upon
             this
             point
             ;
             and
             he
             declareth
             not
             his
             own
             opinion
             therein
             ,
             but
             leaveth
             this
             as
             doubtful
             still
             ,
             as
             he
             did
             the
             extent
             of
             the
             Coroners
             Office
             concerning
             Felonies
             before
             ,
             which
             he
             might
             very
             well
             do
             ,
             this
             being
             raised
             upon
             so
             mistaken
             a
             ground
             ,
             which
             if
             it
             had
             been
             rightly
             cited
             ,
             he
             might
             have
             easily
             determined
             against
             Mr.
             
               Coro●●
               ▪
            
             and
             have
             left
             no
             doubt
             behind
             him
             .
          
           
             Now
             we
             may
             see
             plainly
             by
             what
             Sir
             
               Edward
               Coke
            
             saith
             in
             the
             
             first
             place
             ,
             where
             he
             voucheth
             this
             Record
             ,
             that
             the
             Record
             (
             as
             I
             said
             before
             )
             is
             very
             far
             stretcht
             ,
             and
             part
             which
             is
             from
             thence
             deduced
             and
             drawn
             very
             far
             fetcht
             ,
             to
             make
             seeing
             what
             is
             done
             on
             one
             part
             of
             the
             water
             ,
             and
             of
             the
             other
             ,
             to
             be
             seeing
             from
             one
             Land
             to
             the
             other
             ;
             this
             by
             no
             Logical
             Rule
             can
             be
             allowed
             ;
             the
             other
             may
             ,
             That
             is
             ,
             a
             seeing
             from
             Land
             to
             Land
             ,
             with
             the
             limitation
             before
             mentioned
             ,
             viz.
             to
             so
             to
             see
             as
             perfectly
             to
             discern
             what
             is
             done
             on
             the
             other
             part
             of
             the
             water
             .
             Take
             this
             seeing
             then
             with
             that
             limitation
             ,
             without
             which
             it
             is
             as
             good
             as
             no
             seeing
             (
             for
             a
             man
             to
             see
             ,
             and
             not
             discern
             what
             he
             seeth
             to
             guide
             and
             direct
             his
             Judgement
             ,
             helpeth
             that
             man
             nothing
             in
             his
             knowledge
             of
             what
             he
             is
             about
             to
             judge
             by
             his
             seeing
             )
             as
             I
             have
             said
             before
             .
             For
             doubtless
             the
             foundation
             of
             this
             opinion
             ,
             if
             it
             can
             be
             founded
             upon
             any
             reason
             (
             which
             all
             opinions
             are
             pretended
             to
             be
             )
             must
             be
             that
             the
             witnesses
             being
             on
             Land
             on
             one
             side
             of
             the
             River
             may
             before
             the
             Coroner
             give
             their
             testimonies
             to
             the
             Jury
             of
             and
             concerning
             a
             fact
             ,
             which
             they
             saw
             and
             discerned
             to
             be
             done
             ,
             and
             how
             and
             in
             what
             manner
             the
             same
             was
             done
             on
             the
             other
             side
             ,
             and
             so
             
               ex
               consequenti
            
             of
             a
             fact
             done
             ,
             and
             how
             and
             in
             what
             manner
             the
             same
             was
             done
             upon
             the
             same
             River
             ,
             in
             what
             part
             thereof
             soever
             ,
             even
             in
             the
             extream
             part
             thereof
             towards
             the
             other
             side
             to
             the
             very
             bank
             ;
             for
             that
             a
             quarrel
             ,
             &c.
             might
             ,
             or
             may
             be
             begun
             on
             one
             side
             ,
             or
             in
             the
             midst
             ,
             or
             on
             any
             other
             part
             thereof
             ,
             and
             be
             determined
             by
             the
             death
             of
             one
             or
             more
             ,
             on
             the
             extream
             part
             thereof
             ,
             toward
             the
             other
             side
             ,
             that
             there
             may
             be
             some
             colour
             to
             fetch
             a
             fact
             done
             upon
             such
             a
             River
             within
             Mr.
             Coroners
             cognizance
             ,
             and
             the
             rather
             because
             the
             witnesses
             upon
             the
             shore
             might
             happily
             be
             land-men
             ,
             which
             by
             his
             authority
             might
             be
             called
             to
             give
             their
             testimony
             in
             such
             a
             case
             :
             whereas
             in
             case
             the
             like
             fact
             should
             happen
             to
             be
             committed
             in
             a
             Ship
             ,
             or
             other
             Vessel
             upon
             the
             Port
             or
             Haven
             ,
             where
             the
             witnesses
             present
             at
             such
             fact
             ,
             and
             might
             see
             and
             discern
             the
             same
             ,
             for
             the
             most
             part
             were
             sea-men
             ,
             which
             had
             recourse
             usually
             to
             other
             Ships
             and
             Vessels
             ,
             as
             well
             as
             the
             same
             where
             the
             fact
             was
             done
             ,
             and
             committed
             ,
             and
             were
             and
             might
             be
             without
             the
             reach
             of
             his
             power
             and
             authority
             ,
             or
             any
             other
             ,
             except
             the
             Admirals
             ,
             who
             (
             if
             they
             were
             in
             any
             Ship
             or
             Vessel
             at
             an
             Anchor
             ,
             either
             on
             the
             Sea
             ,
             or
             on
             the
             Haven
             or
             Port
             )
             by
             his
             authority
             might
             call
             them
             ,
             and
             have
             their
             testimony
             ;
             or
             if
             gone
             in
             any
             voyage
             to
             any
             forain
             parts
             ,
             might
             by
             Commssion
             have
             them
             examined
             
               sub
               mutuo
               vicissitudinis
               obtentu
            
             ,
             and
             receive
             their
             testimony
             .
             Now
             this
             seeing
             being
             rightly
             thus
             understood
             ,
             the
             
             Lord
             high
             Admiral
             of
             England
             will
             not
             so
             soon
             ,
             nor
             so
             easily
             be
             thrust
             out
             of
             his
             Jurisdiction
             upon
             the
             Ports
             ,
             and
             Havens
             of
             the
             Sea
             ,
             by
             the
             Coroner
             of
             a
             County
             ,
             or
             by
             the
             Common
             Law
             eitheir
             ,
             as
             Sir
             
               Edward
               Coke
            
             by
             that
             which
             is
             deduced
             and
             drawn
             from
             this
             authority
             ,
             would
             have
             him
             .
          
           
             Yet
             (
             saith
             Sir
             
               Edward
               Coke
            
             )
             this
             onely
             Authority
             is
             sufficient
             to
             over-rule
             all
             the
             said
             questions
             :
             For
             (
             saith
             he
             )
             hereby
             it
             appeareth
             that
             the
             Jurisdiction
             of
             the
             Admiral
             is
             onely
             confined
             by
             the
             Common
             Law
             to
             the
             high
             Sea
             ,
             and
             affirmeth
             that
             it
             agreeth
             with
             all
             his
             former
             Book-cases
             ,
             and
             Acts
             of
             Parliament
             :
             For
             the
             Book-cases
             ,
             I
             cannot
             deny
             ,
             but
             that
             they
             are
             much
             alike
             ,
             but
             all
             of
             them
             together
             not
             sufficient
             to
             make
             a
             sufficient
             proof
             ,
             for
             that
             which
             he
             would
             have
             ,
             and
             against
             that
             which
             is
             denied
             him
             .
             For
             its
             agreeing
             with
             the
             Acts
             of
             Parliament
             ,
             I
             wonder
             he
             should
             averre
             it
             ,
             seeing
             this
             very
             point
             ,
             even
             in
             this
             particular
             concerning
             the
             death
             of
             a
             man
             upon
             the
             Ports
             ,
             and
             Havens
             ,
             is
             so
             clean
             contrary
             to
             what
             the
             Statute
             of
             15
             of
             
               Rich.
               2.
               c.
            
             3.
             l
             in
             express
             words
             saith
             ;
             
               de
               mort
               de
               homme
               &
               de
               maheym
               fitz
               en
               grosses
               niefs
               esteantz
               ethoverantz
               en
               my
               le
               haut
               fil
               de
               grosses
               Rivers
               ,
               tant
               solement
               peravale
               lez
               pontz
               de
               mesme
               les
               Rivers
               ,
               pluis
               procheyns
               al
               meer
               et
               en
               null
               autre
               lieu
               de
               mesme
               les
               Rivers
               est
               l'Admiral
               cognissance
            
             ;
             of
             the
             death
             of
             a
             man
             ,
             and
             of
             main
             done
             in
             great
             Ships
             ,
             being
             and
             hovering
             in
             the
             main
             stream
             of
             great
             Rivers
             ,
             only
             beneath
             the
             Bridges
             of
             the
             same
             Rivers
             nigh
             to
             the
             Sea
             ,
             and
             in
             no
             other
             places
             of
             the
             same
             Rivers
             ,
             the
             Admiral
             shall
             have
             cognizance
             ,
             which
             is
             a
             thing
             needed
             not
             ,
             nor
             would
             have
             been
             provided
             for
             by
             this
             Statute
             ,
             if
             a
             Jury
             could
             have
             been
             had
             out
             of
             a
             proper
             County
             for
             the
             tryal
             thereof
             ,
             which
             is
             a
             thing
             requisite
             by
             the
             Common
             Law
             ,
             as
             in
             Lacyes
             Case
             m
             twice
             already
             cited
             upon
             other
             occasions
             ;
             and
             as
             by
             Serjeant
             Callis
             his
             reading
             likewise
             in
             the
             same
             places
             .
             So
             then
             for
             this
             particular
             concerning
             the
             death
             of
             a
             man
             upon
             a
             Port
             or
             Haven
             (
             which
             is
             the
             foundation
             of
             this
             Argument
             ,
             that
             the
             Admiral
             should
             have
             no
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             )
             it
             resteth
             onely
             in
             question
             whether
             the
             Statute
             shall
             over-rule
             Sir
             
               Edward
               Coke
            
             ,
             or
             Sir
             
               Edward
               Coke
            
             the
             Statute
             ,
             and
             ancient
             Law
             and
             Practice
             of
             the
             Admiralty
             .
          
           
             This
             next
             thing
             he
             urgeth
             against
             the
             Admirals
             having
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             ,
             is
             the
             43.
             
             Ed.
             3.
             n
             which
             (
             saith
             he
             )
             the
             Lord
             Dyer
             o
             voucheth
             in
             Mich.
             15.
             and
             16.
             
             Eliz.
             (
             saying
             
               quod
               vidi
            
             )
             The
             Case
             is
             that
             the
             Abbot
             of
             Ramsey
             was
             seised
             of
             the
             Mannor
             of
             Brancaster
             in
             Norfolk
             ,
             bordering
             upon
             the
             Sea
             ,
             but
             more
             especially
             upon
             60.
             acres
             of
             Marsh
             of
             the
             said
             
             Manor
             ,
             upon
             which
             the
             Sea
             did
             flow
             and
             reflow
             ,
             and
             yet
             it
             was
             adjudged
             parcel
             of
             the
             Abbots
             Manor
             ,
             and
             by
             consequence
             within
             the
             body
             of
             the
             County
             unto
             the
             low-water
             mark
             .
          
           
             This
             argument
             cannot
             so
             much
             as
             seem
             to
             carry
             him
             so
             farre
             as
             he
             would
             have
             gone
             before
             ;
             for
             hereby
             he
             pretendeth
             the
             body
             of
             the
             County
             to
             reach
             only
             unto
             the
             low-water
             mark
             ,
             and
             that
             only
             by
             consequence
             ,
             which
             consequence
             will
             not
             hold
             ;
             For
             as
             p
             Serjeant
             Callis
             in
             his
             Grays-Inne
             Reading
             saith
             ,
             p.
             26.
             in
             Sir
             
               Henry
               Constables
            
             Case
             ,
             the
             Citizens
             of
             Bristol
             claimed
             Flotzon
             (
             goods
             floating
             on
             the
             Sea
             )
             by
             custome
             ,
             and
             in
             q
             
               Bracton
               cap.
            
             12.
             one
             alleaged
             to
             be
             discharged
             of
             Toll
             or
             Custome
             on
             the
             Seas
             by
             praescription
             ;
             in
             the
             Case
             of
             the
             Swans
             ,
             in
             r
             Sir
             
               Edward
               Cokes
               7th
            
             Report
             ,
             one
             prescribed
             to
             have
             a
             game
             of
             wild
             Swans
             at
             Abbots-beery
             in
             a
             Creek
             of
             the
             Sea
             ,
             which
             is
             a
             member
             or
             arme
             thereof
             .
             And
             in
             Sir
             
               Henry
               Constables
            
             Case
             it
             is
             taken
             and
             received
             for
             Law
             ,
             that
             a
             Subjects
             Manor
             may
             extend
             to
             the
             low-water
             mark
             by
             praescription
             ;
             yet
             is
             not
             the
             Admirals
             Jurisdiction
             at
             all
             hereby
             taken
             away
             upon
             the
             same
             places
             :
             For
             Sir
             Sir
             
               Ed.
               Coke
            
             himself
             in
             the
             same
             case
             declareth
             ,
             that
             the
             Judgements
             of
             the
             Common
             Law
             have
             been
             both
             for
             the
             Admirals
             Jurisdiction
             ,
             and
             the
             Jurisdiction
             of
             the
             Common
             Law
             ,
             both
             upon
             one
             and
             the
             same
             place
             ,
             at
             several
             times
             :
             For
             saith
             he
             ,
             
               Fuit
               resolve
               per
               totam
               curiam
               que
               le
               soil
               sur
               que
               le
               mere
               flow
               &
               reflow
               ,
               sc
               .
               inter
               le
               high
               water
               mark
               ,
               &
               le
               low-water
               mark
               poet
               cê
               parcel
               d'
               un
               manner
               d'
               un
               subject
            
             16
             El.
             ſ
             Dier
             .
             326.
             6.
             
               act
               .
               &
               issint
               fuit
               adjudge
               in
            
             Lacyes
             t
             Case
             ,
             Trin.
             25.
             
             El.
             
               in
               cest
               court
               en
               uncore
               fuit
               resolve
               ,
               quant
               le
               mere
               flow
               ,
               &
               ad
               plenitudinem
               maris
               le
               Admiral
               avara
               jurisdictîon
               .
               de
               chescun
               chose
               fait
               sur
               le
               ewe
               inter
               le
               high-water
               mark
               ,
               &
               le
               low-water
               mark
               per
               le
               ordinarie
               &
               naturall
               course
               del
               mare
               ,
               &
               issint
               fuit
               adjudge
               in
               le
               dit
               case
               de
            
             Lacy
             
               que
               le
               felony
               fait
               sur
               le
               mere
               ,
               ad
               plenitudinem
               maris
               inter
               le
               high-water
               mark
               &
               le
               low-water
               mark
               per
               le
               ordinarie
               &
               naturall
               course
               del
               mare
               le
               Admiral
               avara
               jurisdiction
               &
               uncore
               quant
               le
               mere
               est
               reflow
               le
               terr
               ,
               port
               apperteine
               al
               subject
               &
               chescum
               chose
               fait
               quant
               le
               terr
               .
               est
               reflow
               serra
               try
               al
               common
               ley
               car
               ceo
               donques
               est
               per
               cel
               del
               country
               ,
               &
               infra
               corpus
               comitatus
               ,
               &
               our
               ceo
               agree
            
             8
             Ed.
             4.
             19.
             u
             
               issint
               nota
               que
               South
               le
               low-water
               mark
               le
               Admiral
               ad
               le
               sole
               &
               abso●●●
               jurisdiction
               &
               inter
               le
               high-water
               mark
               &
               low-water
               mark
               ,
               le
               common
               ley
               ,
               &
               le
               Admiraltie
               avoint
               divisum
               imperium
               interchangeablement
               come
               est
               avant
               dit
               ,
               se
               〈◊〉
               super
               ●quam
               &
               l'
               auter
               super
               terram
               .
            
          
           
             It
             w●●
             resolved
             (
             saith
             he
             )
             by
             the
             whole
             Court
             ,
             that
             the
             soil
             upon
             〈◊〉
             the
             〈◊〉
             doth
             ebb
             and
             flow
             ,
             to
             wit
             ,
             between
             the
             high
             water
             〈◊〉
             ,
             and
             the
             low
             water
             mark
             ,
             may
             be
             parcel
             of
             a
             Mannor
             of
             a
             Subject
             ,
             16
             
               Eliz.
               Dyer
            
             326.
             6
             acc
             .
             w
             and
             so
             it
             was
             adjudged
             
             in
             Lacyes
             x
             Case
             ,
             Trin.
             the
             25
             of
             Eliz.
             in
             this
             Court
             ,
             and
             so
             it
             was
             resolved
             ,
             when
             the
             Sea
             doth
             flow
             unto
             the
             full
             height
             ,
             the
             Admiral
             shall
             have
             Jurisdiction
             of
             any
             thing
             whatsoever
             done
             upon
             the
             water
             ,
             between
             the
             high
             water
             mark
             ,
             and
             the
             low
             water
             mark
             ,
             by
             the
             ordinary
             and
             natural
             course
             of
             the
             Sea.
             And
             so
             it
             was
             adjudged
             in
             the
             same
             Case
             of
             Lacy
             ,
             that
             a
             Felony
             done
             upon
             the
             Sea
             at
             full
             Sea
             ,
             between
             the
             high
             water
             mark
             and
             low
             water
             mark
             by
             ordinary
             and
             natural
             course
             of
             the
             Sea
             ,
             that
             the
             Admiral
             shall
             have
             Jurisdiction
             :
             And
             so
             when
             the
             Sea
             returned
             ,
             the
             ground
             may
             appertain
             to
             a
             Subject
             ,
             and
             every
             thing
             done
             upon
             the
             ground
             when
             the
             water
             is
             returned
             ,
             shall
             be
             tryed
             at
             Common
             Law
             ,
             because
             it
             is
             then
             parcel
             of
             a
             County
             ,
             and
             within
             the
             body
             of
             a
             County
             ;
             and
             with
             this
             agreeth
             that
             of
             the
             8
             of
             Ed.
             4.
             19.
             
             y
             So
             note
             that
             beneath
             the
             low
             water
             marks
             the
             Admiral
             hath
             the
             sole
             and
             absolute
             Jurisdiction
             ;
             and
             between
             the
             high
             water
             mark
             and
             the
             low
             water
             mark
             ,
             the
             Common
             Law
             ,
             and
             the
             Admiralty
             shall
             have
             severally
             Power
             interchangeable
             ,
             as
             aforesaid
             ,
             to
             wit
             ,
             the
             one
             upon
             the
             water
             ,
             and
             the
             other
             upon
             the
             Land
             ;
             so
             it
             plainly
             appeareth
             by
             what
             himself
             hath
             declared
             ,
             that
             though
             the
             Land
             from
             the
             high
             water
             mark
             to
             the
             low
             water
             mark
             ,
             may
             be
             said
             to
             be
             within
             the
             body
             of
             a
             Country
             ,
             when
             the
             water
             is
             off
             it
             ,
             yet
             is
             it
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             when
             the
             water
             doth
             overflow
             it
             ;
             And
             this
             will
             prove
             no
             argument
             at
             all
             why
             the
             Admiral
             should
             have
             no
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             ,
             but
             rather
             an
             argument
             
               à
               fortiori
               ,
               vel
               à
               majori
               ad
               minus
               ,
            
             that
             he
             shall
             there
             have
             Jurisdiction
             .
             For
             if
             he
             shall
             not
             be
             excluded
             from
             his
             Jurisdiction
             in
             those
             places
             ,
             where
             the
             water
             recedeth
             and
             leaveth
             dry
             land
             of
             use
             and
             profit
             ,
             which
             may
             be
             claimed
             by
             the
             Lord
             of
             a
             Mannor
             as
             parcell
             of
             that
             Mannor
             ;
             much
             less
             can
             he
             be
             excluded
             from
             his
             Jurisdiction
             in
             the
             Ports
             and
             Havens
             from
             whence
             the
             water
             doth
             never
             clearly
             recede
             ,
             or
             where
             no
             man
             doth
             or
             can
             challenge
             any
             right
             of
             possession
             :
             And
             again
             shall
             he
             not
             be
             excluded
             those
             places
             in
             the
             exercise
             of
             his
             Jurisdiction
             ,
             where
             seldom
             or
             never
             ,
             and
             little
             or
             nothing
             falleth
             under
             his
             cognizance
             ?
             And
             shall
             he
             be
             excluded
             those
             places
             in
             exercise
             thereof
             ,
             where
             things
             of
             the
             same
             nature
             ,
             and
             by
             the
             same
             Law
             determinable
             of
             greater
             consequence
             ,
             fall
             under
             his
             cognizance
             almost
             dayly
             and
             hourly
             ?
             If
             so
             ,
             we
             may
             very
             well
             suspect
             the
             reason
             and
             cause
             thereof
             ,
             that
             it
             came
             so
             to
             be
             ,
             not
             for
             any
             good
             intended
             ,
             either
             to
             the
             Commonwealth
             or
             good
             people
             thereof
             ,
             but
             for
             some
             private
             end
             .
             z
             To
             this
             he
             addeth
             ,
             that
             it
             was
             
             adjudged
             
               Paschae
               17.
               
               Eliz.
            
             a
             in
             the
             Exchequor
             ,
             Diggs
             being
             Plaintiff
             ,
             that
             the
             land
             between
             the
             flowing
             and
             reflowing
             of
             the
             Sea
             belonged
             to
             the
             Lord
             of
             the
             Mannor
             adjoyning
             ,
             as
             the
             Lord
             Dyer
             doth
             there
             report
             ,
             but
             to
             this
             I
             shall
             not
             need
             to
             strive
             to
             give
             any
             other
             answer
             ,
             then
             to
             the
             former
             .
             To
             that
             of
             the
             48.
             
             Ed.
             3.
             and
             the
             3.
             concerning
             the
             contract
             for
             Mariners
             wages
             ,
             I
             shall
             give
             an
             answer
             when
             I
             shall
             come
             to
             handle
             the
             other
             contracts
             made
             at
             land
             .
             It
             is
             further
             objected
             that
             46.
             
             Ed.
             3.
             and
             the
             3.
             b
             tit
             .
             conusance
             36.
             an
             account
             of
             trespass
             was
             brought
             for
             taking
             of
             a
             Ship
             in
             the
             Haven
             of
             Hull
             against
             certain
             persons
             :
             The
             Mayor
             and
             Bayliffs
             of
             Hull
             demanded
             cognizance
             by
             the
             Charter
             of
             the
             King
             granted
             unto
             them
             ,
             that
             the
             Citizens
             and
             Burgesses
             of
             Hull
             ,
             shall
             not
             be
             impleaded
             
               alibi
               de
               aliquibus
               transgressionibus
               ,
               conventionibus
               &
               contractibus
               infra
               Burgum
               ,
               &c.
               quam
               infra
               Burgum
            
             ;
             And
             the
             cognizance
             was
             granted
             ,
             which
             proveth
             that
             the
             Haven
             of
             Hull
             ,
             where
             the
             Ship
             did
             ride
             ,
             was
             
               infra
               Burgum
               de
            
             Hull
             ,
             and
             by
             consequence
             
               infra
               corpus
               comitatûs
            
             ,
             and
             determinable
             by
             the
             Common
             Law
             ,
             and
             not
             in
             the
             Admiralty
             Court.
             Which
             conclusion
             no
             Logician
             will
             allow
             
               ex
               necessario
            
             to
             be
             deduced
             out
             of
             the
             premises
             ,
             
               vix
               ex
               contingenti
            
             ;
             nor
             will
             any
             Law
             (
             as
             I
             conceive
             )
             allow
             it
             ,
             that
             two
             contending
             at
             Law
             for
             that
             which
             belongeth
             to
             neither
             of
             them
             ,
             though
             it
             shall
             be
             adjudged
             to
             one
             of
             them
             ,
             that
             this
             shall
             in
             any
             wise
             be
             prejudicial
             to
             a
             third
             party
             that
             hath
             right
             thereunto
             ,
             but
             that
             he
             may
             by
             the
             same
             Law
             recover
             the
             same
             .
          
           
             Several
             Cities
             and
             Boroughs
             ,
             especially
             upon
             the
             Sea
             Coasts
             ,
             do
             challenge
             several
             priviledges
             ,
             some
             by
             prescription
             ,
             and
             some
             by
             grant
             ,
             as
             is
             already
             set
             forth
             in
             this
             Chapter
             ,
             as
             Flotson
             at
             Bristoll
             ,
             &c.
             and
             the
             Cinque
             Ports
             have
             their
             Admiralty
             Jurisdiction
             
               ab
               antique
            
             ;
             yet
             doth
             not
             this
             make
             their
             Ports
             and
             Havens
             there
             to
             be
             part
             of
             their
             Towns
             ,
             or
             make
             them
             to
             be
             within
             their
             Boroughs
             ,
             but
             within
             the
             compass
             of
             their
             priviledges
             ;
             nay
             it
             rather
             sheweth
             the
             contrary
             .
             For
             things
             done
             upon
             their
             Ports
             ,
             they
             have
             their
             Admiralty
             ,
             and
             do
             ,
             or
             ought
             to
             proceed
             according
             to
             the
             Rules
             of
             the
             Civil
             and
             Maritime
             Laws
             ,
             
               Talem
               habent
               Jurisdictionem
               ratione
               Portuum
               ,
               non
               ratione
               alti
               maris
               ,
            
             and
             are
             to
             give
             Judgement
             according
             to
             the
             same
             Law
             ,
             as
             the
             Vice-Admirals
             of
             several
             parts
             do
             ,
             from
             which
             Judgements
             given
             in
             any
             Port-town
             ,
             (
             except
             the
             Cinque
             Ports
             where
             the
             appeal
             lyeth
             onely
             to
             the
             Warden
             thereof
             )
             an
             appeal
             lyeth
             to
             the
             high
             Court
             of
             Admiralty
             ,
             as
             it
             doth
             from
             the
             Vice-Admirals
             Court
             ;
             and
             for
             other
             businesses
             done
             within
             their
             Town
             ,
             they
             proceed
             according
             to
             the
             
             Common
             Law
             and
             they
             have
             their
             several
             distinct
             Officers
             for
             businesses
             of
             the
             one
             nature
             ,
             and
             the
             other
             ,
             as
             their
             water-Baliffs
             for
             the
             one
             ,
             and
             the
             land-Baliffs
             or
             Serjeants
             for
             the
             other
             ;
             and
             if
             the
             Ports
             and
             Havens
             were
             not
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             I
             know
             no
             use
             that
             Cinque
             Ports
             ,
             or
             any
             other
             ;
             Ports
             can
             have
             of
             an
             Admiralty
             by
             themselves
             (
             as
             absolutely
             and
             clearly
             the
             Cinque-Ports
             have
             )
             seeing
             that
             the
             Lord
             high
             Admiral
             of
             England
             hath
             that
             Jurisdiction
             of
             the
             main
             Seas
             ,
             together
             with
             all
             Ports
             not
             so
             priviledged
             .
             And
             it
             cannot
             be
             less
             necessary
             for
             all
             the
             other
             Ports
             to
             have
             all
             their
             businesses
             agitated
             therein
             ,
             tried
             by
             the
             Civil
             and
             Maritime
             Laws
             ,
             then
             it
             is
             for
             the
             Cinque-Ports
             .
          
           
             Hull
             ,
             no
             doubt
             ,
             hath
             great
             and
             large
             privileges
             ;
             but
             whether
             they
             extend
             unto
             things
             done
             upon
             the
             Port
             or
             Haven
             there
             ,
             without
             the
             authority
             of
             the
             Admiral
             ,
             I
             know
             not
             :
             It
             is
             like
             enough
             it
             may
             ,
             which
             being
             made
             known
             ,
             the
             cognizance
             of
             this
             cause
             might
             very
             well
             be
             dismist
             from
             the
             cognizance
             of
             the
             Judges
             ,
             and
             left
             unto
             the
             Major
             and
             Bailiffs
             of
             that
             Town
             .
             Howsoever
             take
             it
             that
             the
             cause
             was
             dismist
             only
             upon
             that
             ground
             which
             is
             here
             set
             forth
             ,
             viz.
             that
             the
             Citizens
             and
             Burgesses
             should
             not
             be
             impleaded
             
               alibi
               in
               aliquibus
               transgressionibus
               ,
               conventionibus
               &
               contractibus
               infra
               Burgum
               ,
               &c.
               quàm
               infra
               Burgum
               .
            
             This
             no
             doubt
             was
             sufficient
             for
             the
             Judges
             of
             the
             Common
             Law
             to
             dismisse
             the
             cause
             from
             being
             proceeded
             in
             before
             them
             ,
             before
             whom
             it
             was
             brought
             as
             an
             Action
             of
             Trespass
             ,
             &
             not
             before
             the
             Admiral
             ,
             &c.
             for
             that
             it
             rather
             belonged
             unto
             the
             Major
             of
             Hull
             ,
             then
             to
             them
             ,
             though
             indeed
             it
             perhaps
             belonged
             unto
             neither
             ;
             and
             hereupon
             the
             Major
             
               de
               facto
            
             might
             take
             cognizance
             ,
             though
             by
             no
             law
             or
             right
             .
             I
             hope
             we
             shall
             not
             make
             the
             Judgment
             of
             evaery
             Major
             and
             Recorder
             to
             be
             a
             Law
             ,
             or
             President
             that
             others
             must
             be
             ruled
             by
             :
             For
             then
             we
             may
             hang
             up
             the
             accessary
             ,
             and
             go
             seek
             the
             principal
             afterwards
             ,
             as
             they
             did
             at
             Grantham
             in
             Lincolnshire
             ,
             as
             I
             have
             heard
             .
             But
             Sir
             
               Edward
               Coke
            
             further
             saith
             ,
             that
             the
             cognizance
             was
             granted
             ,
             &c.
             
             I
             hope
             he
             meant
             not
             that
             it
             was
             adjudged
             to
             belong
             absolutely
             unto
             the
             Major
             and
             Bailiffs
             of
             Hull
             ,
             excluding
             the
             interest
             of
             all
             other
             parties
             :
             for
             that
             had
             been
             to
             have
             judged
             the
             cause
             
               inaudita
               nec
               vocatâ
               parte
               interesse
               habente
               .
            
             For
             the
             controversie
             was
             then
             whether
             the
             Judges
             of
             the
             Common
             Law
             ,
             or
             the
             Major
             ,
             &c.
             had
             the
             cognizance
             of
             that
             cause
             ;
             and
             they
             having
             dismissed
             it
             from
             their
             cognizance
             ,
             could
             grant
             it
             no
             otherwise
             to
             the
             Major
             and
             Bailiffs
             of
             Hull
             ,
             but
             insomuch
             ,
             or
             for
             that
             it
             belonged
             not
             unto
             their
             cognizance
             ;
             so
             that
             after
             the
             
             dismission
             this
             controversie
             was
             no
             longer
             between
             the
             Judges
             of
             the
             Common
             Law
             ,
             and
             the
             Major
             of
             
               Hull
               ▪
            
             but
             now
             the
             difference
             concerning
             the
             Jurisdiction
             of
             ,
             and
             over
             this
             cause
             ,
             must
             rest
             between
             the
             Admiral
             and
             the
             Major
             and
             Bailiffs
             of
             Hull
             ,
             for
             that
             the
             Admiral
             being
             no
             party
             
               in
               fudicio
            
             ,
             the
             cognizance
             could
             no
             otherwise
             be
             granted
             unto
             the
             Major
             and
             Bailiffs
             of
             Hull
             ,
             then
             that
             they
             should
             have
             it
             for
             ought
             that
             Court
             ,
             in
             which
             the
             Action
             of
             Trespass
             was
             brought
             ,
             had
             to
             do
             therewith
             ,
             or
             to
             hold
             plea
             thereof
             ,
             which
             could
             not
             barre
             the
             Admiral
             of
             his
             claim
             of
             Jurisdiction
             ,
             who
             was
             no
             party
             in
             judgement
             :
             And
             then
             this
             only
             resteth
             as
             an
             Authority
             quoted
             ,
             that
             such
             an
             Action
             was
             brought
             at
             the
             Common
             Law
             ;
             and
             as
             it
             appeareth
             ,
             that
             the
             same
             was
             never
             there
             determined
             ;
             so
             doth
             it
             not
             appear
             that
             ever
             it
             was
             therefore
             determined
             by
             the
             Major
             and
             Bayliffs
             of
             Hull
             .
             But
             the
             Major
             and
             Bailiffs
             perceiving
             an
             Action
             to
             be
             brought
             at
             the
             Common
             Law
             for
             a
             trespass
             done
             upon
             their
             Pors
             ,
             might
             very
             well
             conceive
             that
             the
             Action
             being
             there
             brought
             ,
             the
             same
             was
             rather
             tryable
             before
             them
             ,
             by
             virtue
             of
             that
             clause
             in
             their
             Charter
             which
             was
             urged
             then
             by
             the
             Judges
             of
             the
             Common
             Law
             ;
             and
             the
             Cause
             being
             dismissed
             ,
             as
             it
             appeareth
             not
             that
             the
             Major
             and
             Bailiffs
             determined
             it
             :
             no
             more
             doth
             it
             any
             ways
             appear
             ,
             that
             they
             did
             yet
             by
             virtue
             of
             this
             Dismission
             ,
             or
             Grant
             (
             as
             Sir
             
               Edward
               Coke
            
             termeth
             it
             )
             take
             upon
             them
             so
             much
             as
             the
             cognizance
             thereof
             ;
             or
             if
             they
             did
             ,
             that
             the
             Admiral
             ever
             had
             notice
             thereof
             .
             But
             if
             the
             Admirall
             did
             ,
             or
             if
             he
             did
             not
             ,
             yet
             if
             he
             had
             taken
             to
             his
             Court
             the
             cognizance
             of
             this
             Cause
             ,
             I
             am
             confident
             that
             the
             Major
             and
             Bailiffs
             could
             no
             ways
             by
             virtue
             of
             that
             clause
             ,
             or
             upon
             any
             other
             ground
             have
             taken
             it
             out
             of
             his
             hand
             ,
             unless
             they
             have
             Admiralty
             Jurisdiction
             granted
             unto
             them
             ,
             as
             the
             Town
             of
             Ipswich
             hath
             ;
             the
             substance
             of
             whose
             Patent
             concerning
             the
             same
             ,
             I
             shall
             here
             set
             down
             in
             confirmation
             of
             what
             I
             have
             said
             before
             concerning
             the
             Admiralty
             Jurisdiction
             upon
             the
             Cinque-Ports
             and
             other
             Ports
             .
          
           
             
               
                 
                   
                     Henricus
                     Dei
                     gratia
                     ,
                     &c.
                     octavus
                     &c.
                     
                  
                   
                     Cumque
                     praedictus
                     avus
                     noster
                     per
                     chartam
                     suuam
                     praedictam
                     ,
                     quam
                     ut
                     praefertur
                     ,
                     confirmavimus
                     ,
                     concesserit
                     Ballivis
                     &
                     Burgensibus
                     Villae
                     praedictae
                     &
                     successoribus
                     suis
                     inter
                     alia
                     ,
                     libertates
                     ,
                     Franches
                     ,
                     privilegia
                     ,
                     &
                     immunitates
                     ,
                     in
                     eadem
                     chartâ
                     contenta
                     &
                     specificata
                     ,
                     authoritatem
                     &
                     potestatem
                     faciendi
                     &
                     exequendi
                     infra
                     eandem
                     villam
                     Gypewici
                     ,
                     ac
                     libertatem
                     &
                     praecinctum
                     ejusdem
                     omnia
                     &
                     singula
                     quae
                     Admirallo
                     ,
                     seu
                     ad
                     officium
                     Admiralli
                     pertinent
                     .
                     Cumque
                     portus
                     villae
                     praedictae
                     &
                     aqua
                     currens
                     &
                     recurrens
                     prout
                     casus
                     exigerit
                     ab
                     eodem
                     portu
                     per
                     fluxum
                     &
                     refluxum
                     maris
                     
                     versus
                     le
                     Southeast
                     ,
                     ad
                     quendam
                     locum
                     vocat
                     .
                     Polleshened
                     ,
                     alias
                     dict
                     .
                     Polished
                     ,
                     nec
                     non
                     tota
                     terra
                     &
                     folum
                     quae
                     per
                     hujusmodi
                     fluxum
                     &
                     refluxum
                     maris
                     aliquo
                     tempore
                     aqua
                     fuerit
                     superundat
                     ▪
                     sive
                     co●pert
                     .
                     infra
                     libertatem
                     villae
                     praedictae
                     extiterint
                     .
                     Et
                     quod
                     iidem
                     Ballivi
                     Burgenses
                     &
                     Communitas
                     ,
                     &
                     successores
                     sui
                     habeant
                     &
                     gaudeant
                     eis
                     ,
                     &
                     successoribus
                     suis
                     omnia
                     &
                     singula
                     libertates
                     ,
                     Franches
                     .
                     authoritates
                     ,
                     privilegia
                     ,
                     jurisdictiones
                     &
                     immuniuates
                     eis
                     vel
                     praedecessoribus
                     suis
                     aut
                     eorum
                     alicui
                     seu
                     aliquibus
                     praedictum
                     avum
                     nostrum
                     sive
                     aliquem
                     alium
                     progenitorum
                     nostrorum
                     nuper
                     regum
                     Angliae
                     per
                     chartas
                     sive
                     per
                     chartam
                     alicujus
                     eorumdem
                     progenitorum
                     nostrorum
                     ,
                     quas
                     nos
                     per
                     litteras
                     nostras
                     praedictas
                     de
                     confirmatione
                     acceptavimus
                     ,
                     ratificavimus
                     ,
                     &
                     confirmavimus
                     ,
                     contenta
                     &
                     specificata
                     tam
                     in
                     dictâ
                     aquâ
                     ,
                     sive
                     in
                     cursu
                     aquae
                     ac
                     praedictâ
                     terrâ
                     &
                     solo
                     per
                     fluxum
                     sive
                     refluxum
                     maris
                     aquâ
                     quandoque
                     superundat
                     .
                     sive
                     coopert
                     .
                     ,
                     quam
                     in
                     omnibus
                     &
                     singulis
                     aliis
                     locis
                     quibuscunque
                     infra
                     villam
                     ,
                     praecinctum
                     suburbum
                     ,
                     libertates
                     &
                     Franches
                     .
                     praedict
                     .
                     juxta
                     formam
                     chartarum
                     &
                     concessionum
                     praedictarum
                     ,
                     prout
                     ea
                     ante
                     tempora
                     usi
                     fuerunt
                     &
                     gavisi
                     .
                     Et
                     ulterius
                     nos
                     de
                     gratiâ
                     nostrâ
                     uberiori
                     ad
                     intentionem
                     quod
                     praedicti
                     Ballivi
                     ,
                     Burgenses
                     &
                     Communitas
                     &
                     successores
                     sui
                     securius
                     &
                     liberius
                     absque
                     ambiguitate
                     ,
                     questione
                     vel
                     dubio
                     habeant
                     officium
                     Admiralli
                     nostri
                     &
                     haeredum
                     nostrorum
                     infra
                     libertatem
                     ,
                     praecinct
                     .
                     &
                     Franchesc
                     .
                     praedict
                     .
                     &
                     omnia
                     quae
                     ad
                     officium
                     Admiralli
                     tam
                     super
                     mare
                     &
                     littus
                     maris
                     quàm
                     alibi
                     infra
                     libertatem
                     ,
                     Franchisc
                     .
                     &
                     praecinct
                     .
                     praedict
                     .
                     pertinent
                     ,
                     concedimus
                     nunc
                     Ballivis
                     &
                     Burgensibus
                     ac
                     communitati
                     villae
                     praedictae
                     &
                     eorum
                     successoribus
                     per
                     praesentes
                     ,
                     quod
                     Ballivi
                     ejusdem
                     villae
                     pro
                     tempore
                     existentes
                     sint
                     Admiralli
                     nostri
                     &
                     haeredum
                     nostrorum
                     per
                     &
                     infra
                     totam
                     villam
                     ,
                     praecinctum
                     ,
                     suburbia
                     ,
                     aquam
                     &
                     cursum
                     aquae
                     ac
                     dict
                     .
                     terram
                     ,
                     &
                     solum
                     per
                     fluxum
                     &
                     refluxum
                     maris
                     quandoque
                     aquâ
                     superundat
                     .
                     vel
                     coopert
                     .
                     seu
                     in
                     posterum
                     superundand
                     .
                     vel
                     cooperend
                     .
                     Ac
                     omnia
                     &
                     singula
                     quae
                     ad
                     officium
                     Admiralli
                     pertinent
                     seu
                     pertinere
                     poterint
                     tam
                     super
                     mare
                     &
                     littus
                     maris
                     quàm
                     alibi
                     infra
                     libertatem
                     praecinctum
                     ,
                     limites
                     supra
                     specificat
                     .
                     faciant
                     &
                     exequantur
                     in
                     tam
                     amplis
                     modo
                     &
                     forma
                     prout
                     aliquis
                     Admirallus
                     Angliae
                     in
                     aliquo
                     loco
                     facere
                     vel
                     exequi
                     consuevit
                     &
                     facere
                     debuit
                     quoquo
                     modo
                     ,
                     &c.
                     
                     Et
                     insuper
                     nos
                     de
                     gra
                     .
                     nostra
                     ampliori
                     ad
                     relevamen
                     &
                     incrementum
                     villae
                     praedictae
                     quae
                     ut
                     dicitur
                     diversimode
                     depauperata
                     est
                     ac
                     in
                     auxilium
                     solutionis
                     dictae
                     firmae
                     suae
                     sexaginta
                     librarum
                     nostr
                     .
                     &
                     successoribus
                     nostris
                     annuatim
                     ut
                     praemittitur
                     solvend
                     .
                     damus
                     &
                     concedimus
                     per
                     praesentes
                     pro
                     nobis
                     &
                     haeredibus
                     nostris
                     eisdem
                     Ballivis
                     ,
                     Burgensibus
                     &
                     Communitati
                     &
                     successoribus
                     suis
                     wrecum
                     maris
                     ,
                     ac
                     omnia
                     bona
                     &
                     catalla
                     quae
                     dicuntur
                     
                       Wreck
                       ,
                       Flotson
                    
                     ,
                     &
                     Getson
                     ;
                     &
                     omnia
                     alia
                     bona
                     &
                     catalla
                     quae
                     Admirallo
                     sive
                     ad
                     ejus
                     officium
                     pertinent
                     seu
                     pertinere
                     debent
                     ,
                     aut
                     poterint
                     infra
                     dict
                     .
                     portum
                     &
                     aquam
                     ac
                     terram
                     &
                     solum
                     praedict
                     .
                     per
                     fluxum
                     &
                     refluxum
                     maris
                     ,
                     ac
                     omnia
                     bona
                     per
                     fluxum
                     &
                     refluxum
                     maris
                     aqua
                     ut
                     praefertur
                     superundat
                     .
                     vel
                     coopert
                     .
                     vel
                     in
                     posterum
                     superundand
                     .
                     vel
                     cooperend
                     .
                     
                     qualitercunque
                     contingent
                     .
                     vel
                     ibidem
                     in
                     mari
                     ,
                     aut
                     super
                     littus
                     maris
                     invent
                     .
                     seu
                     inveniend
                     .
                     &
                     etiam
                     omnia
                     &
                     singula
                     bona
                     &
                     catalla
                     felonum
                     de
                     se
                     ,
                     nec
                     non
                     bona
                     &
                     catalla
                     quae
                     dicuntur
                     deodanda
                     infra
                     libertatem
                     ,
                     Franchesc
                     .
                     &
                     praecinctum
                     villae
                     praedictae
                     ,
                     ac
                     in
                     &
                     infra
                     praedictum
                     portum
                     ,
                     cursum
                     aquae
                     ac
                     terram
                     &
                     solum
                     praedict
                     .
                     per
                     fluxum
                     &
                     refluxum
                     maris
                     aqua
                     ut
                     praefertur
                     superundat
                     .
                     vel
                     coopert
                     .
                     vel
                     in
                     posterum
                     superundand
                     .
                     vel
                     cooperend
                     .
                     absquo
                     compoto
                     sive
                     alique
                     alio
                     nobis
                     vel
                     haeredibus
                     nostris
                     pro
                     praemissis
                     vel
                     aliquo
                     praemissorum
                     reddend
                     .
                     vel
                     solvend
                     .
                     Sciatis
                     insuper
                     ,
                     &c.
                     
                  
                   
                     
                       Teste
                       meipso
                       apud
                       Hampton-Court
                       
                         tertio
                         die
                         Martii
                         anno
                         regni
                         nostri
                         decimo
                      
                    
                     per
                     ipsum
                     Regem
                     de
                     dat
                     .
                     praedict
                     .
                     authoritate
                     Parliamenti
                     .
                  
                
              
            
          
           
             Now
             I
             hope
             it
             plainly
             appeareth
             hereby
             that
             the
             Admiral
             hath
             full
             power
             &
             jurisdiction
             upon
             the
             Ports
             and
             Havens
             ,
             if
             he
             be
             not
             excluded
             by
             special
             grant
             ,
             (
             and
             that
             made
             in
             the
             vacancy
             or
             interval
             between
             one
             Admirals
             Patent
             ceasing
             ,
             and
             anothers
             beginning
             .
             )
             And
             if
             the
             Port
             had
             been
             within
             the
             Borough
             of
             Ipswich
             ,
             and
             things
             there
             done
             had
             been
             triable
             at
             their
             Town
             Court
             ,
             or
             at
             the
             Common
             Law
             ,
             then
             had
             they
             had
             no
             need
             of
             this
             Grant
             of
             Admiralty
             Jurisdiction
             ,
             &c.
             by
             which
             Grant
             of
             Admiralty
             Jurisdiction
             unto
             them
             ,
             it
             doth
             likewise
             as
             plainly
             appear
             ,
             that
             whatsoever
             is
             done
             upon
             the
             Port
             or
             Haven
             ,
             is
             of
             Admiralty
             cognizance
             ,
             this
             Admiralty
             Jurisdiction
             of
             theirs
             extending
             only
             unto
             their
             Port
             and
             Haven
             ,
             which
             reacheth
             only
             unto
             the
             place
             called
             
               Pollishened
               alias
               Poleshead
            
             ,
             and
             no
             further
             ,
             which
             is
             the
             point
             of
             the
             high
             Sea
             ,
             (
             as
             Sir
             
               Edward
               Coke
            
             termeth
             it
             )
             so
             that
             they
             have
             Admiralty
             Jurisdiction
             ,
             and
             yet
             none
             upon
             the
             main
             Sea
             ,
             but
             upon
             the
             Port
             and
             Haven
             only
             .
             But
             I
             shall
             proceed
             unto
             the
             next
             thing
             by
             Sir
             
               Edward
               Coke
            
             insisted
             upon
             .
          
           
             And
             in
             the
             next
             place
             it
             is
             thus
             objected
             ,
             that
             7
             
               R
               =
               2.
               tit
               .
               trespass
            
             c
             
               in
               Statham
               pl.
            
             
             54.
             in
             an
             Action
             of
             Trespass
             for
             a
             Ship
             and
             certain
             Merchandizes
             taken
             away
             (
             which
             trespass
             must
             of
             necessity
             be
             alleaged
             in
             some
             Town
             and
             County
             in
             some
             River
             or
             Haven
             )
             the
             Defendant
             pleaded
             that
             he
             did
             take
             them
             
               in
               le
               haut
               mere
               one
               les
            
             Normans
             
               quex
               sont
               enemies
               le
               Roy
            
             ,
             and
             it
             is
             ruled
             a
             good
             plea
             ,
             which
             concurreth
             with
             the
             other
             books
             .
          
           
             Here
             it
             is
             not
             said
             that
             this
             trespass
             was
             laid
             or
             alleaged
             to
             be
             done
             in
             any
             Town
             or
             County
             in
             any
             River
             or
             Haven
             ;
             but
             saith
             he
             ,
             it
             must
             of
             necessity
             be
             so
             .
             If
             he
             take
             Town
             ,
             County
             ,
             River
             and
             Haven
             disjunctim
             ,
             then
             I
             think
             that
             according
             to
             the
             Law
             the
             Action
             of
             the
             Trespass
             must
             have
             been
             laid
             to
             have
             been
             done
             somewhere
             ,
             or
             else
             the
             Action
             would
             have
             abated
             :
             but
             if
             he
             take
             them
             conjunctim
             ,
             as
             that
             it
             must
             of
             necessity
             be
             laid
             to
             be
             done
             
             in
             some
             River
             or
             Haven
             ,
             in
             some
             Town
             and
             County
             ,
             I
             confess
             that
             according
             to
             reason
             and
             nature
             ,
             a
             Ship
             with
             her
             lading
             cannot
             be
             elsewhere
             ,
             except
             it
             be
             upon
             the
             high
             Seas
             :
             But
             I
             know
             that
             at
             the
             Common
             Law
             it
             is
             usuall
             
               per
               fictionem
               impossibilitatis
            
             (
             which
             neither
             the
             Civil
             Law
             nor
             Nature
             do
             allow
             )
             to
             lay
             and
             alleage
             in
             a
             Declaration
             that
             such
             a
             Ship
             with
             her
             Tackle
             ,
             Furniture
             ,
             Ammunition
             and
             Lading
             ,
             was
             in
             the
             possession
             of
             the
             Plaintiffs
             
               in
               parochia
               beatae
               Mariae
               de
               Bow
               in
               Warda
               de
               Cheap
               ,
            
             and
             thereby
             him
             lost
             ,
             and
             there
             
               per
               inventionem
            
             came
             to
             the
             hands
             and
             possession
             of
             the
             Defendant
             ,
             &c.
             and
             why
             this
             Trespass
             of
             taking
             away
             this
             Ship
             and
             Merchandizes
             might
             not
             as
             well
             be
             laid
             to
             be
             done
             in
             some
             certain
             place
             within
             some
             certain
             Town
             farre
             enough
             from
             the
             Port
             or
             Haven
             ,
             I
             know
             not
             :
             And
             it
             is
             not
             said
             ,
             that
             it
             was
             laid
             to
             be
             done
             upon
             a
             Port
             or
             Haven
             .
          
           
             Wheresoever
             the
             trespass
             was
             laid
             to
             be
             done
             ,
             in
             what
             Town
             of
             what
             County
             soever
             (
             for
             in
             some
             Town
             of
             some
             County
             ,
             or
             in
             some
             part
             of
             some
             County
             it
             must
             be
             laid
             to
             be
             done
             )
             yet
             amongst
             all
             the
             Instances
             Sir
             
               Edward
               Coke
            
             hath
             brought
             ,
             and
             amongst
             all
             that
             I
             could
             ever
             yet
             hear
             of
             ,
             I
             never
             knew
             or
             heard
             of
             any
             original
             action
             brought
             at
             the
             Common
             Law
             which
             was
             said
             for
             a
             thing
             done
             upon
             any
             of
             the
             Ports
             or
             Havens
             ,
             except
             that
             of
             Hull
             business
             ,
             which
             never
             came
             to
             be
             adjudged
             between
             the
             Admiral
             and
             the
             Mayor
             ,
             &c.
             of
             Hull
             ,
             &c.
             or
             whether
             the
             action
             was
             rightly
             instituted
             or
             not
             .
             The
             defendant
             pleaded
             as
             above
             ,
             and
             it
             was
             adjudged
             for
             a
             good
             plea.
             I
             would
             gladly
             know
             what
             could
             be
             argued
             from
             hence
             ,
             if
             the
             truth
             had
             been
             otherwise
             ,
             and
             he
             had
             pleaded
             he
             took
             the
             Ship
             and
             Goods
             
               infra
               fluxum
               &
               refluxum
               maris
            
             ,
             or
             that
             he
             took
             them
             in
             
               tali
               Portu
               one
               les
            
             Spaniards
             
               quex
               sont
               les
               enimies
               le
               Roy
               ,
            
             must
             necessarily
             this
             plea
             have
             been
             adjudged
             nought
             ,
             because
             the
             other
             was
             adjudged
             good
             ?
             I
             see
             not
             the
             consequence
             how
             this
             conclusion
             dependeth
             upon
             the
             premisses
             ,
             if
             deduced
             into
             a
             Syllogism
             .
          
           
             It
             is
             objected
             likewise
             that
             7.
             
             Hen.
             6.
             32.
             d
             an
             action
             lyeth
             at
             the
             Common
             Law
             for
             fore-stalling
             ,
             &c.
             in
             a
             Port
             or
             Haven
             ,
             &c.
             and
             by
             consequence
             the
             Admiral
             hath
             no
             Jurisdiction
             there
             .
          
           
             Here
             I
             do
             observe
             that
             about
             the
             6
             and
             7
             year
             of
             Hen.
             6.
             the
             then
             Lord
             chief
             Justice
             of
             the
             Common-pleas
             did
             much
             endeavour
             
               suam
               ampliare
               jurisdictionem
            
             ;
             for
             about
             the
             same
             time
             the
             first
             judgement
             upon
             the
             Statute
             of
             the
             2
             of
             Hen.
             4.
             for
             double
             dammages
             was
             given
             for
             the
             pretended
             breach
             of
             the
             two
             former
             Statutes
             of
             the
             13
             and
             15th
             .
             of
             Rich.
             2.
             and
             this
             2
             of
             Hen.
             4.
             by
             suing
             in
             the
             Admiralty
             for
             a
             thing
             not
             done
             
               super
               altum
               mare
            
             ,
             contrary
             
             to
             those
             3
             Statutes
             ,
             whereas
             none
             of
             those
             3
             Statutes
             have
             one
             word
             in
             them
             that
             tendeth
             to
             the
             binding
             up
             the
             Admiral
             to
             the
             high
             Seas
             ,
             unless
             any
             man
             can
             make
             
               sur
               le
               mere
               super
               altum
               mare
            
             ;
             nor
             is
             there
             any
             word
             in
             them
             that
             tendeth
             to
             the
             making
             of
             the
             Ports
             and
             Havens
             to
             be
             
               infra
               corpus
               commitatus
            
             ;
             e
             as
             I
             have
             shewed
             before
             .
             By
             this
             Judgement
             double
             damages
             were
             recovered
             against
             him
             that
             had
             received
             a
             loss
             of
             960
             marks
             ,
             odd
             monies
             ;
             and
             the
             damages
             were
             assessed
             by
             the
             Jury
             to
             700
             l.
             which
             by
             the
             Judgement
             being
             doubled
             ,
             amounteth
             unto
             1400
             l.
             so
             that
             instead
             of
             recovering
             of
             900
             marks
             without
             any
             tryall
             ,
             whether
             due
             to
             him
             or
             not
             ,
             he
             is
             condemned
             in
             1400
             l.
             how
             the
             then
             Plaintiffe
             (
             as
             the
             Record
             is
             cited
             )
             having
             got
             the
             possession
             of
             the
             goods
             sued
             for
             by
             the
             Defendant
             ,
             formerly
             the
             Plaintiffe
             ,
             or
             
               pars
               agens
            
             in
             the
             Admiralty
             ,
             could
             sustain
             700
             l.
             damage
             by
             being
             sued
             in
             the
             Admiralty
             ,
             I
             know
             not
             ,
             nor
             can
             imagine
             :
             For
             the
             Statute
             doth
             not
             say
             ,
             the
             party
             sued
             in
             the
             Admiralty
             Court
             contrary
             to
             the
             Statute
             of
             the
             13th
             of
             Richard
             the
             Second
             ,
             shall
             recover
             double
             the
             value
             of
             what
             he
             there
             sued
             for
             ,
             but
             double
             the
             damage
             he
             sustained
             by
             such
             suit
             ,
             which
             could
             be
             no
             great
             matter
             ,
             unless
             he
             had
             recovered
             and
             obtained
             into
             his
             possession
             the
             summe
             sued
             for
             ,
             which
             doth
             not
             appear
             ,
             nor
             is
             it
             so
             much
             as
             alleaged
             or
             affirmed
             .
          
           
             Now
             it
             could
             not
             be
             expected
             that
             so
             much
             sea
             being
             converted
             into
             land
             by
             this
             Judgement
             by
             two
             years
             labour
             ,
             and
             but
             finished
             and
             brought
             to
             pass
             in
             the
             6th
             year
             of
             Henry
             the
             Sixth
             ,
             the
             same
             land
             should
             be
             in
             the
             very
             next
             year
             ,
             viz.
             in
             the
             7th
             year
             of
             the
             same
             Kings
             Reign
             reconverted
             into
             sea
             .
          
           
             Yet
             is
             there
             a
             great
             deal
             more
             colour
             for
             an
             Action
             to
             lye
             at
             the
             Common
             Law
             for
             forestalling
             in
             a
             Port
             or
             Haven
             ,
             then
             for
             the
             beforementioned
             Judgement
             :
             but
             upon
             another
             ground
             then
             that
             which
             Sir
             
               Edward
               Coke
            
             would
             have
             to
             be
             the
             ground
             (
             namely
             because
             a
             Port
             or
             Haven
             is
             within
             the
             body
             of
             a
             County
             )
             which
             is
             this
             .
             Though
             the
             forestalling
             be
             an
             act
             done
             upon
             the
             Port
             or
             Haven
             ,
             yet
             is
             it
             the
             forestalling
             of
             a
             Market
             ,
             which
             is
             kept
             at
             land
             ;
             so
             that
             act
             done
             upon
             the
             Port
             or
             Haven
             hath
             relation
             unto
             the
             Market
             which
             is
             at
             land
             .
             And
             so
             the
             act
             done
             upon
             the
             Port
             or
             Haven
             may
             be
             said
             to
             arise
             from
             the
             Market
             which
             is
             at
             land
             ,
             and
             within
             the
             body
             of
             a
             County
             ,
             and
             that
             act
             upon
             the
             Port
             to
             be
             a
             forestalling
             of
             that
             Market
             which
             is
             at
             land
             :
             Just
             as
             a
             Contract
             made
             at
             land
             for
             transporting
             goods
             by
             sea
             ,
             is
             an
             act
             done
             upon
             the
             land
             ,
             but
             hath
             relation
             to
             a
             thing
             done
             at
             sea
             ;
             and
             so
             the
             Contract
             though
             made
             at
             land
             ,
             is
             a
             thing
             that
             
             doth
             arise
             from
             a
             thing
             done
             or
             to
             be
             done
             at
             sea
             ,
             and
             doth
             not
             arise
             from
             a
             thing
             either
             done
             or
             to
             be
             done
             at
             land
             within
             the
             body
             of
             any
             County
             :
             And
             therefore
             is
             this
             Contract
             tryable
             in
             the
             Admiralty
             ,
             and
             not
             at
             the
             Common
             Law
             ▪
             And
             this
             agreeth
             with
             the
             Statute
             of
             the
             fifteenth
             of
             Richard
             the
             Second
             f
             ,
             the
             Statute
             being
             truly
             examined
             ,
             which
             I
             shall
             plainly
             shew
             when
             I
             come
             to
             speak
             of
             Contract
             .
             Yet
             may
             not
             this
             construction
             of
             the
             forestalling
             upon
             the
             water
             be
             allowed
             :
             for
             this
             is
             no
             Contract
             made
             for
             the
             performance
             of
             any
             act
             or
             thing
             at
             land
             positive
             ,
             and
             therefore
             ariseth
             not
             from
             any
             act
             or
             thing
             to
             be
             done
             at
             land
             ,
             but
             is
             a
             Contract
             which
             doth
             privatively
             debarre
             a
             further
             act
             to
             be
             done
             at
             land
             :
             And
             besides
             this
             is
             a
             compleat
             act
             ,
             having
             reference
             to
             nothing
             more
             yet
             to
             be
             done
             ;
             but
             the
             bargain
             is
             made
             ,
             the
             comomodity
             bought
             ,
             and
             all
             is
             done
             ;
             therefore
             is
             this
             forestalling
             triable
             in
             the
             Admiralty
             Court
             ,
             and
             there
             punishable
             ,
             as
             will
             hereafter
             appear
             by
             what
             I
             shall
             shew
             g
             in
             several
             chapters
             of
             this
             second
             book
             .
          
           
             In
             the
             next
             place
             it
             is
             objected
             ,
             that
             the
             19
             H.
             6.
             7.
             h
             it
             is
             said
             that
             the
             Statute
             doth
             restrain
             that
             the
             Admiral
             shall
             not
             hold
             plea
             of
             any
             thing
             rising
             within
             any
             of
             the
             Counties
             of
             this
             Nation
             ,
             but
             Executions
             he
             may
             make
             upon
             the
             land
             ;
             this
             Statute
             which
             this
             Authority
             citeth
             ,
             must
             be
             the
             same
             before
             mentioned
             Statute
             of
             15
             Ric.
             2.
             i
             therefore
             I
             will
             say
             nothing
             to
             this
             here
             ,
             more
             then
             that
             Sir
             
               Edward
               Coke
            
             doth
             hence
             inferre
             ,
             that
             though
             it
             be
             said
             in
             the
             22
             
               ass
               pl.
            
             
             93.
             k
             that
             every
             water
             which
             flows
             and
             reflows
             is
             an
             arme
             of
             the
             Sea
             ;
             yet
             it
             followeth
             not
             (
             saith
             he
             )
             that
             the
             Admiral
             shall
             have
             Jurisdiction
             there
             ,
             unless
             it
             be
             out
             of
             every
             County
             ,
             or
             else
             such
             a
             place
             whereof
             the
             Country
             cannot
             take
             knowledge
             ,
             as
             it
             appeareth
             in
             the
             book
             of
             l
             E.
             2.
             before
             cited
             .
          
           
             But
             how
             this
             hath
             any
             reference
             to
             that
             of
             the
             Statute
             ,
             to
             serve
             for
             his
             purpose
             ,
             I
             know
             not
             .
             The
             last
             thing
             against
             that
             which
             is
             said
             22.
             
               ass
               .
               pl.
            
             
             93.
             m
             he
             would
             prove
             by
             that
             of
             8
             Ed.
             2.
             n
             before
             cited
             ,
             which
             I
             have
             answered
             already
             .
          
           
             It
             is
             argued
             out
             of
             
               Fortescue
               ,
               cap.
               32.
               fol.
            
             38.
             o
             that
             the
             Admirals
             Jurisdiction
             is
             confined
             to
             the
             high
             Sea
             ,
             for
             that
             he
             there
             saith
             ;
             
               Nam
               si
               quae
               super
               altum
               mare
               extra
               corpus
               cujuslibet
               comitatus
               regni
               illius
               fiant
               ,
               quae
               postmodum
               in
               prohibito
               coram
               Admirallo
            
             Angliae
             
               deducantur
               per
               testes
               ,
               illa
               juxta
               legum
            
             Angliae
             
               sanctiones
               terminari
               debent
            
             :
             which
             (
             saith
             Sir
             
               Edward
               Coke
            
             )
             proveth
             by
             express
             words
             ,
             that
             the
             Jurisdiction
             of
             the
             Admiral
             is
             confined
             to
             the
             high
             Sea
             ,
             which
             is
             not
             within
             any
             County
             of
             the
             Realm
             .
          
           
           
             If
             Fortescue
             had
             said
             much
             more
             then
             here
             he
             doth
             to
             have
             afforded
             him
             a
             better
             foundation
             for
             his
             Argument
             ,
             then
             this
             which
             he
             hath
             said
             ,
             doth
             ;
             I
             should
             not
             have
             much
             marvelled
             at
             it
             :
             For
             he
             that
             conceived
             that
             if
             Adam
             had
             not
             sinned
             in
             Paradise
             ,
             all
             the
             World
             had
             been
             governed
             by
             the
             Common
             Law
             ,
             perhaps
             might
             in
             his
             time
             think
             it
             meritorious
             to
             reduce
             as
             much
             of
             the
             World
             as
             he
             could
             to
             the
             subjection
             of
             that
             Law
             :
             But
             truly
             out
             of
             what
             he
             saith
             here
             ,
             Sir
             
               Edward
               Cokes
            
             conclusion
             is
             not
             Logically
             to
             be
             deduced
             :
             For
             to
             say
             that
             because
             Fortescue
             saith
             that
             the
             Admiral
             hath
             Jurisdiction
             upon
             the
             high
             Sea
             ,
             which
             is
             out
             of
             any
             County
             of
             the
             Kingdom
             ,
             that
             he
             hath
             no
             Jurisdiction
             elswhere
             ,
             is
             no
             better
             an
             Argument
             ,
             then
             to
             say
             that
             Sir
             
               Edward
               Coke
            
             was
             Lord
             of
             the
             Mannor
             of
             N.
             and
             therefore
             he
             could
             have
             no
             Land
             elswhere
             :
             For
             Fortescue
             doth
             not
             speak
             this
             exclusive
             to
             any
             other
             part
             of
             the
             Admirals
             Jurisdiction
             ;
             Nor
             by
             saying
             
               Quae
               super
               altum
               mare
               extra
               corpus
               cujuslibet
               comitatus
               regni
               illius
               fiant
               ,
            
             doth
             he
             averre
             ,
             
               quod
               aliquis
               portus
               maris
               est
               infra
               corpus
               alicujus
               Comitatûs
               .
            
             If
             this
             Answer
             doth
             not
             satisfie
             ,
             adde
             the
             Answer
             to
             the
             next
             Objection
             to
             it
             .
          
           
             The
             next
             Objection
             is
             deduced
             out
             of
             the
             2
             
               Rich.
               2.
               fol.
            
             12.
             p
             
               quod
               Hibernici
               sunt
               sub
               Admirallo
               Angliae
               de
               re
               facta
               super
               altum
               mare
               ,
            
             Which
             (
             saith
             he
             )
             agreeth
             with
             the
             former
             ,
             viz.
             that
             the
             Jurisdiction
             of
             the
             Admiral
             is
             
               super
               altum
               mare
            
             .
          
           
             And
             no
             doubt
             but
             it
             is
             :
             but
             it
             doth
             not
             therefore
             follow
             that
             it
             is
             nowhere
             else
             ;
             Now
             this
             very
             authority
             sheweth
             ,
             the
             true
             use
             and
             ground
             of
             this
             distinction
             of
             
               super
               altum
               mare
            
             ,
             and
             
               super
               portum
               maris
            
             ,
             which
             is
             this
             :
             The
             Admiral
             of
             England
             hath
             Jurisdiction
             
               super
               altum
               mare
               quo
               ad
               Hibernicos
               ,
               &
               Hibernici
               sunt
               sub
               Admirallo
               Angliae
               de
               re
               sacta
               super
               altum
               mare
               &
               non
               super
               portum
               Hibernicum
               nisi
               per
               appellationem
               .
            
             And
             so
             it
             is
             between
             England
             and
             other
             Nations
             ,
             adjoyning
             to
             the
             Brittish
             Seas
             :
             For
             the
             Kings
             of
             England
             have
             
               ab
               antiquo
            
             had
             the
             dominion
             of
             those
             Seas
             as
             is
             sufficiently
             demonstrated
             and
             proved
             by
             that
             learned
             Gentleman
             Mr.
             Selden
             q
             by
             exceeding
             many
             Arguments
             throughout
             his
             whole
             Book
             
               de
               Dominio
               maris
            
             ,
             called
             
               Mare
               clausum
            
             which
             I
             have
             toucht
             upon
             before
             :
             but
             though
             the
             King
             of
             England
             had
             the
             dominion
             of
             those
             Seas
             ,
             yet
             had
             those
             Nations
             Admirals
             ,
             who
             had
             the
             Jurisdiction
             of
             ,
             and
             over
             all
             business
             done
             in
             and
             upon
             their
             own
             Ports
             ,
             so
             that
             the
             Admiral
             of
             Englands
             Jurisdiction
             
               Respectu
               Regis
               Angliae
               Dominii
               maris
            
             is
             said
             to
             be
             
               super
               altum
               mare
               quo
               ad
               alias
               omnes
               nationes
               .
            
             But
             as
             had
             his
             Power
             from
             the
             King
             ,
             so
             hath
             he
             Power
             ,
             Authority
             and
             Jurisdiction
             ,
             as
             over
             the
             Sea
             ,
             so
             over
             the
             
             Ports
             and
             Havens
             of
             the
             Sea
             ,
             belonging
             to
             this
             Nation
             ,
             aswell
             as
             the
             Admirals
             of
             France
             and
             the
             Admirals
             of
             other
             Nations
             had
             ,
             and
             have
             over
             the
             Ports
             and
             Havens
             belonging
             to
             their
             several
             Nations
             ,
             which
             undoubtedly
             they
             had
             and
             have
             ,
             as
             hath
             been
             shewed
             before
             .
             r
             And
             upon
             Letters
             of
             reprizal
             no
             man
             by
             vertue
             thereof
             taketh
             or
             seiseth
             any
             Ship
             or
             Goods
             within
             any
             foreign
             Port
             ,
             or
             any
             Port
             or
             Chambers
             of
             a
             foreign
             Prince
             ,
             other
             then
             the
             Ports
             and
             Chambers
             of
             that
             Prince
             ,
             against
             whose
             Subjects
             the
             same
             were
             granted
             .
             And
             in
             such
             cases
             as
             these
             which
             have
             relation
             to
             the
             Subjects
             of
             foreign
             Princes
             or
             States
             it
             is
             necessary
             to
             deduce
             ,
             that
             such
             a
             fact
             was
             done
             
               super
               alto
               mari
               ,
               &
               hoc
               est
               quoad
               Portus
               suos
               :
            
             but
             in
             other
             cases
             for
             Maritime
             businesses
             done
             either
             upon
             the
             Port
             or
             contracted
             for
             upon
             the
             land
             ,
             it
             is
             sufficient
             in
             the
             first
             to
             lay
             in
             the
             libel
             that
             they
             were
             done
             
               infra
               fluxum
               &
               refluxum
               maris
            
             ,
             and
             in
             the
             last
             
               infra
               jurisdictionem
               Admirallitatis
            
             ,
             as
             hath
             been
             already
             said
             ,
             and
             shall
             hereafter
             be
             more
             fully
             shewed
             .
          
           
             For
             that
             which
             followeth
             in
             the
             next
             place
             out
             of
             Stamford
             ,
             I
             joyned
             it
             with
             that
             of
             the
             8
             Ed.
             2.
             and
             have
             already
             spoken
             thereto
             .
             ſ
          
           
             
               Next
               it
               is
               said
            
             4
             &
             5
             Ph.
             &
             Mar.
             Dyer
             159.
             6.
             t
             
               by
               the
               libel
               in
               the
               Admiralty
               ,
               the
               cause
               is
               supposed
               to
               commence
            
             sur
             le
             haut
             mere
             ,
             &
             infra
             Jurisdictionem
             del
             Admiralty
             ubi
             revera
             facta
             fuit
             in
             tali
             loco
             infra
             corpus
             Comitatûs
             ,
             &
             non
             super
             altum
             mare
             ;
             
               whereby
               (
               saith
               Sir
            
             Edward
             Coke
             )
             
               it
               also
               appeareth
               that
               the
               Lord
               Admirals
               Power
               is
               confined
               to
               the
               high-sea
               .
            
          
           
             This
             Conclusion
             can
             no
             wayes
             be
             deduced
             out
             of
             the
             premisses
             ,
             for
             though
             ,
             by
             the
             libel
             in
             the
             Admiralty
             Court
             the
             cause
             was
             supposed
             to
             commence
             
               sur
               le
               haut
               mere
               ,
               &
               infra
               Jurisdictionem
               de
               l'Admiralty
               ,
            
             and
             perhaps
             falsly
             so
             suggested
             ,
             because
             the
             thing
             was
             done
             in
             some
             Town
             within
             the
             body
             of
             a
             County
             :
             for
             the
             instance
             is
             ,
             
               ubi
               revera
               facta
               fuit
               in
               tali
               loco
               infra
               corpus
               Comitatûs
            
             ;
             which
             locus
             may
             be
             any
             in-land
             Town
             within
             any
             County
             ,
             and
             
               non
               super
               altum
               mare
            
             ,
             as
             it
             deduced
             in
             the
             libel
             :
             For
             it
             doth
             not
             say
             
               ubi
               revera
               facta
               fuit
               super
               tali
               Portu
               infra
               corpus
               Comitatûs
               :
            
             If
             by
             the
             Libel
             the
             cause
             had
             been
             supposed
             to
             have
             commenced
             in
             ,
             
               vel
               ,
               super
               tali
               Portu
               infra
               fluxum
               &
               refluxum
               maris
               ,
            
             then
             the
             words
             of
             the
             Authority
             might
             have
             run
             thus
             ,
             
               ubi
               revera
               facta
               fuit
               in
               tali
               loco
               infra
               corpus
               Comitatûs
               ,
               &
               non
               super
               talem
               portum
               ,
               vel
               infra
               fluxum
               &
               refluxum
               maris
               ,
            
             aswell
             as
             
               non
               super
               altum
               mare
            
             ;
             for
             the
             words
             ,
             
               &
               non
               super
               altum
               mare
            
             ,
             are
             onely
             in
             affirmance
             of
             the
             contrary
             to
             what
             is
             layed
             in
             the
             Libel
             ,
             and
             no
             ways
             confining
             the
             Admirals
             
             Jurisdiction
             to
             the
             particular
             place
             laid
             in
             the
             Libel
             ,
             specifying
             and
             designing
             that
             very
             place
             where
             such
             a
             particular
             act
             was
             not
             done
             ,
             if
             so
             be
             in
             the
             Libel
             it
             had
             been
             laid
             ,
             that
             this
             act
             had
             been
             done
             about
             the
             mid-way
             between
             Dover
             and
             Callis
             ;
             and
             the
             Authority
             had
             said
             ,
             
               ubi
               revera
               facta
               fuit
               in
               tali
               loco
               infra
               corpus
               comitatus
               ,
            
             and
             not
             in
             or
             about
             the
             mid-way
             between
             Dover
             and
             Callis
             ,
             I
             hope
             no
             man
             will
             say
             ,
             that
             by
             this
             authority
             the
             Admirals
             Jurisdiction
             had
             been
             confined
             to
             that
             part
             of
             the
             seas
             that
             is
             about
             the
             mid-way
             between
             Dover
             and
             Callis
             ;
             so
             that
             it
             is
             plain
             this
             conclusion
             cannot
             be
             drawn
             out
             of
             the
             authority
             .
          
           
             The
             rest
             of
             the
             Authorities
             which
             follow
             concern
             Contracts
             made
             at
             land
             of
             things
             to
             be
             done
             and
             performed
             at
             sea
             ,
             and
             of
             things
             done
             or
             contracted
             beyond
             the
             seas
             ,
             which
             u
             I
             shall
             deferre
             to
             their
             proper
             places
             .
          
           
             There
             be
             two
             things
             more
             urged
             to
             prove
             the
             Admirals
             Jurisdiction
             to
             be
             confined
             to
             the
             high
             Seas
             ,
             and
             not
             to
             be
             upon
             the
             Ports
             and
             Havens
             ,
             which
             are
             not
             cited
             amongst
             his
             Book-cases
             and
             Authorities
             of
             Books
             ,
             but
             are
             cited
             before
             them
             ;
             one
             amongst
             the
             Praemunire's
             by
             him
             cited
             ,
             which
             I
             have
             spoken
             to
             already
             x
             ,
             and
             the
             other
             cited
             amongst
             the
             Prohibitions
             by
             him
             cited
             ,
             which
             concern
             Contracts
             ,
             and
             are
             referred
             to
             their
             proper
             y
             places
             .
          
           
             These
             two
             I
             shall
             here
             insert
             before
             I
             proceed
             to
             the
             next
             chapter
             .
          
           
             The
             first
             of
             them
             is
             urged
             out
             of
             the
             book
             of
             Entries
             ,
             
               fol.
               23.
               tit
            
             .
             z
             Admiralty
             ,
             where
             it
             appeareth
             (
             saith
             he
             )
             that
             the
             taking
             of
             a
             Ship
             called
             the
             Trinity
             of
             London
             ,
             lying
             upon
             the
             River
             of
             E.
             in
             the
             County
             of
             Kent
             ,
             is
             not
             
               super
               altum
               mare
            
             ,
             but
             
               infra
               corpus
               comitatus
            
             Cantiae
             ,
             and
             therefore
             a
             Suit
             for
             the
             taking
             of
             that
             Ship
             lying
             there
             ,
             in
             the
             Admiralty
             Court
             before
             John
             Earl
             of
             Huntingdon
             ,
             Admiral
             of
             England
             ,
             appeareth
             to
             be
             against
             the
             said
             Statutes
             ,
             and
             yet
             no
             question
             that
             was
             
               infra
               fluxum
               &
               refluxum
               maris
               ,
               &
               infra
               primos
               pontes
               .
            
          
           
             Here
             he
             saith
             ,
             that
             the
             taking
             of
             that
             Ship
             in
             that
             place
             appeareth
             to
             be
             against
             the
             said
             Statutes
             ,
             but
             mentioneth
             not
             what
             Statutes
             ,
             having
             quoted
             divers
             before
             .
             If
             there
             had
             been
             a
             Judgement
             in
             the
             case
             ,
             he
             certainly
             would
             have
             added
             this
             proof
             to
             the
             Judgement
             of
             Burton
             and
             Putts
             Case
             ,
             and
             have
             averred
             it
             to
             have
             been
             against
             those
             Statutes
             of
             the
             13
             and
             15
             of
             Ric.
             2.
             and
             Hen.
             4.
             but
             here
             it
             is
             inserted
             amongst
             the
             Praemunires
             by
             him
             cited
             ,
             and
             the
             Statutes
             next
             before
             mentioned
             ,
             are
             ,
             the
             Statute
             of
             32
             
               Hen.
               8.
               c.
            
             14.
             and
             the
             Statute
             of
             Ric.
             2.
             concerning
             Praemunire's
             ,
             
             which
             must
             be
             the
             Statutes
             ,
             against
             which
             this
             taking
             must
             be
             said
             to
             appear
             to
             be
             ;
             by
             reason
             he
             saith
             it
             appeareth
             to
             be
             against
             the
             said
             Statutes
             ,
             which
             must
             be
             meant
             of
             the
             next
             mentioned
             preceding
             Statutes
             ;
             If
             then
             ,
             it
             appeareth
             there
             to
             be
             against
             the
             Statute
             of
             premunire
             ,
             I
             hope
             it
             hath
             already
             a
             received
             an
             answer
             :
             If
             against
             that
             of
             the
             32
             of
             
               Hen.
               8.
               c.
            
             14.
             it
             cannot
             be
             so
             ,
             as
             shall
             be
             shewed
             when
             we
             come
             to
             treat
             of
             freight
             and
             b
             contracts
             ,
             where
             we
             shall
             have
             occasion
             to
             mention
             that
             Statute
             against
             his
             tenents
             .
          
           
             The
             other
             thing
             by
             him
             urged
             doth
             next
             precede
             the
             prohibitions
             by
             him
             quoted
             
               ex
               Rot.
               140.
               
               Mich.
               16.
               
               Hen.
               8.
               
            
             c
             The
             River
             of
             Thames
             at
             Billinsgate
             (
             saith
             he
             )
             is
             not
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             but
             
               infra
               corpus
               comitatus
            
             .
          
           
             This
             followeth
             next
             after
             the
             premunires
             ,
             and
             precedeth
             next
             before
             the
             prohibitions
             by
             him
             quoted
             ,
             that
             the
             River
             of
             Thames
             at
             Billingsgate
             is
             not
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             :
             by
             this
             Record
             it
             must
             appear
             thereby
             not
             so
             to
             be
             ,
             either
             by
             a
             premunire
             brought
             ,
             or
             by
             a
             prohibition
             granted
             ,
             (
             as
             I
             conceive
             )
             being
             inserted
             in
             that
             place
             ,
             and
             must
             have
             some
             relation
             either
             to
             what
             precedeth
             ,
             or
             what
             followeth
             .
          
           
             If
             the
             River
             of
             Thames
             at
             Billingsgate
             by
             this
             Record
             appear
             to
             be
             
               infra
               corpus
               comitatus
            
             by
             a
             premunire
             brought
             ,
             I
             can
             say
             no
             more
             to
             it
             then
             I
             have
             already
             d
             said
             .
             If
             by
             a
             prohibition
             granted
             onely
             ,
             it
             proveth
             nothing
             ;
             for
             many
             a
             prohibition
             hath
             been
             granted
             ,
             and
             consultations
             have
             been
             awarded
             ,
             without
             denial
             of
             the
             suggestions
             .
             And
             oftentimes
             prohibitions
             have
             been
             granted
             upon
             such
             suggestions
             as
             could
             not
             be
             maintained
             ,
             but
             deserved
             consultations
             upon
             the
             debate
             thereof
             ;
             and
             sometimes
             the
             parties
             have
             come
             to
             an
             agreement
             after
             prohibition
             granted
             ,
             when
             consultations
             would
             have
             been
             awarded
             if
             they
             had
             been
             sued
             for
             ,
             which
             are
             said
             to
             be
             Judgements
             in
             such
             Cases
             :
             but
             a
             prohibition
             is
             no
             proof
             until
             a
             dispute
             had
             upon
             the
             validity
             ,
             and
             a
             determination
             thereupon
             ,
             no
             more
             then
             the
             bringing
             of
             an
             action
             at
             the
             Common
             Law
             ,
             and
             giving
             a
             Declaration
             without
             any
             further
             proceedings
             ,
             is
             a
             proof
             that
             what
             is
             by
             Declaration
             claimed
             ,
             is
             due
             ,
             or
             that
             the
             action
             was
             duely
             and
             legally
             instituted
             and
             brought
             .
          
        
         
           
           
             CHAP.
             IX
             .
          
           
             That
             the
             Rhodian
             and
             other
             Maritime
             Laws
             were
             ordeined
             as
             well
             for
             the
             decision
             of
             the
             differnces
             happening
             upon
             the
             Ports
             and
             Havens
             ,
             as
             upon
             the
             high
             Seas
             .
          
           
             ALl
             these
             Proofs
             and
             Authorities
             which
             I
             have
             handled
             in
             the
             four
             last
             ,
             and
             next
             preceding
             Chapters
             being
             collected
             and
             gathered
             into
             one
             heap
             ,
             as
             by
             Sir
             
               Edward
               Coke
            
             they
             are
             ,
             and
             taken
             by
             themselves
             ,
             do
             make
             a
             specious
             shew
             ,
             and
             a
             fair
             colour
             for
             the
             turning
             the
             Lord
             high
             Admiral
             of
             England
             out
             of
             his
             Jurisdiction
             ,
             upon
             the
             Ports
             ,
             Creeks
             ,
             and
             Havens
             of
             the
             Sea
             ,
             but
             no
             more
             then
             a
             shew
             or
             colour
             as
             appeareth
             to
             my
             view
             .
          
           
             For
             the
             ancient
             ,
             constant
             ,
             and
             continued
             Practice
             of
             the
             Admiralty
             Court
             ,
             and
             all
             the
             Proofs
             ,
             Presidents
             ,
             and
             Authorities
             ,
             which
             make
             to
             the
             contrary
             of
             what
             is
             by
             him
             set
             forth
             ,
             being
             with
             them
             well
             weighed
             and
             considered
             ,
             all
             that
             he
             hath
             shewed
             in
             this
             particular
             ,
             will
             serve
             onely
             to
             prove
             what
             interruptions
             have
             been
             put
             ,
             and
             inrodes
             made
             upon
             the
             Admiralty
             Court
             ,
             :
             For
             certainly
             the
             Proceedings
             ,
             Acts
             ,
             and
             Judgements
             given
             in
             the
             Admiralty
             Court
             concerning
             businesses
             agitated
             and
             done
             upon
             the
             Ports
             and
             Havens
             will
             ,
             as
             presidents
             for
             the
             Admirals
             Jurisdiction
             there
             ,
             amount
             unto
             a
             great
             number
             for
             those
             few
             he
             hath
             quoted
             against
             it
             .
          
           
             The
             Jurisdiction
             of
             the
             Admiralty
             ,
             and
             the
             Jurisdiction
             of
             the
             Common
             Law
             ,
             having
             always
             been
             two
             distinct
             Jurisdictions
             ,
             having
             no
             dependancie
             each
             upon
             the
             other
             ,
             but
             both
             exercised
             under
             the
             Kings
             of
             England
             ,
             e
             I
             know
             not
             why
             the
             ancient
             Practice
             and
             Presidents
             of
             the
             Admiralty
             Court
             should
             not
             be
             as
             convincing
             in
             the
             proof
             of
             this
             particular
             ,
             which
             resteth
             in
             controversie
             between
             them
             ,
             as
             the
             practice
             and
             presidents
             of
             the
             other
             :
             But
             it
             is
             like
             enough
             some
             will
             be
             ready
             to
             averre
             that
             the
             Admiralty
             Court
             ,
             is
             not
             a
             Court
             of
             Record
             ,
             and
             therefore
             presidents
             of
             that
             Court
             are
             not
             of
             so
             great
             credit
             as
             the
             Presidents
             of
             the
             Courts
             of
             Common
             Law
             ,
             but
             it
             will
             be
             very
             unfit
             for
             me
             to
             enter
             into
             that
             dispute
             ,
             when
             as
             it
             is
             upon
             the
             matter
             put
             to
             the
             question
             ,
             whether
             it
             be
             so
             much
             as
             a
             Court
             at
             all
             ,
             or
             not
             :
             For
             if
             it
             shall
             have
             the
             cognizance
             of
             scarce
             any
             cause
             at
             all
             (
             as
             it
             cannot
             have
             ,
             if
             all
             be
             true
             that
             Sir
             
               Edward
               Coke
            
             would
             prove
             ,
             as
             I
             
             shall
             shew
             hereafter
             ,
             when
             I
             come
             to
             summe
             up
             all
             together
             )
             then
             doth
             it
             not
             deserve
             so
             much
             as
             the
             name
             of
             a
             Court.
             
          
           
             This
             only
             I
             shall
             say
             by
             the
             way
             ,
             that
             when
             it
             was
             a
             Court
             ,
             or
             if
             it
             be
             a
             Court
             ,
             it
             hath
             been
             ,
             and
             is
             as
             much
             a
             Court
             of
             Record
             as
             all
             Courts
             in
             foreign
             Nations
             beyond
             the
             seas
             have
             been
             ,
             and
             are
             ;
             and
             whatsoever
             hath
             in
             that
             Court
             been
             ,
             or
             is
             done
             ,
             being
             legally
             transmitted
             and
             certified
             ,
             would
             have
             carried
             ,
             and
             doth
             carry
             along
             with
             it
             as
             good
             credit
             in
             all
             parts
             of
             Christendome
             as
             any
             Record
             whatsoever
             ,
             certified
             out
             of
             any
             of
             the
             Courts
             at
             Westminster
             ,
             and
             so
             will
             and
             doth
             at
             this
             present
             for
             any
             thing
             therein
             transacted
             .
             But
             if
             I
             should
             enter
             upon
             the
             presidents
             in
             Civil
             causes
             ,
             which
             are
             to
             be
             brought
             out
             of
             the
             Registry
             of
             the
             Admiralty
             for
             the
             cognizance
             of
             causes
             done
             upon
             the
             Ports
             and
             Havens
             ,
             I
             should
             make
             my self
             an
             endless
             piece
             of
             work
             ;
             and
             when
             I
             have
             done
             those
             things
             ,
             perhaps
             may
             for
             all
             that
             hath
             been
             said
             ,
             be
             thought
             by
             many
             not
             to
             be
             authentique
             :
             I
             shall
             therefore
             pass
             them
             over
             ,
             and
             come
             to
             those
             things
             which
             are
             as
             authentique
             ,
             in
             my
             poor
             judgement
             ,
             for
             proof
             of
             the
             Admirals
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             ,
             as
             any
             thing
             that
             hath
             been
             brought
             against
             it
             .
             And
             I
             shall
             begin
             first
             with
             the
             Rhodian
             and
             antient
             Maritime
             Laws
             ,
             made
             ,
             ordained
             ,
             and
             appointed
             for
             the
             decision
             of
             Maritime
             causes
             arising
             and
             happening
             as
             well
             upon
             the
             Ports
             and
             Havens
             ,
             as
             upon
             the
             high
             Seas
             ,
             and
             then
             proceed
             to
             other
             proofs
             .
          
           
             By
             the
             Laws
             of
             the
             Rhodes
             and
             other
             sea
             Laws
             inserted
             into
             the
             body
             of
             the
             Civil
             Law
             ,
             which
             give
             directions
             how
             to
             steer
             the
             Judicature
             of
             so
             many
             causes
             ,
             which
             may
             happen
             and
             fall
             out
             upon
             Ports
             and
             Havens
             ,
             it
             manifestly
             appeareth
             that
             things
             there
             done
             ,
             and
             controversies
             thence
             arising
             ,
             are
             properly
             cognizable
             by
             the
             Admiral
             ,
             no
             other
             Law
             having
             the
             like
             grounds
             ,
             or
             affording
             the
             like
             rules
             for
             the
             decision
             of
             such
             differences
             ,
             or
             giving
             such
             directions
             for
             the
             avoyding
             of
             strife
             in
             businesses
             of
             that
             nature
             :
             To
             introduce
             them
             all
             here
             ,
             would
             make
             a
             Volumne
             ,
             which
             I
             Intend
             not
             ,
             and
             it
             would
             be
             too
             tedious
             a
             labour
             to
             effect
             that
             which
             so
             few
             regard
             ,
             namely
             to
             set
             forth
             the
             most
             exquisite
             excellency
             of
             the
             Civil
             Law
             founded
             upon
             the
             very
             strength
             of
             reason
             it self
             .
             But
             why
             should
             I
             so
             highly
             commend
             that
             which
             is
             so
             much
             scorned
             ,
             either
             to
             be
             understood
             ,
             or
             so
             much
             as
             lookt
             after
             ,
             and
             by
             some
             condemned
             before
             it
             be
             lookt
             into
             ,
             or
             at
             all
             understood
             what
             it
             is
             ?
             Serjeant
             Callis
             f
             condemneth
             the
             Imperial
             Law
             ,
             which
             (
             saith
             he
             )
             the
             Civilians
             use
             ;
             for
             that
             the
             Sea-shoar
             is
             therein
             held
             to
             be
             Common
             to
             all
             ,
             and
             saith
             
             that
             the
             Common
             Law
             of
             England
             doth
             in
             reason
             surpass
             either
             the
             Imperial
             Law
             or
             the
             Civil
             Law
             ;
             which
             distinction
             sheweth
             the
             understanding
             he
             had
             in
             those
             two
             Laws
             ,
             which
             the
             world
             hitherto
             made
             but
             one
             .
             And
             Sir
             
               Ed.
               Coke
            
             condemneth
             the
             Civil
             Law
             for
             proceeding
             by
             paper
             proofs
             (
             as
             he
             calleth
             them
             )
             slighting
             them
             as
             if
             those
             proofs
             that
             were
             taken
             without
             a
             publique
             Notary
             without
             the
             repetition
             of
             the
             Witnesses
             before
             a
             Judge
             ,
             or
             without
             the
             liberty
             of
             administring
             Interrogatories
             by
             the
             adverse
             party
             at
             the
             same
             time
             ,
             and
             only
             exprest
             by
             word
             of
             mouth
             ,
             and
             neither
             set
             down
             in
             Paper
             or
             Parchment
             ,
             but
             passeth
             away
             with
             every
             ayr
             ,
             were
             better
             taken
             ,
             and
             remained
             more
             perfect
             on
             record
             ,
             then
             those
             Paper
             proofs
             which
             are
             in
             such
             manner
             taken
             ,
             and
             with
             as
             much
             care
             preserved
             .
             But
             surely
             in
             most
             controversies
             which
             do
             arise
             from
             a
             thing
             done
             upon
             the
             Ports
             and
             Havens
             ,
             it
             is
             most
             necessary
             ,
             that
             the
             proof
             for
             the
             decision
             thereof
             ,
             be
             taken
             by
             such
             Paper
             proofs
             ;
             sometimes
             in
             regard
             of
             the
             speedy
             return
             of
             the
             Witnesses
             into
             the
             parts
             beyond
             the
             seas
             ,
             who
             cannot
             stay
             such
             an
             examination
             (
             without
             their
             undoing
             )
             as
             to
             be
             present
             to
             afford
             their
             testimony
             
               viva
               voce
            
             at
             the
             time
             of
             the
             tryall
             :
             sometimes
             in
             regard
             necessary
             and
             requisite
             Witnesses
             are
             hence
             departed
             ,
             before
             the
             Suit
             be
             instituted
             ,
             and
             resided
             beyond
             the
             seas
             ,
             where
             their
             testimony
             must
             necessarily
             be
             taken
             by
             Commission
             ,
             which
             by
             the
             manner
             of
             proof
             made
             at
             the
             Common
             Law
             ,
             cannot
             be
             done
             ;
             so
             that
             most
             differences
             which
             do
             arise
             from
             things
             done
             upon
             the
             Ports
             and
             Havens
             ,
             must
             be
             proceeded
             in
             according
             to
             the
             rules
             of
             the
             Civil
             Law
             ,
             and
             have
             their
             determination
             from
             the
             same
             ,
             or
             else
             be
             decided
             without
             testimony
             ,
             which
             is
             to
             judge
             blindfold
             ,
             or
             else
             to
             rest
             unadjudged
             ,
             and
             the
             wronged
             and
             injured
             party
             to
             be
             left
             remediless
             and
             unrelieved
             .
             But
             it
             will
             be
             answered
             ,
             that
             in
             such
             cases
             they
             may
             have
             a
             Commission
             out
             of
             the
             Chancery
             for
             that
             purpose
             :
             To
             which
             I
             must
             reply
             that
             the
             Controversie
             is
             whether
             the
             cognizance
             and
             tryall
             of
             causes
             arising
             from
             things
             done
             upon
             the
             Ports
             and
             Havens
             doth
             belong
             to
             the
             Common
             Law
             ,
             or
             to
             the
             Civil
             and
             Maritime
             Law.
             And
             then
             surely
             it
             must
             more
             properly
             belong
             unto
             that
             Law
             and
             that
             Court
             ,
             which
             can
             of
             it self
             without
             the
             assistance
             of
             any
             other
             Court
             ,
             make
             a
             compleat
             proceeding
             and
             tryall
             ,
             and
             give
             a
             direct
             judgement
             according
             to
             express
             rules
             of
             Justice
             in
             such
             causes
             ,
             then
             to
             that
             Court
             ,
             which
             without
             the
             assistance
             of
             another
             Court
             can
             do
             neither
             .
             Neither
             can
             the
             Common
             Law
             Courts
             in
             very
             many
             such
             causes
             of
             it self
             proceed
             for
             want
             of
             such
             Commissions
             ;
             neither
             hath
             it
             in
             as
             
             many
             causes
             any
             express
             rules
             to
             direct
             the
             Judicature
             thereof
             .
             I
             shall
             here
             set
             down
             some
             few
             of
             those
             Laws
             ,
             which
             the
             Civil
             and
             Maritime
             Laws
             give
             in
             such
             Cases
             ,
             so
             farre
             forth
             onely
             as
             to
             shew
             ,
             that
             the
             Maritime
             Laws
             were
             ordained
             as
             well
             for
             the
             Ports
             and
             Havens
             ,
             as
             for
             the
             main
             Seas
             .
          
           
             
               First
               then
               for
               the
               lading
               of
               a
               Ship
               ,
               which
               is
               always
               or
               commonly
               in
               a
               Port
               or
               Haven
               ,
               the
               Civil
               and
               Maritime
               Law
               directeth
               who
               of
               the
               Ship
               shall
               be
               chargeable
               with
               such
               Lading
               ,
               as
               shall
               be
               put
               aboard
               the
               said
               Ship
               ,
               and
               who
               shall
               not
            
             ;
             sunt
             quidam
             in
             navibus
             ,
             qui
             custodiae
             gratiâ
             navibus
             praeponuntur
             ut
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             &
             diaetarii
             :
             Si
             quis
             igitur
             ex
             his
             receperit
             puto
             in
             exercitorem
             dandam
             actionem
             ;
             quia
             is
             qui
             eos
             hujusmodi
             officio
             praeponit
             ,
             committi
             eis
             permittit
             ;
             quanquam
             ipse
             navicularius
             vel
             magister
             id
             faciat
             quod
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             appellant
             :
             Sed
             &
             si
             hoc
             non
             extet
             ,
             tamen
             de
             recepto
             navicularius
             tenebitur
             g
             non
             debet
             per
             remigem
             ,
             aut
             mesonautam
             obligari
             ,
             sed
             per
             se
             ,
             vel
             h
             navis
             magistrum
             .
          
           
             This
             Law
             doth
             not
             onely
             shew
             who
             is
             chargeable
             with
             the
             Wares
             and
             Merchandizes
             laden
             aboard
             of
             the
             Ship
             ,
             but
             likewise
             what
             things
             they
             are
             chargeable
             for
             ,
             and
             saith
             ,
             
               Quod
               cujusque
               salvum
               fore
            
             i
             
               receperint
               ,
               hoc
               est
               ,
               quamcunque
               rem
               sive
               mercem
               receperint
            
             ;
             and
             least
             it
             might
             be
             thought
             that
             it
             is
             onely
             meant
             of
             Wares
             and
             Merchandizes
             ,
             and
             nothing
             else
             ,
             it
             explaineth
             it self
             yet
             further
             ,
             and
             saith
             
               ad
               eas
               quoque
               res
               hoc
               edictum
               pertinere
               quae
               mercibus
               accederent
               ,
               veluti
               vestimenta
               quibus
               in
               nayibus
               uterentur
               ,
               &
               cetera
               quae
               ad
               quotidianum
            
             k
             
               usum
               habemus
               ;
               &
               parvi
               referre
               res
               nostras
               an
               alienas
               intulimus
               ,
               si
               tamen
               nostra
               intersit
               salvas
               esse
               .
            
             l
             And
             assoon
             as
             such
             Merchandizes
             and
             other
             Commodities
             are
             put
             aboard
             the
             Ship
             ,
             whether
             she
             be
             upon
             Port
             ,
             Haven
             ,
             or
             any
             other
             part
             of
             the
             Seas
             ,
             he
             that
             is
             
               exercitor
               navis
            
             ,
             is
             chargeable
             therewith
             ;
             and
             if
             the
             same
             be
             there
             lost
             or
             purloined
             ,
             or
             sustain
             any
             damage
             ,
             hurt
             ,
             or
             loss
             ,
             whether
             in
             the
             Haven
             before
             ,
             or
             upon
             the
             Seas
             after
             the
             Ship
             be
             set
             forward
             on
             her
             voyage
             ,
             whether
             it
             be
             done
             by
             the
             Mariners
             or
             any
             other
             through
             their
             permission
             or
             negligence
             ,
             he
             that
             is
             
               exercitor
               navis
            
             is
             to
             make
             good
             the
             same
             .
          
           
             
               For
               saith
               the
               Law
            
             ,
             recepit
             salvum
             fore
             ,
             utrum
             si
             in
             navim
             res
             missae
             ei
             assignatae
             sint
             ,
             an
             etsi
             non
             sint
             assignatae
             ,
             hoc
             tamen
             ipso
             quod
             in
             navim
             missae
             sint
             receptae
             videntur
             ,
             &
             omnium
             recepit
             custodiam
             quae
             in
             navini
             illatae
             sunt
             :
             Et
             factum
             non
             solum
             nautarum
             praestare
             debet
             ,
             sed
             &
             m
             vectorum
             .
          
           
             
               And
               in
               these
               cases
               two
               several
               Maritime
               Actions
               do
               lie
               ,
               whereof
               the
               Agent
               hath
               his
               choice
               .
            
             Dicendum
             duas
             proponi
             actiones
             exercitorias
             :
             una
             est
             de
             recepto
             in
             simplum
             ,
             quae
             dicitur
             in
             factum
             ;
             altera
             est
             actio
             in
             factum
             è
             delicto
             nautarum
             ex
             quasi
             delicto
             exercitoris
             qui
             videtur
             delinquere
             
             quod
             improbis
             nautis
             utatur
             .
             Et
             haec
             est
             in
             duplum
             ,
             sed
             in
             eam
             non
             venit
             n
             factum
             vectorum
             .
          
           
             So
             that
             the
             very
             lading
             of
             goods
             aboard
             the
             Ship
             ,
             chargeth
             him
             that
             is
             
               exercitor
               navis
            
             therewith
             (
             which
             the
             Common
             Law
             doth
             not
             ;
             )
             for
             he
             is
             lyable
             for
             whatsoever
             his
             Mariners
             shall
             do
             aboard
             the
             Ship
             ,
             be
             she
             in
             Port
             ,
             Haven
             ,
             or
             upon
             the
             high
             Seas
             ;
             but
             he
             is
             not
             lyable
             for
             what
             they
             shall
             do
             ,
             being
             at
             land
             ,
             and
             not
             aboard
             the
             Ship
             :
             so
             that
             the
             Ship
             maketh
             distinction
             of
             Actions
             ,
             but
             maketh
             no
             distinction
             at
             all
             between
             her
             being
             upon
             the
             high
             Seas
             ,
             or
             upon
             Port
             or
             Haven
             ;
             
               Debet
               Exercitor
               omnium
               nautarum
               suorum
               sive
               liberi
               sint
               ,
               sive
               servi
               ,
               factum
               praestare
               ;
               nec
               immerito
               factum
               eorum
               praestat
               ,
               cum
               ipse
               eos
               suo
               periculo
               adhibuerit
               ;
               sed
               non
            
             o
             
               alias
               praestat
               ,
               quam
               in
               ipsa
               nave
               damnum
               datum
               sit
               ,
               caeterum
               si
               extra
               navim
               licet
               a
               nautis
               non
               praestabit
               .
            
          
           
             But
             if
             the
             Exercitor
             shall
             receive
             goods
             on
             the
             shoar
             
               in
               nave
               custodienda
               sive
               transportanda
            
             ,
             and
             shall
             lose
             them
             ,
             or
             suffer
             them
             to
             be
             stoln
             from
             him
             before
             they
             shall
             be
             laden
             aboard
             the
             said
             Ship
             ,
             he
             shall
             be
             lyable
             to
             make
             satisfaction
             .
             Idem
             p
             
               ait
               etiam
               si
               nondum
               sint
               res
               in
               navim
               receptae
               ,
               sed
               in
               littore
               perierint
               ,
               quas
               semel
               recepit
               ,
               periculum
               ad
               eum
               pertinere
               .
            
          
           
             If
             therefore
             he
             be
             lyable
             for
             such
             goods
             as
             he
             shall
             receive
             upon
             the
             shoar
             to
             be
             put
             aboard
             his
             Ship
             ,
             and
             transported
             ,
             in
             case
             they
             there
             perish
             ,
             or
             be
             otherwise
             damnified
             ;
             much
             more
             shall
             he
             be
             answerable
             for
             such
             goods
             and
             merchandizes
             as
             he
             shall
             receive
             ,
             or
             shall
             be
             laden
             aboard
             his
             Ship
             ,
             if
             the
             same
             perish
             or
             be
             damnified
             in
             or
             upon
             the
             Port
             or
             Haven
             .
          
           
             Those
             Laws
             of
             the
             Rhodes
             which
             we
             find
             inserted
             into
             the
             body
             of
             the
             Civil
             Law
             ,
             which
             are
             the
             ancientest
             Sea-laws
             extant
             ,
             do
             treat
             of
             the
             casting
             overboard
             of
             goods
             in
             a
             storme
             or
             tempest
             for
             preservation
             of
             the
             Ship
             ,
             and
             the
             remainder
             of
             goods
             ,
             and
             of
             the
             Avaridge
             payable
             out
             of
             the
             same
             ,
             whether
             the
             Ship
             be
             in
             such
             stress
             of
             weather
             upon
             the
             Ports
             or
             Havens
             ,
             or
             upon
             the
             high
             Seas
             ;
             and
             the
             rules
             there
             set
             down
             do
             serve
             as
             well
             for
             the
             one
             place
             as
             the
             other
             .
          
           
             These
             Laws
             and
             Rules
             being
             general
             ,
             and
             not
             restrained
             to
             the
             high
             Seas
             ,
             do
             sufficiently
             prove
             that
             they
             were
             constituted
             and
             ordained
             for
             all
             places
             where
             a
             Ship
             might
             fall
             into
             such
             danger
             ,
             that
             by
             this
             
               Jactus
               mercium
            
             the
             Ship
             and
             remainder
             of
             the
             Goods
             and
             Merchandizes
             might
             be
             preserved
             .
             And
             such
             danger
             doth
             not
             alwayes
             fall
             out
             upon
             the
             high
             Seas
             ,
             but
             oftentimes
             upon
             the
             Ports
             and
             Havens
             .
          
           
             But
             least
             this
             shall
             be
             thought
             not
             sufficient
             ,
             but
             that
             notwithstanding
             
             the
             generality
             of
             the
             Sea
             Laws
             ,
             which
             have
             provided
             directions
             sufficient
             for
             what
             is
             to
             be
             done
             in
             such
             cases
             ,
             yet
             they
             were
             to
             be
             made
             use
             of
             only
             when
             such
             accidents
             happened
             ,
             and
             fell
             out
             upon
             the
             high
             Seas
             ;
             and
             that
             they
             were
             constituted
             and
             ordained
             only
             for
             such
             causes
             falling
             out
             upon
             the
             high
             Seas
             ,
             and
             not
             upon
             the
             Ports
             and
             Havens
             ,
             but
             left
             such
             causes
             there
             falling
             out
             unto
             the
             cognizance
             of
             the
             Common
             Law
             here
             in
             England
             ,
             and
             other
             municipal
             Laws
             in
             other
             Nations
             .
             I
             shall
             here
             set
             down
             one
             express
             Law
             ,
             inserted
             amongst
             the
             rest
             of
             〈◊〉
             Sea
             Laws
             ,
             which
             sheweth
             that
             all
             these
             Laws
             were
             as
             well
             appointed
             for
             such
             causes
             happenning
             upon
             the
             Ports
             and
             Havens
             ,
             as
             they
             were
             ordained
             for
             those
             that
             fell
             out
             on
             the
             high
             Seas
             ,
             which
             Law
             maketh
             further
             provision
             in
             a
             cause
             of
             the
             like
             nature
             ,
             happenning
             either
             upon
             the
             high
             Sea
             or
             Port
             in
             express
             words
             ,
             and
             sheweth
             plainly
             too
             ,
             that
             all
             the
             rest
             were
             constituted
             and
             appointed
             for
             both
             ;
             which
             runs
             thus
             :
             
               Navis
               onustae
               levandae
               causa
               (
               quia
               intrare
               flumen
               vel
               portum
               non
               potuerit
               cun●●onere
               )
               si
               quaedam
               merces
               in
               scapham
               trajectae
               sunt
               ,
               ne
               aut
               extra
               flumen
               periclitetur
               aut
               ipso
               ostio
               vel
               portu
               ,
               eaque
               scapha
               submersa
               est
               ;
               ratio
               haberi
               debet
               inter
               eos
               ,
               qui
               in
               nave
               merces
               salvas
               habent
               ,
               cum
               his
               qui
               in
               scaphâ
               perdiderunt
               perinde
               tanquam
               si
               jactura
               facta
               esset
            
             p
          
           
             Here
             it
             is
             manifest
             by
             this
             Law
             ,
             that
             if
             for
             the
             lightening
             of
             a
             laden
             Ship
             ,
             because
             she
             cannot
             enter
             into
             the
             River
             or
             Port
             with
             her
             burthen
             ,
             some
             of
             the
             Goods
             shall
             be
             put
             into
             the
             Ships
             boat
             ,
             least
             the
             Ship
             should
             be
             endangered
             either
             without
             the
             River
             ,
             or
             in
             the
             door
             of
             the
             Sea
             or
             Port
             it self
             ,
             and
             that
             Boat
             shall
             be
             drowned
             ,
             a
             consideration
             is
             to
             be
             had
             between
             those
             which
             have
             their
             Goods
             saved
             in
             the
             Ship
             ,
             and
             those
             that
             have
             lost
             their
             Goods
             in
             the
             Boat
             as
             if
             there
             had
             been
             a
             jacture
             made
             ;
             so
             that
             here
             we
             see
             the
             same
             rule
             holdeth
             for
             the
             preservation
             of
             a
             Ship
             ,
             as
             well
             within
             the
             Port
             or
             Haven
             ,
             or
             the
             mouth
             or
             door
             thereof
             ,
             as
             for
             her
             preservation
             upon
             the
             high
             Seas
             .
          
           
             It
             may
             be
             further
             observed
             out
             of
             this
             Law
             ,
             that
             
               ostium
               maris
            
             and
             
               portus
               maris
            
             be
             both
             one
             and
             the
             same
             thing
             :
             for
             as
             ostium
             is
             a
             door-gate
             or
             entrance
             ,
             so
             is
             portus
             a
             Port
             or
             Portal
             ,
             beginning
             or
             entrance
             of
             the
             Sea
             ,
             or
             into
             the
             Sea
             ;
             and
             that
             
               ostium
               maris
            
             is
             not
             an
             imaginary
             thing
             between
             the
             Sea
             and
             the
             Port
             or
             Haven
             ,
             as
             Sir
             
               Edward
               Coke
            
             would
             have
             it
             to
             be
             ;
             for
             as
             by
             saying
             a
             Port
             or
             Haven
             ,
             we
             mean
             but
             one
             and
             the
             same
             thing
             ,
             intimating
             that
             you
             may
             take
             which
             term
             you
             will
             ,
             as
             this
             Law
             doth
             in
             the
             beginning
             by
             the
             words
             
               flumen
               vel
               portus
            
             ,
             mean
             one
             and
             the
             same
             thing
             ,
             when
             it
             saith
             
               quia
               intrare
               flumen
               vel
               portum
               non
               potuerit
               ,
               
               &c.
            
             so
             doth
             it
             in
             the
             next
             place
             by
             ostium
             or
             portus
             mean
             one
             and
             the
             same
             thing
             likewise
             ,
             when
             it
             saith
             
               ne
               periclitetur
               aut
               extra
               flumen
               ,
               aut
               in
               ipso
               ostio
               ,
               vel
               portu
               ,
            
             the
             (
             aut
             )
             making
             the
             disjunctive
             ,
             and
             not
             the
             (
             vel
             )
             And
             indeed
             the
             whole
             Port
             withal
             its
             banks
             is
             door
             slender
             enough
             for
             the
             keeping
             of
             the
             raging
             waves
             and
             wallowing
             billows
             of
             the
             Sea
             from
             overflowing
             the
             Land.
             And
             the
             banks
             may
             properly
             enough
             (
             though
             they
             be
             termed
             the
             Sea
             banks
             )
             be
             said
             to
             be
             the
             doors
             of
             the
             land
             ,
             to
             keep
             the
             Sea
             out
             of
             it
             ;
             yet
             must
             the
             Haven
             or
             Port
             ,
             wherein
             the
             water
             floweth
             and
             and
             refloweth
             ,
             necessarily
             be
             said
             and
             concluded
             to
             be
             the
             door
             ,
             portal
             or
             entrance
             ,
             whereat
             all
             Ships
             and
             Vessels
             whatsoever
             must
             necessarily
             enter
             into
             the
             main
             Sea
             ;
             and
             this
             door
             of
             the
             Sea
             is
             as
             much
             a
             part
             of
             the
             Sea
             ,
             as
             a
             door
             of
             an
             house
             is
             a
             part
             of
             that
             house
             ,
             where
             it
             is
             the
             door
             ,
             and
             doth
             more
             properly
             belong
             to
             the
             Sea
             then
             to
             the
             land
             ,
             whereof
             it
             is
             no
             part
             ,
             but
             different
             and
             is
             distinct
             both
             in
             name
             and
             nature
             ,
             being
             two
             several
             Elements
             ;
             and
             the
             causes
             arising
             from
             things
             done
             either
             upon
             the
             high
             Seas
             or
             upon
             the
             Ports
             ,
             being
             of
             one
             and
             the
             same
             nature
             ,
             all
             belonging
             to
             Shipping
             ,
             Navigation
             ,
             Trading
             and
             Commerce
             ,
             &c.
             they
             are
             all
             more
             properly
             cognoscible
             and
             tryable
             by
             one
             and
             the
             same
             Law
             ,
             then
             by
             two
             ,
             namely
             by
             the
             Civil
             and
             Maritime
             Laws
             ,
             then
             by
             the
             Civil
             Law
             and
             the
             Law
             of
             the
             land
             too
             .
             For
             
               nulli
               prorsus
               audientia
               praebeatur
               ,
               qui
               causae
               continentiam
               dividet
               ,
               &
               ex
               beneficii
               praerogativa
               id
               quod
               in
               uno
               eodem
               que
               judicio
               poterat
               terminari
               apud
               diversos
               judices
               voluerit
               ventilare
               ,
               poena
               ex
               officio
               judicis
               eminente
               ei
               qui
               contra
               hanc
               supplicaverit
               sanctionem
               .
            
             q
          
           
             And
             the
             Rules
             of
             the
             Civil
             and
             Maritime
             Laws
             in
             Cases
             of
             this
             nature
             are
             very
             many
             ,
             and
             very
             observable
             for
             the
             directions
             of
             the
             Judicature
             therein
             ,
             setting
             forth
             what
             is
             to
             be
             done
             according
             to
             the
             variation
             of
             the
             Case
             ,
             as
             the
             Law
             
               navis
               onustae
            
             before
             mentioned
             setteth
             forth
             what
             is
             to
             be
             done
             ,
             in
             case
             divers
             Goods
             and
             Merchandizes
             be
             taken
             out
             of
             the
             Ship
             and
             put
             into
             the
             Boat
             ,
             and
             the
             Boat
             perish
             ;
             so
             contrary
             ,
             if
             the
             Ship
             and
             remainder
             of
             Goods
             and
             Merchandizes
             remaining
             in
             her
             perish
             ,
             either
             upon
             the
             Sea
             ,
             or
             in
             the
             Port
             ,
             and
             the
             Boat
             arrive
             in
             safety
             with
             the
             Goods
             and
             Merchandizes
             put
             into
             her
             ,
             r
             the
             same
             is
             to
             be
             done
             .
          
           
             It
             is
             not
             enough
             to
             know
             a
             general
             Rule
             ,
             without
             its
             exceptions
             and
             limitations
             ;
             nor
             is
             it
             enough
             to
             know
             that
             
               si
               levandae
               navis
               gratia
               jactus
               mercium
               factas
               est
               ,
               omnium
               contributione
               sarciatur
               ,
            
             ſ
             that
             an
             avaridge
             must
             be
             had
             upon
             all
             the
             Goods
             that
             are
             saved
             ,
             towards
             satisfaction
             of
             the
             owners
             of
             those
             Goods
             that
             were
             cast
             
             into
             the
             Sea
             ;
             but
             it
             is
             necessary
             to
             know
             (
             in
             case
             the
             Avaridge
             be
             not
             agreed
             of
             )
             what
             action
             those
             whose
             goods
             were
             cast
             into
             the
             sea
             ,
             have
             against
             the
             Master
             of
             the
             Ship
             for
             those
             goods
             ,
             and
             what
             action
             the
             Master
             hath
             against
             those
             whose
             goods
             were
             saved
             ,
             t
             and
             what
             the
             duty
             of
             the
             Master
             is
             in
             these
             cases
             .
          
           
             It
             is
             likewise
             necessary
             to
             be
             known
             ,
             and
             the
             Civil
             and
             Maritime
             Laws
             do
             set
             forth
             ,
             whether
             the
             Ship
             be
             lyable
             ,
             and
             ought
             to
             be
             cast
             into
             the
             Avaridge
             or
             not
             ;
             and
             whether
             if
             the
             Ship
             be
             worn
             and
             become
             worse
             by
             the
             tempests
             and
             storms
             ,
             she
             shall
             be
             considered
             therefore
             out
             of
             the
             u
             Avaridge
             of
             the
             goods
             saved
             ?
          
           
             And
             likewise
             these
             Laws
             set
             forth
             what
             is
             to
             be
             done
             in
             case
             there
             be
             goods
             and
             merchandizes
             of
             several
             sorts
             ,
             and
             many
             passengers
             ,
             bond-men
             and
             free
             ;
             and
             whether
             goods
             of
             all
             sorts
             ought
             to
             be
             cast
             over
             ,
             and
             what
             is
             to
             be
             done
             in
             case
             there
             be
             goods
             aboard
             which
             do
             not
             burthen
             the
             Ship
             ,
             as
             Jewels
             ,
             precious
             Stones
             ,
             and
             Rings
             ;
             and
             at
             what
             proportion
             or
             rate
             they
             are
             to
             be
             cast
             into
             the
             Avaridge
             ;
             whether
             Apparel
             ,
             or
             the
             Passengers
             and
             Merchants
             wearing
             Rings
             ;
             whether
             the
             Passengers
             themselves
             ,
             and
             their
             ,
             or
             the
             Ships
             victualls
             shall
             be
             cast
             into
             the
             Avaridge
             ,
             the
             contribution
             shall
             be
             made
             according
             to
             weight
             ,
             or
             according
             to
             the
             value
             ,
             x
             
               an
               prout
               ponderant
               ,
               an
               prout
               valent
               .
            
          
           
             It
             is
             considered
             by
             the
             same
             Laws
             likewise
             ,
             if
             a
             Ship
             be
             taken
             by
             a
             Pirat
             ,
             whether
             upon
             the
             Sea
             ,
             or
             upon
             a
             Port
             or
             Haven
             ,
             and
             be
             redeemed
             ,
             whether
             all
             must
             contribute
             or
             not
             ;
             and
             if
             any
             thing
             be
             taken
             away
             by
             Theeves
             or
             Robbers
             ,
             whether
             he
             must
             lose
             it
             that
             did
             own
             it
             ;
             and
             if
             any
             one
             redeem
             what
             is
             so
             taken
             away
             ,
             whether
             y
             Contribution
             ought
             to
             be
             made
             for
             the
             redemption
             .
          
           
             And
             it
             is
             considered
             how
             and
             in
             what
             manner
             this
             Avaridge
             is
             to
             be
             made
             ,
             whether
             the
             goods
             lost
             are
             to
             be
             valued
             by
             themselves
             ,
             and
             the
             goods
             saved
             by
             themselves
             ,
             or
             whether
             altogether
             ,
             and
             whether
             goods
             lost
             are
             to
             be
             valued
             according
             to
             the
             price
             they
             were
             bought
             for
             ,
             or
             according
             to
             the
             price
             they
             might
             have
             been
             sold
             at
             ,
             and
             at
             whether
             of
             those
             two
             z
             prices
             the
             goods
             saved
             are
             to
             be
             valued
             ?
          
           
             It
             is
             likewise
             considered
             ,
             whether
             if
             a
             Servant
             or
             Slave
             in
             the
             casting
             over
             board
             of
             the
             goods
             doth
             happen
             to
             be
             drowned
             ,
             whether
             any
             estimation
             be
             to
             be
             made
             of
             him
             ;
             and
             if
             any
             of
             the
             Passengers
             be
             not
             solvendo
             ,
             whether
             the
             payment
             of
             his
             share
             belongth
             to
             the
             Master
             or
             not
             ?
             Whether
             if
             the
             goods
             cast
             over
             board
             be
             again
             recovered
             ,
             contribution
             ought
             to
             be
             made
             ?
             If
             contribution
             
             have
             been
             made
             ,
             whether
             it
             be
             to
             be
             restored
             ,
             and
             in
             what
             way
             the
             Master
             ought
             to
             proceed
             against
             him
             that
             hath
             so
             received
             it
             ?
             and
             in
             what
             way
             the
             Contributers
             ought
             to
             proceed
             against
             the
             Master
             .
             And
             whether
             goods
             so
             cast
             over
             board
             are
             to
             be
             accounted
             
               pro
               derelicto
            
             ,
             and
             so
             become
             theirs
             who
             shall
             afterwards
             possess
             them
             ,
             or
             not
             be
             so
             accounted
             ,
             but
             remain
             still
             the
             owners
             ?
             Vtrum
             a
             
               res
               Domini
               manent
               ,
               an
               fuerint
               occupantis
               ?
            
          
           
             It
             is
             likewise
             considered
             by
             these
             Laws
             ,
             whether
             if
             the
             Master
             to
             avoid
             danger
             ,
             shall
             cut
             off
             ,
             or
             throw
             over
             board
             any
             of
             his
             Masts
             or
             other
             Instruments
             belonging
             to
             his
             Ship
             ,
             for
             preservation
             of
             his
             Ship
             and
             her
             lading
             ,
             contribution
             in
             this
             case
             be
             due
             ?
             Whether
             the
             consent
             of
             the
             Passengers
             and
             Merchants
             in
             the
             Ship
             be
             requisite
             ,
             or
             not
             ?
             And
             whether
             it
             must
             be
             done
             b
             
               justi
               metus
               causâ
            
             ,
             and
             who
             is
             to
             judge
             thereof
             ?
          
           
             In
             like
             manner
             it
             is
             considered
             ,
             if
             the
             goods
             cast
             over
             board
             be
             afterwards
             regained
             and
             saved
             by
             such
             as
             for
             pay
             or
             reward
             shall
             adventure
             and
             take
             pains
             to
             effect
             the
             same
             ,
             
               si
               per
               urinatores
               recuperatae
               sint
               &
               extractae
               ,
            
             and
             the
             Ship
             with
             the
             remainder
             of
             her
             lading
             shall
             afterwards
             be
             cast
             away
             ,
             whether
             the
             goods
             so
             regained
             shall
             contribute
             to
             the
             other
             afterwards
             cast
             away
             ?
             And
             if
             some
             of
             those
             goods
             cast
             away
             with
             the
             Ship
             shal
             in
             like
             manner
             be
             recovered
             ,
             whether
             they
             shall
             contribute
             unto
             him
             that
             made
             the
             first
             c
             jacture
             .
          
           
             After
             a
             jacture
             or
             casting
             over
             board
             ,
             if
             some
             of
             the
             goods
             that
             be
             saved
             be
             deteriorated
             ,
             damnified
             or
             made
             worse
             ;
             by
             these
             Laws
             it
             is
             considered
             ,
             whether
             they
             were
             so
             hurt
             by
             the
             ill
             stowage
             ,
             or
             by
             the
             dashing
             of
             the
             water
             at
             the
             time
             of
             the
             jacture
             ,
             or
             by
             the
             uncovering
             of
             them
             ?
             It
             is
             considered
             likewise
             ,
             whether
             the
             damage
             be
             more
             then
             the
             contribution
             will
             come
             to
             ,
             or
             the
             contribution
             will
             come
             to
             more
             then
             the
             damage
             is
             ?
             And
             then
             it
             is
             determined
             whether
             the
             damnified
             goods
             shall
             contribute
             or
             not
             ,
             and
             if
             they
             shall
             ,
             d
             in
             what
             manner
             ?
          
           
             If
             a
             Ship
             be
             split
             ,
             or
             any
             otherwayes
             cast
             away
             ,
             whether
             upon
             the
             Seas
             ,
             or
             upon
             a
             Port
             ,
             and
             the
             goods
             some
             or
             all
             be
             preserved
             ,
             and
             saved
             ,
             it
             is
             determined
             ,
             whether
             the
             goods
             shall
             contribute
             to
             the
             loss
             of
             the
             e
             Ship
             ,
             or
             not
             ?
          
           
             If
             the
             Masts
             of
             the
             Ship
             ,
             whether
             upon
             the
             Sea
             ,
             or
             upon
             the
             Port
             be
             shivered
             into
             pieces
             ,
             and
             the
             sails
             and
             other
             tacle
             be
             consumed
             with
             lightening
             ,
             and
             the
             goods
             by
             what
             means
             soever
             preserved
             ,
             though
             by
             obtaining
             new
             Masts
             ,
             new
             Sails
             ,
             and
             new
             Tacle
             ,
             &c.
             these
             Laws
             determine
             whither
             the
             owners
             of
             the
             goods
             be
             to
             make
             f
             contribution
             or
             not
             ?
          
           
           
             Hereby
             it
             is
             plain
             that
             the
             special
             Cases
             ,
             which
             are
             comprehended
             under
             one
             general
             Law
             or
             Head
             ,
             are
             very
             many
             and
             various
             ,
             and
             require
             various
             decisions
             or
             judgements
             ,
             which
             are
             upon
             express
             reasons
             by
             the
             Civil
             and
             Maritime
             Laws
             and
             Commentators
             upon
             them
             most
             exquisitely
             set
             forth
             ,
             as
             he
             that
             shall
             look
             thereinto
             shall
             find
             .
          
           
             If
             one
             Ship
             shall
             fall
             foul
             upon
             another
             ,
             either
             upon
             the
             high
             Seas
             ,
             or
             upon
             any
             Port
             or
             Haven
             ,
             so
             that
             either
             or
             both
             of
             them
             have
             sustained
             hurt
             or
             damage
             ,
             the
             same
             Laws
             do
             most
             exquisitely
             determine
             between
             them
             .
             And
             under
             this
             head
             do
             likewise
             fall
             very
             many
             various
             cases
             ,
             variously
             by
             those
             Laws
             determined
             according
             and
             agreeable
             to
             most
             excellent
             reason
             h
             .
          
           
             If
             the
             Mariners
             shall
             do
             damage
             to
             the
             Merchants
             Goods
             ,
             ●s
             by
             drawing
             out
             and
             drinking
             up
             their
             Wines
             ,
             &c.
             whether
             they
             do
             it
             upon
             the
             Seas
             ,
             or
             when
             the
             Ship
             lyeth
             at
             Anchor
             upon
             any
             Port
             or
             Haven
             ,
             the
             case
             is
             the
             same
             ;
             and
             the
             Civil
             and
             Maritime
             Laws
             determine
             what
             is
             to
             be
             done
             herein
             :
             Many
             general
             heads
             more
             containing
             under
             them
             several
             various
             particulars
             might
             be
             instanced
             in
             ,
             but
             these
             are
             sufficient
             to
             shew
             that
             the
             Rhodian
             and
             Maritime
             Laws
             were
             ordained
             as
             well
             for
             the
             determination
             of
             differences
             happening
             upon
             the
             Ports
             and
             Havens
             ,
             as
             upon
             the
             high
             Seas
             ,
             and
             have
             express
             Laws
             for
             the
             guiding
             of
             the
             judgement
             therein
             :
             which
             all
             Nations
             do
             acknowledge
             and
             allow
             ,
             wherein
             the
             Common
             Law
             of
             England
             under
             correction
             ,
             is
             deficient
             .
          
        
         
           
             CHAP.
             X.
             
          
           
             The
             Laws
             of
             Oleron
             ,
             and
             other
             ancient
             Laws
             of
             the
             Sea
             ,
             were
             constituted
             and
             ordained
             ,
             as
             well
             for
             the
             decision
             of
             controversies
             ,
             happening
             and
             arising
             from
             things
             done
             upon
             the
             Ports
             and
             Havens
             ,
             as
             from
             things
             done
             upon
             the
             high
             Seas
             .
          
           
             BY
             a
             Record
             which
             I
             have
             before
             set
             down
             at
             large
             ;
             a
             it
             appeareth
             that
             the
             Laws
             now
             called
             the
             Laws
             of
             Oleron
             were
             ancient
             Laws
             ,
             and
             anciently
             practised
             for
             the
             regulating
             of
             Maritime
             and
             Sea
             )
             affairs
             in
             that
             Maritime
             Island
             ,
             and
             that
             those
             Laws
             were
             by
             Richard
             the
             First
             ,
             King
             of
             
             England
             in
             his
             return
             from
             the
             Holy
             Land
             corrected
             and
             interpreted
             ;
             and
             in
             that
             Island
             published
             in
             the
             French
             Tongue
             for
             that
             purpose
             ,
             and
             called
             
               la
               ley
               Oleron
            
             ;
             in
             that
             this
             Record
             saith
             ,
             they
             were
             by
             him
             
               Correcta
               &
               interpretata
            
             ,
             it
             plainly
             appeareth
             that
             they
             were
             made
             before
             :
             but
             whether
             then
             used
             in
             England
             or
             in
             that
             Island
             onely
             ,
             may
             seem
             doubtful
             :
             however
             it
             appeareth
             by
             the
             Record
             it self
             ,
             that
             after
             such
             correction
             and
             interpretation
             ,
             they
             were
             likewise
             published
             in
             England
             ,
             and
             were
             ordinata
             in
             Edward
             the
             First
             's
             time
             ,
             and
             consummated
             in
             the
             12
             year
             of
             Edward
             3.
             
          
           
             Now
             these
             Laws
             being
             thus
             established
             ,
             do
             plainly
             shew
             ,
             that
             the
             Admiral
             had
             and
             ought
             to
             have
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             ,
             as
             well
             as
             upon
             the
             high
             Seas
             ,
             for
             that
             they
             do
             set
             forth
             what
             is
             to
             be
             determined
             in
             controversies
             arising
             ,
             as
             well
             from
             things
             done
             upon
             the
             one
             as
             the
             other
             ;
             I
             shall
             instance
             in
             some
             of
             them
             .
          
           
             If
             a
             Ship
             perish
             in
             any
             place
             whatsoever
             ,
             whether
             upon
             Port
             ,
             or
             the
             main
             Sea
             ,
             the
             Laws
             of
             Oleron
             give
             direction
             what
             the
             Mariners
             ought
             to
             do
             for
             the
             saving
             of
             the
             Goods
             ,
             and
             how
             farre
             the
             Master
             may
             recompence
             them
             for
             their
             pains
             ,
             in
             case
             they
             save
             any
             of
             the
             Goods
             ,
             and
             in
             what
             manner
             ;
             whether
             he
             may
             sell
             or
             pawn
             such
             Goods
             as
             are
             saved
             ,
             for
             ,
             or
             towards
             their
             satisfaction
             ;
             and
             whether
             he
             may
             sell
             or
             pawn
             any
             of
             the
             Tackle
             of
             the
             said
             Ship
             (
             if
             saved
             )
             without
             authority
             from
             the
             rest
             of
             the
             owners
             b
          
           
             They
             give
             directions
             when
             a
             Ship
             arriveth
             in
             any
             Port
             or
             Haven
             ,
             laden
             or
             not
             laden
             ,
             when
             the
             Mariners
             may
             go
             out
             of
             her
             with
             leave
             of
             the
             Master
             ,
             when
             without
             ,
             and
             with
             how
             many
             Cables
             she
             ought
             to
             be
             anchored
             ,
             before
             they
             may
             go
             out
             without
             leave
             ,
             and
             what
             care
             they
             ought
             to
             take
             ,
             when
             they
             do
             so
             to
             free
             themselves
             from
             making
             satisfaction
             for
             such
             damage
             and
             loss
             ,
             as
             the
             Ship
             or
             Goods
             shall
             sustain
             in
             their
             absence
             c
          
           
             They
             likewise
             determine
             in
             what
             case
             the
             Master
             shall
             pay
             for
             the
             healing
             of
             a
             maim
             ,
             or
             hurt
             of
             a
             Mariner
             ,
             and
             in
             what
             cases
             he
             shall
             not
             ,
             d
             be
             that
             done
             either
             in
             the
             Ship
             at
             Sea
             ,
             or
             in
             the
             Port
             ,
             or
             at
             land
             .
          
           
             They
             set
             forth
             likewise
             what
             the
             Master
             ought
             to
             do
             ,
             in
             case
             any
             of
             his
             company
             fall
             sick
             ,
             what
             care
             he
             is
             to
             take
             of
             him
             ,
             and
             what
             provision
             he
             is
             to
             make
             for
             him
             at
             land
             ,
             and
             what
             allowance
             he
             is
             to
             afford
             him
             ;
             e
             all
             which
             denied
             ,
             or
             if
             any
             part
             thereof
             withheld
             ,
             the
             same
             is
             recoverable
             by
             these
             Laws
             before
             the
             Admiral
             .
          
           
           
             These
             Laws
             do
             likewise
             set
             forth
             other
             duties
             of
             the
             Master
             and
             Mariners
             ,
             when
             they
             come
             into
             a
             Port
             or
             Haven
             ,
             where
             they
             are
             to
             make
             their
             right
             discharge
             ,
             as
             by
             this
             judgement
             appeareth
             .
          
           
             Il
             avient
             qun
             f
             maistre
             d'une
             nef
             vient
             a
             sauvete
             a
             sa
             discharge
             il
             doit
             monster
             en
             aux
             Merchants
             lescords
             avec
             quoy
             il
             quindera
             ,
             &
             sil
             voit
             amender
             ,
             le
             Maistre
             est
             tenu
             a
             lamender
             lui
             ,
             &
             ses
             Mariners
             &
             y
             doit
             partir
             le
             Maistre
             pourtant
             quil
             prent
             in
             guinda
             ge
             ,
             &
             doit
             la
             guindage
             estre
             mys
             pour
             restorer
             le
             dammage
             primerement
             &
             le
             remenant
             soit
             estre
             eulx
             ,
             maiz
             se
             cordes
             rompent
             sans
             se
             quils
             les
             eussent
             monstrees
             aux
             Marchants
             ,
             ilz
             seront
             tenus
             a
             rendre
             tout
             le
             dammage
             ,
             mais
             se
             les
             Merchants
             dient
             que
             les
             cordes
             sunt
             bonnes
             &
             belles
             &
             ilz
             rompent
             chun
             doit
             partirau
             damage
             Cestassavoier
             des
             Merchants
             a
             qui
             le
             vin
             sera
             tant
             seulement
             ,
             &
             cest
             le
             judgement
             en
             ce
             cas
             .
          
           
             And
             clearly
             this
             is
             a
             Judgement
             upon
             a
             thing
             happening
             upon
             a
             Port
             or
             Haven
             ,
             and
             no
             where
             else
             ;
             whereby
             the
             Judge
             of
             the
             Admiralty
             is
             to
             be
             guided
             in
             businesses
             of
             this
             and
             the
             like
             nature
             .
          
           
             How
             a
             Master
             ought
             to
             behave
             himself
             towards
             and
             amongst
             his
             Mariners
             ,
             and
             the
             Mariners
             towards
             the
             Master
             ,
             and
             they
             amongst
             themselves
             ,
             be
             they
             upon
             Seas
             ,
             or
             Port
             ,
             or
             Haven
             ,
             and
             what
             the
             punishment
             is
             in
             case
             they
             demean
             themselves
             otherwise
             ,
             is
             by
             these
             Laws
             plainly
             shewed
             g
             .
          
           
             The
             same
             Laws
             have
             likewise
             provided
             what
             is
             to
             be
             done
             in
             case
             one
             Ship
             shall
             do
             damage
             or
             hurt
             to
             another
             ,
             upon
             the
             Port
             or
             Haven
             .
          
           
             Vne
             nef
             est
             en
             ung
             comis
             a
             maree
             &
             estant
             a
             sa
             maree
             avec
             autre
             nef
             vient
             &
             fiert
             la
             nef
             qui
             est
             en
             sa
             paix
             en
             telle
             maniere
             q'lle
             este
             dommagee
             du
             coup
             que
             lautre
             nef
             luy
             donne
             &
             yades
             vins
             en
             fundrez
             dedens
             le
             dommage
             doit
             estre
             apprisie
             &
             party
             parmoitie
             en
             tre
             les
             deuz
             nefs
             &
             les
             vins
             qui
             Jont
             dedens
             les
             deux
             nefs
             dovient
             parti
             ,
             &c.
             
             Et
             est
             raison
             pour
             quoy
             cest
             Judgement
             est
             fait
             &
             ainsi
             feust
             quil
             avoit
             tout
             le
             dommage
             amende
             une
             vi
             eille
             nef
             se
             myst
             volentiers
             en
             la
             voire
             dune
             melleure
             nef
             pour
             auder
             avoir
             lautere
             nef
             se
             elle
             eustous
             ses
             dommages
             ,
             mais
             quant
             elle
             sceit
             q'lle
             doit
             parir
             a
             la
             moitie
             elle
             se
             mett
             volentiers
             hors
             de
             la
             voye
             ,
             &
             cest
             le
             Judgement
             en
             ce
             cas
             h
             .
          
           
             By
             these
             Laws
             likewise
             are
             determined
             differences
             falling
             out
             between
             Ships
             lying
             at
             Anchor
             ,
             upon
             any
             Port
             or
             Haven
             ,
             and
             determine
             what
             is
             to
             be
             done
             in
             case
             one
             Ship
             cast
             Anchor
             too
             near
             another
             ,
             and
             who
             shall
             pay
             the
             damage
             in
             case
             any
             shall
             be
             sustained
             thereby
             ,
             or
             for
             want
             of
             boighs
             ,
             &c.
             
          
           
           
             Vne
             nef
             ou
             deux
             ou
             pleuseurs
             en
             ung
             havene
             ou
             il
             ya
             pou
             deave
             &
             si
             assech
             lune
             des
             nefs
             trop
             pres
             de
             lautre
             le
             maistre
             de
             celle
             nef
             doit
             dire
             aux
             autres
             Mariners
             seigneurs
             levex
             ure
             ancre
             car
             elle
             est
             trop
             pres
             de
             nous
             &
             pouroit
             faire
             domage
             &
             ilz
             ne
             la
             veullent
             lever
             le
             maistre
             poureulx
             &
             ses
             compaignons
             la
             vont
             lever
             &
             a
             longmer
             de
             lui
             &
             silz
             la
             faillent
             ,
             a
             lever
             &
             lancre
             leur
             face
             domage
             ilz
             serout
             teneuz
             a
             lamander
             tout
             au
             long
             .
             Et
             sil
             yeufl
             mys
             ancre
             sans
             boye
             &
             elle
             face
             domage
             ilz
             seront
             tenuz
             a
             lamender
             tout
             au
             long
             ,
             &
             silz
             sont
             en
             ung
             Haven
             qui
             astech
             ilz
             seront
             tenuz
             a
             mettre
             balingues
             aux
             ancres
             quilz
             ne
             peregent
             au
             plam
             &
             cest
             la
             Judgement
             i
             .
          
           
             What
             meat
             the
             Mariners
             may
             carry
             out
             of
             the
             Ship
             to
             land
             ,
             how
             long
             they
             may
             stay
             before
             they
             return
             ,
             what
             damage
             happening
             either
             to
             the
             Ship
             or
             Goods
             (
             being
             in
             the
             Port
             or
             Haven
             )
             in
             their
             absence
             ,
             they
             are
             lyable
             unto
             ;
             these
             Laws
             do
             determine
             ,
             besides
             many
             other
             accidents
             happening
             in
             and
             upon
             the
             Ports
             and
             Havens
             ,
             whith
             are
             by
             them
             decided
             :
             as
             when
             a
             Ship
             shall
             by
             contrary
             winds
             ,
             and
             stress
             of
             weather
             ,
             be
             tyred
             at
             Sea
             ,
             so
             that
             she
             is
             constrained
             to
             make
             to
             a
             Port
             not
             intended
             ,
             and
             there
             is
             in
             want
             of
             Victual
             or
             Tackle
             and
             Furniture
             ,
             to
             set
             to
             Sea
             again
             ,
             and
             wanteth
             money
             wherewith
             to
             Victual
             ,
             Tackle
             ,
             and
             furnish
             again
             ,
             what
             the
             Master
             may
             then
             do
             ,
             whether
             he
             may
             pawn
             or
             sell
             the
             Merchants
             Goods
             for
             relief
             of
             the
             Ship
             ,
             what
             and
             how
             much
             of
             the
             Goods
             he
             may
             so
             pawn
             or
             sell
             ,
             when
             the
             case
             is
             that
             he
             may
             so
             do
             ,
             and
             when
             and
             upon
             what
             occasion
             he
             may
             sell
             the
             Ship
             ,
             and
             by
             Law
             is
             warranted
             so
             to
             do
             ,
             and
             when
             k
             .
          
           
             The
             same
             Laws
             do
             determine
             what
             is
             to
             be
             done
             ,
             in
             case
             a
             man
             take
             upon
             him
             the
             office
             of
             a
             Loads-man
             or
             Pilot
             ,
             and
             by
             reason
             thereof
             undertaketh
             to
             bring
             a
             Ship
             safe
             to
             Anchor
             in
             the
             Port
             of
             her
             discharge
             ,
             and
             through
             his
             negligence
             or
             want
             of
             skill
             ,
             the
             Ship
             be
             cast
             away
             or
             perished
             ,
             or
             the
             Goods
             damnified
             ,
             in
             the
             Port
             or
             Harbour
             ;
             and
             likewise
             ,
             when
             and
             upon
             what
             grounds
             such
             Pilot
             or
             Loads-man
             shall
             be
             discharged
             ,
             and
             how
             and
             in
             what
             manner
             the
             Master
             of
             that
             Ship
             shall
             be
             liable
             l
             .
          
           
             These
             Laws
             set
             forth
             likewise
             what
             is
             to
             be
             done
             by
             the
             Master
             of
             a
             Ship
             ,
             when
             his
             Ship
             arriveth
             in
             the
             right
             Port
             of
             her
             discharge
             ,
             and
             hath
             stayed
             there
             by
             the
             space
             of
             one
             and
             twenty
             days
             for
             discharge
             ,
             and
             is
             not
             in
             that
             space
             discharged
             .
             More
             particulars
             I
             might
             instance
             in
             ,
             out
             of
             the
             said
             Laws
             of
             Oleron
             to
             the
             same
             purpose
             ,
             and
             how
             farre
             the
             said
             Laws
             are
             extended
             or
             limited
             by
             latter
             writers
             upon
             the
             Civil
             and
             Maritime
             Laws
             ;
             but
             that
             will
             be
             a
             work
             more
             properly
             to
             be
             entred
             upon
             ,
             when
             this
             Jurisdiction
             of
             the
             Admiralty
             shall
             be
             compleatly
             settled
             ,
             and
             
             freed
             from
             interruptions
             in
             its
             due
             procedings
             :
             I
             shall
             therefore
             onely
             set
             down
             this
             last
             Judgement
             ,
             in
             its
             own
             language
             ,
             not
             endeavouring
             to
             shew
             what
             the
             Law
             is
             either
             in
             this
             case
             ,
             or
             any
             of
             the
             other
             before
             recited
             ,
             but
             to
             conclude
             that
             by
             these
             Laws
             so
             long
             since
             established
             for
             the
             directions
             of
             Judgements
             in
             Maritime
             causes
             it
             plainly
             appeareth
             that
             the
             Ports
             and
             Havens
             are
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             and
             that
             all
             differences
             therein
             ,
             or
             thereupon
             arising
             ,
             are
             cognoscible
             and
             tryable
             in
             the
             same
             .
          
           
             The
             words
             of
             the
             Judgement
             are
             these
             .
          
           
             Item
             ordonne
             est
             pour
             custume
             de
             mer
             ,
             q'se
             une
             nef
             arrive
             en
             ung
             Port
             a
             sa
             droitturier
             le
             descharge
             &
             demoure
             la
             nef
             illecq
             '
             ,
             chargee
             jusq's
             axxi
             jours
             ounrables
             la
             mettre
             puet
             been
             mettre
             hors
             sur
             ung
             keye
             &
             le
             Maistre
             doit
             ordonner
             &
             bailler
             ung
             de
             ses
             Mariners
             an
             Marchant
             pour
             prendre
             garde
             aux
             vins
             ou
             autres
             derrenes
             jusque
             a
             tant
             q'le
             Maistre
             soit
             pay
             de
             son
             frett
             m
             .
          
           
             Et
             cest
             le
             Judgement
             en
             ce
             cas
             .
          
           
             Very
             many
             more
             there
             are
             ,
             which
             will
             be
             too
             tedious
             here
             to
             set
             down
             :
             None
             of
             all
             which
             is
             by
             any
             part
             of
             the
             Common
             Law
             ,
             treated
             of
             at
             all
             ,
             nor
             can
             it
             if
             it
             keep
             its
             own
             rules
             render
             the
             same
             Judgement
             with
             these
             Laws
             but
             a
             diverse
             ,
             if
             not
             in
             many
             cases
             a
             clear
             contrary
             .
          
        
         
           
             CHAP.
             XI
             .
          
           
             That
             by
             the
             ancient
             Statutes
             of
             the
             Admiralty
             setled
             before
             the
             last
             Confirmation
             of
             the
             Laws
             of
             Oleron
             12
             Edw.
             3.
             and
             Articles
             of
             enquiry
             added
             thereunto
             ,
             it
             is
             plain
             that
             the
             Admiral
             hath
             Jurisdiction
             upon
             the
             Ports
             as
             well
             as
             upon
             the
             high
             Seas
             .
          
           
             THere
             are
             likewise
             ancient
             Statutes
             of
             the
             Admiralty
             to
             be
             observed
             ,
             both
             upon
             the
             Ports
             and
             Havens
             ,
             the
             high
             Seas
             ,
             and
             beyond
             the
             Seas
             ,
             which
             are
             comprised
             in
             an
             old
             authentick
             Book
             ,
             called
             
               The
               black
               Book
               of
               the
               Admiralty
               ,
            
             which
             Statutes
             are
             ingrossed
             upon
             Vellam
             in
             the
             said
             Book
             ,
             and
             written
             in
             an
             ancient
             hand
             ,
             in
             the
             ancient
             French
             Language
             ,
             which
             plainly
             shew
             the
             Admirals
             Jurisdiction
             to
             be
             upon
             the
             Ports
             and
             Havens
             ,
             as
             well
             as
             upon
             the
             high
             Seas
             .
             I
             shall
             set
             down
             onely
             
             one
             of
             those
             Statutes
             for
             proof
             thereof
             ,
             which
             sheweth
             how
             and
             in
             what
             manner
             damage
             done
             by
             one
             Ship
             unto
             another
             in
             a
             Port
             or
             Haven
             ,
             as
             well
             as
             upon
             the
             high
             Seas
             ,
             shall
             be
             satisfied
             in
             case
             the
             same
             be
             wilfully
             done
             ,
             and
             how
             ,
             and
             in
             what
             manner
             in
             case
             the
             same
             be
             unwillingly
             done
             by
             chance
             ,
             by
             reason
             of
             tempest
             or
             other
             mishap
             .
             The
             words
             of
             the
             Statute
             are
             these
             .
          
           
             It
             que
             nulle
             nef
             ne
             vessel
             de
             la
             flotte
             pour
             orgueil
             ne
             pour
             haine
             ou
             envie
             sur
             le
             mer
             our
             entrants
             es
             ports
             ou
             en
             port
             ottroie
             veille
             audommage
             dautre
             nef
             ou
             vessell
             de
             la
             flotte
             au
             pris
             par
             ceux
             de
             la
             flotte
             sur
             payne
             de
             faire
             playne
             amende
             de
             ce
             qui
             est
             endommage
             en
             son
             default
             ,
             &
             qui
             endommage
             &
             debrysse
             au
             tres
             entrants
             aux
             ports
             ,
             ou
             dedens
             ports
             ,
             ou
             sur
             le
             mere
             neuvoillautz
             par
             cause
             de
             tempeste
             ou
             autrement
             il
             paiera
             &
             amendera
             la
             moitie
             du
             dommage
             a
             la
             discretion
             a
             &
             Judgement
             de
             l'Admiral
             .
          
           
             There
             are
             likewise
             in
             the
             same
             Book
             added
             unto
             these
             Statutes
             the
             Oath
             ,
             and
             Articles
             ,
             whereupon
             Juries
             were
             and
             are
             to
             make
             their
             presentments
             unto
             the
             Admiral
             ,
             all
             written
             with
             the
             same
             hand
             ,
             the
             Oath
             onely
             in
             old
             English
             ,
             the
             Articles
             in
             the
             same
             Language
             ,
             with
             the
             Statutes
             which
             shew
             what
             things
             are
             enquirable
             and
             presentable
             before
             the
             Admiral
             ,
             and
             there
             punishable
             ,
             and
             how
             and
             in
             what
             manner
             such
             offences
             are
             to
             be
             punished
             :
             out
             of
             which
             it
             i●
             easily
             and
             plainly
             to
             be
             gathered
             ,
             that
             the
             Admiral
             hath
             a
             full
             and
             compleat
             Jurisdiction
             ,
             exclusive
             to
             all
             others
             upon
             all
             Ports
             ,
             Havens
             ,
             and
             Creeks
             of
             the
             Sea.
             I
             shall
             here
             set
             down
             verbatim
             the
             Oath
             to
             be
             Administred
             unto
             the
             Jury
             ,
             and
             some
             few
             of
             those
             Articles
             ,
             which
             shew
             the
             Admirals
             Power
             and
             Jurisdiction
             to
             be
             upon
             the
             Ports
             and
             Havens
             .
          
           
             
               
                 
                   
                     The
                     Oath
                     .
                  
                   
                     This
                     here
                     see
                     my
                     Lord
                     the
                     Admiral
                     that
                     I
                     John
                     atte
                     nashe
                     shall
                     well
                     and
                     truly
                     enquere
                     for
                     our
                     Lord
                     the
                     King
                     ,
                     and
                     well
                     and
                     truly
                     at
                     this
                     time
                     thou
                     serve
                     at
                     this
                     Court
                     of
                     th'
                     Admirate
                     ,
                     present
                     as
                     moch
                     as
                     I
                     have
                     in
                     knowleche
                     ,
                     or
                     may
                     have
                     by
                     information
                     of
                     eny
                     of
                     all
                     my
                     fellows
                     ,
                     of
                     all
                     mane
                     Articles
                     or
                     circonstances
                     that
                     touchen
                     the
                     Courte
                     of
                     the
                     Admirate
                     and
                     Law
                     of
                     the
                     Sea
                     ,
                     the
                     whiche
                     shuld
                     be
                     grate
                     to
                     me
                     at
                     this
                     time
                     ;
                     and
                     I
                     thereupon
                     sworne
                     and
                     charged
                     and
                     of
                     all
                     other
                     that
                     may
                     renewe
                     in
                     my
                     minde
                     ,
                     and
                     Ine
                     shall
                     for
                     nothing
                     lette
                     ,
                     that
                     is
                     for
                     to
                     say
                     ,
                     for
                     franchise
                     ,
                     Lordship
                     ,
                     Kynreden
                     ,
                     aliance
                     ,
                     friendship
                     ,
                     love
                     ,
                     hatred
                     ,
                     envye
                     enemytee
                     ,
                     for
                     dred
                     of
                     lost
                     of
                     goodnee
                     ,
                     for
                     non
                     other
                     cause
                     that
                     I
                     shall
                     so
                     doo
                     the
                     Kings
                     Counseills
                     ,
                     my
                     fellows
                     and
                     myne
                     owen
                     wel
                     and
                     trewly
                     hele
                     what
                     oute
                     fraude
                     or
                     malengyn
                     ,
                     ,
                     so
                     God
                     my
                     help
                     at
                     the
                     holydome
                     ,
                     and
                     by
                     this
                     Book
                     b
                     .
                  
                
              
            
          
           
           
             Next
             unto
             this
             Oath
             is
             set
             forth
             the
             punishment
             of
             the
             Jurate
             that
             shall
             disclose
             the
             secrets
             of
             the
             King
             ,
             or
             any
             of
             his
             fellow
             Jurates
             ,
             to
             be
             inflicted
             upon
             him
             by
             the
             Admiral
             c
             .
          
           
             The
             very
             first
             and
             second
             Articles
             to
             be
             given
             in
             charge
             are
             for
             Theft
             committed
             upon
             any
             Port
             or
             Haven
             ,
             and
             the
             punishment
             thereof
             set
             down
             .
             These
             are
             the
             words
             in
             the
             Articles
             .
          
           
             Soit
             d
             aequis
             des
             larrons
             es
             ports
             Comē
             de
             cords
             batenlz
             autres
             ancres
             &
             autres
             appare●ls
             des
             nefs
             se
             nul
             est
             endite
             quil
             a
             felon
             neusement
             pris
             ung
             baten
             ou
             ancre
             que
             passe
             xxi
             d.
             il
             sera
             pendu
             sil
             est
             de
             ce
             convicte
             .
          
           
             It
             e
             se
             an
             cuy
             est
             endite
             quil
             a
             felon
             nensement
             pris
             ung
             boye
             ,
             rope
             de
             quelle
             value
             quil
             soit
             &
             soit
             lie
             a
             ung
             autre
             dedens
             leave
             ,
             pour
             la
             boye
             il
             sera
             pendu
             sil
             nest
             de
             ce
             aquite
             .
          
           
             And
             so
             f
             they
             proceed
             to
             set
             down
             the
             punishment
             of
             him
             that
             shall
             cut
             any
             Cable
             ,
             whereby
             the
             Ship
             is
             cast
             away
             ,
             or
             any
             man
             lose
             his
             life
             ,
             &c.
             
          
           
             And
             g
             of
             such
             as
             shall
             remove
             an
             Anchor
             .
          
           
             And
             likewise
             of
             such
             as
             shall
             rob
             Strangers
             Ships
             not
             being
             enemies
             .
          
           
             And
             h
             how
             their
             goods
             shall
             be
             restored
             to
             them
             ,
             though
             they
             pursue
             not
             the
             Felon
             to
             death
             .
          
           
             And
             i
             what
             course
             is
             to
             be
             taken
             in
             case
             of
             such
             robberies
             .
          
           
             
               Petty
               Larceny
            
             k
             is
             by
             that
             Law
             punishable
             upon
             the
             first
             conviction
             ,
             by
             forty
             dayes
             imprisonment
             ;
             upon
             the
             second
             ,
             half
             a
             years
             imprisonment
             ;
             upon
             the
             third
             ,
             death
             .
          
           
             
               By
               the
               next
            
             l
             
               Article
               ,
               common
               disturbers
               of
               Ships
               and
               Passengers
               ,
               either
               upon
               the
               Seas
               ,
               or
               the
               Ports
               ,
               are
               to
               be
               enquired
               of
               ,
               and
               their
               punishment
               is
               therein
               described
               .
            
             Item
             soit
             en
             quis
             de
             touts
             communs
             malfaiseos
             sur
             la
             mer
             &
             en
             ports
             se
             acun
             homme
             est
             endite
             quil
             soit
             comun
             malefaiseur
             ,
             il
             sera
             pris
             par
             ung
             caper
             par
             le
             mariscalt
             ,
             &c.
             
          
           
             By
             m
             the
             next
             takers
             ,
             that
             take
             and
             pay
             at
             pleasure
             ,
             and
             so
             downwards
             .
          
           
             What
             n
             Sureties
             shall
             be
             taken
             of
             such
             as
             shall
             be
             convict
             of
             misdemeanour
             .
          
           
             What
             o
             punishment
             shall
             be
             inflicted
             upon
             common
             fighters
             being
             convict
             .
          
           
             What
             p
             upon
             him
             that
             maimeth
             any
             other
             wilfully
             .
          
           
             In
             what
             case
             q
             the
             Master
             of
             a
             Ship
             is
             bound
             for
             the
             forth-coming
             of
             his
             Mariners
             .
          
           
             The
             manner
             of
             out-lawing
             and
             banishing
             a
             Felon
             that
             absenteth
             himself
             ,
             and
             cannot
             be
             taken
             :
             And
             this
             Law
             ,
             as
             appeareth
             by
             the
             Article
             ,
             was
             made
             by
             Henry
             the
             F●rst
             ,
             which
             runneth
             thus
             :
          
           
             It
             en
             r
             temps
             du
             primier
             Roy
             Henry
             ,
             &
             en
             temps
             de
             pluseurs
             Roys
             
             devant
             de
             puis
             quant
             ung
             homme
             estoit
             endite
             en
             fellonnie
             l'
             Admirall
             ou
             son
             lieutenant
             manderoit
             ung
             cape
             a
             l'Admirall
             de
             la
             Court
             ou
             au
             visconte
             de
             lu
             visconte
             aux
             second
             sessions
             quil
             restoit
             trouve
             &
             sera
             espace
             en
             tres
             deux
             sessions
             xxi
             .
             ovors
             ou
             plus
             il
             sera
             demaunde
             a
             la
             second
             session
             solempne
             lement
             ,
             &c.
             
          
           
             And
             likewise
             the
             manner
             of
             out-lawing
             and
             banishing
             one
             that
             hath
             done
             any
             trespass
             upon
             any
             Ship
             ,
             Tackle
             ,
             or
             Furniture
             thereof
             ,
             &c.
             whether
             upon
             the
             Seas
             ,
             or
             upon
             any
             Port
             ,
             which
             Law
             by
             the
             Article
             appears
             to
             have
             been
             made
             by
             the
             same
             King
             Henry
             the
             First
             ,
             and
             his
             Admiral
             of
             the
             North
             and
             West
             ,
             and
             others
             of
             authority
             and
             power
             adjoyned
             to
             them
             .
             The
             Law
             begins
             thus
             :
          
           
             Item
             ſ
             gens
             quit
             sont
             banniz
             en
             trespass
             ne
             seront
             une
             banniz
             sinon
             par
             ung
             an
             ou
             deux
             ,
             &c.
             se
             lon
             la
             discretion
             de
             l'
             Admirall
             &
             sil
             est
             trouve
             en
             Angleterre
             dedens
             le
             temps
             ,
             il
             avara
             judgement
             comme
             devant
             est
             dit
             ,
             &
             les
             biens
             du
             banny
             en
             trespass
             ne
             seront
             une
             forfeitz
             au
             Roy
             Comment
             ,
             &c.
             
             
               And
               endeth
               thus
            
             :
             Et
             ceste
             ordounare
             fuit
             faitte
             premieremet
             a
             Gypswiz
             out
             temps
             du
             primer
             Roy
             Henry
             per
             les
             Admiralz
             de
             North
             &
             West
             ,
             &
             autres
             seigneurs
             adheirdantz
             .
          
           
             If
             Ships
             be
             arrested
             for
             the
             Kings
             service
             ,
             or
             for
             any
             other
             reasonable
             cause
             by
             the
             Kings
             Officers
             or
             Admiral
             ,
             and
             break
             the
             Arrest
             ,
             the
             penalty
             is
             by
             these
             Laws
             declared
             ;
             and
             this
             Law
             wherein
             the
             penalty
             is
             declared
             ,
             appeareth
             to
             be
             made
             in
             the
             time
             of
             Richard
             the
             First
             at
             Grimsby
             by
             the
             advice
             of
             most
             of
             the
             Lords
             of
             the
             Realm
             .
             The
             Law
             begins
             thus
             :
          
           
             Item
             t
             soit
             en
             quis
             de
             nefs
             qui
             sont
             arrestes
             pour
             le
             service
             du
             Roy
             ou
             pour
             autre
             resonnable
             cause
             per
             les
             officers
             du
             Roy
             ou
             de
             l'
             Admirall
             &
             debrisent
             larrest
             .
             
               And
               afterwards
               it
               followeth
               thus
            
             :
             Ordonne
             estoit
             en
             temps
             du
             Roy
             Richard
             le
             primier
             a
             Grymsby
             per
             advys
             de
             pluseurs
             seigneurs
             du
             Roylme
             que
             quant
             nefs
             seront
             arresters
             ,
             &c.
             
          
           
             Divers
             other
             things
             of
             the
             like
             nature
             are
             likewise
             enquirable
             in
             the
             Admiralty
             Court
             ,
             the
             penalty
             and
             punishments
             whereof
             are
             declared
             by
             these
             Laws
             .
          
           
             Sir
             
               Edward
               Coke
            
             for
             proof
             that
             the
             Admiral
             hath
             no
             Jurisdiction
             upon
             the
             Ports
             ,
             amongst
             other
             things
             instanceth
             in
             one
             particular
             that
             7
             Hen.
             6.
             22
             ,
             35.
             an
             Action
             was
             brought
             at
             the
             Common
             Law
             for
             forestalling
             in
             a
             Port
             or
             Haven
             ;
             because
             u
             it
             is
             
               infra
               corpus
               comitatûs
            
             ,
             which
             is
             a
             thing
             taken
             for
             granted
             ,
             but
             no
             ways
             proved
             at
             all
             ,
             as
             is
             before
             w
             set
             forth
             :
             I
             shall
             therefore
             here
             set
             down
             two
             or
             three
             Articles
             which
             shew
             that
             if
             by
             Port
             be
             meant
             within
             the
             flood-mark
             in
             the
             Havens
             ,
             forestalling
             and
             regrating
             there
             ,
             are
             within
             the
             cognizance
             of
             the
             Admiral
             in
             the
             Admiralty
             Court
             ;
             the
             first
             is
             this
             .
          
           
           
             Item
             soit
             enquis
             de
             touts
             Merchants
             &
             Mariners
             qui
             vont
             hors
             des
             Ports
             aux
             nefs
             charges
             de
             Marchandizes
             quant
             les
             dictes
             nefs
             voul
             droient
             enter
             ouz
             dits
             Ports
             &
             les
             Marchandises
             a
             chattent
             en
             gros
             &
             les
             amesnent
             aux
             Ports
             &
             puis
             les
             vendent
             a
             greigneur
             et
             plus
             chier
             marche
             &
             plus
             que
             les
             preimer
             Merchans
             vouldroient
             engrevance
             du
             commun
             peuple
             si
             aucun
             est
             endite
             en
             tel
             cas
             &
             convicte
             par
             xii
             il
             sera
             imprisonne
             per
             demy
             an
             &
             puis
             fera
             fin
             autant
             come
             les
             biens
             amsi
             a
             chattez
             amonterent
             maiz
             se
             la
             ditte
             nef
             sois
             repose
             dattendre
             son
             temps
             &
             homme
             a
             chate
             de
             lui
             Marchandise
             en
             tel
             marne
             il
             ne
             serame
             dese
             impesh●e
             ne
             riens
             ne
             perdra
             vers
             le
             Roy.
             
             x
          
           
             Another
             against
             forestallers
             in
             any
             Ship
             ,
             is
             this
             :
          
           
             Item
             soit
             enquis
             de
             tous
             ceulx
             quia
             chattent
             bledz
             poisson
             ou
             autres
             vitailles
             dedens
             la
             nef
             en
             regratant
             devant
             quilz
             soient
             venuz
             adeu
             marche
             se
             aucun
             est
             en
             ce
             endite
             ,
             &c.
             it
             sera
             greissuousement
             pugny
             &
             fera
             fin
             au
             Roy
             de
             tant
             y
             comme
             la
             value
             des
             bledz
             ou
             poisson
             amsi
             achattez
             a
             monte
             .
          
           
             Another
             against
             Regrators
             within
             the
             flood-mark
             is
             this
             ;
          
           
             Item
             de
             ceulx
             qui
             achattent
             en
             gras
             bledz
             poisson
             sale
             ,
             poisson
             freiz
             ou
             autre
             vitaille
             dedens
             le
             flodmarks
             en
             Regratant
             ,
             &c.
             aient
             mesme
             le
             z
             judgment
             .
          
           
             Divers
             other
             Articles
             are
             there
             expresly
             set
             down
             against
             several
             offences
             committed
             upon
             Ports
             or
             Havens
             ,
             with
             the
             particular
             punishments
             to
             be
             inflicted
             upon
             such
             offenders
             ,
             as
             against
             the
             exactions
             of
             a
             Water-officers
             .
             Against
             any
             mans
             appropriating
             to
             himself
             the
             benefit
             of
             b
             salt-waters
             .
             Against
             Kidles
             ,
             Wears
             and
             the
             like
             hinderance
             of
             the
             Fishing
             ,
             which
             is
             c
             common
             to
             all
             .
             Against
             the
             false
             Weights
             ,
             false
             Measure
             ,
             and
             the
             like
             ,
             used
             in
             any
             Ship
             or
             d
             Vessel
             .
             Against
             erecting
             of
             Mills
             ,
             or
             adding
             or
             altering
             any
             thing
             about
             them
             ,
             to
             the
             hinderance
             ,
             hurt
             or
             damage
             of
             any
             Port
             or
             e
             Haven
             .
             Against
             the
             taking
             up
             and
             concealing
             or
             keeping
             back
             from
             the
             possession
             of
             the
             Admiral
             ,
             any
             Flotson
             ,
             Jetson
             or
             Lagon
             found
             as
             well
             upon
             the
             Ports
             ,
             as
             upon
             the
             f
             Seas
             .
             Against
             the
             excessive
             Wages
             of
             g
             Ship-Carpenters
             .
          
           
             All
             which
             do
             plainly
             shew
             that
             the
             Admiral
             hath
             had
             ,
             and
             ought
             to
             have
             absolutely
             power
             and
             jurisdiction
             of
             and
             over
             even
             such
             things
             ,
             and
             in
             such
             causes
             as
             Sir
             
               Edward
               Coke
            
             instanceth
             in
             ,
             long
             before
             the
             times
             from
             whence
             he
             deduceth
             his
             authorities
             :
             And
             divers
             others
             of
             these
             Articles
             to
             the
             same
             purpose
             I
             might
             instance
             in
             ,
             which
             for
             brevities
             sake
             I
             omit
             .
          
        
         
           
           
             CHAP.
             XII
             .
          
           
             That
             by
             the
             Inquisition
             taken
             at
             Quinborough
             secundo
             Aprilis
             anno
             49
             Ed.
             3.
             
             Annoque
             Dom.
             1375.
             it
             is
             plain
             that
             the
             Admiral
             hath
             Jurisdiction
             upon
             the
             Ports
             ,
             as
             well
             as
             upon
             the
             high
             Seas
             .
          
           
             EDward
             the
             Third
             by
             a
             solemn
             Inquisition
             of
             divers
             persons
             most
             famous
             for
             skill
             in
             Maritime
             matters
             and
             sea-faring
             businesses
             ,
             selected
             and
             chosen
             from
             divers
             parts
             of
             the
             Kingdome
             ,
             and
             assembled
             at
             Quinborough
             upon
             the
             second
             of
             April
             in
             the
             49th
             year
             of
             his
             reign
             ,
             
               Anno
               Dom
            
             1375.
             set
             down
             certain
             Laws
             concerning
             the
             Admiralty
             Court
             and
             seafaring
             matters
             in
             old
             French
             ,
             all
             which
             are
             yet
             extant
             in
             the
             old
             authentique
             
               Black
               Book
               of
               the
               Admiralty
            
             before
             mentioned
             .
             I
             shall
             only
             set
             down
             what
             doth
             shew
             the
             Jurisdiction
             of
             the
             Admiral
             to
             be
             upon
             the
             Ports
             and
             Havens
             ;
             the
             Inquisition
             first
             setteth
             forth
             who
             was
             then
             Warden
             of
             the
             Cinque-Ports
             ,
             who
             Lord
             Admiral
             ,
             and
             who
             were
             the
             Inquisitors
             ,
             in
             these
             words
             .
          
           
             Cest
             l'
             Inquisition
             pris
             a
             Quenesburgh
             per
             commandement
             de
             nostre
             sieur
             Roy
             Edward
             le
             tiers
             puis
             la
             conquest
             d'
             Angleterre
             la
             2d
             jour
             dauril
             ,
             lan
             de
             son
             regne
             quarante
             &
             neu●me
             devant
             William
             sire
             de
             Latymer
             Chamberlain
             d'
             Angleterre
             &
             gardenn
             des
             aul
             ports
             ,
             &
             Mr.
             William
             de
             Nevill
             Admirall
             de
             nostre
             dit
             sur
             le
             Roy
             es
             parties
             du
             North
             pour
             mettre
             en
             certam
             les
             points
             apres
             ascriptz
             en
             maner
             comme
             ilzont
             este
             usez
             doncien
             temps
             par
             les
             surementz
             de
             
               Robert
               Loundeneys
               ,
               Robert
               ,
               Henry
               ,
            
             &
             
               William
               Passelewe
            
             de
             Wychelsey
             ,
             &
             
               Symon
               Colerede
            
             de
             
               Boure
               ,
               Thomas
               Moys
            
             de
             
               Sandwitz
               ,
               Bartheu
               Stigan
            
             de
             
               Standford
               ,
               John
               Martyn
            
             de
             
               Grenewiz
               ,
               Thomas
               Hering
            
             &
             
               Richard
               Thebande
            
             de
             Gravesend
             ,
             &
             
               John
               Burgeys
            
             leisne
             ,
             &
             
               John
               Burgeys
            
             a
             puisne
             de
             
               Fobbing
               ,
               Hammond
               Lovetost
            
             ,
             &
             
               John
               Snell
            
             de
             
               Bellingham
               ,
               Thomas
               Spring
            
             de
             
               Remham
               ,
               Thomas
               Rame
            
             &
             
               Richard
               Lyne
               ,
               William
               Jankyn
            
             &
             
               Richard
               Lorbyn
            
             de
             Queneburgh
             pour
             mesmes
             le
             points
             de
             sor
             mais
             tenir
             firmement
             &
             continuer
             selon
             le
             voier
             dit
             apres
             a
             escript
             .
          
           
             So
             that
             by
             this
             last
             clause
             it
             appeareth
             that
             these
             Laws
             were
             thenceforth
             to
             be
             firmly
             held
             and
             continued
             ;
             which
             do
             thus
             present
             themselves
             .
          
           
             Et
             primier
             dient
             les
             avant
             ditz
             furer
             per●es
             serements
             que
             se
             ,
             &c.
             
          
           
             It
             is
             plain
             by
             the
             17
             Ordinance
             ,
             that
             if
             a
             Mariner
             do
             hire
             himself
             to
             a
             Master
             of
             a
             Ship
             ,
             in
             any
             Port
             or
             Haven
             ,
             and
             shall
             afterwards
             ,
             
             before
             the
             Ship
             goeth
             out
             of
             the
             Haven
             on
             her
             Voyage
             ,
             forsake
             and
             leave
             her
             ,
             he
             shall
             be
             punished
             by
             the
             Admiral
             .
             The
             Law
             runneth
             thus
             :
          
           
             Item
             que
             touts
             b
             maners
             de
             mariners
             que
             sont
             retenuz
             avec
             aucun
             Seigneur
             de
             nef
             pour
             liu
             servir
             A
             Bordeaulx
             au
             ailleurs
             pur
             Rainsonnable
             salaire
             ainsi
             comme
             a
             este
             use
             en
             divers
             ports
             par
             tout
             le
             Royalme
             ,
             &c.
             &
             se
             aucun
             manner
             se
             voide
             daucun
             e
             nef
             en
             tel
             cas
             il
             sera
             gre
             vosement
             amerciez
             selon
             la
             discretion
             de
             l'
             Admiral
             &
             fera
             gre
             au
             posseseur
             de
             la
             nef
             .
          
           
             Hereby
             it
             is
             manifest
             that
             the
             Admiral
             hath
             jurisdiction
             upon
             the
             Ports
             ,
             otherwise
             he
             could
             not
             punish
             the
             Mariner
             for
             his
             forsaking
             the
             Ship
             there
             before
             her
             going
             to
             sea
             .
          
           
             And
             the
             case
             is
             the
             like
             in
             respect
             of
             the
             payment
             of
             Lodmanage
             ,
             which
             being
             a
             thing
             proper
             to
             a
             Port
             or
             Haven
             ,
             is
             ,
             according
             to
             the
             Laws
             of
             Oleron
             ,
             to
             be
             decided
             by
             the
             Admiral
             ,
             as
             hath
             been
             already
             c
             shewed
             ,
             is
             by
             these
             Laws
             again
             appointed
             in
             these
             words
             .
          
           
             Item
             endroit
             Lodemanage
             dient
             les
             avant
             ditz
             jurez
             que
             leur
             semble
             in
             cest
             cas
             elz
             ne
             scavent
             meilleur
             advys
             ne
             remedie
             mais
             que
             ce
             soit
             de
             sorce
             usez
             ,
             &c.
             fait
             par
             main'e
             quest
             continue
             en
             la
             loyd
             '
             d
             Oleron
             .
          
           
             And
             these
             were
             established
             for
             Laws
             ,
             against
             which
             if
             any
             do
             offend
             ,
             the
             Admiral
             doth
             justice
             in
             such
             manner
             ,
             that
             others
             may
             be
             thereby
             warned
             not
             to
             offend
             against
             them
             ,
             as
             appeareth
             by
             the
             last
             of
             them
             ,
             which
             saith
             thus
             .
          
           
             Item
             ordonne
             estoit
             que
             ce
             aucune
             nef
             biens
             merchandises
             ,
             &c.
             
               and
               concludeth
               with
               this
               Clause
            
             .
             Et
             se
             aucumy
             soit
             trouve
             rebelle
             encontre
             aucun
             des
             ditz
             pointz
             quil
             soit
             ainsi
             justise
             &
             constraint
             per
             l'
             Admiral
             quantres
             y
             prengnout
             exemple
             de
             luy
             &
             redoublet
             le
             plus
             datempler
             ou
             aler
             en
             contre
             cest
             ordonnance
             ou
             aucun
             point
             contenue
             en
             e
             icells
             .
          
           
             Here
             unto
             these
             Laws
             and
             Ordinance
             are
             likewise
             ,
             as
             unto
             the
             antient
             Statutes
             of
             the
             Admiralty
             before
             mentioned
             ,
             adjoyned
             divers
             Articles
             ,
             inquirable
             ,
             presentable
             ,
             and
             punishable
             in
             the
             Admiralty
             Court
             ,
             many
             of
             which
             ,
             as
             did
             the
             others
             ,
             do
             plainly
             shew
             that
             the
             Admiral
             hath
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             .
             Some
             of
             them
             here
             I
             shall
             likewise
             set
             down
             .
          
           
             It
             soit
             enquis
             de
             tous
             petites
             ,
             fellonies
             ,
             emblants
             en
             ports
             ,
             ou
             sur
             la
             mer
             dedens
             nefs
             ou
             batealx
             or
             ou
             argent
             ou
             de
             brusent
             coffres
             &
             emportant
             ce
             qui
             est
             dedens
             icelles
             ou
             emblest
             amrous
             ancres
             ou
             autres
             apperilz
             de
             nefs
             ou
             bateaulx
             ou
             emblet
             ou
             coupent
             sur
             la
             mer
             Rees
             ou
             levant
             Taws
             .
          
           
             Other
             Articles
             I
             find
             here
             as
             in
             the
             former
             ,
             to
             enquire
             of
             such
             as
             found
             either
             Waifs
             ,
             Flotson
             ,
             Jetson
             ,
             or
             Lagon
             ,
             viz.
             either
             Ships
             ,
             Vessels
             or
             Boats
             of
             any
             sort
             whatsoever
             upon
             the
             Seas
             ,
             or
             Sea-Ports
             ,
             forsaken
             and
             lost
             by
             the
             owners
             ,
             Goods
             lost
             by
             Shipwrack
             ,
             and
             found
             floating
             or
             swimming
             upon
             the
             top
             of
             the
             waters
             ;
             
             Goods
             cast
             out
             of
             a
             Ship
             being
             in
             danger
             of
             wreck
             ,
             and
             beaten
             to
             the
             Shore
             by
             the
             waters
             ,
             or
             cast
             on
             the
             shore
             by
             the
             Mariners
             ;
             or
             Goods
             lying
             in
             the
             bottom
             of
             the
             Sea
             ,
             or
             Port
             ,
             there
             likewise
             left
             and
             lost
             by
             the
             owners
             ,
             as
             f
             Iron
             ,
             Gold
             ,
             Silver
             ,
             Anchors
             ,
             &c.
             whereof
             the
             Admiral
             hath
             not
             had
             his
             share
             .
          
           
             Here
             likewise
             (
             as
             of
             all
             the
             former
             )
             is
             contained
             that
             Article
             against
             Weirs
             ,
             Kidles
             ,
             Blind-stake
             ,
             Water-mills
             ,
             &c.
             which
             do
             an
             noy
             the
             great
             Streams
             ,
             and
             Channels
             of
             Havens
             or
             Ports
             ;
             which
             followeth
             in
             these
             words
             .
          
           
             Item
             g
             soit
             enquis
             de
             tous
             ceulx
             qui
             foustinent
             sur
             les
             .
             gros
             streams
             &
             channels
             des
             Havens
             ou
             Ports
             ,
             Weres
             ,
             Kedylles
             ,
             Blindstakes
             ,
             Watermilles
             ou
             autres
             instruments
             en
             aueant
             ance
             des
             Ports
             per
             les
             quelz
             nefs
             ou
             batean
             out
             este
             periz
             ou
             homme
             mort
             .
          
           
             Amongst
             these
             Articles
             also
             ,
             one
             enquireth
             of
             such
             as
             have
             found
             any
             one
             dead
             upon
             the
             Sea
             ,
             or
             in
             any
             Ports
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             and
             hath
             found
             upon
             him
             any
             Gold
             ,
             Silver
             ,
             Jewel
             ,
             or
             any
             other
             Commodity
             of
             value
             ,
             and
             hath
             not
             rendred
             it
             to
             the
             Admiral
             ,
             or
             his
             Lieutenant
             ,
             as
             a
             Deodand
             .
          
           
             Item
             h
             soit
             enquis
             de
             ceulx
             qui
             ont
             trouve
             sur
             aucun
             homme
             mort
             trouve
             sur
             la
             mer
             ,
             ou
             en
             Ports
             dedens
             le
             Jurisdiction
             de
             Admiralte
             or
             ,
             argent
             ou
             autre
             Jovell
             ou
             chose
             de
             value
             &
             le
             navy
             rend
             a
             l'
             Admirall
             ou
             son
             Lieutenant
             comme●dedant
             car
             ce
             appertient
             a
             l'
             Admiral
             pour
             disposer
             pour
             lame
             de
             homme
             mort
             .
          
           
             By
             these
             i
             Articles
             are
             likewise
             to
             be
             enquired
             of
             the
             death
             of
             a
             man
             in
             any
             Ship
             ,
             Vessel
             ,
             or
             Boat
             ,
             &c.
             
             And
             of
             the
             maime
             ,
             sheding
             of
             blood
             ,
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             and
             divers
             other
             such
             like
             matters
             ,
             &c.
             
          
           
             And
             so
             for
             k
             Ships
             ,
             Barges
             and
             Ballengers
             arrested
             for
             the
             Voyages
             of
             the
             King
             or
             Admiral
             ;
             and
             breach
             of
             the
             Arrests
             ,
             and
             the
             like
             for
             Mariners
             .
          
           
             By
             these
             Articles
             likewise
             are
             to
             be
             enquired
             of
             all
             such
             as
             do
             drag
             for
             Oysters
             ,
             Muscles
             ,
             &c.
             in
             unseasonable
             times
             ,
             and
             such
             as
             do
             destroy
             the
             Fry
             l
             of
             Fish
             ,
             and
             of
             such
             Mariners
             as
             do
             violence
             to
             the
             Owner
             of
             the
             Ship
             ,
             contrary
             to
             the
             Laws
             of
             the
             Sea
             ,
             and
             Statutes
             of
             Oleron
             ;
             such
             Mariners
             as
             disobey
             the
             lawfull
             commands
             of
             their
             Master
             ;
             such
             Masters
             as
             keep
             not
             their
             Mariners
             in
             order
             and
             peace
             according
             to
             the
             Laws
             of
             Oleron
             ,
             and
             likewise
             of
             m
             Loads-men
             and
             Loads-manage
             .
          
           
             And
             here
             particularly
             is
             to
             be
             enquired
             of
             such
             as
             do
             claim
             propriety
             in
             any
             Port
             or
             Haven
             ,
             which
             belongeth
             unto
             the
             King
             ,
             without
             Charter
             ,
             or
             Prescription
             to
             the
             disinheritance
             of
             the
             King.
             
          
           
           
             Item
             soit
             enquis
             se
             aucun
             clame
             properte
             en
             port
             ou
             commers
             qui
             attient
             a
             ●●stre
             sur
             le
             Roy
             &
             ne
             la
             my
             par
             chartre
             ou
             praescription
             en
             disheritance
             du
             n
             Roy.
             
               And
               in
               this
               respect
               as
               well
               as
               others
               ,
               is
               the
               Admiral
               called
            
             Custos
             portuum
             ,
             &
             Custos
             o
             maritimarum
             partium
             ,
             &c.
             
          
           
             Here
             again
             ,
             as
             by
             the
             former
             Articles
             ,
             are
             Forestallers
             and
             Regraters
             ,
             as
             is
             before
             mentioned
             ,
             to
             be
             enquired
             of
             p
             ;
             and
             so
             are
             Weights
             and
             Measures
             ,
             and
             the
             abuses
             of
             water
             Officers
             q
             .
          
           
             By
             another
             Article
             here
             are
             Fishermen
             to
             be
             enquired
             of
             ,
             which
             take
             Salmons
             out
             of
             season
             in
             any
             Arme
             of
             the
             Sea
             ,
             as
             
               Thames
               ,
               Trent
               ,
               &c.
            
             specifying
             some
             particular
             Arms
             of
             the
             Sea
             ,
             and
             concluding
             withall
             in
             general
             ,
             so
             that
             by
             Arms
             of
             the
             Sea
             in
             these
             Laws
             exprest
             ,
             Ports
             and
             Havens
             must
             needs
             be
             meant
             ;
             the
             same
             things
             which
             Sir
             
               Edward
               Coke
            
             under
             the
             same
             notion
             would
             have
             to
             be
             within
             the
             Bodies
             of
             Counties
             ,
             and
             out
             of
             the
             Jurisdiction
             of
             the
             Admiralty
             ;
             which
             we
             see
             plainly
             did
             thereunto
             belong
             in
             far
             more
             ancient
             times
             ,
             then
             any
             of
             his
             proofs
             and
             authorities
             are
             of
             to
             the
             contrary
             ;
             and
             these
             are
             the
             words
             of
             the
             Article
             .
          
           
             Item
             r
             soit
             enquis
             de
             poissonners
             que
             prennent
             saulmons
             bors
             de
             saison
             aux
             bras
             de
             mer
             cestassavoir
             
               Thames
               ,
               Trent
               ,
               Deve
               ,
               Derwent
               ,
               Agre
               ,
               Reme
               ,
               Humbre
               ,
            
             &
             autres
             riviers
             q'l
             conq's
             ou
             destroint
             fry
             de
             saulmont
             en
             aucun
             temps
             de
             lau
             .
          
           
             For
             any
             one
             to
             remove
             an
             ſ
             Anchor
             of
             any
             Ship
             or
             Vessel
             without
             warning
             given
             to
             the
             Master
             or
             some
             of
             his
             Company
             ,
             by
             which
             means
             the
             Ship
             doth
             perish
             ,
             or
             any
             man
             is
             slain
             ,
             or
             cut
             the
             Boy
             from
             the
             Boy-rope
             ,
             so
             that
             the
             Anchor
             is
             lost
             ,
             are
             offences
             against
             the
             Laws
             of
             Oleron
             ,
             presentable
             before
             the
             Admiral
             ,
             or
             his
             Lieutenant
             ,
             and
             punishable
             according
             to
             those
             Laws
             .
          
           
             Here
             likewise
             is
             an
             Article
             agreeable
             with
             the
             former
             ,
             amongst
             those
             adjoyned
             unto
             the
             old
             Statutes
             concerning
             t
             Shipwrights
             wages
             .
          
           
             Divers
             other
             Articles
             there
             be
             which
             concern
             other
             matters
             belonging
             to
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             some
             of
             which
             might
             have
             been
             likewise
             deduced
             into
             proof
             for
             the
             Admirals
             Jurisdiction
             upon
             the
             Ports
             ;
             but
             I
             conceive
             these
             will
             be
             sufficient
             to
             convince
             any
             indifferent
             man
             that
             he
             had
             Jurisdiction
             there
             in
             Edward
             the
             Thirds
             time
             ,
             and
             by
             those
             that
             are
             adjoyned
             to
             the
             ancient
             Statutes
             of
             the
             Admiralty
             ,
             and
             introduction
             of
             the
             Laws
             of
             Oleron
             ,
             it
             will
             appear
             that
             he
             had
             Jurisdiction
             there
             long
             before
             .
          
           
             Unto
             these
             Articles
             are
             joyned
             several
             Admonitions
             drawn
             into
             several
             Articles
             ,
             for
             the
             due
             observance
             of
             these
             Articles
             ,
             and
             putting
             them
             in
             u
             Execution
             .
          
           
           
             And
             next
             unto
             them
             is
             set
             forth
             the
             manner
             of
             proceeding
             according
             to
             the
             Maritime
             Laws
             ,
             both
             in
             causes
             Civil
             and
             Criminal
             .
          
        
         
           
             CHAP.
             XIII
             .
          
           
             That
             by
             the
             aucient
             Statutes
             of
             Enquiry
             ,
             translated
             out
             of
             French
             into
             Latine
             ,
             by
             Rowghton
             ,
             the
             Admirals
             Jurisdiction
             is
             upon
             the
             Ports
             and
             Havens
             ,
             aswell
             as
             over
             the
             high
             Seas
             .
          
           
             WElwood
             in
             his
             Proeme
             to
             his
             Abridgement
             of
             the
             Sea
             Laws
             maketh
             mention
             of
             the
             Inquisition
             taken
             by
             18
             most
             famous
             persons
             for
             skill
             in
             seafaring
             matters
             assembled
             at
             Quinborough
             ,
             and
             the
             Articles
             there
             agreed
             on
             ,
             out
             of
             which
             I
             have
             cited
             some
             in
             the
             foregoing
             chapter
             ;
             and
             he
             saith
             ,
             that
             
               Thomas
               Roughton
            
             afterwards
             turned
             them
             into
             Latine
             ,
             and
             entitled
             them
             Articles
             
               De
               officio
               Admiralitatis
               Angliae
            
             .
             But
             I
             do
             not
             find
             that
             the
             Articles
             which
             Roughton
             translated
             out
             of
             French
             into
             Latine
             were
             the
             Articles
             agreed
             on
             at
             Quinborough
             ;
             for
             the
             Articles
             of
             Quinborough
             set
             not
             down
             the
             penalties
             upon
             the
             breach
             of
             every
             particular
             Article
             (
             but
             referre
             the
             punishment
             to
             the
             former
             ancient
             Statutes
             and
             Articles
             of
             the
             Admiralty
             ,
             and
             the
             Laws
             of
             Oleron
             )
             whereas
             those
             translated
             by
             Roughton
             do
             ;
             besides
             at
             the
             Inquision
             of
             Quinborough
             ,
             there
             were
             by
             those
             exquisite
             skilfull
             men
             in
             Maritime
             businesses
             both
             at
             home
             and
             abroad
             ,
             several
             Sea
             Laws
             or
             Statutes
             agreed
             on
             ,
             and
             by
             the
             King
             confirmed
             ,
             which
             I
             find
             not
             translated
             by
             Roughton
             ,
             where
             he
             averreth
             such
             his
             translation
             of
             Articles
             out
             of
             the
             French
             tongue
             into
             the
             Latine
             ,
             and
             calleth
             them
             Statutes
             ,
             in
             regard
             the
             penalty
             of
             all
             or
             most
             of
             them
             are
             therein
             determined
             and
             appointed
             ,
             which
             his
             averrement
             is
             in
             these
             words
             at
             the
             end
             thereof
             ;
             
               Haec
               statuta
               fuerunt
               translata
               per
               me
            
             a
             Thomam
             Roughton
             
               à
               linguâ
               Gallicanâ
               in
               Latinam
               ,
               signum
               meum
               manuale
               in
               testimonium
               ejusdem
               hic
               apponendo
               .
            
             Now
             in
             this
             averrement
             there
             is
             no
             mention
             of
             the
             Articles
             of
             Quinborough
             ,
             besides
             those
             ;
             and
             these
             agree
             not
             in
             method
             ,
             nor
             in
             number
             .
          
           
             Nor
             are
             these
             the
             translation
             of
             those
             ancient
             Articles
             adjoyned
             unto
             the
             ancient
             Statutes
             of
             the
             Admiralty
             (
             which
             have
             the
             penalty
             upon
             the
             breach
             of
             every
             of
             them
             set
             down
             in
             them
             ,
             as
             
             these
             have
             )
             for
             they
             have
             neither
             the
             same
             method
             ,
             nor
             the
             same
             division
             ,
             these
             being
             divided
             into
             50
             Articles
             ,
             those
             but
             into
             38.
             
             Yet
             are
             not
             these
             Articles
             in
             any
             one
             particular
             contrariant
             or
             repugnant
             one
             unto
             another
             ;
             but
             so
             agreeable
             in
             matter
             of
             substance
             ,
             that
             that
             agreement
             amongst
             them
             may
             stand
             for
             a
             true
             confirmation
             ,
             and
             a
             strong
             corroboration
             both
             of
             the
             justice
             ,
             equity
             and
             authority
             they
             carry
             along
             with
             them
             ,
             and
             also
             of
             the
             credit
             that
             is
             to
             be
             given
             to
             them
             .
          
           
             They
             all
             so
             agreeing
             (
             as
             I
             have
             said
             )
             these
             must
             needs
             prove
             the
             same
             thing
             that
             the
             others
             have
             done
             ,
             namely
             the
             b
             Admirals
             Jurisdiction
             to
             be
             upon
             the
             Ports
             and
             Havens
             .
             I
             shall
             set
             down
             some
             few
             of
             these
             in
             their
             own
             language
             ,
             to
             shew
             this
             agreement
             ,
             and
             so
             pass
             to
             a
             yet
             further
             proof
             of
             this
             particular
             .
          
           
             But
             I
             shall
             first
             observe
             that
             as
             heretofore
             b
             I
             have
             shewed
             that
             the
             Admirals
             anciently
             have
             had
             joyned
             unto
             their
             Patents
             for
             that
             place
             whereof
             they
             were
             Admirals
             ,
             a
             special
             Precept
             to
             all
             Sheriffs
             ,
             Mayors
             ,
             Bayliffs
             ,
             Constables
             ,
             Headboroughs
             ,
             &c.
             commanding
             them
             to
             be
             obedient
             unto
             the
             Admiral
             and
             his
             Lieutenants
             ,
             and
             to
             be
             aiding
             and
             assisting
             unto
             them
             when
             they
             should
             be
             thereunto
             required
             ;
             so
             by
             the
             front
             of
             these
             Articles
             or
             Statutes
             the
             Admiral
             is
             directed
             to
             grant
             his
             Warrant
             to
             the
             Bayliffs
             of
             the
             Port
             (
             if
             it
             be
             a
             liberty
             )
             as
             well
             as
             to
             his
             Marshall
             for
             the
             summoning
             of
             a
             Jury
             to
             make
             enquiry
             (
             according
             to
             these
             Articles
             )
             of
             all
             such
             offences
             as
             are
             committed
             contrary
             thereunto
             ;
             which
             Articles
             are
             there
             said
             to
             concern
             the
             Maritime
             Law
             ;
             and
             these
             are
             the
             words
             of
             that
             direction
             .
          
           
             Inprimis
             c
             cum
             veneris
             ad
             portum
             per
             costeras
             maris
             ,
             si
             sit
             in
             villâ
             quae
             habet
             libertatem
             ,
             fiat
             Warrantum
             Mariscallo
             Curiae
             ac
             Ballivis
             libertatis
             quod
             venire
             faciant
             xxiiij
             .
             probos
             &
             legales
             de
             viceneto
             illo
             ,
             viz
             Mercatores
             &
             Marinarios
             ,
             &
             alios
             per
             quos
             rei
             veritas
             melius
             sciri
             poterit
             &
             inquiri
             ,
             ad
             inquirendum
             in
             Curiâ
             Admiralli
             certis
             tida
             d
             &
             loco
             tenenda
             per
             eorum
             sacramentum
             fideliter
             praestandum
             ,
             quicquid
             eis
             constare
             poterit
             super
             certis
             articulis
             legem
             maritimam
             tangentibus
             ,
             super
             quibus
             erant
             ad
             tunc
             onerati
             pariter
             &
             jurati
             .
          
           
             And
             the
             penalties
             of
             the
             breach
             of
             Articles
             first
             mentioned
             are
             as
             these
             are
             ,
             in
             case
             the
             party
             be
             convict
             ,
             and
             that
             by
             express
             words
             ,
             
               sil
               est
               de
               ce
               convicte
               ,
               &c.
            
             as
             will
             appear
             by
             some
             of
             those
             I
             have
             before
             cited
             ,
             e
             and
             as
             will
             here
             appear
             by
             some
             of
             those
             I
             am
             about
             to
             cite
             ,
             
               si
               indictatus
               &
               convictus
            
             .
          
           
             Whence
             I
             gather
             that
             which
             will
             clearly
             overthrow
             the
             very
             foundation
             whereon
             many
             of
             Sir
             
               Edward
               Cokes
            
             arguments
             are
             grounded
             ,
             viz.
             that
             wherean
             inquiry
             may
             be
             made
             by
             Jury
             ,
             there
             
             the
             Admiral
             hath
             no
             Jurisdiction
             ,
             which
             we
             plainly
             see
             is
             not
             so
             .
          
           
             The
             first
             of
             these
             Articles
             with
             a
             nota
             ,
             is
             the
             same
             with
             that
             which
             precedeth
             the
             first
             mentioned
             Articles
             ,
             which
             is
             against
             such
             as
             shall
             discover
             the
             Kings
             Counsel
             ,
             or
             his
             fellow-Jurats
             ;
             and
             the
             penalty
             is
             the
             same
             here
             with
             that
             there
             ,
             which
             is
             a
             very
             terrible
             punishment
             (
             but
             I
             am
             not
             about
             to
             set
             forth
             what
             the
             penalty
             or
             punishment
             of
             the
             breach
             of
             every
             Article
             is
             )
             It
             is
             enough
             for
             my
             purpose
             ,
             that
             the
             Articles
             do
             some
             of
             them
             plainly
             shew
             that
             the
             Admiralty
             Jurisdiction
             is
             not
             limited
             to
             the
             high
             Seas
             ,
             as
             Sir
             
               Edward
               Coke
            
             would
             have
             it
             ,
             and
             that
             by
             this
             first
             Article
             as
             well
             as
             by
             many
             more
             :
             For
             certainly
             whether
             a
             Jurate
             doth
             disclose
             the
             Kings
             counsell
             ,
             or
             his
             Fellows
             either
             at
             Sea
             or
             Land
             ,
             or
             upon
             Port
             or
             Haven
             in
             these
             Maritime
             matters
             ,
             it
             is
             inquirable
             in
             the
             Admiralty
             Court
             ,
             and
             there
             punishable
             ;
             for
             it
             is
             a
             ridiculous
             thing
             to
             set
             a
             penalty
             or
             punishment
             different
             from
             all
             punishments
             of
             the
             Common
             Law
             (
             as
             this
             is
             )
             upon
             any
             offence
             ,
             and
             not
             to
             have
             power
             to
             inflict
             it
             upon
             the
             party
             so
             offending
             ,
             unless
             he
             go
             to
             the
             sea
             to
             disclose
             and
             discover
             that
             whch
             he
             hath
             already
             done
             ,
             or
             might
             have
             done
             at
             land
             .
             And
             this
             likewise
             will
             check
             the
             opinion
             of
             those
             that
             hold
             that
             whatsoever
             is
             done
             at
             land
             ,
             howsoever
             it
             concern
             Maritime
             affairs
             ,
             is
             cognoscible
             at
             the
             Common
             Law
             ,
             and
             not
             in
             the
             Admiralty
             :
             but
             of
             that
             in
             its
             due
             place
             .
             I
             shall
             here
             only
             set
             down
             (
             as
             I
             said
             before
             )
             some
             few
             of
             those
             Articles
             ,
             which
             shew
             the
             Admiralty
             Jurisdiction
             to
             be
             upon
             the
             Ports
             ,
             and
             are
             agreeable
             with
             the
             former
             which
             I
             have
             before
             mentioned
             .
          
           
             The
             sixth
             Article
             doth
             enquire
             of
             such
             as
             have
             taken
             up
             any
             Weife
             ,
             Jetson
             ,
             Flotson
             ,
             or
             Lagon
             out
             of
             the
             Sea
             ,
             or
             any
             great
             River
             ,
             and
             have
             not
             satisfied
             the
             Admiral
             for
             his
             share
             ,
             this
             is
             punishable
             ,
             though
             it
             were
             Weife
             ,
             Jetson
             ,
             Flotson
             ,
             or
             Lagon
             in
             any
             great
             River
             or
             Port.
             The
             words
             of
             the
             Article
             are
             these
             .
          
           
             Inquiratur
             si
             quis
             reperit
             super
             mare
             sive
             in
             grossis
             rivis
             ,
             naves
             ,
             ferrum
             ,
             plumbum
             ,
             seu
             aliqua
             alia
             bona
             fluctuantia
             ,
             vel
             in
             profundo
             jacentia
             ,
             quorum
             nemo
             est
             possessor
             ,
             quae
             vulgariter
             appellantur
             
               Flotteson
               ,
               Jetteson
               ,
               Lagon
            
             ,
             &
             Domino
             Admirallo
             non
             satisfecit
             pro
             parte
             ,
             Dominum
             Admirallum
             contingente
             ,
             viz.
             de
             medietate
             ;
             qui
             secus
             fecerit
             ,
             si
             super
             hoe
             indictatus
             &
             convictus
             fuerit
             ,
             &c.
             partem
             suam
             amittit
             nichilominus
             cum
             Admirallo
             secundum
             discretionem
             suam
             finem
             in
             hac
             parte
             faciendo
             ad
             valentiam
             bonorum
             g
             inventorum
             .
          
           
             The
             seventh
             Article
             inquireth
             of
             Mills
             ,
             Kiddles
             ,
             or
             other
             things
             in
             the
             Sea
             ,
             or
             great
             Rivers
             ,
             hurtfull
             to
             Ships
             or
             Navigation
             ,
             and
             
             how
             the
             causers
             of
             them
             are
             to
             be
             punished
             :
             the
             Article
             runneth
             thus
             .
          
           
             Inquiratur
             h
             si
             quis
             in
             grossis
             rivis
             levavit
             molendina
             ,
             Kydell
             ,
             seu
             aliqua
             alia
             instrumenta
             quae
             navigantibus
             seu
             navibus
             Communiter
             sunt
             nociva
             .
             Quod
             si
             de
             hujusmodi
             molendinis
             ,
             Kydellis
             ,
             aut
             instrumentis
             ,
             in
             nocumentum
             ut
             praefertur
             scituatis
             ,
             domino
             Admirallo
             per
             inquisitionem
             constiterit
             extrahi
             dēant
             penitus
             ,
             &
             destrui
             transgressores
             ,
             qui
             in
             hoc
             casu
             super
             hoc
             finem
             cum
             domino
             Admirallo
             facturi
             sunt
             .
          
           
             The
             tenth
             Article
             is
             against
             such
             as
             being
             arrested
             to
             serve
             the
             King
             ,
             break
             the
             Arrest
             ,
             who
             surely
             are
             both
             arrested
             ,
             and
             do
             break
             the
             Arrest
             either
             at
             land
             or
             upon
             the
             Port
             ,
             and
             not
             upon
             the
             high
             Seas
             ,
             and
             how
             such
             are
             to
             be
             punished
             :
             which
             the
             Article
             sheweth
             thus
             .
          
           
             Inquiratur
             i
             si
             arrestatus
             ad
             serviend
             .
             Regi
             fregit
             arrestum
             ,
             hujusmodi
             transgressor
             stat
             in
             gratiâ
             regiâ
             sive
             Admiralli
             sui
             utrum
             voluerint
             committere
             Carceribus
             mancipandum
             vel
             finem
             facere
             ,
             in
             hac
             parte
             ,
             si
             arrestum
             hujusmodi
             factum
             manifestum
             fuerit
             cognitum
             .
          
           
             The
             twelfth
             Articles
             is
             against
             such
             as
             do
             take
             Oysters
             and
             Muscles
             in
             prohibited
             times
             of
             the
             year
             ,
             and
             such
             as
             do
             at
             any
             time
             of
             the
             year
             fish
             with
             Nets
             of
             too
             narrow
             a
             mash
             in
             great
             Rivers
             ,
             and
             destroy
             small
             Salmons
             ,
             and
             other
             fry
             of
             Fish
             ,
             who
             are
             to
             be
             punished
             as
             this
             Article
             sheweth
             .
          
           
             Inquiratur
             k
             de
             his
             qui
             capiunt
             ostria
             seu
             musculos
             inter
             primum
             diem
             Maii
             ,
             &
             Festum
             exaltationis
             Sanctae
             Crucis
             ,
             &
             etiam
             de
             his
             qui
             quocunque
             tempore
             anni
             per
             retia
             nimis
             stricta
             in
             grossis
             rivis
             deflruunt
             salmunculos
             ,
             seu
             alios
             pisces
             nimis
             juvenes
             ;
             omnes
             isti
             in
             hac
             parte
             indictati
             sive
             officio
             Admiralli
             detecti
             ,
             sive
             aliqualiter
             accusati
             ,
             finem
             facient
             secundum
             discretionem
             Admiralli
             ,
             &c.
             
          
           
             The
             fourteenth
             Article
             doth
             most
             manifestly
             shew
             the
             Admirals
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             ;
             for
             it
             setteth
             forth
             the
             punishment
             of
             such
             as
             do
             hinder
             or
             resist
             the
             Admiral
             ,
             or
             his
             Lieutenant
             ,
             freely
             to
             determine
             ,
             decide
             ,
             correct
             ,
             and
             put
             in
             execution
             all
             transgressions
             ,
             batteries
             ,
             felonies
             ,
             and
             other
             causes
             whatsoever
             happening
             upon
             the
             Sea
             ,
             or
             upon
             whatsoever
             Rivers
             ,
             waters
             ,
             or
             Rivolets
             of
             the
             Sea
             unto
             the
             first
             Bridge
             ,
             according
             to
             the
             custome
             and
             Law
             Maritime
             ,
             in
             these
             words
             .
          
           
             Inquiratur
             l
             de
             his
             qui
             impediunt
             ,
             vel
             resistunt
             domino
             Admirallo
             ;
             seu
             ejus
             locum
             tenenti
             ,
             batterias
             ,
             felonias
             ,
             &
             alias
             causas
             quascunque
             super
             mare
             &
             infra
             quoscunque
             rivos
             ,
             aquas
             ,
             sive
             riviculos
             maris
             usque
             ad
             primum
             pontem
             emergentes
             ,
             terminare
             ,
             decidere
             ,
             corrigere
             &
             executioni
             demandare
             libere
             possunt
             ,
             quia
             omnes
             isti
             sunt
             rebelles
             ,
             &
             tanquam
             rebelles
             sunt
             puniendi
             .
          
           
             The
             sixteenth
             Article
             is
             against
             forestallers
             in
             Ports
             and
             Havens
             ,
             
             and
             setteth
             the
             penalty
             and
             punishment
             of
             such
             offenders
             ,
             and
             in
             what
             case
             such
             shall
             be
             freed
             :
             thus
             .
          
           
             Inquiratur
             m
             de
             his
             ,
             qui
             ingressu
             portûs
             ,
             vel
             infra
             portum
             forinstallant
             &
             emunt
             victualia
             in
             grosso
             ,
             ad
             damnum
             comitatus
             vicinum
             ,
             indictatus
             super
             hoc
             &
             convictus
             ,
             &c.
             imprisonamentum
             ,
             dimidii
             anni
             habebit
             ,
             praeterea
             finem
             faciet
             domino
             Admirallo
             ad
             valentiam
             bonorum
             hujusmodi
             .
             Si
             tamen
             naves
             cum
             hujusmodi
             merchandizis
             sive
             victualibus
             vento
             contrario
             reluctante
             impeditae
             ,
             ventum
             expectent
             faventem
             ,
             emptores
             hujusmodi
             rerum
             sive
             victualium
             ab
             omni
             impeditione
             in
             hac
             parte
             erunt
             immunes
             ,
             &
             nichil
             domino
             Regi
             ,
             aut
             Admirallo
             perdent
             ,
             nec
             amittent
             .
          
           
             Many
             Articles
             more
             there
             are
             which
             do
             enquire
             of
             offences
             committed
             ,
             and
             punishments
             proper
             for
             them
             ,
             which
             are
             such
             penalties
             and
             punishments
             as
             are
             not
             used
             at
             the
             Common
             Law
             ;
             I
             shall
             but
             only
             name
             the
             chiefest
             of
             them
             .
          
           
             There
             be
             Articles
             against
          
           
             Stealing
             ,
             n
             ,
             cutting
             off
             ,
             or
             carrying
             away
             the
             buoys
             fixed
             to
             an
             Anchor
             ,
             whereby
             the
             Ship
             doth
             perish
             ,
             or
             is
             made
             worse
             ,
             which
             is
             punished
             by
             the
             Law
             of
             the
             Sea
             with
             a
             punishment
             different
             from
             that
             of
             the
             Common
             Law.
             
          
           
             Against
             o
             Carpenters
             and
             other
             Artificers
             imployed
             about
             making
             or
             repairing
             of
             Ships
             ,
             for
             taking
             excessive
             wages
             .
          
           
             Against
             such
             as
             cast
             p
             Sand
             ,
             Ballast
             ,
             or
             any
             other
             thing
             into
             the
             Channel
             of
             a
             Port
             or
             Haven
             .
          
           
             Against
             a
             q
             Loadsman
             that
             undertaketh
             to
             bring
             a
             Ship
             safe
             through
             the
             Haven
             to
             the
             Key
             or
             place
             of
             discharge
             ,
             and
             through
             his
             ignorance
             ,
             idleness
             ,
             negligence
             ,
             or
             other
             fault
             suffereth
             the
             Ship
             or
             Merchandises
             to
             perish
             ,
             the
             punishment
             is
             such
             as
             is
             not
             used
             at
             the
             Common
             Law.
             
          
           
             Against
             such
             as
             that
             r
             strike
             ,
             wound
             ,
             draw
             blood
             ,
             make
             any
             fray
             ,
             or
             kill
             any
             man
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             they
             are
             to
             be
             punished
             according
             to
             the
             quantity
             and
             quality
             of
             the
             offence
             .
          
           
             Against
             ſ
             Regraters
             ,
             such
             as
             use
             false
             weights
             ,
             and
             false
             measures
             in
             their
             Ships
             for
             buying
             and
             selling
             by
             in
             the
             Ports
             and
             Havens
             .
          
           
             Against
             such
             as
             take
             t
             extraordinary
             Portage
             in
             any
             Haven
             ,
             and
             the
             Article
             setteth
             down
             what
             Portage
             is
             to
             be
             paid
             by
             Ships
             of
             such
             a
             burthen
             ,
             &c.
             
          
           
             Against
             u
             Port-keepers
             and
             Water-bayliffs
             that
             raise
             new
             Customes
             and
             excessive
             Fees
             within
             the
             Port
             or
             Haven
             ,
             &c.
             
          
           
             Against
             w
             Ships
             and
             Men
             appointed
             to
             serve
             the
             King
             ,
             and
             avoid
             the
             service
             .
          
           
           
             Against
             such
             as
             shall
             cut
             any
             x
             Cables
             ,
             &c.
             
          
           
             Against
             y
             Felonies
             done
             in
             Foreigners
             Ships
             ,
             and
             other
             Ships
             upon
             the
             Sea-Ports
             and
             Havens
             ;
             and
             against
             such
             as
             shall
             remove
             any
             Anchor
             .
          
           
             Against
             z
             notorious
             Malefactors
             ,
             either
             upon
             the
             Sea
             or
             Ports
             .
          
           
             Against
             a
             such
             as
             have
             taken
             and
             concealed
             any
             Deodand
             upon
             the
             Sea
             ,
             Port
             ,
             or
             Haven
             .
          
           
             To
             conclude
             ,
             the
             Admiralty
             is
             so
             farre
             from
             being
             limited
             to
             the
             cognizance
             of
             things
             done
             upon
             the
             high
             Seas
             ,
             that
             it
             is
             not
             so
             much
             as
             limited
             to
             things
             done
             upon
             Sea
             and
             Sea-Ports
             ,
             but
             the
             power
             and
             authority
             thereof
             is
             ,
             and
             of
             ancient
             times
             hath
             been
             extended
             to
             all
             such
             things
             as
             do
             belong
             unto
             the
             Seas
             ,
             Ports
             ,
             Havens
             ,
             and
             Salt-waters
             ,
             as
             will
             appear
             by
             the
             34th
             Article
             ,
             which
             is
             this
             .
          
           
             Item
             b
             inquiratur
             de
             his
             qui
             colligunt
             in
             sossat
             .
             aquam
             salsam
             ,
             &
             faciunt
             sibi
             piscarias
             ,
             scituantes
             &
             de
             novo
             facientes
             &
             incipientes
             gurgites
             ,
             aut
             alia
             sibi
             nccīa
             immobilia
             ,
             percipientes
             exitus
             &
             proficua
             eorundem
             ad
             eorum
             opus
             proprium
             &
             quae
             in
             aquâ
             salsa
             omnibus
             debent
             esse
             communia
             ,
             poena
             si
             indictati
             fuerint
             vel
             impetiti
             ,
             poenam
             ordinationis
             Regis
             Johannis
             apud
             Hastings
             subituri
             sunt
             :
             &c.
             
          
           
             And
             this
             Article
             further
             sheweth
             ,
             that
             such
             things
             as
             these
             which
             concern
             or
             belong
             to
             Ports
             or
             Havens
             ,
             did
             in
             King
             Johns
             time
             belong
             to
             the
             Cognizance
             of
             the
             Admiralty
             .
          
           
             And
             now
             I
             shall
             proceed
             unto
             such
             proofs
             as
             I
             have
             gathered
             from
             the
             Civil
             ●aw
             in
             confirmation
             of
             what
             I
             have
             gathered
             from
             other
             A●tiquity
             :
             But
             I
             must
             first
             shew
             that
             that
             Law
             is
             used
             and
             practised
             in
             other
             Nations
             ,
             being
             a
             thing
             by
             some
             strongly
             denyed
             .
          
        
         
           
             CHAP.
             XIV
             .
          
           
             That
             the
             Civil
             Law
             is
             used
             and
             practised
             in
             all
             or
             most
             Nations
             of
             Christendome
             .
          
           
             I
             Have
             heard
             (
             but
             am
             unwilling
             to
             believe
             it
             )
             that
             some
             have
             strangely
             dreamt
             ,
             and
             as
             strangely
             fancied
             that
             dream
             to
             be
             true
             ,
             that
             the
             Civil
             Law
             is
             not
             received
             ,
             nor
             of
             any
             use
             at
             all
             in
             forreign
             Nations
             ,
             but
             the
             same
             hath
             been
             1200
             years
             since
             abolished
             :
             but
             I
             doubt
             not
             but
             that
             when
             their
             judgements
             are
             
             awaked
             ,
             and
             better
             informed
             ,
             they
             will
             find
             the
             same
             to
             be
             but
             a
             dream
             ,
             and
             will
             easily
             be
             perswaded
             not
             to
             persist
             in
             such
             an
             error
             unreformed
             ,
             which
             I
             will
             more
             willingly
             term
             to
             be
             but
             a
             mistake
             ,
             for
             that
             the
             same
             may
             in
             part
             be
             understood
             to
             be
             true
             ,
             and
             the
             other
             part
             from
             thence
             miscollected
             ;
             for
             the
             City
             of
             Rome
             was
             no
             sooner
             built
             then
             it
             had
             Civil
             Laws
             ,
             and
             Sanctiones
             ordained
             ,
             constituted
             and
             appointed
             for
             the
             government
             thereof
             ,
             which
             in
             many
             hundred
             years
             were
             ,
             and
             in
             many
             more
             several
             Emperours
             Reigns
             ,
             by
             them
             altered
             ,
             augmented
             ,
             and
             encreased
             ,
             which
             were
             by
             warres
             and
             turmoyls
             about
             the
             time
             before
             mentioned
             (
             and
             long
             before
             Justinians
             reduction
             of
             them
             into
             method
             and
             order
             ,
             and
             compiling
             them
             into
             a
             body
             )
             much
             distracted
             and
             perplexed
             ,
             or
             rather
             laid
             aside
             ,
             and
             as
             it
             were
             destroyed
             ,
             and
             lost
             ,
             which
             makes
             Justinian
             himself
             in
             his
             Edict
             of
             confirmation
             of
             his
             digests
             ,
             say
             ,
             
               Post
               bella
            
             c
             Parthica
             
               aeterna
               pace
               sopita
               ,
               postque
            
             Vandalicam
             
               gentem
               ereptam
               &
            
             Carthaginem
             ,
             
               imo
               magis
               omnem
            
             Lybiam
             Romano
             
               Imperio
               iterum
               sociatam
               ,
               &
               leges
               antiquas
               jam
               senio
               praegravatas
               per
               nostram
               vigilantiam
               praebuit
               in
               novam
               pulchritudinem
               &
               moderatum
               pervenire
               compendium
               :
            
             so
             that
             it
             seemeth
             these
             old
             Civil
             Laws
             with
             their
             age
             and
             perplexities
             of
             warres
             ,
             which
             do
             silence
             Laws
             ,
             were
             praegravatae
             ,
             even
             suppressed
             ,
             or
             crushed
             down
             ,
             which
             some
             perhaps
             may
             terme
             an
             utter
             abolition
             ,
             and
             not
             without
             cause
             ,
             when
             as
             Justinian
             himself
             in
             the
             same
             place
             ,
             speaking
             of
             this
             reduction
             of
             them
             ,
             
               Quod
               nemo
               antea
               hoc
               superavit
            
             d
             
               neque
               humano
               ingenio
               possible
               esse
               penitus
               existimavit
            
             ;
             that
             no
             man
             (
             before
             he
             saw
             it
             done
             )
             did
             ever
             hope
             for
             ,
             or
             humane
             reason
             seriously
             think
             it
             possible
             :
             For
             that
             it
             was
             marvellous
             that
             the
             Roman
             Law
             ,
             which
             began
             with
             the
             City
             it self
             ,
             which
             had
             by
             the
             intestine
             warres
             there
             for
             almost
             fourteen
             hundred
             years
             been
             staggered
             ,
             and
             shaken
             ,
             and
             that
             extending
             unto
             the
             Imperial
             constitution
             ,
             they
             could
             be
             reduced
             unto
             one
             consonancy
             or
             agreement
             .
             
               Erat
               enim
               mirabile
            
             Romanam
             sancionem
             e
             
               ab
               urbe
               conditâ
               usque
               ad
               nostri
               imperii
               tempora
               ,
               quae
               pene
               in
               mille
               &
               qu●dringentos
               annos
               concurrunt
               intestinis
               praeliis
               vacillantem
               ,
               hocque
               &
               in
               imperiales
               constitutiones
               extendentem
               ,
               in
               unam
               reducere
               consonantiam
               .
            
          
           
             And
             from
             this
             suppression
             ,
             or
             laying
             aside
             of
             these
             ancient
             Roman
             Laws
             ,
             some
             it
             seemeth
             have
             miscollected
             ,
             and
             unduly
             concluded
             ,
             that
             the
             same
             hath
             never
             since
             been
             received
             or
             made
             use
             of
             in
             any
             forreign
             Nation
             at
             all
             .
          
           
             But
             this
             new
             moulding
             ,
             reducing
             ,
             and
             with
             so
             much
             pains
             ,
             labour
             and
             care
             ,
             digesting
             of
             those
             ancient
             Laws
             into
             method
             ,
             form
             ,
             and
             order
             ,
             and
             compiling
             them
             into
             a
             body
             ,
             plainly
             sheweth
             
             the
             contrary
             ,
             unless
             we
             will
             believe
             all
             this
             was
             done
             to
             no
             purpose
             .
          
           
             And
             if
             it
             shall
             be
             said
             that
             these
             Laws
             thus
             digested
             ,
             and
             brought
             into
             forme
             and
             method
             ,
             have
             since
             such
             their
             reduction
             (
             which
             was
             after
             the
             time
             of
             the
             twelve
             hundred
             years
             before
             mentioned
             for
             their
             being
             abolished
             )
             been
             again
             suppressed
             ,
             born
             down
             ,
             or
             abolished
             ,
             and
             not
             received
             in
             any
             forraign
             Nation
             to
             this
             day
             :
             What
             shall
             we
             say
             of
             the
             printing
             and
             so
             often
             reprinting
             of
             this
             large
             body
             of
             the
             Law
             ,
             since
             printing
             was
             first
             invented
             ,
             which
             was
             but
             190
             odd
             years
             agone
             ?
             Next
             what
             shall
             we
             say
             of
             the
             so
             late
             reprinting
             this
             large
             body
             with
             the
             gloss
             and
             case
             ,
             and
             other
             notes
             upon
             the
             same
             ,
             with
             the
             large
             Index
             thereunto
             ,
             in
             all
             consisting
             of
             six
             large
             Volumns
             in
             folio
             ,
             some
             printed
             in
             one
             Country
             ,
             and
             some
             in
             another
             ;
             some
             printted
             within
             these
             thirty
             years
             ,
             some
             within
             a
             shorter
             time
             ?
          
           
             Or
             what
             shall
             we
             say
             of
             the
             several
             Authors
             of
             most
             ,
             if
             not
             of
             all
             the
             several
             Nations
             of
             Christendome
             ,
             which
             have
             in
             all
             the
             several
             Centuries
             of
             years
             since
             the
             compiling
             of
             this
             body
             ,
             even
             unto
             this
             time
             ,
             wrote
             and
             commented
             upon
             the
             same
             ,
             some
             on
             one
             part
             ,
             some
             on
             another
             ;
             and
             of
             all
             those
             other
             Authors
             of
             all
             or
             most
             several
             Nations
             ,
             which
             have
             wrote
             several
             Tractates
             of
             Decisions
             and
             other
             Law-books
             ,
             which
             do
             ground
             and
             raise
             their
             authority
             from
             this
             body
             of
             the
             Law
             ,
             and
             quote
             the
             same
             for
             proof
             of
             whatsoever
             they
             determine
             ?
          
           
             Shall
             we
             say
             that
             all
             this
             from
             time
             to
             time
             continued
             study
             ,
             industry
             ,
             labour
             and
             pains
             hath
             been
             taken
             ,
             and
             all
             this
             cost
             ,
             charge
             ,
             and
             vast
             expence
             laid
             out
             to
             no
             end
             ,
             for
             no
             use
             or
             purpose
             ?
             or
             shall
             we
             say
             all
             this
             is
             done
             only
             to
             mock
             the
             world
             ?
             Certainly
             he
             that
             shall
             say
             either
             ,
             will
             but
             mock
             himself
             ,
             and
             such
             as
             will
             believe
             him
             ;
             but
             he
             can
             never
             deceive
             any
             one
             that
             hath
             but
             once
             seen
             the
             inside
             of
             a
             Civilian's
             study
             ,
             either
             at
             home
             or
             abroad
             ;
             for
             both
             are
             the
             same
             ,
             and
             furnished
             with
             books
             of
             the
             same
             nature
             and
             kind
             ;
             and
             all
             Lawyers
             or
             practisers
             in
             the
             Laws
             ,
             in
             all
             parts
             of
             Christendome
             are
             Civilians
             ,
             and
             do
             study
             and
             take
             their
             degrees
             in
             the
             Civil
             Law
             ,
             as
             the
             Civilians
             do
             here
             ,
             and
             do
             proceed
             in
             all
             causes
             for
             the
             most
             part
             according
             to
             the
             course
             and
             directions
             set
             down
             in
             the
             Civil
             Law
             ,
             and
             are
             regulated
             and
             guided
             in
             all
             their
             determinations
             and
             judgements
             by
             that
             Law
             ,
             saving
             that
             in
             several
             Nations
             they
             have
             several
             municipal
             Laws
             ,
             Acts
             ,
             or
             Edicts
             published
             ,
             and
             declared
             amongst
             themselves
             for
             the
             regulating
             their
             own
             particular
             Government
             ,
             which
             are
             binding
             unto
             no
             others
             ,
             nor
             observable
             in
             any
             other
             
             Nation
             ,
             then
             that
             wherein
             they
             were
             constituted
             and
             ordained
             ,
             and
             that
             in
             land
             businesses
             ,
             and
             not
             in
             maritime
             and
             sea
             affairs
             ,
             wherein
             several
             Nations
             by
             reason
             of
             their
             Trade
             and
             Traffique
             eath
             with
             other
             ,
             are
             concerned
             ,
             and
             must
             have
             their
             differences
             which
             happen
             between
             them
             determined
             by
             one
             and
             the
             same
             Law
             ,
             which
             is
             principally
             the
             Civil
             Law
             ,
             though
             some
             other
             Maritime
             Laws
             ,
             which
             receive
             their
             ground
             and
             foundation
             from
             the
             same
             ,
             are
             therewith
             practised
             ;
             by
             which
             all
             differences
             likewise
             happening
             and
             arising
             between
             Nation
             and
             Nation
             ,
             are
             to
             be
             regulated
             and
             determined
             ,
             it
             being
             now
             generally
             received
             as
             the
             Law
             of
             Nations
             ,
             although
             at
             the
             time
             of
             its
             being
             compiled
             into
             a
             body
             ,
             Justinian
             himself
             distinguished
             it
             both
             from
             that
             Law
             of
             Nations
             ,
             and
             from
             the
             Law
             of
             Nature
             .
             And
             for
             other
             municipal
             Laws
             ,
             one
             Nation
             will
             not
             subject
             it self
             unto
             a
             municipal
             Law
             framed
             and
             constituted
             by
             an
             other
             ,
             they
             being
             in
             some
             sort
             different
             each
             from
             other
             ,
             though
             both
             derived
             from
             one
             and
             the
             same
             principal
             Law
             ,
             and
             are
             neither
             so
             many
             as
             the
             Statute
             Laws
             of
             this
             Land
             ,
             nor
             so
             much
             different
             from
             the
             Civil
             Law
             it self
             as
             our
             Statute
             Laws
             are
             from
             our
             ancient
             fundamental
             Common
             Laws
             :
             For
             indeed
             the
             body
             of
             the
             Civil
             Law
             being
             so
             ample
             ,
             large
             ,
             perfect
             ,
             and
             compleat
             in
             it self
             ,
             for
             decision
             of
             all
             controversies
             of
             what
             nature
             soever
             ,
             arising
             between
             persons
             of
             what
             quality
             or
             condition
             soever
             ;
             The
             several
             municipall
             Laws
             of
             those
             several
             Countries
             ,
             are
             only
             some
             wayes
             confirmatory
             or
             explanatory
             thereof
             ;
             or
             sometimes
             extending
             ,
             or
             sometimes
             limiting
             the
             same
             ;
             but
             seldome
             or
             never
             contrariant
             or
             repugnant
             thereunto
             ,
             or
             much
             differing
             therefrom
             ;
             unless
             it
             be
             in
             the
             manner
             of
             punishment
             ,
             or
             the
             like
             ;
             and
             sometimes
             ,
             and
             in
             some
             places
             they
             are
             no
             other
             then
             the
             very
             same
             abreviated
             or
             shortned
             ,
             and
             made
             in
             affirmance
             of
             them
             ,
             and
             have
             their
             ground
             from
             them
             ,
             as
             some
             of
             our
             Statutes
             here
             have
             from
             the
             Common
             Law.
             Nay
             ,
             those
             very
             proceedings
             ,
             and
             determinations
             of
             Controversies
             in
             the
             Parliament
             of
             France
             (
             which
             many
             have
             thought
             most
             to
             differ
             from
             the
             proceedings
             and
             determinations
             of
             the
             Civil
             Law
             )
             are
             notwithstanding
             plainly
             agreeable
             thereunto
             ,
             and
             grounded
             thereon
             ;
             nay
             ,
             the
             very
             name
             ,
             Constitution
             and
             Authority
             thereof
             ,
             are
             all
             derived
             from
             the
             Civil
             Law
             ,
             as
             doth
             plainly
             appear
             by
             that
             which
             
               Johannes
               Montanus
            
             concerning
             the
             Authority
             of
             that
             great
             Councel
             ,
             hath
             wrote
             ,
             as
             likewise
             by
             the
             additions
             made
             thereunto
             by
             Boerius
             that
             Country-man
             ,
             not
             much
             above
             100
             years
             since
             ,
             where
             it
             appeareth
             that
             the
             very
             name
             Parliament
             ,
             whereby
             this
             great
             Councel
             is
             called
             ,
             
             is
             derived
             from
             the
             Civil
             Law
             ;
             Bartol
             f
             an
             ancient
             Commentatour
             upon
             that
             Law
             being
             there
             cited
             ,
             upon
             three
             several
             places
             thereof
             ,
             for
             having
             or
             using
             the
             word
             Parliamentum
             in
             the
             same
             sence
             the
             same
             is
             used
             in
             France
             ,
             and
             where
             likewise
             divers
             other
             Civil
             Law
             Authors
             are
             cited
             to
             the
             same
             purpose
             g
             .
          
           
             And
             Bartol
             is
             likewise
             cited
             for
             that
             he
             alloweth
             no
             Prince
             to
             hold
             a
             Parliament
             ,
             that
             acknowledgeth
             a
             Superiour
             .
             Princeps
             h
             
               non
               potest
               habere
               Parliamentum
               ,
               si
               superiorem
               recognoscat
               .
            
             And
             likewise
             Boerius
             proceedeth
             to
             the
             setting
             forth
             the
             use
             of
             this
             Parliament
             ,
             namely
             for
             the
             profit
             of
             the
             people
             ,
             ubi
             i
             
               super
               aliquo
               oportet
               provideri
               pro
               utilitate
               totius
               provinciae
               ,
               praeses
               debet
               facere
               congregare
               generale
               concilium
               seu
               Parliamentum
               ,
               ut
               super
               dubio
               proposito
               ,
               sanum
               &
               utile
               concilium
               exhibeatur
               .
            
             And
             it
             is
             there
             compared
             to
             the
             Roman
             assembly
             ,
             much
             mentioned
             in
             the
             Civil
             Laws
             k
             
               Et
               Parliamentum
               potest
               dici
               coetus
               ,
               cujus
               nomen
               tractum
               est
               ex
               more
            
             Romano
             ,
             taking
             rise
             and
             example
             from
             that
             glorious
             Assembly
             of
             the
             Palace
             of
             Rome
             ,
             mentioned
             in
             the
             Code
             of
             the
             Civil
             Law.
             l
             
               Id
               ab
               omnibus
               antea
               proceribus
               nostri
               palatii
               quam
               gloriosissimo
               coetu
               nostro
               &c.
               
            
          
           
             
               It
               is
               likewise
               called
               the
               Parliament
               of
            
             Paris
             ,
             
               and
               it
               is
               there
               said
               to
               be
               called
            
             m
             Parliamentum
             Parisiense
             ,
             quasi
             Parium
             lamentum
             ,
             quia
             Pares
             Franciae
             ,
             qui
             sunt
             de
             numero
             ipsius
             ,
             querelas
             &
             planctus
             audiunt
             ,
             de
             quo
             mentionem
             facit
             Paul.
             de
             n
             Castr
             .
             in
             Consil
             .
             334.
             vol.
             antiq
             .
          
           
             And
             it
             is
             there
             likewise
             said
             to
             be
             called
             
               Curia
               suprema
            
             ,
             o
             or
             
               curia
               judicum
               maximorum
               juxta
               Authen
               .
               de
               Consulibus
               Sect.
               si
               autem
               mediocre
               ,
               &
               tunc
               dicitur
               curia
               ,
               secundum
               eum
               ,
               id
               est
               cura
               vel
               cultura
               juris
               ,
            
             so
             that
             it
             is
             said
             to
             be
             the
             very
             sollicitude
             ,
             care
             ,
             or
             study
             of
             the
             Civil
             Law
             ;
             or
             the
             very
             tilling
             ,
             dressing
             ,
             or
             trimming
             thereof
             .
          
           
             
               And
               this
               great
               Court
               at
               first
               constituted
               by
               King
            
             Pipin
             ,
             consisted
             ex
             quatuor
             p
             viginti
             consiliariis
             computatis
             praesidentibus
             eisd
             .
             &
             per
             conclavia
             ,
             (
             quae
             cameras
             appellant
             )
             distributis
             .
             
               And
               after
               other
               additions
               made
               thereunto
               by
            
             Charles
             
               the
               Great
               ,
               Son
               of
               the
               said
               King
            
             Pipin
             ;
             Adjuncti
             praeterea
             fuerunt
             praedicto
             corpori
             octo
             magistri
             requestarum
             ,
             domus
             regiae
             ,
             ut
             sic
             centenarum
             judicum
             numerum
             tenens
             ,
             illius
             senatus
             effigiem
             haberet
             quem
             Romulus
             Romanorum
             regum
             primarius
             ut
             rei-publice
             consulerent
             ,
             creavit
             .
          
           
             There
             were
             furthermore
             adjoyned
             unto
             this
             body
             eight
             Masters
             of
             Requests
             of
             the
             Kings
             House
             ,
             that
             it
             keeping
             the
             number
             of
             an
             hundred
             Judges
             ,
             it
             might
             have
             the
             Effigies
             or
             Forme
             of
             that
             Senate
             Romulus
             the
             first
             King
             of
             the
             Romans
             constituted
             to
             counsel
             the
             Common-wealth
             .
          
           
             Nay
             ,
             the
             dignity
             ,
             the
             precedency
             ,
             and
             placing
             of
             the
             Counsellors
             of
             this
             great
             Councell
             ,
             is
             derived
             from
             the
             authority
             of
             the
             
             Civil
             Law
             ,
             as
             is
             plainly
             set
             forth
             in
             the
             said
             Montanus
             upon
             the
             Authority
             of
             the
             Parliament
             of
             France
             ,
             and
             Boerius
             his
             additions
             thereon
             ,
             who
             both
             quote
             the
             Civil
             Law
             for
             the
             same
             ;
             and
             so
             is
             likewise
             the
             very
             authority
             of
             the
             Councel
             from
             thence
             derived
             ,
             as
             by
             the
             said
             Authors
             doth
             likewise
             appear
             .
             And
             shall
             we
             now
             say
             that
             this
             great
             Court
             or
             Councell
             ,
             and
             the
             very
             order
             and
             authority
             thereof
             was
             thus
             framed
             and
             constituted
             by
             the
             rules
             and
             directions
             of
             the
             Civil
             Law
             ,
             and
             say
             ,
             conceive
             or
             think
             ,
             that
             their
             judgements
             and
             determinations
             of
             Controversies
             ,
             &c.
             there
             given
             and
             made
             ,
             are
             not
             according
             and
             agreeable
             to
             the
             same
             Law
             ?
          
           
             If
             I
             should
             here
             endeavour
             to
             set
             forth
             those
             several
             Authors
             and
             Writers
             upon
             the
             Civil
             Law
             ,
             which
             have
             as
             I
             said
             before
             ,
             in
             the
             several
             Nations
             of
             Christendome
             ,
             in
             all
             the
             several
             Ages
             and
             Centuries
             of
             years
             which
             have
             been
             ever
             since
             the
             Compiling
             that
             Body
             ,
             even
             unto
             this
             time
             ,
             written
             and
             commented
             thereon
             ,
             and
             those
             which
             have
             wrote
             the
             Decisions
             ,
             Determinations
             ,
             Judgements
             ,
             Objections
             ,
             and
             other
             Law
             books
             grounded
             upon
             the
             same
             ,
             and
             which
             cite
             them
             for
             their
             authority
             and
             proof
             of
             what
             they
             conclude
             ,
             I
             should
             extend
             this
             Chapter
             to
             a
             whole
             Book
             or
             Volumne
             ,
             and
             but
             shew
             the
             Civilian
             ,
             and
             such
             as
             have
             been
             verst
             in
             Law
             Libraries
             ,
             what
             they
             have
             seen
             already
             ,
             and
             but
             tell
             others
             of
             those
             things
             which
             they
             will
             neither
             search
             for
             ,
             nor
             endeavour
             to
             see
             :
             And
             I
             am
             afraid
             I
             have
             too
             farre
             already
             deviated
             from
             my
             intended
             port
             of
             discharge
             of
             the
             discourse
             I
             in
             this
             book
             entred
             upon
             ;
             which
             was
             to
             prove
             the
             Ports
             and
             Havens
             of
             the
             Sea
             to
             be
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ;
             but
             before
             I
             can
             return
             to
             steer
             a
             right
             course
             thither
             ,
             it
             will
             be
             necessary
             ,
             first
             to
             shew
             that
             the
             Civil
             Law
             is
             likewise
             necessarily
             practised
             ,
             used
             and
             exercised
             in
             all
             Admiralty
             Courts
             ,
             and
             there
             binding
             ,
             and
             of
             authority
             to
             direct
             the
             Determinations
             ,
             Sentences
             and
             Judgements
             decisorie
             in
             Maritime
             and
             Sea
             affairs
             ,
             between
             party
             and
             patty
             ,
             be
             they
             forreigners
             or
             others
             ;
             and
             then
             to
             shew
             that
             by
             those
             Laws
             so
             exercised
             and
             practised
             in
             those
             Cours
             ,
             as
             well
             as
             by
             the
             other
             Laws
             already
             set
             forth
             ,
             it
             doth
             appear
             that
             the
             Ports
             and
             Havens
             ,
             and
             all
             things
             done
             thereou
             are
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             .
          
        
         
           
           
             CHAP.
             XV.
             
          
           
             That
             the
             Traffique
             and
             Sea-trading
             is
             different
             from
             the
             bargaining
             and
             trading
             at
             land
             ;
             and
             that
             therefore
             in
             all
             Forreign
             Natious
             they
             have
             their
             distinct
             Judicatories
             guided
             by
             distinct
             Laws
             ,
             and
             that
             though
             the
             Judicatories
             for
             land
             affairs
             have
             in
             divers
             Nations
             divers
             Municipal
             Laws
             mixed
             with
             the
             Civil
             Law
             ,
             yet
             the
             Civil
             Law
             is
             strictly
             used
             and
             practised
             in
             all
             Admiralty
             Courts
             ,
             and
             is
             absolutely
             necessary
             in
             the
             decision
             of
             all
             Maritime
             and
             Sea
             differences
             .
          
           
             SUch
             as
             were
             apt
             to
             believe
             that
             the
             Civil
             Law
             was
             ,
             and
             is
             abolished
             in
             all
             forreign
             Parts
             ,
             and
             no
             use
             made
             thereof
             ,
             in
             the
             rule
             and
             governance
             of
             land
             affairs
             ,
             would
             very
             hardly
             (
             without
             the
             removal
             of
             that
             misapprehension
             )
             have
             been
             perswaded
             that
             the
             same
             was
             of
             any
             use
             in
             their
             Admiraly
             Courts
             in
             sea
             businesses
             .
          
           
             I
             must
             therefore
             in
             the
             next
             place
             shew
             that
             he
             which
             understandeth
             only
             the
             Rhodian
             Laws
             ,
             the
             Laws
             of
             Oleron
             ,
             and
             the
             Inquisitions
             and
             Statutes
             before
             mentioned
             (
             which
             the
             Civilian
             must
             needs
             most
             perfectly
             do
             ,
             the
             first
             being
             a
             great
             part
             thereof
             inserted
             in
             the
             very
             body
             of
             the
             Civil
             Law
             ,
             and
             the
             other
             from
             thence
             derived
             )
             cannot
             without
             much
             reading
             and
             knowledge
             in
             other
             parts
             of
             that
             Law
             ,
             be
             sufficiently
             able
             to
             manage
             the
             pleadings
             and
             arguing
             of
             all
             Maritime
             causes
             arising
             in
             Admiralty
             Courts
             between
             party
             and
             party
             ,
             and
             between
             the
             supreme
             Authority
             ,
             and
             those
             that
             are
             employed
             by
             that
             authority
             ,
             and
             such
             as
             are
             in
             subjection
             to
             the
             same
             ,
             much
             less
             to
             judge
             and
             determine
             such
             causes
             therein
             according
             to
             law
             and
             justice
             .
          
           
             For
             Justice
             which
             ruleth
             and
             swayeth
             the
             secular
             Regimen
             or
             Government
             of
             all
             or
             most
             Kingdomes
             and
             Common-wealths
             of
             Christendome
             ,
             whereby
             men
             are
             made
             happy
             in
             possessing
             and
             enjoying
             their
             own
             ,
             and
             defending
             themselves
             against
             wrongs
             and
             injuries
             offered
             by
             others
             ,
             hath
             two
             wings
             ,
             
               duas
               volatiles
               habet
               alas
            
             ,
             she
             hath
             two
             wings
             wherewith
             she
             soars
             aloft
             ,
             and
             stretcheth
             her self
             unto
             ,
             and
             spreadeth
             her self
             over
             both
             sea
             and
             land
             ,
             she
             hath
             two
             Jurisdictions
             ,
             the
             one
             fitted
             with
             Laws
             most
             apt
             and
             proper
             for
             distributing
             of
             right
             in
             all
             land
             businesses
             ,
             the
             other
             
             furnished
             with
             Laws
             most
             meet
             and
             convenient
             for
             the
             dispensing
             of
             equity
             in
             all
             maritime
             and
             sea
             affairs
             ;
             and
             yet
             how
             different
             and
             distinct
             soever
             these
             two
             Jurisdictions
             are
             each
             from
             other
             (
             as
             I
             have
             set
             forth
             more
             at
             large
             in
             the
             a
             first
             chapter
             of
             this
             second
             Book
             )
             yet
             do
             both
             these
             wings
             of
             justice
             in
             all
             forreign
             Nations
             spring
             and
             proceed
             from
             one
             and
             the
             same
             body
             of
             the
             Civil
             Law
             ,
             and
             are
             from
             thence
             furnished
             and
             fitted
             with
             different
             and
             distinct
             Laws
             ,
             whereby
             they
             keep
             up
             ,
             and
             carry
             justice
             upright
             between
             them
             both
             ;
             and
             by
             the
             one
             extendeth
             her
             directions
             unto
             the
             business
             of
             the
             land
             ,
             and
             by
             the
             other
             reacheth
             forth
             her
             proceed
             and
             effects
             unto
             the
             affairs
             of
             the
             sea
             .
          
           
             Which
             two
             wings
             ,
             if
             taken
             off
             ,
             Justice
             must
             needs
             fall
             flat
             to
             the
             ground
             ,
             and
             can
             by
             no
             other
             means
             so
             expand
             her self
             ,
             as
             to
             extend
             either
             her
             directions
             unto
             the
             one
             ,
             or
             reach
             forth
             such
             her
             effects
             unto
             the
             other
             ;
             
               Secundis
               alitibus
               procedere
               nequit
            
             ,
             she
             cannot
             go
             on
             prosperously
             or
             happily
             to
             execute
             or
             performe
             her
             own
             proper
             office
             ,
             either
             upon
             the
             one
             ,
             or
             upon
             the
             other
             .
          
           
             Nay
             ,
             if
             either
             of
             these
             two
             wings
             should
             be
             taken
             off
             ,
             or
             but
             joynted
             ,
             implumed
             ,
             or
             bereaved
             of
             those
             feathers
             nature
             at
             first
             gave
             it
             ,
             though
             the
             other
             should
             be
             preserved
             ,
             and
             kept
             never
             so
             compleat
             and
             perfect
             ,
             yet
             could
             Justice
             by
             the
             perfection
             of
             that
             one
             wing
             ,
             but
             hover
             and
             heave
             her self
             upwards
             on
             one
             side
             ,
             whilst
             the
             defect
             in
             the
             other
             would
             pull
             her
             downwards
             ;
             and
             the
             one
             side
             falling
             to
             the
             ground
             ,
             the
             other
             must
             necessarily
             follow
             .
          
           
             If
             the
             power
             and
             privileges
             of
             either
             of
             these
             Jurisdictions
             should
             be
             decayed
             ,
             or
             but
             impaired
             ,
             though
             the
             other
             should
             be
             left
             never
             so
             entire
             ,
             yet
             could
             not
             the
             effects
             of
             Justice
             in
             the
             one
             supply
             the
             defects
             in
             the
             other
             :
             For
             the
             Laws
             of
             the
             Land
             are
             no
             more
             fit
             to
             regulate
             the
             Affairs
             of
             the
             Sea
             ,
             nor
             the
             Laws
             of
             the
             Sea
             any
             more
             apt
             to
             rule
             the
             business
             of
             the
             Land
             ,
             then
             a
             horse
             is
             fit
             for
             a
             sea
             Voyage
             ,
             or
             a
             ship
             for
             a
             land
             Journey
             .
          
           
             And
             then
             cannot
             Justice
             be
             said
             to
             be
             her self
             ,
             whilest
             she
             shall
             do
             right
             in
             one
             thing
             ,
             and
             wrong
             in
             another
             ;
             or
             whilest
             she
             should
             render
             that
             which
             is
             just
             in
             one
             matter
             ,
             when
             it
             is
             required
             ,
             and
             can
             afford
             no
             help
             at
             all
             in
             another
             when
             it
             is
             expected
             .
             Justice
             saith
             
               Cicero
               ,
               est
               habitus
               animi
               (
               communi
               utilitate
               servatâ
               )
               suum
               cuique
               tribuens
            
             ;
             Justice
             doth
             every
             man
             right
             ,
             still
             preserving
             the
             common
             good
             .
          
           
             I
             will
             not
             here
             say
             how
             slowly
             Justice
             hath
             oftentimes
             put
             right
             forwards
             ,
             and
             as
             it
             were
             but
             soared
             in
             a
             circle
             ,
             by
             one
             wings
             striving
             to
             out-fly
             the
             other
             .
          
           
           
             But
             here
             I
             will
             say
             ,
             that
             he
             that
             will
             make
             most
             haste
             to
             his
             journeys
             end
             ,
             and
             setteth
             his
             best
             leg
             forward
             ,
             if
             that
             leg
             shall
             not
             cease
             to
             kick
             the
             other
             for
             making
             no
             more
             haste
             ,
             or
             shall
             by
             that
             or
             such
             other
             means
             lame
             it
             ,
             because
             it self
             would
             get
             both
             the
             credit
             and
             profit
             of
             the
             journey
             ,
             that
             leg
             must
             necessarily
             but
             hop
             instead
             of
             running
             ,
             or
             walking
             ,
             and
             cannot
             come
             so
             soon
             to
             its
             journey's
             end
             ,
             if
             ever
             it
             come
             there
             .
          
           
             And
             one
             leg
             being
             lamed
             ,
             if
             the
             crutch
             that
             should
             supply
             it
             ,
             be
             applyed
             unto
             the
             other
             that
             is
             not
             lame
             ,
             the
             body
             will
             walk
             no
             whit
             the
             better
             ;
             and
             if
             one
             Wing
             be
             pluckt
             ,
             and
             those
             Feathers
             imped
             into
             ,
             or
             added
             unto
             the
             other
             ,
             the
             Bird
             will
             fly
             no
             whit
             the
             faster
             .
          
           
             If
             one
             of
             these
             two
             Jurisdictions
             (
             the
             two
             Wings
             which
             Justice
             hath
             to
             support
             her self
             )
             should
             be
             bereaved
             of
             its
             power
             and
             proper
             priviledges
             ,
             though
             the
             same
             should
             be
             taken
             and
             assumed
             unto
             the
             other
             which
             enjoyeth
             all
             its
             own
             before
             ,
             Justice
             could
             proceed
             no
             whit
             more
             duly
             ,
             but
             much
             more
             prejudiciously
             to
             some
             or
             other
             .
             For
             as
             I
             said
             before
             ,
             the
             Laws
             of
             the
             Sea
             are
             so
             different
             from
             the
             Laws
             of
             the
             Land
             ,
             that
             they
             will
             not
             serve
             to
             each
             others
             purpose
             .
          
           
             And
             indeed
             they
             must
             necessarily
             so
             be
             ;
             for
             the
             traffique
             and
             commerce
             in
             Maritime
             affairs
             by
             transportation
             at
             Sea
             ,
             is
             in
             its
             own
             nature
             as
             different
             from
             the
             trade
             of
             bargaining
             and
             chaffering
             in
             Land
             businesses
             as
             is
             the
             fluid
             element
             of
             water
             from
             the
             solid
             element
             of
             earth
             :
             For
             as
             the
             water
             doth
             admit
             of
             some
             mixture
             of
             the
             earth
             ,
             and
             yet
             still
             remaineth
             water
             ;
             and
             the
             earth
             doth
             admit
             of
             some
             mixture
             of
             water
             ,
             and
             yet
             remaineth
             earth
             ,
             though
             not
             in
             their
             absolute
             purity
             ,
             yet
             in
             such
             sort
             ,
             as
             that
             the
             one
             may
             properly
             enough
             be
             termed
             water
             ,
             and
             the
             other
             earth
             .
          
           
             In
             like
             manner
             doth
             the
             trafficking
             ,
             and
             commerce
             in
             Merchandizing
             affairs
             ,
             admit
             in
             some
             sort
             of
             the
             like
             covenanting
             and
             contracting
             as
             the
             land
             Trade
             and
             bargaining
             doth
             ;
             but
             yet
             remaineth
             a
             seafaring
             Traffick
             ,
             and
             Commerce
             ,
             and
             the
             land-Trade
             and
             bargaining
             doth
             likewise
             in
             some
             sort
             admit
             of
             the
             like
             bartering
             and
             exchanging
             of
             Goods
             and
             commodities
             ,
             as
             the
             Traffiick
             and
             Commerce
             in
             Merchandizing
             affairs
             doth
             ,
             but
             yet
             remaineth
             a
             land
             bargain
             .
          
           
             In
             the
             same
             manner
             do
             the
             Laws
             ,
             which
             regulate
             the
             one
             ,
             and
             the
             Laws
             which
             rule
             and
             dispose
             the
             other
             ,
             admit
             of
             some
             mixture
             each
             with
             other
             ,
             both
             in
             respect
             of
             their
             manner
             of
             proceedings
             to
             judgement
             ,
             and
             sometimes
             in
             regard
             of
             their
             
             concurrency
             in
             the
             Judgement
             it self
             ,
             where
             the
             nature
             of
             the
             causes
             differs
             not
             ;
             and
             yet
             the
             one
             remaineth
             the
             maritime
             Law
             ,
             or
             Law
             of
             the
             Sea
             ,
             and
             the
             other
             the
             Law
             of
             the
             Land.
             
          
           
             Now
             if
             of
             these
             two
             different
             Elements
             of
             Water
             and
             Earth
             ,
             (
             whereunto
             I
             have
             resembled
             the
             difference
             between
             the
             Traffick
             and
             Commerce
             in
             Merchandizing
             affairs
             by
             Sea
             ,
             and
             the
             Laws
             thereunto
             belonging
             ,
             and
             the
             land
             Trade
             and
             Laws
             which
             concern
             the
             same
             )
             there
             should
             be
             such
             an
             equal
             mixture
             ,
             that
             the
             same
             could
             neither
             be
             said
             to
             be
             water
             nor
             earth
             ,
             but
             a
             mixt
             Body
             equally
             composed
             of
             both
             ,
             then
             would
             the
             same
             be
             fit
             for
             neither
             man
             nor
             beast
             to
             walk
             or
             tread
             on
             ,
             nor
             Ship
             or
             other
             Vessel
             to
             float
             or
             sayl
             on
             .
             In
             like
             manner
             if
             these
             Laws
             purposely
             composed
             for
             the
             decision
             of
             Maritime
             controversies
             ,
             and
             the
             Laws
             established
             for
             determination
             of
             land
             differences
             should
             be
             promiscuously
             applyed
             to
             the
             decision
             ,
             or
             used
             for
             the
             determination
             of
             both
             ,
             and
             by
             that
             means
             such
             a
             mixture
             thereof
             made
             ,
             that
             the
             same
             could
             neither
             be
             termed
             the
             Laws
             of
             the
             Sea
             ,
             nor
             the
             Laws
             of
             the
             Land
             ,
             then
             would
             the
             same
             neither
             serve
             for
             the
             Government
             of
             the
             one
             ,
             nor
             the
             other
             .
             For
             although
             the
             seafaring
             Commerce
             and
             land-trade
             have
             some
             resemblance
             (
             as
             I
             have
             said
             )
             in
             respect
             of
             the
             like
             contracting
             and
             bartering
             ;
             yet
             are
             the
             Goods
             and
             Wares
             so
             bartered
             and
             contracted
             for
             ,
             by
             way
             of
             Merchandizing
             of
             various
             sorts
             ,
             and
             the
             lading
             and
             stowing
             of
             them
             in
             Ships
             done
             ,
             or
             to
             be
             done
             ,
             after
             many
             various
             manners
             and
             wayes
             according
             to
             the
             nature
             of
             them
             ,
             and
             many
             differences
             there
             are
             in
             the
             manner
             of
             the
             Master
             of
             the
             Ship
             ,
             or
             Skippers
             acceptance
             of
             them
             ,
             according
             to
             the
             condition
             and
             quality
             of
             the
             Goods
             so
             received
             and
             acknowledged
             by
             his
             Bills
             of
             lading
             ,
             and
             severall
             are
             the
             consignments
             made
             of
             them
             ,
             the
             same
             being
             sometimes
             laden
             by
             Factours
             ,
             and
             consigned
             to
             their
             principals
             for
             their
             own
             proper
             use
             and
             accompt
             :
             sometimes
             for
             the
             accompt
             of
             their
             correspondents
             ,
             &c.
             
          
           
             And
             likewise
             much
             variety
             and
             difference
             is
             there
             ,
             in
             hyring
             and
             taking
             of
             Ships
             ,
             and
             Vessels
             to
             freight
             for
             the
             transportation
             of
             such
             Goods
             ,
             Wares
             and
             Merchandizes
             ;
             the
             Merchants
             having
             sometimes
             Ships
             and
             Vessels
             of
             their
             own
             ,
             which
             they
             sometimes
             freight
             wholly
             themselves
             ,
             sometimes
             joyntly
             with
             others
             :
             Sometimes
             the
             Merchant
             hyreth
             or
             taketh
             a
             ship
             ,
             or
             Vessel
             to
             freight
             ,
             which
             hath
             sometimes
             but
             one
             ,
             sometimes
             many
             owners
             :
             Sometimes
             he
             taketh
             her
             to
             freight
             of
             the
             owner
             ,
             sometimes
             of
             the
             Master
             appointed
             over
             her
             by
             the
             owners
             :
             Sometimes
             he
             hyreth
             her
             by
             the
             Moneth
             ,
             sometimes
             for
             a
             whole
             voyage
             ;
             
             which
             voyage
             is
             sometimes
             from
             one
             Port
             unto
             another
             ,
             from
             that
             to
             a
             second
             ,
             and
             so
             to
             a
             third
             ,
             &c.
             
             And
             sometimes
             the
             Ship
             maketh
             no
             Port
             ,
             but
             is
             lost
             ,
             or
             perished
             ,
             sometimes
             in
             the
             high
             Sea
             ,
             sometimes
             in
             the
             Port
             or
             Haven
             out
             of
             which
             she
             is
             to
             set
             sail
             ,
             sometime
             in
             the
             Port
             or
             Haven
             of
             her
             discharge
             :
             Sometimes
             She
             maketh
             one
             Port
             ,
             sometimes
             two
             ,
             sometimes
             more
             ,
             and
             yet
             is
             cast
             away
             before
             she
             come
             to
             her
             last
             Port
             of
             discharge
             ;
             sometimes
             in
             the
             same
             .
          
           
             Sometimes
             such
             Goods
             and
             Merchandizes
             are
             damnified
             through
             the
             wastfulness
             of
             the
             Master
             ,
             sometimes
             of
             the
             Mariners
             ,
             sometimes
             through
             their
             carelesness
             in
             stowage
             of
             them
             ,
             sometimes
             by
             reason
             of
             ill
             packing
             or
             making
             them
             up
             ,
             or
             putting
             such
             as
             are
             liquid
             in
             ill
             or
             leakie
             Casks
             ,
             &c.
             
          
           
             Sometimes
             they
             are
             damnified
             by
             storm
             or
             tempest
             ,
             or
             stress
             of
             weather
             ,
             which
             is
             sometimes
             such
             ,
             as
             that
             the
             Master
             is
             constrained
             to
             cast
             over
             board
             divers
             of
             the
             Goods
             for
             preservation
             of
             the
             rest
             ,
             and
             saving
             both
             ship
             and
             men's
             lives
             ,
             and
             sometimes
             he
             is
             constrained
             to
             cut
             down
             the
             masts
             of
             his
             Ship
             ,
             as
             hath
             been
             b
             said
             before
             ,
             in
             this
             Second
             Book
             .
             Sometimes
             they
             are
             damnified
             in
             the
             lading
             of
             them
             ,
             sometimes
             in
             the
             unlading
             of
             them
             ,
             sometimes
             in
             the
             Ship
             ,
             sometimes
             in
             the
             Lighter
             ,
             &c.
             
             Sometimes
             they
             are
             damnified
             by
             one
             Ship
             or
             Vessel
             falling
             fowl
             on
             another
             ,
             and
             that
             sometimes
             by
             the
             negligence
             or
             carelesness
             of
             the
             Master
             or
             Mariners
             of
             either
             of
             them
             ,
             sometimes
             of
             both
             ;
             sometimes
             of
             neither
             ,
             but
             through
             the
             extreamity
             of
             the
             weather
             ,
             or
             through
             the
             darkness
             of
             the
             season
             ,
             happening
             either
             by
             mist
             ,
             or
             night
             ,
             &c.
             which
             could
             not
             be
             helped
             or
             prevented
             by
             either
             the
             care
             or
             diligence
             of
             the
             Masters
             ,
             or
             their
             Mariners
             :
             Sometimes
             the
             Ship
             by
             such
             means
             is
             damnnified
             onely
             ,
             and
             not
             the
             Goods
             :
             Sometimes
             the
             Goods
             ,
             and
             not
             the
             Ship
             :
             Sometimes
             both
             Ship
             and
             Goods
             :
             Sometimes
             the
             like
             falleth
             out
             for
             want
             of
             a
             Pylot
             :
             Sometimes
             through
             the
             ignorance
             and
             unskilfulness
             of
             such
             Pylot
             ,
             &c.
             
          
           
             I
             might
             here
             instance
             in
             very
             many
             more
             particulars
             ,
             wherein
             this
             Commerce
             which
             consisteth
             in
             shipping
             and
             merchandizing
             voyages
             and
             affairs
             doth
             differ
             from
             other
             trades
             used
             and
             occupied
             in
             land
             business
             ,
             those
             being
             farre
             more
             perillous
             and
             dangerous
             then
             these
             ,
             and
             being
             likewise
             far
             more
             subject
             to
             depredations
             ,
             Pyratical
             robberies
             and
             spoils
             then
             these
             .
          
           
             All
             which
             differences
             must
             needs
             introduce
             a
             Law
             ,
             for
             the
             regulating
             the
             various
             and
             divers
             controversies
             that
             must
             needs
             arise
             by
             reason
             thereof
             ,
             farre
             different
             and
             distinct
             from
             that
             
             Law
             ,
             which
             ruleth
             and
             guideth
             the
             determinations
             of
             such
             controversies
             and
             debates
             which
             happen
             in
             land
             businesses
             ,
             not
             subject
             to
             such
             or
             the
             like
             casualties
             ,
             dangers
             and
             damages
             ,
             arising
             from
             so
             divers
             ,
             various
             and
             different
             causes
             ,
             all
             which
             do
             a●ter
             the
             very
             Judgements
             and
             determinations
             according
             to
             their
             different
             qualities
             ,
             respects
             and
             conditions
             ,
             which
             Law
             (
             as
             I
             have
             said
             before
             )
             for
             the
             community
             of
             Traffick
             and
             Commerce
             ,
             and
             holding
             correspondency
             therein
             ,
             and
             obtaining
             the
             same
             Justice
             by
             each
             Nation
             from
             other
             ,
             must
             continue
             certain
             and
             unalterable
             ,
             when
             as
             the
             other
             may
             suffer
             alterations
             ,
             additions
             or
             diminutions
             .
          
           
             It
             remaineth
             therefore
             here
             to
             shew
             ,
             that
             besides
             the
             Laws
             of
             Oleron
             ,
             &c.
             and
             the
             Title
             
               ad
               legem
               Rhodiam
               de
               jactu
            
             before
             mentioned
             ,
             which
             is
             inserted
             in
             the
             Body
             of
             the
             Civil
             Law
             ,
             that
             there
             are
             several
             other
             Titles
             and
             Laws
             incorporated
             in
             the
             same
             Body
             proper
             and
             peculiar
             for
             the
             Decision
             and
             Determination
             of
             Maritime
             controversies
             ,
             which
             are
             not
             at
             all
             excercised
             or
             used
             in
             the
             Decision
             of
             the
             differences
             in
             land
             businesses
             ,
             nor
             any
             ways
             proper
             for
             them
             ,
             although
             many
             of
             the
             other
             Titles
             and
             Laws
             which
             are
             for
             land
             businesses
             are
             made
             use
             of
             in
             the
             proceedings
             ,
             and
             sometimes
             in
             the
             determinations
             of
             Maritime
             causes
             ,
             and
             that
             neither
             those
             general
             Laws
             which
             serve
             for
             both
             ,
             nor
             these
             particular
             Laws
             which
             serve
             for
             marine
             causes
             onely
             ,
             are
             either
             abolished
             ,
             taken
             from
             ,
             or
             disused
             in
             the
             Admiralty
             Courts
             in
             foraign
             parts
             ,
             but
             that
             the
             same
             are
             of
             most
             especial
             use
             in
             the
             same
             .
          
           
             For
             proof
             hereof
             ,
             I
             might
             cite
             the
             Disputations
             ,
             Decisions
             ,
             Determinations
             and
             Judgements
             of
             divers
             ,
             and
             very
             many
             ,
             if
             not
             of
             all
             and
             all
             manner
             of
             causes
             ,
             set
             forth
             in
             several
             Authors
             ,
             of
             several
             Nations
             ,
             in
             several
             ages
             and
             times
             ,
             even
             to
             this
             present
             age
             ,
             which
             are
             all
             grounded
             upon
             the
             same
             Laws
             ,
             and
             do
             cite
             and
             quote
             the
             same
             for
             their
             their
             foundation
             ,
             and
             proof
             of
             what
             they
             conclude
             and
             determine
             ,
             as
             I
             have
             said
             before
             .
             But
             no
             man
             can
             conceive
             that
             this
             Collection
             of
             so
             many
             Causes
             out
             of
             so
             many
             several
             Volumns
             ,
             could
             be
             contained
             in
             one
             so
             small
             as
             I
             intended
             this
             .
             And
             some
             (
             and
             those
             not
             a
             few
             )
             would
             think
             it
             a
             vain
             and
             needless
             work
             to
             jumble
             so
             many
             Authors
             together
             ,
             to
             no
             other
             purpose
             then
             to
             confute
             so
             plain
             an
             errour
             ,
             as
             no
             man
             that
             hath
             been
             at
             all
             verst
             in
             the
             proceedings
             of
             foraign
             judicatures
             ,
             can
             be
             induced
             to
             believe
             .
          
           
             I
             shall
             therefore
             instance
             only
             in
             some
             few
             particular
             Writers
             of
             these
             latter
             times
             ,
             of
             most
             common
             use
             ,
             and
             most
             generally
             
             known
             .
             I
             shall
             step
             no
             further
             back
             then
             unto
             Peckius
             ,
             sometime
             Principal
             of
             the
             Juridical
             Order
             in
             the
             University
             of
             Lovain
             in
             France
             ,
             who
             collected
             and
             gathered
             together
             several
             titles
             ,
             by
             him
             pickt
             out
             of
             the
             body
             of
             the
             Civil
             Law
             ,
             which
             principally
             belonged
             unto
             Maritime
             affairs
             ,
             and
             wrote
             a
             Comment
             upon
             the
             same
             ,
             which
             was
             there
             printed
             in
             the
             year
             of
             our
             Lord
             God
             1556
             ,
             above
             a
             hundred
             years
             since
             ,
             for
             the
             use
             of
             such
             as
             were
             employed
             in
             the
             Judicature
             or
             practice
             in
             the
             Law
             in
             Admiralty
             Courts
             concerning
             Marine
             businesses
             ;
             in
             which
             Commentary
             he
             doth
             not
             only
             cite
             divers
             other
             Civil
             Law
             Authors
             ,
             but
             likewise
             enforceth
             ,
             extendeth
             and
             limiteth
             the
             understanding
             and
             construction
             that
             is
             to
             be
             made
             of
             the
             several
             Laws
             ,
             comp●ehended
             under
             those
             several
             titles
             ,
             by
             other
             particular
             Laws
             set
             forth
             under
             several
             other
             titles
             ,
             within
             the
             very
             body
             of
             the
             Civil
             Law
             ,
             as
             necessarily
             he
             must
             do
             ,
             having
             not
             taken
             in
             all
             those
             titles
             which
             concern
             the
             business
             ,
             as
             himself
             confesseth
             in
             the
             very
             title
             of
             his
             Book
             ,
             which
             he
             saith
             is
             
               Commentaria
               in
               omnes
               penè
               Juris
               Civilis
               titulos
               ad
               rem
               nauticam
               pertinentes
            
             ;
             a
             Commentary
             upon
             almost
             all
             the
             Titles
             of
             the
             Civil
             Law
             ,
             which
             concern
             Maritime
             Affairs
             .
             But
             indeed
             they
             are
             not
             near
             all
             ,
             if
             we
             consider
             the
             divers
             particular
             Lawes
             which
             concern
             the
             same
             ,
             and
             are
             intermixt
             with
             other
             Laws
             under
             other
             titles
             ,
             and
             some
             titles
             he
             meddleth
             not
             with
             ,
             which
             wholly
             concern
             such
             matters
             ,
             and
             nothing
             else
             ;
             nor
             doth
             he
             at
             all
             treat
             upon
             any
             other
             Laws
             which
             concern
             such
             affairs
             ,
             and
             are
             made
             use
             of
             in
             all
             Admiralty
             Courts
             together
             with
             the
             Civil
             Law.
             
          
           
             Wherefore
             Vinius
             a
             learned
             Civilian
             of
             the
             Low
             Countries
             made
             an
             additional
             Commentary
             upon
             the
             same
             titles
             of
             the
             Civil
             Law
             ,
             and
             upon
             the
             Commentary
             of
             the
             said
             Peckius
             ,
             and
             set
             forth
             the
             same
             ,
             which
             was
             printed
             at
             Leyden
             in
             Holland
             ,
             in
             the
             year
             of
             our
             Lord
             God
             ,
             one
             thousand
             six
             hundred
             forty
             seven
             ,
             wherein
             he
             undertaketh
             ,
             not
             only
             to
             explicate
             and
             unfold
             those
             titles
             of
             the
             Civil
             Law
             which
             principally
             concern
             Maritime
             affairs
             ,
             as
             Peckius
             had
             done
             before
             ,
             but
             also
             to
             adjoyn
             thereunto
             the
             Laws
             of
             Wisbaith
             ,
             the
             Laws
             of
             Oleron
             ,
             the
             Laws
             set
             forth
             in
             the
             Book
             
               de
               Consulatu
               maris
            
             ;
             and
             likewise
             the
             Maritime
             Law
             of
             the
             
               Rhodes
               ,
               Jus
               navale
            
             Rhodiorum
             
               quod
               ad
               finem
               tomi
               secundi
               Juris
            
             Graeco
             Romano
             
               relatum
               est
               a
            
             Marquardo
             Trahero
             ,
             V.
             CL.
             as
             he
             himself
             saith
             ,
             that
             his
             said
             Work
             might
             be
             usefull
             to
             all
             Nations
             in
             their
             Judgments
             and
             Determinations
             in
             all
             manner
             of
             Controversies
             ,
             and
             therefore
             saith
             thus
             ;
             
               Cum
               in
               animo
               haberem
               locos
               juris
               nostri
               ,
               qui
               ad
               rem
               nauticam
               pertinent
               ,
               non
               explicare
               tantùm
               ,
               verum
               etiam
               
               cum
               generis
               ejusdem
               institutis
               &
               moribus
               aliorum
               populorum
               conferre
               ,
               atque
               ad
               usum
               quendam
               accommodare
               communem
               ,
               &c.
               
            
          
           
             Now
             although
             that
             for
             the
             due
             administration
             of
             Justice
             in
             an
             Admiralty
             Court
             ,
             the
             learning
             in
             ,
             and
             knowledge
             of
             the
             Laws
             in
             these
             last
             mentioned
             Books
             be
             very
             requisite
             ,
             that
             the
             same
             justice
             which
             one
             Nation
             affordeth
             to
             another
             ,
             may
             be
             by
             that
             other
             rendred
             unto
             that
             Nation
             again
             ,
             and
             it
             obtain
             the
             same
             ;
             yet
             is
             the
             learning
             and
             knowledge
             of
             the
             Civil
             Law
             ,
             which
             guideth
             and
             directeth
             both
             the
             Proceedings
             and
             Judgments
             in
             all
             Admiralties
             of
             Europe
             ,
             as
             necessary
             ,
             and
             farre
             more
             requisite
             for
             him
             that
             will
             justifie
             to
             any
             other
             Nation
             ,
             or
             learned
             Civilian
             his
             due
             and
             legal
             proceedings
             ,
             and
             justify
             his
             Judgments
             and
             Determinations
             in
             Maritime
             causes
             ,
             though
             according
             to
             the
             Laws
             before
             mentioned
             .
             For
             Vinius
             himself
             in
             his
             Epistle
             Dedicatory
             to
             the
             Consuls
             of
             Amsterdam
             to
             his
             said
             Work
             praefixed
             ,
             (
             who
             I
             doubt
             not
             but
             (
             in
             regard
             that
             (
             which
             he
             then
             said
             in
             the
             behalf
             of
             the
             Civil
             Law
             )
             he
             said
             not
             to
             any
             that
             I
             now
             write
             )
             will
             be
             believed
             before
             me
             ,
             that
             may
             be
             thought
             to
             speak
             for
             my
             profession
             in
             mine
             own
             Country
             )
             affirmeth
             that
             Peckius
             in
             his
             work
             intended
             to
             keep
             himself
             within
             the
             rules
             of
             the
             Civil
             or
             Roman
             Law
             ;
             yet
             he
             did
             by
             that
             work
             shew
             that
             he
             wanted
             not
             the
             perfection
             of
             Learning
             ,
             or
             solid
             and
             sound
             knowledge
             of
             Law
             ,
             and
             many
             other
             things
             .
             
               Ac
               for●asse
            
             Peckius
             
               intra
               limites
               Juris
               Romani
               se
               continere
               voluit
               ;
               utcunque
               sit
               ,
               ostendit
               sane
               hoc
               in
               opere
            
             Peckius
             
               sibi
               non
               defuisse
               justam
               eruditionem
               ;
               solidamque
               juris
               &
               multarum
               rerum
               scientiam
               .
            
             And
             this
             I
             will
             further
             add
             ,
             that
             he
             that
             in
             the
             Civil
             Law
             only
             (
             and
             without
             the
             learning
             and
             knowledge
             which
             other
             Authors
             afford
             )
             hath
             
               justam
               eruditionem
            
             ,
             a
             iust
             ,
             perfect
             ,
             or
             grounded
             learning
             ,
             or
             skill
             ;
             and
             thereby
             this
             
               solidam
               juris
               &
               multarum
               rerum
               scientiam
               ,
            
             this
             solid
             and
             sound
             knowledge
             of
             the
             Law
             ,
             and
             multiplicity
             of
             business
             ,
             or
             matters
             ,
             for
             which
             the
             same
             was
             composed
             and
             continued
             ,
             may
             be
             fit
             to
             judge
             and
             determine
             of
             these
             Maritime
             matters
             and
             controversies
             which
             happen
             concerning
             the
             same
             ,
             when
             as
             he
             which
             hath
             the
             learning
             and
             knowledge
             of
             these
             other
             Authors
             only
             ,
             and
             hath
             no
             perfection
             in
             the
             learning
             and
             knowledge
             of
             the
             Civil
             Law
             ,
             shall
             be
             very
             defective
             in
             the
             proceedings
             to
             the
             due
             or
             just
             judgment
             therein
             :
             But
             herein
             I
             shall
             plainly
             agree
             with
             this
             my
             learned
             Author
             Vinius
             ,
             that
             these
             Authors
             are
             of
             very
             good
             use
             ,
             &
             may
             conduce
             much
             to
             the
             perfection
             of
             him
             that
             is
             either
             to
             judge
             or
             determine
             of
             such
             Controversies
             ,
             or
             shall
             be
             practicant
             in
             the
             same
             ;
             and
             likewise
             in
             that
             he
             further
             addeth
             in
             the
             same
             place
             ,
             viz.
             that
             notwithstanding
             the
             
             most
             perfect
             knowledge
             and
             learning
             in
             the
             Civil
             Laws
             ,
             and
             these
             other
             Maritime
             Laws
             ,
             it
             is
             sometimes
             ,
             and
             in
             some
             things
             requisite
             to
             make
             use
             of
             ,
             and
             consult
             with
             such
             Merchants
             and
             Mariners
             ,
             as
             are
             expert
             and
             skilfull
             in
             Navagation
             and
             Commerce
             .
             
               Equidem
               inficior
               in
               negotiis
               nauticis
               nonnunquam
               confugiendum
               esse
               ad
               expertes
               ,
               sive
               nautas
               ,
               sive
               Mercatores
               ,
               aliosve
               hujusmodi
               peritos
               .
            
             Yet
             this
             is
             by
             no
             means
             used
             ,
             or
             ought
             to
             be
             done
             ,
             but
             where
             some
             such
             thing
             falleth
             out
             ,
             whereof
             there
             is
             nothing
             certain
             set
             down
             in
             the
             written
             Law
             ,
             or
             introduced
             by
             Custome
             ,
             so
             that
             I
             with
             my
             same
             Author
             affirme
             the
             same
             with
             that
             learned
             Civilian
             
               Benveautus
               Straccha
            
             ,
             in
             these
             words
             ;
             
               Caeterum
               nego
               id
               fieri
               solere
               aut
               debere
               ,
               nisi
               (
               ut
               rectè
               monet
               prudentissimus
            
             Straccha
             )
             
               tale
               quid
               occurrat
               ,
               de
               quo
               nihil
               certi
               aut
               scripto
               jure
               cautum
               ,
               aut
               con●uetud●ne
               introductum
               est
               .
            
          
           
             Now
             seeing
             that
             these
             Marine
             controversies
             and
             differences
             are
             to
             be
             adjudged
             and
             determined
             by
             these
             Civil
             and
             Maritime
             Laws
             ,
             certainly
             then
             are
             none
             so
             fit
             to
             heare
             and
             decide
             the
             same
             ,
             as
             those
             that
             are
             well
             verst
             and
             skilled
             in
             these
             Laws
             ,
             which
             necessarily
             must
             be
             such
             as
             spend
             their
             whole
             time
             ,
             pains
             ,
             and
             labour
             in
             the
             study
             thereof
             ,
             and
             by
             that
             means
             do
             better
             understand
             the
             diversity
             of
             such
             Laws
             ,
             and
             gather
             more
             knowledge
             therein
             then
             such
             as
             are
             daily
             imployed
             in
             Forreign
             affairs
             ,
             and
             continually
             busied
             in
             multitudes
             of
             negotiations
             ,
             which
             bring
             home
             a
             golden
             Harvest
             ,
             which
             will
             not
             be
             left
             ,
             or
             at
             any
             time
             set
             apart
             to
             give
             way
             for
             the
             study
             of
             those
             Laws
             which
             bring
             in
             no
             such
             profit
             .
             Such
             men
             will
             rather
             be
             found
             in
             their
             Sellars
             and
             Ware-houses
             amongst
             their
             rich
             and
             precious
             Commodities
             ,
             which
             are
             to
             be
             bartered
             and
             sold
             ,
             then
             in
             Studies
             amongst
             mustie
             Books
             ,
             that
             are
             to
             be
             kept
             and
             not
             parted
             with
             ;
             And
             will
             rather
             be
             seen
             upon
             an
             Exchange
             ,
             Mart
             ,
             or
             Meeting-place
             of
             Merchants
             ,
             then
             upon
             a
             Bench
             of
             Justice
             :
             And
             in
             this
             my
             said
             Author
             Vinius
             agreeth
             with
             me
             ,
             who
             saith
             ,
             
               Caetera
               enim
               scire
               possunt
               etiam
               qui
               vitam
               umbratilem
               colunt
               ,
               &
               hi
               si
               quid
               literis
               mandare
               volunt
               plura
               conquirere
               solent
               ,
               &
               curiosiùs
               cuncta
               rimari
               quam
               aut
               pragmatici
               qui
               rarò
               relictâ
               messe
               aureâ
               ,
               quàm
               assidua
               rerum
               forensium
               affert
               tractatio
               ,
               literarum
               monumentis
               unde
               nullus
               praeventus
               est
               ,
               student
               ,
               aut
               quilibet
               alii
               ,
               quos
               nimia
               &
               circumfusa
               obsidet
               &
               opprimit
               negotiorum
               multitudo
               .
            
          
           
             And
             now
             since
             I
             have
             thus
             farre
             deviated
             and
             digressed
             from
             the
             way
             that
             I
             was
             in
             ,
             give
             me
             leave
             here
             (
             in
             so
             necessary
             a
             course
             ,
             or
             rather
             discourse
             )
             to
             go
             a
             little
             further
             ,
             and
             afterwards
             get
             home
             again
             as
             well
             as
             I
             can
             .
             Let
             me
             shew
             of
             what
             necessary
             use
             the
             Civilian
             is
             in
             these
             Admiralty
             Courts
             ,
             which
             have
             the
             decision
             of
             Maritime
             Controversies
             ,
             and
             how
             unfit
             other
             men
             not
             verst
             
             or
             skilled
             in
             that
             Law
             are
             for
             the
             undertaking
             thereof
             .
          
           
             I
             know
             it
             will
             be
             objected
             unto
             me
             in
             the
             first
             place
             ,
             that
             some
             Admiralties
             in
             forraign
             parts
             are
             regulated
             and
             ruled
             by
             the
             Justice
             and
             Judicature
             of
             Merchants
             ,
             and
             other
             feafaring
             men
             well
             experienced
             in
             matters
             of
             that
             nature
             .
          
           
             I
             must
             confess
             I
             am
             no
             Traveller
             ,
             and
             that
             in
             regard
             have
             not
             been
             amongst
             these
             Mercatorian
             and
             Nauticall
             Judges
             ;
             but
             yet
             have
             I
             in
             my
             study
             travelled
             through
             the
             decisions
             and
             determinations
             of
             many
             forraign
             Judicatures
             ,
             and
             by
             that
             means
             (
             I
             believe
             )
             do
             know
             their
             Laws
             somewhat
             better
             then
             they
             which
             have
             travelled
             through
             those
             Countries
             ,
             but
             not
             through
             those
             Courts
             .
          
           
             And
             I
             do
             finde
             that
             where
             such
             Mercatorian
             and
             Nautical
             Judges
             are
             ,
             they
             are
             either
             Civilians
             themselves
             ,
             or
             at
             least
             ,
             farre
             better
             verst
             in
             the
             Civil
             Law
             then
             any
             of
             the
             Merchants
             or
             Mariners
             of
             our
             Nation
             do
             seem
             to
             be
             ;
             or
             else
             they
             are
             not
             only
             assisted
             ,
             but
             regulated
             and
             ruled
             by
             Civilians
             ,
             and
             moreover
             by
             certain
             Letters
             yet
             remaining
             in
             my
             Study
             ,
             which
             I
             have
             (
             in
             that
             short
             time
             that
             I
             have
             been
             verst
             in
             the
             high
             Court
             of
             Admiralty
             in
             England
             )
             received
             from
             such
             forraign
             Admiralty
             Courts
             ,
             and
             the
             Copies
             of
             Letters
             which
             were
             unto
             them
             returned
             in
             answer
             ,
             and
             their
             replyes
             thereunto
             ,
             I
             can
             shew
             ,
             that
             upon
             contest
             for
             the
             right
             of
             Jurisdiction
             in
             the
             cognizance
             of
             causes
             ,
             which
             have
             happened
             between
             Forraigners
             and
             English
             ,
             whether
             the
             Causes
             were
             to
             be
             decided
             by
             their
             Court
             or
             this
             ,
             that
             they
             have
             urged
             and
             quoted
             the
             Civil
             Law
             for
             the
             foundation
             of
             their
             Arguments
             ,
             for
             their
             right
             of
             Jurisdiction
             therein
             ,
             and
             have
             received
             satisfaction
             by
             answers
             framed
             out
             of
             the
             same
             Law
             unto
             their
             said
             Arguments
             .
          
           
             If
             I
             should
             here
             set
             forth
             those
             Letters
             and
             Copies
             ,
             it
             would
             thereby
             appear
             ,
             that
             the
             J●risdiction
             of
             the
             Admiralty
             Court
             of
             England
             hath
             been
             maintained
             and
             defended
             by
             Civilians
             in
             an
             other
             manner
             then
             the
             same
             would
             have
             been
             by
             such
             Mercatorian
             or
             Nautical
             Judges
             ,
             and
             that
             the
             Subject
             of
             this
             Nation
             thereby
             hath
             gained
             that
             Justice
             and
             Right
             at
             home
             ,
             which
             might
             otherwise
             perhaps
             have
             been
             hazarded
             abroad
             .
          
           
             But
             I
             intend
             not
             to
             stuffe
             or
             fill
             up
             this
             short
             Treatise
             (
             which
             I
             intended
             should
             have
             been
             farre
             shorter
             ,
             when
             I
             first
             took
             it
             in
             hand
             )
             with
             Packets
             of
             Letters
             received
             from
             several
             Forraign
             Judicatures
             ,
             and
             the
             answers
             thereunto
             returned
             ,
             which
             will
             hardly
             ,
             or
             not
             at
             all
             be
             understood
             by
             such
             as
             are
             not
             already
             convinced
             of
             that
             which
             they
             should
             be
             here
             set
             down
             to
             prove
             .
          
           
           
             Nor
             will
             I
             here
             set
             forth
             how
             farre
             those
             Mercatorian
             Courts
             (
             though
             assisted
             by
             Civilians
             through
             their
             over-powering
             of
             their
             said
             Assistants
             )
             have
             fallen
             short
             of
             those
             which
             have
             been
             and
             are
             wholly
             regulated
             and
             governed
             by
             Civilians
             ,
             as
             well
             in
             point
             of
             proceedings
             ,
             as
             in
             point
             of
             the
             distribution
             of
             Justice
             .
          
           
             But
             I
             will
             here
             take
             occasion
             to
             set
             forth
             some
             inconveniences
             not
             a
             little
             destructive
             only
             to
             Trade
             ,
             Traffique
             and
             Commerce
             ,
             and
             so
             to
             the
             Merchant
             himself
             ;
             but
             also
             to
             Shipping
             and
             Navigation
             it self
             ,
             which
             might
             ,
             and
             doubtless
             would
             happen
             ,
             if
             the
             dicision
             and
             determination
             of
             Maritime
             Causes
             should
             be
             left
             unto
             ,
             or
             settled
             upon
             Merchants
             and
             Owners
             of
             Ships
             to
             judge
             according
             to
             their
             own
             skill
             and
             observations
             ,
             without
             that
             
               Jus
               scriptum
            
             ,
             that
             written
             Law
             which
             passeth
             ,
             is
             allowed
             and
             practised
             in
             all
             Admiralties
             of
             Europe
             ,
             wherein
             they
             cannot
             be
             so
             well
             verst
             ,
             as
             those
             who
             have
             spent
             their
             whole
             time
             in
             that
             study
             of
             such
             matters
             as
             much
             conduce
             to
             the
             knowledge
             thereof
             .
          
           
             I
             shall
             but
             once
             again
             put
             you
             in
             mind
             of
             what
             hath
             been
             already
             said
             concerning
             the
             necessity
             of
             upholding
             one
             and
             the
             same
             Law
             in
             all
             Nations
             in
             Maritime
             Causes
             ,
             for
             one
             Nation
             's
             rendring
             of
             the
             same
             Justice
             to
             another
             that
             it
             doth
             from
             thence
             receive
             ,
             which
             is
             the
             chiefest
             thing
             that
             maintaineth
             the
             Community
             of
             Traffique
             and
             Commerce
             ,
             which
             cannot
             possibly
             be
             done
             ,
             if
             the
             same
             should
             be
             rendred
             ,
             by
             the
             various
             fancies
             of
             men
             ,
             in
             no
             wise
             guided
             by
             any
             certain
             forme
             or
             rule
             ,
             but
             by
             that
             thing
             (
             then
             which
             nothing
             can
             be
             more
             uncertain
             )
             which
             men
             call
             opinion
             ;
             
               tot
               capita
               ,
               tot
               sententiae
            
             .
          
           
             And
             then
             I
             will
             further
             say
             ,
             that
             for
             the
             reason
             before
             set
             down
             in
             this
             Chapter
             ,
             the
             Mariner
             who
             cometh
             in
             with
             one
             good
             wind
             ,
             and
             goeth
             out
             with
             another
             ,
             and
             must
             
               opportunè
               vela
               ventis
               applicare
            
             ,
             upon
             any
             controversie
             or
             difference
             arising
             upon
             or
             about
             the
             payment
             of
             his
             wages
             ,
             cannot
             have
             so
             sodain
             and
             quick
             dispatch
             or
             determination
             thereof
             by
             such
             Mercatorian
             or
             Nauticall
             Judges
             ,
             who
             have
             other
             affairs
             and
             businessss
             to
             attend
             ,
             as
             by
             those
             who
             make
             the
             decision
             and
             determination
             of
             Maritime
             Causes
             their
             whole
             work
             ,
             and
             attend
             wholly
             upon
             the
             same
             every
             day
             of
             the
             week
             ,
             both
             Terme
             and
             Vacation
             .
          
           
             Again
             ,
             it
             is
             considerable
             what
             justice
             the
             poor
             Mariner
             could
             expect
             ,
             or
             should
             be
             like
             to
             have
             ,
             if
             the
             determination
             and
             adjudication
             of
             their
             wages
             should
             be
             left
             unto
             Merchants
             and
             Owners
             of
             Ships
             (
             as
             some
             men
             would
             have
             it
             )
             out
             of
             whose
             freight
             the
             same
             ought
             to
             be
             paid
             ,
             and
             would
             be
             as
             it
             were
             parties
             
             in
             all
             Causes
             of
             that
             nature
             ;
             and
             if
             the
             Cause
             should
             not
             at
             one
             time
             be
             their
             own
             ,
             yet
             must
             it
             ,
             and
             would
             it
             assuredly
             be
             at
             another
             ;
             and
             so
             at
             all
             times
             would
             it
             be
             their
             own
             case
             ,
             though
             not
             their
             own
             cause
             :
             and
             very
             seldome
             would
             it
             be
             ,
             that
             it
             should
             not
             be
             their
             own
             cause
             ,
             there
             being
             so
             many
             Merchants
             that
             are
             Owners
             of
             Ships
             ,
             and
             so
             many
             Owners
             of
             every
             Ship
             of
             any
             burthen
             considerable
             ;
             and
             every
             Part-owner
             of
             one
             Ship
             for
             the
             most
             part
             ,
             Owner
             or
             Part-owner
             of
             more
             ,
             if
             not
             of
             very
             many
             ;
             so
             that
             for
             the
             most
             part
             ,
             some
             or
             other
             of
             the
             Judges
             themselves
             would
             be
             absolutely
             concerned
             in
             the
             matter
             of
             difference
             depending
             before
             them
             ,
             and
             the
             poor
             Mariner
             left
             to
             their
             good
             will
             and
             pleasure
             for
             his
             wages
             and
             recompence
             for
             his
             pains
             impended
             ,
             and
             his
             time
             spent
             in
             their
             service
             ,
             which
             would
             be
             a
             means
             to
             dishearten
             and
             discourage
             all
             Mariners
             for
             serving
             in
             English
             Bottoms
             ,
             whensoever
             imployment
             should
             be
             offered
             them
             elsewhere
             .
          
           
             Again
             ,
             in
             the
             commixture
             and
             joynt
             Trade
             of
             Merchants
             one
             with
             another
             ,
             having
             their
             complices
             &
             copartners
             in
             all
             or
             most
             of
             their
             trading
             and
             merchandizing
             affairs
             ,
             and
             such
             their
             trading
             and
             dealing
             each
             for
             other
             ,
             and
             in
             each
             others
             name
             ,
             that
             it
             might
             ,
             and
             oftentimes
             would
             fall
             out
             ,
             that
             when
             a
             man
             conceived
             that
             he
             had
             commenced
             a
             Suit
             against
             his
             adversary
             ,
             and
             whom
             he
             had
             dealt
             and
             traded
             with
             ,
             he
             should
             in
             conclusion
             find
             that
             he
             had
             commenced
             the
             same
             against
             one
             or
             more
             of
             his
             Judges
             ,
             that
             were
             to
             judge
             and
             determine
             his
             Cause
             ,
             or
             rather
             the
             same
             might
             fall
             out
             so
             to
             be
             ,
             and
             not
             be
             at
             all
             discovered
             .
          
           
             Much
             more
             I
             could
             say
             to
             this
             purpose
             ,
             but
             I
             hasten
             to
             return
             to
             that
             which
             I
             principally
             intended
             to
             set
             forth
             in
             this
             Chapter
             ,
             namely
             to
             shew
             by
             some
             few
             Authors
             of
             very
             many
             ,
             that
             much
             of
             the
             Civil
             Law
             it self
             is
             of
             use
             ,
             and
             in
             force
             in
             all
             Admiralty
             Courts
             ,
             as
             well
             as
             any
             other
             Maritime
             Laws
             .
          
           
             And
             as
             I
             last
             instanced
             in
             Vinius
             ,
             I
             shall
             in
             the
             next
             place
             instance
             in
             the
             Authors
             by
             him
             mentioned
             ,
             namely
             
               Benvenutus
               Straccha
            
             ,
             who
             writeth
             
               de
               mercaturâ
               sive
               mercatore
               ,
               de
               contractibus
               mercatorum
               ,
               de
               mandatis
               ,
               de
               sponsionibus
               ,
               de
               nautis
               ,
               navibus
               &
               navigatione
               ,
               de
               navibus
               iterum
               ,
               iterumque
               de
               navigatione
               ,
               de
               conturbatoribus
               ,
               sive
               decoctoribus
               ,
               quomodo
               in
               causis
               mercatorum
               procedendum
               sit
               ,
               &
               de
               adjecto
               :
            
             Of
             Merchandizes
             and
             Merchants
             ,
             and
             of
             their
             Contracts
             ,
             Mandates
             ,
             Warrants
             and
             Bargains
             ,
             or
             promises
             of
             Mariners
             ,
             Ships
             ,
             and
             Navigation
             joyntly
             ,
             of
             Ships
             severally
             ,
             and
             of
             Navigation
             by
             it self
             ,
             of
             Bankrupts
             ,
             and
             failing
             Merchants
             ,
             in
             what
             manner
             Merchants
             Causes
             are
             to
             be
             proceeded
             in
             ,
             and
             of
             Factors
             or
             Substitutes
             ,
             &c.
             which
             
             Book
             was
             printed
             and
             set
             forth
             within
             this
             last
             Century
             of
             years
             .
             And
             I
             do
             earnestly
             desire
             those
             that
             hold
             the
             Civil
             Law
             useless
             in
             these
             affairs
             ,
             and
             in
             the
             Courts
             designed
             for
             determination
             of
             differences
             happening
             therein
             ,
             but
             to
             look
             into
             the
             before
             mentioned
             Book
             ,
             together
             with
             
               Grotius
               de
               jure
               Belli
               &
               Pacis
               ,
               Gentilis
               &
               Loccenius
               ,
            
             who
             are
             latter
             Writers
             ,
             being
             all
             easily
             to
             be
             had
             ,
             and
             they
             shall
             find
             the
             very
             Text
             of
             the
             Civil
             Law
             ,
             and
             Commentators
             thereon
             ,
             not
             only
             out
             of
             these
             before
             mentioned
             selected
             Titles
             ,
             but
             out
             of
             divers
             others
             ,
             cited
             and
             quoted
             for
             authority
             in
             all
             the
             several
             points
             the
             said
             Authors
             do
             handle
             or
             treat
             of
             ,
             which
             I
             hope
             will
             be
             sufficient
             to
             convince
             any
             judicious
             man
             ,
             and
             sufficiently
             perswade
             him
             that
             the
             Civil
             Law
             it self
             is
             of
             most
             exquisite
             use
             in
             all
             Admiralty
             Courts
             .
          
        
         
           
             CHAP.
             XVI
             .
          
           
             That
             by
             several
             of
             the
             Laws
             of
             the
             Titles
             selected
             out
             of
             the
             body
             of
             the
             Civil
             Law
             by
             Peckius
             for
             the
             determination
             of
             Maritime
             Causes
             ,
             and
             divers
             other
             of
             the
             Civil
             Laws
             conducing
             thereunto
             ,
             it
             doth
             appear
             that
             the
             Ports
             and
             Havens
             ,
             and
             businesses
             done
             thereupon
             ,
             are
             within
             the
             Cognizance
             of
             the
             Admiralty
             Jurisdiction
             .
          
           
             HAving
             now
             made
             it
             appear
             that
             there
             have
             been
             several
             Titles
             selected
             and
             gathered
             out
             of
             the
             body
             of
             the
             Civil
             Law
             for
             the
             dicision
             and
             determination
             of
             Maritime
             Causes
             ,
             and
             the
             same
             then
             ,
             and
             since
             very
             lately
             commented
             on
             for
             the
             better
             understanding
             thereof
             ,
             and
             the
             more
             perfect
             knowledge
             therein
             ;
             now
             it
             will
             remain
             to
             shew
             that
             by
             these
             Laws
             ,
             and
             divers
             others
             of
             the
             Civil
             Laws
             mentioned
             in
             the
             foregoing
             Chapters
             of
             this
             Book
             ,
             it
             will
             plainly
             appear
             ,
             that
             the
             Ports
             and
             Havens
             ,
             and
             all
             things
             had
             ,
             done
             ,
             or
             agitated
             thereon
             are
             within
             the
             power
             and
             cognizance
             of
             the
             Admiralty
             Jurisdiction
             .
          
           
             And
             the
             first
             of
             those
             Titles
             ,
             so
             farre
             forth
             as
             it
             concerneth
             the
             Admiralty
             is
             ,
             Nautae
             ,
             a
             
               Caupones
               ,
               &c.
               ut
               recepta
               restituant
               .
            
             And
             this
             Title
             consisteth
             of
             several
             Laws
             ,
             whereby
             Masters
             of
             Ships
             ,
             Mariners
             ,
             &c.
             are
             compellable
             to
             restore
             such
             Goods
             ,
             Wares
             ,
             and
             Merchandizes
             as
             they
             shall
             have
             received
             aboard
             their
             Ships
             .
          
           
             Now
             if
             the
             Jurisdiction
             of
             the
             Admiralty
             Courts
             had
             been
             
             restrained
             unto
             the
             high
             Seas
             ,
             where
             Masters
             of
             Ships
             and
             Mariners
             seldome
             or
             never
             receive
             in
             ,
             or
             deliver
             out
             their
             Merchants
             goods
             ,
             but
             upon
             some
             meer
             accidental
             occasion
             ;
             and
             had
             had
             no
             cognizance
             of
             Causes
             happening
             and
             falling
             out
             upon
             the
             Ports
             and
             Havens
             ,
             where
             usually
             they
             receive
             them
             in
             ,
             and
             deliver
             them
             out
             ;
             then
             certainly
             little
             reason
             had
             Peckius
             had
             to
             have
             made
             this
             Title
             to
             have
             been
             the
             first
             of
             those
             select
             Titles
             he
             gathered
             out
             of
             the
             body
             of
             the
             Civil
             Law
             ,
             for
             the
             decision
             of
             Marine
             Causes
             ,
             which
             belong
             to
             the
             Admiralty
             Courts
             ;
             and
             as
             little
             reason
             had
             Vinius
             had
             to
             have
             added
             so
             lately
             his
             additional
             Notes
             thereunto
             for
             that
             purpose
             .
          
           
             The
             next
             Title
             so
             collected
             ,
             is
             b
             
               de
               Exercitoriâ
               actione
            
             ,
             which
             concerneth
             Contracts
             ,
             and
             is
             to
             be
             made
             use
             of
             in
             its
             place
             .
          
           
             The
             next
             is
             the
             Title
             c
             
               ad
               legem
            
             Rhodiam
             
               de
               jactu
            
             ,
             which
             I
             have
             already
             instanced
             in
             to
             this
             purpose
             in
             the
             
               9th
               ,
               10th
            
             ,
             and
             14th
             Chapter
             of
             this
             d
             second
             Book
             ,
             and
             therefore
             shall
             pass
             it
             over
             in
             this
             place
             .
          
           
             The
             next
             to
             this
             is
             the
             Title
             e
             
               de
               incendio
               ,
               ruina
               ,
               naufragio
               ,
               rate
               nave
               expugnata
               ,
            
             of
             and
             concerning
             burning
             ,
             destruction
             ,
             and
             ruine
             of
             things
             ,
             ship-wrecks
             ,
             robbing
             or
             spoyling
             of
             Ships
             .
             Now
             as
             under
             the
             first
             of
             these
             Titles
             ,
             
               Caupones
               &
               Stabularii
            
             ,
             Victuallers
             and
             Inholders
             were
             comprehended
             as
             well
             as
             Nautae
             ,
             Mariners
             ;
             and
             yet
             is
             it
             by
             Peckius
             collected
             and
             commented
             on
             only
             for
             so
             much
             as
             concerned
             Marine
             and
             Nautical
             Affairs
             ,
             fit
             and
             proper
             for
             Admiralty
             Courts
             ,
             who
             saith
             that
             it
             is
             his
             purpose
             and
             intent
             in
             his
             Comment
             to
             explain
             those
             Laws
             only
             that
             belong
             thereunto
             ,
             and
             saith
             that
             the
             other
             are
             but
             things
             which
             have
             some
             affinity
             with
             ,
             or
             likeness
             unto
             the
             other
             ,
             or
             are
             things
             handled
             by
             such
             as
             handle
             things
             of
             another
             nature
             ,
             which
             he
             expresseth
             in
             these
             words
             ;
             
               Contestatum
               ante
               omnia
               haec
               volo
               te
               ,
               Lector
               ,
               non
               expositurum
               me
               hoc
               titulo
               ,
               nisi
               eas
               leges
               quae
               ad
               rem
               nauticam
               pertinent
               ;
               illud
               enim
               nostri
               est
               instituti
               ,
               caetera
               vel
               adfinia
               sunt
               ,
               vel
               ab
               aliis
               utcunque
               suis
               locis
            
             f
             examinata
             .
             So
             under
             this
             Title
             ,
             although
             burning
             ,
             ruine
             ,
             and
             destruction
             of
             things
             at
             land
             be
             comprehended
             as
             well
             as
             shipwreck
             ,
             &c.
             yet
             doth
             Peckius
             his
             Comment
             extend
             only
             unto
             those
             Laws
             therein
             which
             concern
             Maritime
             affairs
             .
          
           
             Now
             these
             Laws
             which
             concern
             offences
             committed
             in
             case
             of
             shipwreck
             and
             robbing
             ,
             and
             dispoiling
             of
             Ships
             ,
             or
             other
             Vessels
             comprehended
             under
             this
             Title
             ,
             do
             indistinctly
             handle
             the
             same
             ,
             whether
             they
             happen
             to
             be
             done
             upon
             the
             high
             Sea
             ,
             or
             upon
             any
             Port
             ,
             Creek
             ,
             or
             Haven
             ,
             (
             where
             most
             of
             these
             things
             most
             
             commonly
             happen
             )
             as
             by
             the
             particular
             Laws
             themselves
             it
             doth
             manifestly
             appear
             .
          
           
             This
             Title
             setteth
             forth
             how
             ,
             and
             in
             what
             manner
             such
             persons
             shall
             be
             punished
             ,
             which
             (
             when
             any
             Ship
             ,
             or
             other
             Vessel
             (
             not
             being
             a
             derelict
             )
             shall
             be
             wrecked
             ,
             stranded
             ,
             or
             otherwise
             distressed
             ,
             by
             robbery
             ,
             opposition
             ,
             quarrel
             ,
             spoil
             ,
             or
             g
             otherwise
             )
             with
             a
             deceiptfull
             intention
             ,
             to
             steal
             ,
             take
             ,
             carry
             away
             ,
             receive
             ,
             or
             damnifie
             h
             any
             of
             the
             Goods
             ,
             Wares
             ,
             Merchandizes
             ,
             Tackle
             ,
             Furniture
             ,
             Ammunition
             ,
             Provision
             ,
             &c.
             belonging
             thereunto
             ,
             though
             the
             same
             were
             cast
             out
             of
             the
             i
             Ship
             ,
             and
             that
             indistinctly
             ,
             whether
             the
             said
             misfortune
             happened
             ,
             either
             upon
             the
             high
             Seas
             ,
             or
             upon
             the
             Ports
             ,
             Havens
             ,
             Creeks
             ,
             or
             Coasts
             of
             the
             Sea
             ,
             where
             Ships
             and
             other
             Vessels
             do
             ride
             ,
             lie
             at
             Anchor
             ,
             or
             have
             their
             station
             ;
             and
             indeed
             more
             proper
             is
             this
             Law
             for
             the
             Ports
             ,
             Havens
             ,
             Creeks
             and
             Coasts
             of
             the
             Sea
             ,
             then
             for
             the
             high
             Seas
             ,
             it
             rarely
             or
             never
             falling
             out
             ,
             that
             any
             persons
             are
             present
             to
             steal
             ,
             take
             ,
             carry
             away
             ,
             damnifie
             ,
             conceal
             ,
             or
             imbezle
             any
             of
             the
             goods
             belonging
             to
             any
             Ship
             or
             Vessel
             which
             shall
             be
             there
             wrecked
             ,
             nor
             the
             goods
             belonging
             to
             any
             Ship
             that
             shall
             be
             there
             robbed
             ,
             or
             in
             fight
             with
             an
             Enemy
             ,
             but
             such
             as
             are
             either
             the
             Pirats
             or
             Enemies
             themselves
             ,
             neither
             of
             which
             fall
             under
             the
             Judgment
             of
             this
             Law
             ,
             the
             one
             falling
             under
             that
             Judgment
             which
             is
             proper
             to
             Pirats
             ,
             the
             other
             under
             that
             which
             is
             proper
             to
             an
             Enemy
             ;
             and
             this
             being
             not
             appointed
             for
             the
             punishment
             of
             such
             as
             are
             either
             the
             Robbers
             ,
             Pirats
             ,
             or
             Enemies
             ,
             which
             set
             upon
             the
             Ship
             ,
             but
             of
             such
             as
             take
             the
             advantage
             whilst
             such
             strife
             and
             contestation
             is
             ;
             or
             when
             any
             wreck
             doth
             happen
             ,
             and
             when
             the
             Master
             and
             Mariners
             are
             in
             a
             distraction
             ,
             do
             take
             away
             the
             Goods
             belonging
             unto
             their
             Ship
             ,
             which
             must
             needs
             most
             commonly
             fall
             out
             ,
             when
             any
             such
             Ship
             or
             Vessel
             shall
             happen
             to
             be
             so
             wrecked
             ,
             robbed
             ,
             or
             dispoiled
             in
             a
             Port
             ,
             Haven
             ,
             Creek
             ,
             or
             Coast
             of
             the
             Sea
             ,
             where
             the
             Shoar
             is
             near
             ,
             and
             the
             Goods
             are
             either
             cast
             upon
             the
             same
             ,
             driven
             thereto
             ,
             or
             with
             Boats
             ,
             Engines
             ,
             or
             other
             Instruments
             fetched
             or
             brought
             thereon
             .
          
           
             And
             by
             the
             two
             next
             Laws
             it
             more
             plainly
             appeareth
             ,
             that
             this
             Title
             principally
             aimeth
             at
             such
             as
             shall
             offend
             in
             this
             manner
             ,
             when
             a
             Ship
             is
             in
             her
             Port
             or
             Haven
             ,
             or
             upon
             any
             Creek
             or
             Coast
             of
             the
             Sea
             ,
             and
             there
             doth
             suffer
             any
             such
             distress
             ,
             or
             any
             such
             sad
             accident
             doth
             befall
             :
             for
             that
             those
             Laws
             take
             care
             as
             well
             for
             the
             punishing
             such
             as
             shall
             take
             away
             any
             of
             the
             Goods
             from
             off
             the
             Shoar
             ,
             which
             shall
             be
             cast
             or
             driven
             thereon
             ,
             as
             the
             punishment
             of
             those
             that
             shall
             take
             them
             out
             of
             the
             Ship
             it self
             .
             
             
               Item
               ait
               Praetor
               .
               Si
               quid
               ex
               naufragio
               ,
               hic
               illud
               quaeritur
               utrum
               si
               quis
               eo
               tempore
               tulerit
               ,
               quo
               naufragium
               fit
               ,
               an
               vero
               etiam
               si
               alio
               tempore
               ,
               hoc
               est
               ,
               post
               naufragium
               :
               Nam
               res
               ex
               naufragio
               etiam
               hae
               dicuntur
               ,
               quae
               in
               littore
               post
               naufragium
               jacent
               ,
               &
               magis
               est
               ut
               eo
               tempore
            
             k
             .
          
           
             
               And
               the
               Third
               Law
               runneth
               in
               these
               words
               .
            
             Qui
             autem
             in
             littore
             rem
             jacentem
             postea
             quam
             naufragium
             factum
             est
             abstulerit
             ,
             in
             eâ
             conditione
             est
             ,
             ut
             magis
             fur
             sit
             ,
             quam
             hoc
             edicto
             teneatur
             ,
             quemadmodum
             is
             qui
             quod
             de
             vehiculo
             exciderit
             ,
             tulit
             l
             .
             
               And
               many
               things
               more
               of
               the
               same
               nature
               are
               comprehended
               under
               the
               several
               paragraphes
               of
               this
               Law.
               
            
          
           
             And
             these
             distresses
             happening
             at
             high
             Sea
             ,
             there
             is
             little
             help
             to
             be
             expected
             from
             any
             at
             land
             ,
             in
             gathering
             and
             preserving
             the
             Goods
             like
             to
             be
             lost
             ;
             but
             by
             this
             Title
             encouragement
             is
             given
             to
             such
             as
             shall
             help
             in
             this
             kind
             .
             
               Plurimum
               interest
               peritura
               collegerint
               ,
               an
               quae
               servari
               possint
               invaserint
            
             m
             .
          
           
             And
             the
             Seventh
             Law
             plainly
             forbiddeth
             such
             as
             dwell
             upon
             or
             near
             the
             shore
             ,
             to
             take
             away
             such
             Goods
             so
             wrecked
             ,
             though
             stranded
             ,
             broken
             ,
             or
             cast
             upon
             ground
             ,
             within
             the
             confines
             of
             any
             mans
             ground
             .
             
               Nam
               &
               Divus
               Adrianus
               edicto
               praecepit
               ,
               ut
               hi
               qui
               juxta
               littora
               maris
               possiderent
               ,
               scirent
               siquando
               navi
               vel
               infixâ
               vel
               fractâ
               intra
               fines
               agri
               cujusque
               ne
               naufragia
               deripiant
               &c.
            
             n
             .
             Yet
             to
             make
             the
             matter
             more
             clear
             that
             these
             Laws
             were
             collected
             out
             of
             the
             body
             of
             the
             Civil
             Law
             ,
             as
             well
             to
             direct
             the
             Judgements
             of
             Maritime
             Judges
             upon
             those
             offences
             and
             trespasses
             committed
             upon
             the
             Ports
             ,
             Havens
             ,
             Creeks
             and
             Coasts
             of
             the
             Seas
             ,
             as
             upon
             the
             high
             Seas
             ,
             I
             shall
             instance
             in
             an
             Authentick
             ,
             by
             the
             same
             Author
             collected
             out
             of
             the
             same
             Law
             ,
             and
             by
             him
             likewise
             commented
             on
             ,
             wherein
             it
             is
             expressly
             set
             forth
             that
             Ships
             and
             Vessels
             of
             what
             kind
             soever
             ,
             usefull
             for
             marine
             businesses
             (
             for
             so
             much
             the
             word
             mavigia
             doth
             import
             )
             in
             what
             place
             they
             shall
             come
             ,
             which
             must
             needs
             be
             Ports
             ,
             Havens
             and
             Creeks
             of
             the
             Sea
             ,
             as
             well
             as
             the
             high
             Sea
             ,
             if
             by
             any
             contingent
             accident
             they
             shall
             be
             broken
             ,
             or
             otherwise
             come
             on
             ground
             ,
             as
             well
             the
             Ships
             as
             the
             Goods
             of
             the
             Saylers
             and
             adventurers
             therein
             shall
             be
             preserved
             whole
             and
             entire
             unto
             those
             unto
             whom
             they
             belonged
             before
             such
             Ships
             or
             Vessels
             fell
             upon
             the
             said
             danger
             ,
             the
             Custom
             of
             all
             places
             whatsoever
             contrary
             to
             this
             Sanction
             being
             altogether
             to
             be
             set
             aside
             ,
             unless
             they
             be
             the
             Ships
             of
             Pyrats
             or
             enemies
             .
             These
             are
             the
             words
             of
             the
             Authentick
             .
          
           
             Navigia
             quocunque
             locorum
             provenerint
             ,
             siquo
             casu
             contingente
             rupta
             fuerint
             ,
             vel
             alias
             ad
             terram
             pervenerint
             ,
             tam
             ipsa
             navigia
             quam
             navigantium
             bona
             ipsis
             integra
             reserventur
             ad
             quos
             spectabant
             antequam
             navigia
             hujusmodi
             
             periculum
             incurrissent
             ,
             sublata
             penitus
             omnium
             locorum
             consuetudine
             ,
             quae
             huic
             adversatur
             sanctioni
             ,
             nisi
             talia
             sint
             Navigia
             quae
             pyraticam
             exercent
             pravitatem
             ,
             sive
             nobis
             sive
             Christiano
             nomini
             inimica
             o
             .
          
           
             Before
             I
             pass
             any
             further
             ,
             I
             must
             needs
             here
             observe
             the
             same
             thing
             that
             Peckius
             hath
             observed
             upon
             these
             words
             of
             this
             Law
             ,
             
               Sublata
               penitus
               omnium
               locorum
               consuetudine
               ,
               &c.
               viz.
               Illud
               sane
               sine
               ullâ
               dubitatione
               dici
               potest
               quod
               certum
               sit
               consuetudinem
               contra
               jus
               naturae
               nullam
               habere
               potestatem
            
             p
             .
             That
             it
             may
             without
             any
             doubt
             be
             said
             ,
             that
             it
             is
             certain
             that
             a
             custom
             against
             the
             Law
             of
             nature
             hath
             no
             power
             or
             efficacy
             .
             And
             further
             he
             saith
             ,
             
               in
               casu
               constitutionis
               nostrae
               omnium
               consensus
               operari
               quicquam
               non
               potest
               cum
               divinis
               naturaeque
               praeceptis
               consuetudo
               ejusmodi
               repugnare
               videatur
            
             q
             .
          
           
             In
             this
             case
             the
             consent
             of
             all
             men
             can
             work
             nothing
             ,
             because
             such
             a
             custom
             may
             be
             discerned
             to
             be
             repugnant
             both
             to
             the
             divine
             and
             natural
             Precepts
             ;
             and
             herewith
             doth
             Vinius
             learnedly
             concur
             and
             much
             blameth
             such
             as
             have
             suffered
             any
             such
             custome
             .
          
           
             And
             with
             this
             Law
             agreeth
             the
             very
             first
             Law
             of
             another
             Title
             ,
             to
             the
             same
             purpose
             with
             this
             collected
             by
             the
             same
             Author
             in
             these
             words
             :
             
               Si
               quando
               naufragio
               navis
               expulsa
               fuerit
               ad
               littus
               ,
               vel
               siquando
               aliquam
               terram
               attigerit
               ad
               dominos
               pertineat
               ,
               fiscus
               meus
               sese
               non
               interponat
               ,
               quod
               enim
               jus
               habet
               fiscus
               meus
               in
               alienâ
               calamitate
               ut
               de
               re
               tam
               luctuosa
               compendium
               sectetur
            
             r
             Whensoever
             a
             Ship
             by
             wreck
             shall
             be
             driven
             upon
             the
             shore
             ,
             or
             whensoever
             she
             shall
             be
             run
             upon
             any
             ground
             ,
             i.e.
             either
             in
             Port
             ,
             Haven
             or
             elsewhere
             ,
             she
             shall
             belong
             unto
             her
             owners
             ;
             my
             Exchequer
             or
             receipt
             shall
             not
             intermeddle
             therewith
             :
             for
             what
             right
             hath
             my
             Exchequer
             ,
             that
             it
             should
             require
             or
             seek
             for
             any
             small
             matter
             or
             trifle
             in
             so
             mournful
             or
             sad
             matter
             or
             condition
             ?
          
           
             I
             must
             confess
             that
             by
             this
             last
             observation
             ,
             I
             have
             made
             some
             digression
             from
             my
             intended
             purpose
             ;
             Yet
             have
             I
             not
             gone
             much
             out
             of
             my
             way
             ,
             nor
             farre
             about
             to
             discover
             what
             a
             Rock
             we
             of
             this
             Nation
             (
             who
             pretend
             not
             onely
             many
             Customs
             ,
             but
             inforce
             several
             Patents
             and
             Grants
             ,
             howsoever
             obtained
             ,
             clean
             contrary
             to
             this
             Law
             )
             are
             like
             to
             fall
             upon
             ,
             and
             what
             a
             wreck
             we
             are
             like
             to
             make
             of
             our
             Maritime
             Law
             ,
             whereby
             we
             uphold
             all
             our
             Trade
             ,
             Traffick
             and
             Commerce
             with
             other
             Nations
             ,
             by
             falling
             upon
             this
             Errour
             ,
             so
             strongly
             maintained
             by
             Sir
             
               Edward
               Coke
            
             ,
             that
             the
             Ports
             and
             Havens
             are
             not
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             Court
             ,
             where
             as
             this
             Law
             is
             universally
             practised
             in
             all
             parts
             of
             the
             World.
             
          
           
             For
             although
             by
             this
             Law
             ,
             and
             the
             Inquisition
             taken
             at
             Quinborow
             in
             the
             end
             of
             Edward
             the
             3ds
             .
             raign
             ,
             and
             by
             the
             Inquisition
             
             translated
             into
             Latine
             out
             of
             an
             ancient
             French
             Copy
             by
             Roughton
             ,
             upon
             any
             wreck
             ,
             stranding
             ,
             or
             running
             on
             ground
             of
             any
             Ship
             or
             Vessel
             whatsoever
             ,
             or
             wheresoever
             the
             owners
             are
             to
             have
             their
             Ship
             or
             Vessel
             ,
             or
             such
             part
             thereof
             ,
             such
             tackle
             and
             furniture
             thereof
             ,
             and
             all
             such
             Goods
             as
             are
             saved
             and
             can
             be
             found
             out
             ,
             entirely
             restored
             unto
             them
             :
             Instead
             hereof
             many
             Lords
             of
             Mannors
             ,
             who
             perhaps
             had
             some
             right
             of
             claim
             to
             all
             ,
             or
             some
             part
             of
             Pyrats
             or
             enemies
             Goods
             so
             wrecked
             ,
             as
             the
             best
             Anchor
             and
             Cable
             ,
             &c.
             where
             the
             rest
             of
             the
             Goods
             belonged
             or
             were
             confiscable
             either
             to
             the
             Lord
             high
             Admiral
             ,
             or
             supream
             Authority
             (
             as
             in
             some
             cases
             they
             are
             to
             the
             one
             ,
             in
             some
             to
             the
             other
             )
             will
             (
             as
             I
             do
             already
             find
             )
             even
             out
             of
             the
             Ships
             and
             Goods
             both
             of
             those
             of
             our
             own
             Nation
             ,
             and
             of
             our
             friends
             ,
             and
             those
             that
             hold
             good
             correspondencie
             ,
             and
             are
             in
             amity
             with
             us
             ,
             under
             a
             pretended
             custom
             contrary
             to
             all
             Law
             ,
             claim
             and
             have
             the
             same
             in
             the
             like
             maner
             ,
             and
             other
             customs
             likewise
             ,
             which
             are
             as
             contrary
             to
             the
             law
             of
             Nature
             ,
             as
             this
             .
          
           
             And
             not
             onely
             so
             but
             many
             even
             of
             our
             own
             Nation
             and
             others
             of
             other
             Nations
             ,
             who
             neither
             are
             Pyrats
             ,
             nor
             enemies
             to
             this
             Nation
             ,
             but
             in
             amity
             and
             friendship
             therewith
             ,
             may
             have
             their
             Ships
             stranded
             or
             wrecked
             and
             cast
             away
             ,
             and
             have
             their
             Goods
             even
             snatched
             from
             them
             by
             force
             ,
             and
             violence
             ,
             and
             carried
             away
             ,
             and
             detained
             by
             such
             as
             can
             have
             nether
             pretence
             nor
             colour
             for
             such
             unjust
             and
             inhumane
             dealing
             ,
             contrary
             to
             the
             law
             of
             Nature
             ,
             and
             Nations
             ,
             and
             that
             Law
             which
             is
             elsewhere
             universally
             practiced
             ,
             if
             the
             current
             stream
             of
             Justice
             of
             the
             Admiralty
             Court
             ,
             in
             these
             Ports
             ,
             Havens
             ,
             Creeks
             and
             Coasts
             of
             the
             Seas
             shall
             be
             interrupted
             and
             stopped
             ,
             under
             this
             pretence
             ,
             of
             having
             no
             Power
             or
             Jurisdiction
             over
             them
             .
          
           
             Which
             pressures
             in
             such
             extreamities
             ,
             if
             they
             shall
             fall
             upon
             those
             of
             our
             own
             Nation
             ,
             we
             shall
             seem
             even
             to
             devour
             and
             eat
             up
             one
             another
             ;
             If
             they
             shall
             fall
             upon
             Forraigners
             ,
             that
             are
             in
             league
             ,
             and
             amity
             with
             us
             ,
             this
             breach
             of
             a
             Law
             so
             general
             may
             be
             a
             cause
             of
             the
             breach
             of
             such
             league
             ,
             and
             amity
             ,
             or
             at
             least
             of
             the
             begetting
             of
             Letters
             of
             Reprizal
             ,
             on
             their
             part
             against
             our
             Merchants
             ,
             and
             owners
             of
             Ships
             ,
             which
             is
             
               Prima
               species
               belli
            
             ;
             by
             which
             way
             of
             their
             reparation
             ,
             the
             Subjects
             of
             this
             Nation
             are
             like
             to
             pay
             at
             least
             three
             fold
             for
             the
             damage
             done
             ,
             by
             such
             wicked
             and
             mischievous
             people
             ,
             and
             not
             by
             themselves
             .
          
           
             But
             here
             an
             Objection
             ſ
             will
             arise
             ,
             viz.
             that
             by
             the
             express
             words
             of
             a
             Statute
             of
             the
             Land
             ,
             made
             in
             the
             15th
             year
             of
             the
             raign
             of
             Richard
             the
             2.
             the
             Admiral
             is
             to
             have
             no
             Cognisance
             ,
             Power
             ,
             nor
             Jurisdiction
             of
             wreck
             of
             the
             Sea.
             
          
           
           
             To
             which
             I
             answer
             ,
             that
             by
             wreck
             of
             the
             Sea
             ,
             in
             this
             Statute
             mentioned
             ,
             is
             ,
             as
             I
             conceive
             ,
             and
             under
             correction
             ,
             onely
             meant
             and
             intended
             such
             things
             as
             are
             cast
             out
             of
             the
             bowels
             of
             the
             Sea
             ,
             and
             by
             the
             waves
             thereof
             driven
             on
             shore
             ,
             and
             upon
             the
             reflux
             thereof
             ,
             left
             upon
             the
             Land
             ,
             wherein
             no
             man
             hath
             any
             property
             ,
             or
             to
             which
             ,
             no
             man
             can
             make
             any
             claim
             ;
             this
             is
             properly
             called
             wreck
             of
             the
             Sea
             ,
             which
             belongeth
             properly
             to
             the
             King
             ,
             and
             by
             his
             grant
             unto
             the
             Lord
             High
             Admiral
             :
             But
             in
             case
             any
             Ship
             ,
             or
             other
             Vessel
             ,
             shall
             be
             wrecked
             at
             Sea
             ,
             or
             in
             any
             Port
             ,
             Haven
             ,
             or
             Creek
             ,
             or
             upon
             or
             near
             any
             Coast
             ,
             neither
             the
             Ship
             nor
             Vessel
             ,
             nor
             any
             of
             the
             Goods
             thereunto
             belonging
             ,
             howsoever
             found
             therein
             ,
             or
             found
             floating
             upon
             the
             water
             ,
             or
             driven
             on
             shore
             ,
             or
             dry
             land
             ,
             are
             wreck
             of
             Sea
             ,
             though
             the
             Ship
             be
             usually
             said
             to
             be
             a
             Ship
             wrecked
             ,
             and
             the
             Goods
             said
             to
             be
             wreck
             ,
             but
             indeed
             are
             
               bona
               sparsa
               ex
               naufragio
            
             ;
             Goods
             scattered
             and
             thrown
             over
             board
             ,
             through
             ship-wreck
             ,
             or
             fear
             or
             danger
             of
             ship-wreck
             ,
             wherein
             the
             owners
             of
             them
             have
             a
             just
             property
             ,
             and
             may
             make
             their
             claim
             thereunto
             at
             any
             time
             within
             a
             year
             and
             a
             day
             ,
             and
             ought
             to
             recover
             and
             have
             the
             same
             again
             ,
             by
             the
             Laws
             of
             the
             Sea
             ;
             and
             therefore
             hath
             that
             Law
             exactly
             set
             forth
             ,
             how
             ,
             and
             in
             what
             maner
             ,
             such
             as
             shall
             either
             by
             violence
             ,
             or
             by
             stealth
             ,
             or
             howsoever
             take
             ,
             and
             carry
             away
             ,
             or
             conceal
             any
             such
             Goods
             ,
             from
             the
             lawful
             owner
             ,
             and
             proprietor
             thereof
             ,
             ought
             to
             be
             punished
             ,
             and
             make
             satisfaction
             for
             such
             their
             offence
             committed
             against
             the
             Law
             t
             .
          
           
             And
             as
             that
             Law
             doth
             distinguish
             those
             things
             ,
             which
             be
             
               ex
               naufragio
            
             ,
             from
             wreck
             of
             the
             Sea
             ,
             as
             plainly
             it
             doth
             ;
             so
             doth
             it
             distinguish
             the
             offence
             of
             taking
             away
             such
             Goods
             ,
             at
             the
             very
             time
             of
             the
             shipwreck
             ,
             from
             the
             offence
             in
             some
             time
             after
             the
             same
             ,
             as
             is
             plain
             by
             the
             Laws
             ,
             before
             quoted
             in
             this
             Chapter
             u
             .
          
           
             But
             since
             the
             making
             of
             this
             Statute
             ,
             in
             regard
             of
             the
             differences
             which
             did
             arise
             ,
             and
             which
             did
             grow
             about
             such
             Goods
             ,
             whether
             the
             same
             were
             wreck
             of
             Sea
             ,
             which
             belonged
             unto
             the
             King
             ,
             or
             derelicts
             ,
             Ships
             or
             Goods
             forsaken
             ,
             and
             given
             over
             for
             lost
             :
             or
             Flotson
             ,
             that
             which
             after
             a
             wreck
             ,
             was
             found
             floating
             upon
             the
             water
             ,
             and
             by
             no
             man
             claimed
             :
             or
             Jetson
             ,
             that
             which
             was
             thrown
             over
             board
             to
             disburden
             and
             lighten
             the
             Ship
             ,
             for
             preservation
             thereof
             ,
             and
             of
             mens
             lives
             ,
             and
             the
             rest
             of
             the
             Goods
             :
             or
             Lagon
             ,
             that
             which
             was
             found
             in
             the
             bottom
             of
             the
             Sea
             ,
             or
             any
             great
             river
             beneth
             the
             first
             bridges
             ,
             within
             the
             low
             water
             mark
             ,
             all
             which
             belonged
             to
             the
             Kings
             of
             England
             ,
             who
             have
             usually
             granted
             the
             same
             which
             belonged
             unto
             themselves
             ,
             unto
             
             the
             said
             Lords
             Admirals
             ,
             amongst
             the
             other
             things
             before
             mentioned
             (
             as
             doubtless
             they
             may
             do
             ,
             the
             same
             being
             confirmed
             unto
             themselves
             by
             the
             Statute
             ,
             and
             unto
             their
             own
             use
             )
             and
             the
             said
             Admirals
             have
             constantly
             had
             the
             same
             ,
             and
             the
             benefit
             thereof
             .
          
           
             Another
             Title
             there
             is
             amongst
             the
             said
             collected
             Titles
             
               de
               Naviculariis
               seu
               naucleris
            
             ,
             by
             the
             Laws
             whereof
             it
             doth
             likewise
             appear
             that
             the
             Admiral
             hath
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             .
             The
             first
             of
             them
             saith
             thus
             :
             Nullam
             w
             
               vim
               oportet
               naucleros
               sustinere
               delegatas
               species
               annonarias
               transferentes
               ,
               nec
               concussiones
               ,
               nec
               aliquod
               genus
               incommodi
               ;
               sed
               venientes
               ac
               remeantes
               omni
               securitate
               potiri
               ,
               decem
               librarum
               auri
               mulcta
               proponenda
               his
               qui
               eos
               inquietare
               tentaverint
               :
            
             No
             force
             or
             violence
             ,
             or
             any
             manner
             of
             disturbance
             or
             hinderance
             shall
             be
             offered
             unto
             the
             Masters
             of
             Ships
             ,
             or
             Mariners
             ,
             which
             are
             appointed
             by
             their
             Prince
             ,
             to
             transport
             any
             Goods
             or
             Commodities
             for
             the
             publique
             use
             or
             benefit
             ,
             under
             the
             pain
             of
             ten
             pounds
             ,
             to
             be
             imposed
             upon
             such
             as
             shall
             adventure
             to
             molest
             or
             disquiet
             them
             .
             Now
             I
             hope
             no
             man
             will
             say
             that
             this
             extendeth
             not
             to
             such
             force
             ,
             violence
             ,
             or
             molestation
             ,
             as
             shall
             be
             offered
             unto
             them
             upon
             any
             Port
             or
             Haven
             ,
             either
             before
             their
             setting
             sail
             to
             sea
             ,
             or
             in
             any
             Port
             or
             Haven
             of
             their
             discharge
             ,
             or
             in
             any
             Port
             or
             Haven
             they
             shall
             by
             storm
             or
             stresse
             of
             weather
             be
             driven
             into
             .
             And
             this
             Priviledge
             ,
             saith
             Peckius
             ,
             is
             no
             small
             benefit
             unto
             them
             ;
             for
             they
             can
             neither
             be
             arrested
             ,
             nor
             deteyned
             ,
             nor
             compelled
             to
             pay
             any
             Custome
             or
             Tribute
             :
             
               Quod
               privilegium
               ,
               quae
               praerogativa
               ,
               utilitas
               meherule
               modica
               non
               est
               ;
               etenim
               nec
               arestari
               (
               ut
               dicunt
               )
               nec
               detineri
               ,
               nec
               ad
               vectigalium
               solutionem
               compelli
               possunt
               ,
            
             which
             certainly
             sheweth
             that
             this
             Law
             extendeth
             to
             the
             Ports
             and
             Havens
             upon
             which
             all
             Arrests
             of
             Ships
             ,
             or
             other
             Vessels
             ,
             or
             Mariners
             are
             for
             the
             most
             part
             made
             ,
             and
             all
             compulsion
             to
             the
             payment
             of
             Tribute
             or
             Custome
             used
             or
             exercised
             .
          
           
             If
             this
             be
             not
             enough
             ,
             take
             the
             last
             Law
             of
             the
             same
             Title
             ,
             and
             Peckius
             thereupon
             ,
             in
             these
             words
             :
             
               Judices
               qui
               onusta
               navigia
               cum
               prosperior
               flatus
               invitat
               ,
               sub
               praetextu
               hyemis
               immorari
               permiserint
               ,
               unà
               cum
               municipibus
               &
               corporatis
               ejusdem
               loci
               fortunarum
               propriarum
               feriantur
               dispendiis
               ,
               naucleri
               praeterea
            
             x
             
               paenam
               deportationis
               accipiant
               ,
               si
               aliquid
               fraudis
               eos
               admisse
               fuerit
               revelatum
               :
            
             Such
             Judges
             as
             shall
             permit
             or
             suffer
             such
             Ships
             or
             Vessels
             so
             laden
             with
             Commodities
             for
             the
             publique
             use
             and
             service
             of
             the
             Common-wealth
             ,
             having
             a
             good
             wind
             ,
             to
             stay
             or
             demore
             in
             any
             Port
             or
             Haven
             under
             the
             pretence
             of
             Winter
             ,
             shall
             together
             with
             the
             Burgers
             ,
             or
             chief
             of
             that
             place
             ,
             bear
             or
             pay
             the
             loss
             or
             damage
             thereby
             sustained
             :
             And
             
             the
             Masters
             of
             those
             Ships
             which
             shall
             be
             found
             guilty
             of
             such
             offence
             ,
             or
             fraudulent
             in
             that
             way
             ,
             are
             to
             be
             punished
             with
             banishment
             .
             Now
             no
             man
             will
             doubt
             but
             that
             this
             stay
             or
             demorage
             ,
             which
             is
             thus
             strictly
             to
             be
             lookt
             after
             by
             the
             Admiralty
             Judge
             under
             such
             a
             pain
             or
             penalty
             ,
             and
             so
             severely
             to
             be
             by
             him
             punished
             ,
             is
             such
             stay
             or
             demorage
             ,
             as
             is
             made
             in
             the
             Port
             or
             Haven
             ,
             and
             not
             upon
             the
             high
             Seas
             .
             And
             Peckius
             saith
             in
             express
             words
             ,
             if
             they
             shall
             stay
             or
             demore
             in
             the
             Port
             or
             Stations
             for
             Ships
             at
             such
             time
             ,
             it
             is
             the
             office
             of
             the
             Judges
             by
             all
             wayes
             or
             means
             to
             drive
             them
             out
             ,
             or
             compel
             them
             to
             go
             on
             upon
             that
             Voyage
             they
             are
             designed
             .
             
               Quinimo
               si
               tempore
               ad
               navigandum
               idoneo
               ,
               suspensâ
               navigatione
               ,
               in
               portu
               stationibúsve
               haererent
               ,
            
             y
             
               Judicis
               erit
               officium
               omnibus
               modis
               eos
               abigere
               .
            
          
           
             And
             by
             the
             same
             Law
             all
             Ships
             and
             Vessels
             of
             what
             nature
             ,
             condition
             ,
             or
             quality
             soever
             they
             be
             ,
             and
             whosoever
             they
             be
             ,
             may
             be
             by
             the
             power
             and
             authority
             of
             the
             Admitalty
             seized
             on
             in
             any
             Port
             or
             Haven
             where
             they
             ride
             ,
             and
             be
             z
             taken
             and
             employed
             upon
             any
             service
             of
             the
             King
             ,
             and
             are
             not
             to
             be
             excused
             .
          
           
             One
             Title
             more
             of
             the
             Civil
             Law
             I
             shall
             instance
             in
             ,
             which
             treateth
             of
             things
             done
             upon
             the
             Ports
             and
             Havens
             ,
             and
             then
             return
             to
             some
             other
             Arguments
             out
             of
             our
             own
             Presidents
             at
             home
             ;
             and
             that
             is
             the
             Title
             of
             the
             Digests
             ,
             Nequid
             a
             
               in
               flumine
               publico
               ,
               &c.
            
             where
             the
             Praetor
             doth
             interdict
             ,
             
               Nequid
               in
               flumine
               publico
               ,
               ripáve
               ejus
               facias
               ,
               nequid
               in
               flumine
               publico
               ,
               ripáve
               ejus
               emittas
               ,
               quo
               statio
               ,
               itérve
               navigio
               deterius
               sit
               ,
               fiat
               .
            
          
           
             The
             Praetor
             forbiddeth
             any
             thing
             to
             be
             done
             ,
             or
             to
             be
             cast
             forth
             into
             a
             publique
             River
             ,
             or
             upon
             the
             banks
             thereof
             ,
             which
             may
             either
             hinder
             the
             lying
             or
             riding
             of
             Ships
             there
             :
             and
             this
             Edict
             extendeth
             directly
             to
             Rivers
             navigable
             ,
             and
             none
             other
             ,
             which
             are
             the
             Ports
             and
             Havens
             ,
             and
             those
             other
             parts
             of
             the
             same
             River
             through
             which
             Ships
             and
             other
             Vessels
             do
             sail
             to
             the
             place
             of
             their
             station
             or
             anchorage
             .
             Hoc
             b
             
               interdictum
               ad
               ea
               tantùm
               flumina
               publica
               pertinet
               ,
               quae
               sunt
               navigabilia
               ,
               ad
               caetera
               non
               pertinet
               .
            
             Nor
             doth
             the
             Praetor
             here
             forbid
             any
             publique
             lawfull
             use
             of
             these
             publique
             Streams
             ,
             Ports
             ,
             or
             Havens
             ;
             but
             taketh
             a
             special
             care
             ,
             that
             nothing
             therein
             shall
             be
             done
             which
             may
             deteriorate
             or
             hinder
             the
             safe
             and
             quiet
             passage
             ,
             anchorage
             ,
             and
             lying
             of
             Ships
             there
             .
             
               Non
               autem
               omni
               quod
               in
               flumine
               publico
               ,
               ripáve
               fit
               ,
            
             b
             
               coercet
               Praetor
               ;
               sed
               si
               quid
               fiat
               quo
               deterior
               statio
               &
               navigatio
               fiat
            
             ;
             and
             the
             same
             Law
             setteth
             forth
             what
             is
             accounted
             to
             be
             a
             deteriorating
             or
             making
             worse
             of
             the
             said
             station
             ,
             anchorage
             ,
             riding
             ,
             or
             sailing
             of
             Ships
             :
             
               Deterior
               statio
               ,
               item
               iter
               navigio
               fieri
               videtur
               ,
               si
               usus
               ejus
               corrumpatur
               ,
               vel
               difficilior
               
               fiat
               ,
               aut
               minor
               vel
               rarior
               ;
               aut
               si
               in
               totum
               auferatur
               ;
               proinde
               sive
               derivetur
               aquâ
               ut
               exiguior
               facta
               ,
               minus
               sit
               navigabilis
               ,
               vel
               si
               dilatetur
               aut
               diffusa
               brevem
               aquam
               faciat
               ,
               vel
               contra
            
             c
             
               sic
               coangustetur
               ut
               rapidius
               flumen
               faciat
               ;
               vel
               si
               quid
               aliud
               fiat
               ,
               quod
               navigationem
               incommodet
               ,
               difficiliorem
               faciat
               ,
               vel
               prorsus
               impediat
               ,
               interdicto
               locus
               erit
               .
            
             The
             Station
             or
             Anchorage
             ,
             and
             also
             the
             passage
             for
             Ships
             doth
             seem
             to
             be
             deteriorated
             ,
             and
             made
             worse
             ,
             if
             the
             use
             thereof
             be
             corrupted
             ,
             or
             made
             more
             difficult
             ,
             less
             ,
             or
             more
             shallow
             ,
             and
             more
             seldome
             to
             be
             used
             ,
             or
             shall
             be
             wholly
             taken
             away
             .
             Further
             ,
             or
             if
             the
             water
             shall
             be
             from
             thence
             drawn
             ,
             and
             so
             be
             made
             less
             ,
             and
             so
             less
             navigagable
             ;
             or
             if
             the
             banks
             shall
             be
             taken
             away
             ,
             and
             the
             River
             thereby
             made
             wider
             ,
             and
             caused
             to
             spread
             it self
             more
             in
             breadth
             ,
             whereby
             the
             water
             cometh
             to
             be
             made
             more
             shallow
             :
             or
             on
             the
             contrary
             ,
             if
             it
             shall
             be
             encroached
             on
             ,
             and
             so
             streightned
             ,
             that
             the
             River
             passeth
             with
             more
             strength
             or
             violence
             ;
             or
             if
             any
             thing
             else
             be
             done
             which
             may
             disaccommodate
             Navigation
             ,
             or
             make
             the
             same
             more
             difficult
             ,
             or
             altogether
             hinder
             it
             ,
             this
             Edict
             shall
             take
             place
             against
             the
             same
             .
          
           
             From
             which
             Law
             many
             Articles
             of
             the
             Inquisition
             taken
             at
             Quinborow
             ,
             and
             of
             the
             ancient
             French
             Articles
             ,
             translated
             into
             Latin
             by
             Roughton
             ,
             set
             forth
             to
             be
             inquirable
             in
             the
             Admiralty
             ,
             are
             plainly
             derived
             :
             which
             Articles
             ,
             and
             likewise
             many
             Statutes
             which
             forbid
             the
             same
             offences
             ,
             were
             enacted
             to
             make
             the
             same
             more
             notorious
             to
             the
             people
             ,
             and
             are
             only
             in
             pursuance
             of
             this
             Law
             ,
             which
             is
             the
             fountain
             from
             whence
             they
             flow
             ,
             as
             their
             original
             .
          
           
             Now
             lest
             some
             should
             still
             strive
             against
             the
             stream
             ,
             and
             offer
             to
             contend
             ,
             that
             this
             Edict
             of
             
               Nequid
               in
               flumine
               fiat
               ,
               &c.
            
             that
             nothing
             shall
             be
             done
             in
             any
             navigable
             River
             ,
             or
             the
             Banks
             thereof
             ,
             which
             may
             hinder
             Navigation
             ,
             or
             the
             station
             or
             anchorage
             of
             Ships
             ,
             is
             meant
             only
             of
             the
             River
             which
             leadeth
             to
             the
             Port
             or
             Haven
             of
             discharge
             ,
             wherein
             Ships
             do
             oftentimes
             lye
             at
             Anchor
             before
             they
             can
             come
             further
             up
             to
             be
             discharged
             in
             the
             Port.
             I
             shall
             further
             clear
             this
             point
             by
             the
             Interdict
             mentioned
             by
             Labeo
             in
             the
             17th
             Section
             of
             the
             same
             Law
             ,
             where
             the
             very
             word
             Port
             is
             used
             :
             
               Nequid
               in
            
             d
             
               mare
               ,
               inve
               littore
               ,
               quo
               portus
               ,
               statio
               ,
               iterve
               navigio
               deterius
               fiat
               .
            
          
           
             After
             all
             this
             perhaps
             some
             may
             lauch
             further
             out
             into
             the
             deep
             ,
             and
             say
             that
             although
             these
             Laws
             collected
             out
             of
             the
             Civil
             Law
             ,
             are
             made
             use
             of
             in
             Maritime
             affairs
             beyond
             the
             Seas
             ,
             and
             do
             argue
             their
             Admiralties
             to
             have
             jurisdiction
             upon
             their
             Ports
             and
             Havens
             ,
             yet
             are
             they
             of
             no
             use
             here
             ,
             for
             the
             Admiralty
             of
             England
             is
             by
             the
             Common
             Law
             of
             England
             more
             restrained
             ,
             and
             
             extendeth
             not
             unto
             the
             Ports
             ,
             nor
             hath
             so
             large
             a
             power
             as
             forreign
             Admiralties
             have
             .
          
           
             Since
             so
             many
             Nations
             as
             are
             named
             in
             the
             Libel
             subsequent
             unto
             the
             last
             Chapter
             of
             the
             first
             Book
             of
             this
             Maritime
             Dicaeologie
             ,
             have
             by
             the
             same
             so
             fully
             acknowledged
             the
             Regimen
             ,
             Government
             ,
             and
             Jurisdiction
             over
             the
             narrow
             Seas
             to
             belong
             to
             to
             the
             Admiralty
             of
             England
             ,
             and
             no
             other
             Admiralty
             ,
             as
             is
             plainly
             in
             the
             same
             set
             forth
             .
             Let
             none
             of
             this
             Nation
             for
             shame
             say
             that
             the
             power
             and
             authority
             of
             this
             Court
             ,
             which
             extendeth
             as
             farre
             ,
             and
             further
             then
             the
             power
             of
             any
             other
             Admiralty
             Courts
             doth
             ,
             shall
             be
             nothing
             at
             or
             near
             home
             .
             Nor
             let
             it
             for
             shame
             be
             said
             that
             our
             Admiralty
             ,
             to
             which
             they
             have
             not
             only
             ascribed
             ,
             but
             prescribed
             from
             so
             antient
             antiquity
             ,
             such
             superiority
             ,
             shall
             not
             afford
             unto
             Forreigners
             the
             same
             Justice
             other
             forreign
             Admiralties
             afford
             unto
             this
             Nation
             .
          
           
             But
             for
             further
             satisfaction
             to
             such
             as
             will
             be
             further
             curious
             ,
             I
             shall
             proceed
             to
             make
             further
             proof
             of
             this
             point
             by
             Presidents
             out
             of
             our
             own
             Courts
             at
             home
             .
          
        
         
           
             CHAP.
             XVII
             .
          
           
             That
             by
             the
             Records
             of
             the
             Admiralty
             ,
             it
             appeareth
             that
             the
             Admiral
             had
             ,
             and
             hath
             power
             and
             jurisdiction
             upon
             the
             Ports
             and
             Havens
             .
          
           
             THe
             Statute
             of
             the
             28th
             of
             
               Hen.
               8.
               cap.
            
             15.
             e
             directeth
             that
             the
             tryal
             of
             Traytors
             ,
             Pyrats
             ,
             Theeves
             ,
             Robbers
             ,
             Murderers
             and
             Confederaters
             upon
             the
             Sea
             ,
             or
             in
             any
             Haven
             ,
             River
             ,
             Creek
             ,
             or
             other
             place
             ,
             where
             the
             Admiral
             or
             Admirals
             have
             ,
             or
             pretend
             to
             have
             Power
             ,
             Authority
             ,
             or
             Jurisdiction
             ,
             may
             by
             virtue
             of
             a
             Commission
             under
             the
             Great
             Seal
             ,
             directed
             unto
             the
             said
             Admiral
             or
             Admirals
             ,
             his
             or
             their
             Lieutenant
             or
             Lieutenants
             ,
             and
             three
             or
             four
             substantial
             persons
             ,
             be
             made
             and
             done
             according
             to
             the
             Common
             course
             of
             the
             Laws
             of
             the
             Land
             ▪
             but
             taketh
             not
             away
             the
             Admirals
             power
             of
             tryal
             of
             the
             same
             offences
             ,
             by
             the
             course
             of
             the
             Civil
             Law
             ,
             as
             had
             been
             formerly
             used
             ;
             but
             leaveth
             him
             to
             proceed
             in
             causes
             of
             that
             nature
             either
             way
             ,
             as
             the
             proof
             the
             fact
             may
             be
             most
             fitly
             had
             ,
             or
             made
             .
             And
             this
             Statute
             is
             so
             farre
             from
             limiting
             or
             taking
             away
             any
             of
             that
             power
             or
             jurisdiction
             he
             had
             before
             upon
             the
             Ports
             ,
             Havens
             
             and
             Creeks
             of
             the
             Sea
             ,
             and
             other
             places
             ,
             that
             in
             express
             words
             it
             confirmeth
             same
             ,
             and
             further
             extendeth
             his
             power
             ,
             unto
             a
             twofold
             manner
             of
             tryal
             of
             such
             offences
             committed
             within
             the
             same
             limits
             ,
             that
             to
             his
             Jurisdiction
             formerly
             belonged
             ,
             to
             make
             use
             of
             each
             ,
             as
             he
             should
             see
             cause
             .
          
           
             And
             the
             Cognizance
             and
             tryal
             of
             all
             offences
             of
             this
             nature
             ,
             whether
             committed
             upon
             the
             high
             Seas
             ,
             or
             upon
             the
             Ports
             ,
             Havens
             ,
             or
             Creeks
             of
             the
             Sea
             ,
             and
             whether
             proceeded
             against
             by
             the
             course
             of
             the
             Civil
             Law
             ,
             or
             the
             course
             of
             the
             Common
             Law
             ,
             hath
             belonged
             unto
             the
             Admiral
             ,
             or
             Admirals
             ,
             and
             his
             or
             their
             Lieutenant
             or
             Lieutenants
             ,
             Judge
             or
             Judges
             of
             the
             high
             Court
             of
             the
             Admiralty
             ,
             or
             Judges
             of
             Vice-Admiralties
             ,
             and
             hath
             been
             by
             them
             constantly
             and
             continually
             practised
             and
             used
             .
          
           
             I
             might
             here
             lead
             you
             into
             a
             labyrinth
             and
             so
             involve
             both
             my self
             and
             you
             ,
             in
             such
             a
             vast
             thicket
             of
             heaps
             of
             ancient
             Records
             which
             remain
             in
             the
             Registries
             of
             our
             Admiralty
             ,
             which
             plainly
             set
             forth
             this
             constand
             and
             continued
             Power
             and
             Jurisdiction
             of
             the
             Admiral
             upon
             the
             Ports
             ,
             and
             Havens
             ,
             that
             we
             should
             in
             no
             short
             time
             ,
             nor
             with
             little
             labour
             get
             out
             again
             .
          
           
             If
             I
             should
             here
             go
             on
             ,
             where
             I
             left
             in
             the
             first
             Book
             of
             this
             Treatise
             ,
             and
             endeavour
             to
             give
             you
             a
             view
             ,
             but
             of
             the
             Patents
             onely
             ,
             which
             several
             Admirals
             of
             England
             have
             since
             Edward
             the
             thirds
             time
             had
             (
             they
             having
             from
             time
             to
             time
             had
             more
             plain
             and
             clear
             expressions
             of
             the
             Admirals
             Right
             ,
             Power
             ,
             Authority
             and
             Jurisdiction
             ,
             they
             having
             by
             that
             means
             grown
             very
             large
             )
             I
             should
             too
             much
             swell
             this
             small
             Treatise
             in
             proving
             that
             which
             will
             be
             by
             farre
             shorter
             Records
             more
             briefly
             ,
             and
             yet
             plainly
             enough
             made
             to
             appear
             .
          
           
             Therefore
             to
             spare
             mine
             own
             labour
             in
             writing
             and
             transcribing
             these
             Patents
             ,
             and
             yours
             in
             reading
             them
             ,
             I
             shall
             pitch
             upon
             some
             few
             other
             of
             the
             shortest
             Records
             onely
             of
             one
             year
             amongst
             above
             a
             hundred
             ,
             since
             the
             making
             of
             the
             said
             Statute
             ,
             and
             that
             shall
             be
             the
             eight
             and
             twentieth
             year
             of
             Queen
             Elizabeths
             Raign
             ,
             at
             which
             time
             all
             the
             Judicatories
             of
             this
             Nation
             were
             in
             as
             good
             perfection
             and
             absolute
             lustre
             and
             splendor
             for
             due
             observation
             of
             their
             just
             rights
             and
             priviledges
             ,
             as
             at
             any
             other
             time
             whatsoever
             .
          
           
             In
             the
             28th
             .
             year
             of
             Queen
             Elizabeth
             against
             the
             Sessions
             to
             be
             held
             for
             the
             Admiralty
             by
             vertue
             of
             a
             Commission
             grounded
             upon
             the
             said
             Statute
             of
             Henry
             the
             eighth
             several
             precepts
             or
             mandats
             issued
             out
             of
             the
             Admiralty
             Court
             unto
             several
             persons
             for
             
             the
             summoning
             and
             returning
             of
             Juries
             for
             the
             enquiry
             and
             tryall
             of
             all
             such
             offences
             as
             are
             mentioned
             in
             the
             said
             Statute
             ,
             whether
             committed
             upon
             the
             Sea
             ,
             or
             upon
             the
             River
             of
             Thames
             below
             London
             bridge
             towards
             the
             Sea
             ,
             or
             upon
             the
             Sea-shore
             ,
             wheresoever
             ,
             within
             the
             Maritime
             Jurisdiction
             ,
             and
             Limits
             of
             the
             Admiralty
             of
             England
             ,
             or
             elsewhere
             ,
             in
             or
             upon
             publick
             Rivers
             ,
             Ports
             ,
             Creeks
             ,
             or
             places
             overflowed
             by
             the
             Sea.
             I
             shall
             here
             set
             down
             a
             Copy
             of
             one
             of
             them
             onely
             which
             beareth
             date
             in
             the
             Moneth
             of
             Feb.
             in
             the
             same
             year
             .
          
           
             Carolus
             ,
             
             Dominus
             Howard
             Baro
             de
             Effingham
             praeclari
             ordinis
             garterii
             miles
             ,
             magnus
             Admirallus
             Angliae
             ,
             Hiberniae
             ,
             Walliae
             ac
             dominiorum
             &
             insularum
             earundem
             ,
             
             Villae
             Calisiae
             &
             merchiarum
             ejusdem
             ,
             nec
             non
             Gasconiae
             ,
             Aquitaniae
             ,
             classium
             &
             marium
             dictorum
             regnorum
             Angliae
             praefectus
             generalis
             ,
             ac
             socii
             sui
             Justiciarii
             serenissimae
             Dom
             ,
             nostrae
             reginae
             suae
             Admirallitatis
             Angliae
             ad
             omnia
             &
             singula
             proditiones
             ,
             felonias
             ,
             roberias
             ,
             furta
             ,
             murdera
             ,
             homicidia
             ,
             confederationes
             ,
             delicta
             piratica
             ,
             spoliationes
             ,
             depraedationes
             ,
             &c.
             &
             delicta
             quaecunquae
             tam
             in
             ,
             aut
             super
             mare
             ,
             vel
             publico
             flumine
             Thamises
             citra
             pontem
             Civitatis
             Londini
             versus
             mare
             ,
             quam
             super
             littus
             maris
             ubicunque
             locornm
             infra
             jurisdictionem
             maritimam
             &
             limites
             jurisdictionis
             Admirallitatis
             Angliae
             praedictae
             ,
             vel
             alibi
             in
             aut
             super
             fluminibus
             publicis
             ,
             portibus
             ,
             crecis
             ,
             &
             locis
             super
             inundatis
             quibuscunque
             contra
             pacem
             ejusdem
             Dominae
             nostrae
             Reginae
             ,
             atque
             Statuta
             ,
             leges
             &
             ordinationes
             dicti
             Regni
             sui
             Angliae
             ,
             ac
             communes
             leges
             ,
             Statuta
             ac
             ordinationes
             maritimas
             curiae
             suae
             Admiralitatis
             Angliae
             ,
             ejusdem
             qualitercunque
             habita
             ,
             facta
             ,
             attemptata
             sive
             commissa
             &
             perpetrata
             &
             vicecomiti
             Surr.
             &c.
             
             Tihi
             praecipimus
             ,
             &c.
             quod
             venire
             facias
             ,
             &c.
             
          
           
             And
             the
             like
             Warrants
             or
             Precepts
             were
             at
             the
             same
             time
             directed
             unto
             the
             Bayliffs
             of
             the
             Liberty
             of
             the
             City
             of
             London
             ,
             
             in
             the
             Burrogh
             of
             Southwark
             ,
             and
             likewise
             unto
             the
             Bayliff
             of
             Southwark
             .
          
           
             Another
             Warrant
             was
             likewise
             directed
             unto
             
               Jasper
               Swift
            
             ,
             
             the
             then
             Marshall
             of
             the
             Admiralty
             ,
             that
             he
             should
             have
             
               Richard
               Jones
               ,
               Osmund
               Sparke
               ,
               John
               Barnard
               ,
               Humphrey
               Hood
               ,
            
             and
             
               Thomas
               Seal
            
             ,
             committed
             for
             Pyracies
             and
             Felonies
             by
             them
             done
             upon
             the
             Sea
             ,
             and
             upon
             the
             River
             of
             Thames
             below
             Bridge
             ,
             towards
             the
             Sea
             ,
             before
             the
             said
             Courts
             in
             these
             words
             .
          
           
             Carolus
             Domminus
             Howard
             ,
             
             &c.
             ut
             in
             superdicto
             praecepto
             
               Jaspero
               Swift
            
             curiae
             Admirallitatis
             Angliae
             mariscallo
             ,
             tibi
             praecipimus
             quod
             
               Richardium
               Jones
               ,
               Osmund
               Sparke
               ,
               Johannem
               Barnard
               ,
               Humfridum
               Hood
               ,
            
             &
             
               Thomam
               Seale
            
             in
             Custodia
             Militis
             Macresc
             .
             &
             modo
             detent
             .
             &
             existent
             .
             nuper
             de
             pyratiis
             &
             feloniis
             per
             ipsos
             super
             mare
             &
             rivum
             Thamiseos
             infra
             pontem
             ,
             &c.
             coram
             ,
             &c.
             habeas
             ,
             &c.
             
          
           
           
             And
             there
             being
             then
             divers
             other
             Pyrats
             ,
             and
             other
             offenders
             in
             the
             Marshalsey
             ,
             another
             Warrant
             was
             directed
             unto
             the
             Knight
             Marshal
             Keeper
             of
             that
             Prison
             to
             have
             all
             and
             singular
             the
             Pyrats
             and
             other
             offenders
             before
             the
             said
             Court
             ,
             which
             Warrant
             likewise
             ran
             in
             the
             manner
             of
             the
             former
             ;
             
             viz.
             Carolus
             Howard
             ,
             
               &c.
               tibi
               praecipimus
               quod
               tertio
               die
            
             Octob.
             
               &c.
               coram
               ,
               &c.
               omnes
               &
               singulos
               pyratas
               ,
               &c.
               habeas
               ,
               &c.
               
            
          
           
             And
             upon
             return
             of
             the
             said
             Warrants
             ,
             several
             Indictments
             were
             preferred
             against
             several
             persons
             ,
             for
             several
             pyracies
             and
             other
             offences
             committed
             upon
             the
             River
             of
             Thames
             ,
             below
             the
             bridge
             ,
             besides
             such
             Indictments
             as
             were
             preferred
             against
             Pyrats
             and
             Robbers
             upon
             other
             navigable
             Rivers
             ,
             and
             at
             high
             Sea.
             
          
           
             One
             against
             
               Conray
               Bowes
            
             for
             that
             upon
             the
             20th
             .
             of
             February
             ,
             he
             ,
             with
             a
             certain
             Wherry
             ,
             upon
             the
             River
             of
             Thames
             ,
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             did
             enter
             upon
             and
             into
             a
             certain
             Lighter
             ,
             lying
             over
             against
             Debtford
             ,
             &c.
             upon
             the
             same
             ,
             &c.
             did
             ,
             &c.
             
          
           
             Inquiratur
             pro
             Dom.
             Reginâ
             si
             
               Conraye
               Bowes
            
             nuper
             Grenwici
             in
             Comitatu
             Kantiae
             watermanus
             ,
             
             vicesimo
             die
             mens
             .
             Februarii
             anno
             regni
             Dom.
             nostrae
             Elizabeth
             .
             Dei
             gratia
             
               Angliae
               ,
               Franciae
            
             ,
             &
             Hiberniae
             ,
             nunc
             Reginae
             ,
             fidei
             defensoris
             ,
             &c.
             vicesimo
             octavo
             ,
             in
             cymbâ
             quadam
             vectoria
             vocata
             
               a
               Wherry
            
             super
             publicum
             flumen
             Thamiseos
             infra
             Jurisdictionem
             maritimam
             praefatae
             Dom.
             nostrae
             Reginae
             suae
             Admiralitatis
             Angliae
             ,
             intentione
             malevola
             existent
             .
             ac
             deum
             prae
             oculis
             suis
             non
             habens
             ,
             sed
             instigatione
             diabolica
             seductus
             ,
             circa
             mediam
             noctem
             ,
             cymbam
             quandam
             vectoriam
             dictam
             
               a
               Lyghter
            
             ,
             tunc
             super
             publico
             flumine
             rivi
             Thamiseos
             ex
             opposito
             Depforde
             Creeke
             infra
             Jurisdictionem
             praedictam
             ad
             anchoras
             residen
             .
             vi
             &
             armis
             ,
             viz.
             baculis
             ,
             pugionibus
             ,
             &
             gladiis
             piratice
             &
             felonice
             praeparatis
             invaserit
             ,
             ascenderit
             ,
             fregerit
             &
             intraverit
             ,
             ac
             quantitatem
             sive
             numerum
             centum
             quinquaginta
             Fasciculorum
             ,
             dict
             .
             Faggots
             ,
             valoris
             &
             precii
             decem
             denar
             .
             de
             bonis
             &
             cattallis
             
               Thomae
               Jackson
            
             tunc
             &
             ibidem
             praedictis
             die
             &
             anno
             &
             loco
             ,
             in
             praedicta
             cymba
             vectoria
             dicta
             
               a
               Lyghter
            
             sub
             custodia
             dict
             .
             
               Thomae
               Jackson
            
             infra
             Jurisdictionem
             praedictam
             reperte
             .
             &
             existentem
             extra
             eandem
             cymbam
             &
             à
             custodia
             &
             possessione
             ejusdem
             
               Thomae
               Jackson
            
             pyratice
             &
             felonice
             ceperit
             furatus
             est
             ,
             spoliavit
             ,
             &
             asportavit
             contra
             pacem
             supradictae
             Dom.
             nostrae
             Reginae
             nùnc
             coronam
             &
             dignitatem
             suas
             ,
             ac
             contra
             formam
             diversorum
             statutorum
             hujus
             regni
             Angliae
             in
             contrariam
             editorum
             &
             praevisorum
             .
             Billa
             vera
             .
          
           
             And
             one
             
               John
               Barret
               ,
               &c.
            
             was
             at
             the
             same
             time
             likewise
             indicted
             for
             that
             upon
             the
             first
             of
             March
             ,
             in
             the
             same
             year
             ,
             out
             of
             a
             certain
             Hoy
             ,
             called
             the
             Peter
             of
             Feversham
             ,
             upon
             the
             publick
             River
             
             of
             Thames
             ,
             over
             against
             Cox-key
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             riding
             at
             Anchor
             ,
             did
             pyratically
             and
             feloniously
             take
             and
             carry
             away
             one
             piece
             of
             Linnen-cloth
             called
             Lockeram
             containing
             ,
             &c.
             together
             with
             divers
             other
             particulars
             set
             forrh
             in
             the
             said
             Indictment
             ,
             which
             runneth
             after
             the
             same
             manner
             with
             the
             former
             :
             
               Inquiratur
               pro
               Domina
               Regina
               &c.
               si
            
             Johannes
             Barret
             ,
             
               &c.
               Billa
               vera
            
             .
          
           
             And
             another
             against
             John
             Clements
             ,
             
             
               Inquiratur
               si
            
             Johannes
             Clements
             ,
             
               &c.
               Billa
               vera
            
             .
          
           
             Another
             there
             was
             against
             
               Winterhey
               ,
               Bridges
               ,
               Black
               ,
               Albons
               ,
               Saltash
               ,
            
             and
             others
             ,
             that
             they
             with
             two
             Boats
             upon
             the
             River
             of
             Thames
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             did
             by
             force
             of
             arms
             set
             upon
             a
             Ship
             called
             the
             Richard
             of
             Dartmouth
             neer
             Woolwitch
             ,
             &c.
             and
             boarded
             her
             ,
             and
             entered
             into
             her
             ;
             and
             one
             
               John
               Terry
            
             the
             Master
             and
             owner
             of
             her
             ,
             did
             beat
             and
             evil
             intreat
             ,
             &c.
             and
             that
             one
             
               Ralph
               Williams
            
             did
             with
             a
             sword
             of
             the
             price
             of
             five
             shillings
             ,
             then
             and
             there
             feloniously
             and
             violently
             strike
             him
             the
             said
             
               John
               Terry
            
             upon
             the
             arm
             ,
             and
             upon
             the
             thigh
             ,
             and
             gave
             him
             mortal
             wounds
             ,
             whereof
             the
             said
             Terry
             ,
             at
             the
             same
             time
             ,
             then
             and
             there
             died
             ;
             And
             that
             the
             said
             
               Winterhey
               ,
               Bridges
               ,
               Black
               ,
               Albons
               ,
               Saltash
               ,
               &c.
            
             were
             then
             and
             there
             present
             ,
             aiding
             and
             assisting
             ,
             encouraging
             and
             abetting
             in
             ,
             and
             unto
             the
             said
             act
             ,
             &c.
             
             The
             words
             of
             the
             Indictment
             in
             brief
             are
             these
             .
          
           
             Inquiratur
             ,
             
             &c.
             si
             
               Willielmus
               Winterhey
            
             ,
             nuper
             de
             &c.
             
             
               Rogerus
               Bridges
            
             nuper
             de
             ,
             &c.
             
             
               Thomas
               Black
            
             ,
             nuper
             de
             ,
             &c.
             
             
               Rogerus
               Albons
               ,
               Willelmus
               Saltash
            
             &
             alii
             in
             duabus
             cymbis
             ,
             super
             publicum
             flumen
             Thamiseos
             infra
             ,
             &c.
             navem
             quandam
             vocatam
             ,
             
               The
               Richard
            
             portus
             Dortmouth
             juxta
             Woolwich
             ,
             &c.
             vi
             &
             armis
             ,
             &c.
             ascenderunt
             ,
             &c.
             ac
             in
             
               Johannem
               Terry
            
             proprietarium
             &
             magistrum
             dictae
             navis
             ,
             &c.
             insult
             .
             &c.
             ac
             
               Radulphus
               Williams
            
             ipsum
             
               Johannem
               Terry
            
             cum
             quodam
             gladio
             precii
             5
             s.
             super
             brachio
             &
             in
             femore
             felonicè
             &
             violenter
             tunc
             &
             ibidem
             percussit
             ,
             ac
             lethalia
             vulnera
             ei
             intulit
             ,
             &
             praedicti
             
               Willielmus
               Winterhey
               ,
               Thomas
               Bridges
               ,
               Thomas
               Black
               ,
               Roger
               Albons
               ,
               Willielmus
               Saltash
               ,
            
             &c.
             tunc
             ,
             &
             ibidem
             fuerunt
             praesentes
             cum
             praefato
             
               Radulpho
               Williams
            
             ,
             &c.
             ipsum
             ,
             &c.
             de
             quibus
             lethalibus
             vulneribus
             praefatus
             
               Johannes
               Terry
            
             tunc
             &
             ibidem
             instanter
             obiit
             ,
             &
             sic
             ,
             &c.
             Billa
             vera
             .
          
           
             Another
             against
             
               Richard
               Jones
            
             ,
             
             
               Valentine
               Luyson
            
             ,
             and
             others
             for
             entering
             into
             a
             Ship
             ,
             over
             against
             Blackwall
             ,
             beating
             the
             Master
             ,
             and
             taking
             away
             Cheese
             ,
             Butter
             ,
             &c.
             which
             was
             found
             .
             
               Billa
               vera
            
             .
          
           
             Another
             against
             
               Bernard
               Hood
            
             ,
             
             
               Goodwin
               ,
               Hussey
            
             ,
             and
             others
             for
             the
             like
             ,
             in
             a
             Ship
             upon
             the
             River
             of
             Thames
             ,
             over
             against
             Erith
             ,
             which
             was
             likewise
             found
             .
             
               Billa
               vera
            
             .
          
           
           
             And
             these
             are
             Indictments
             preferred
             and
             found
             against
             Pyrats
             and
             Pyracies
             ,
             or
             Sea
             Robberies
             ,
             committed
             upon
             several
             parts
             of
             the
             River
             of
             Thames
             onely
             ;
             and
             that
             but
             within
             but
             a
             part
             of
             that
             28th
             .
             year
             of
             Queen
             Eliz.
             
          
           
             If
             I
             should
             step
             into
             the
             year
             either
             before
             ,
             or
             after
             ,
             and
             either
             proceed
             forwards
             ,
             or
             return
             backwards
             ,
             I
             might
             fill
             a
             Volumn
             with
             Warrants
             or
             Precepts
             of
             the
             same
             kind
             ,
             with
             the
             before
             recited
             ,
             and
             with
             Indictments
             for
             offences
             of
             this
             nature
             ,
             committed
             upon
             this
             very
             River
             of
             Thames
             ;
             yet
             are
             there
             (
             besides
             the
             Indictments
             for
             Pyracies
             ,
             &c.
             at
             Sea
             )
             several
             other
             Indictments
             for
             Pyracies
             ,
             and
             other
             offences
             of
             this
             nature
             committed
             upon
             other
             great
             Rivers
             ,
             beneath
             the
             first
             Bridges
             ,
             nearest
             the
             Sea
             ,
             as
             well
             as
             upon
             this
             ;
             And
             to
             shew
             the
             extent
             of
             the
             high
             Court
             of
             the
             Admiralty
             unto
             all
             Ports
             ,
             and
             great
             Rivers
             whereso
             ever
             ,
             as
             well
             as
             unto
             the
             Sea
             ,
             I
             shall
             instance
             in
             two
             or
             three
             of
             them
             ;
             The
             first
             of
             which
             shall
             be
             one
             that
             was
             preferred
             ,
             and
             found
             in
             the
             same
             28th
             .
             year
             of
             Queen
             Elizabeth
             ,
             and
             at
             the
             same
             time
             with
             those
             before
             mentioned
             .
          
           
             And
             that
             was
             against
             
               William
               Winterhey
               ,
               Humphrey
               Smith
            
             ,
             and
             others
             for
             pyratically
             setting
             upon
             a
             certain
             French
             Vessell
             called
             the
             Susan
             of
             Mestrey
             ,
             laden
             in
             the
             River
             of
             Bourdeaux
             with
             French
             Wines
             ,
             and
             lying
             at
             Anchor
             upon
             the
             publick
             river
             ,
             called
             Hampton
             water
             ,
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             and
             then
             and
             there
             by
             force
             of
             arms
             ,
             &c.
             making
             an
             assault
             ,
             &c.
             upon
             
               Daniel
               Bretton
            
             ,
             Governour
             of
             the
             said
             Ship
             ,
             and
             taking
             away
             and
             stealing
             from
             the
             said
             Ship
             to
             the
             value
             of
             100
             l.
             and
             70
             Tun
             of
             French
             Wine
             ,
             of
             the
             value
             of
             300
             l.
             of
             English
             money
             ,
             of
             the
             Goods
             and
             Chattels
             of
             
               Maturine
               Gantier
               ,
               &c.
            
             
             The
             Indictment
             runneth
             thus
             .
          
           
             Inquiratur
             ,
             
             &c.
             si
             Willielmus
             Winterhey
             nuper
             de
             ,
             &c.
             
             &
             
               Umphridus
               Smith
            
             de
             ,
             &c.
             in
             cymbâ
             quâdam
             vectoriâ
             tunc
             super
             publicum
             flumen
             vocat
             
               Hampton
               water
            
             ,
             infra
             ,
             &c.
             vi
             &
             armis
             ,
             &c.
             navem
             quandam
             Gallicam
             vocat
             .
             
               the
               Susan
            
             de
             Messhey
             in
             rivo
             Burdugalensi
             vinis
             Gallicis
             onustam
             ,
             &c
             ,
             ad
             anchoras
             exist
             .
             vi
             &
             armis
             ,
             &c
             ,
             ac
             in
             
               Daniel
               Bretton
            
             corrector
             .
             in
             Dom.
             navis
             ,
             &c.
             insultum
             ,
             &c.
             ac
             eand
             .
             navem
             ,
             &c.
             ad
             valentiam
             100
             l.
             ac
             70
             Dolia
             vini
             Gallici
             valoris
             300
             l.
             monetae
             Angliae
             ,
             de
             Bonis
             &
             Cattallis
             
               Maturini
               Gantier
            
             ,
             &c.
             ceperint
             ,
             furati
             sint
             ,
             &c.
             Billa
             vera
             .
          
           
             And
             Thomas
             James
             
               was
               indicted
               ,
               for
               that
               upon
            
             Severn
             ,
             
               beneath
               the
               first
               Bridge
               of
               the
               same
               ,
               he
               did
               assault
               one
            
             John
             Gethin
             ,
             
               and
               others
               ,
               and
               with
               a
               Gun
               charged
               with
               bullets
               shots
               and
               hatt
               the
               said
            
             John
             Gethin
             ,
             
               that
               he
               then
               and
               there
               instantly
               dyed
               .
               The
               
               Indictment
               runneth
               thus
            
             ;
             Inquiratur
             si
             
               Thomas
               James
            
             de
             &c.
             super
             quandam
             partem
             maris
             vocatam
             Seavern
             ,
             infra
             primum
             pontem
             ejusdem
             ,
             &c.
             vi
             &
             armis
             in
             quosdam
             
               Johannem
               Gethin
            
             &
             alios
             insultum
             fecit
             ,
             &
             praefatum
             
               Johannem
               Gethin
            
             cum
             quibusdam
             pilis
             tormentariis
             plumbeis
             ,
             in
             bombardo
             ,
             sive
             tormento
             pretii
             decem
             solidorum
             inclusis
             ,
             &c.
             unam
             plagam
             mortalem
             ,
             &c.
             de
             qua
             idem
             
               Johannes
               Gethin
            
             ad
             tunc
             &
             ibidem
             instanter
             obiit
             .
          
           
             I
             shall
             instance
             only
             in
             one
             notorious
             Pyracy
             more
             committed
             upon
             the
             same
             Navigable
             River
             of
             Severn
             ,
             upon
             which
             were
             indicted
             
               William
               Holborne
            
             of
             Southold
             in
             the
             County
             of
             Suffolk
             Gentleman
             ,
             Captain
             of
             a
             Man
             of
             Warre
             called
             the
             Hopewell
             of
             
               Weymouth
               Melcombe
               Regis
               ;
               Edward
               Wright
            
             of
             Berry
             in
             the
             same
             County
             Gentleman
             ,
             otherwise
             called
             Captain
             Careless
             ,
             Captain
             of
             a
             French
             Man
             of
             Warre
             of
             the
             burthen
             of
             fourty
             Tuns
             ;
             
               Henry
               Ward
            
             of
             Barstable
             in
             the
             County
             of
             Devon
             ,
             Captain
             of
             the
             Ship
             the
             Mary
             of
             
               Stonehouse
               ;
               William
               Sweet
            
             of
             Stonehouse
             in
             the
             County
             of
             Devon
             Mariner
             ,
             and
             12
             more
             by
             name
             ,
             besides
             others
             in
             general
             :
             for
             that
             upon
             the
             second
             day
             of
             
               August
               ,
               &c.
            
             they
             being
             in
             the
             said
             three
             Ships
             ,
             furnished
             in
             a
             warlike
             manner
             ,
             between
             the
             Maritime
             places
             called
             Wormeshead
             and
             Oxmuch
             in
             the
             River
             of
             Severn
             ,
             within
             the
             Maritime
             Jurisdiction
             of
             the
             Admiralty
             of
             England
             ,
             being
             pyratically
             and
             feloniously
             gathered
             together
             ,
             did
             by
             force
             of
             arms
             ,
             viz.
             with
             Swords
             ,
             Guns
             ,
             &c.
             in
             the
             three
             said
             Robbing
             Ships
             ,
             pyratically
             and
             feloniously
             appointed
             between
             the
             said
             Wormshead
             and
             Oxmuch
             within
             the
             said
             Jurisdiction
             ,
             the
             day
             and
             year
             aforesaid
             ,
             pyratically
             and
             feloniously
             set
             upon
             ,
             climb
             up
             into
             ,
             break
             and
             enter
             into
             4
             Merchants
             Ships
             called
             the
             Margaret
             of
             Caermarthen
             ,
             the
             little
             Matthew
             of
             Caermarthen
             ,
             the
             Tasker
             of
             Milford
             ,
             and
             the
             Margaret
             of
             Burrey
             ,
             laden
             with
             divers
             Goods
             ,
             Wares
             and
             Merchandizes
             at
             the
             Fair
             of
             St.
             James
             ,
             then
             lately
             held
             at
             Bristol
             ,
             whilst
             they
             were
             sailing
             from
             the
             Port
             of
             Bristol
             ,
             towards
             the
             Port
             of
             Caermarthen
             ,
             and
             did
             by
             force
             of
             arms
             assault
             and
             make
             Affray
             upon
             ,
             beat
             and
             evil
             intreat
             ,
             and
             put
             in
             fear
             of
             their
             lives
             
               James
               Joanes
               ,
               Thomas
               Richards
               ,
               William
               Tasker
               ,
            
             and
             
               Griffith
               Jones
            
             ,
             Governors
             and
             Masters
             of
             the
             said
             Ships
             under
             God
             ,
             and
             divers
             other
             persons
             ,
             Mariners
             of
             the
             said
             Ships
             ,
             unto
             the
             said
             Pyrats
             and
             Robbers
             unknown
             ,
             being
             then
             and
             there
             the
             said
             day
             and
             year
             in
             the
             said
             Merchants
             Ships
             in
             the
             peace
             of
             God
             and
             their
             said
             Soveraign
             the
             Queen
             ,
             and
             three
             Packs
             of
             Woollen
             and
             Linnen
             Cloth
             ,
             Dowlas
             ,
             Cress-cloth
             ,
             Holland
             ,
             Cambricks
             and
             Lockerams
             ,
             to
             the
             value
             of
             three
             hundred
             pounds
             of
             English
             money
             ,
             two
             great
             Chests
             of
             Velvets
             ,
             Taffaties
             ,
             and
             other
             Goods
             to
             the
             value
             of
             two
             hundred
             pounds
             ,
             
             one
             Iron
             Chest
             to
             the
             value
             of
             twelve
             pounds
             ,
             one
             pack
             of
             fine
             Dowlas
             ,
             Lockerams
             ,
             Cress-clothes
             ,
             Hollands
             ,
             Cambricks
             ,
             Silk
             Lace
             ,
             and
             other
             Goods
             to
             the
             value
             of
             one
             hundred
             and
             sixty
             pounds
             of
             like
             English
             money
             ,
             one
             great
             Chest
             of
             Millian
             Fustians
             and
             Callicoes
             ,
             and
             other
             Merchandizes
             to
             the
             value
             of
             sixty
             pounds
             ,
             and
             a
             Chest
             of
             large
             Hats
             ,
             Mantles
             and
             Clothes
             ,
             to
             the
             value
             of
             thirty
             pounds
             of
             like
             English
             money
             ,
             of
             the
             Goods
             and
             Chattels
             of
             
               Griffith
               Atkins
            
             and
             
               Henry
               Philips
            
             of
             Carmarthen
             ,
             Merchants
             ,
             then
             and
             there
             ,
             the
             day
             and
             year
             aforesaid
             ,
             between
             the
             said
             Wormsbead
             and
             Oxmuch
             ,
             upon
             the
             said
             navigable
             River
             ,
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             aforesaid
             ,
             being
             and
             remaining
             in
             the
             Custody
             and
             possession
             of
             the
             aforesaid
             
               James
               Joanes
               ,
               Thomas
               Richards
               ,
               William
               Tasker
               ,
            
             and
             
               Richard
               Joans
            
             ,
             Masters
             under
             God
             of
             the
             Ships
             ,
             the
             Margaret
             of
             Caermarthen
             ,
             the
             little
             Matthew
             of
             Carmarthen
             ,
             the
             Tasker
             of
             Milford
             ,
             and
             the
             Margaret
             of
             Burry
             ,
             out
             of
             the
             said
             Ships
             from
             the
             said
             Masters
             ,
             and
             out
             of
             their
             custody
             and
             possession
             ,
             did
             then
             and
             there
             pyratically
             ,
             feloniously
             ,
             and
             violently
             take
             ,
             steal
             ,
             spoyl
             ,
             and
             carry
             away
             ,
             contary
             to
             the
             peace
             of
             the
             Soveraign
             Lady
             the
             Queen
             ,
             her
             Crown
             and
             dignity
             ,
             and
             contrary
             to
             the
             form
             of
             divers
             Statutes
             to
             the
             contrary
             made
             and
             provided
             :
             The
             Indictment
             it self
             runneth
             in
             the
             same
             forme
             with
             those
             before
             mentioned
             ,
             viz.
             
          
           
             Inquiratur
             pro
             Dominâ
             Reginâ
             si
             
               Willielmus
               Holbourne
            
             nuper
             de
             Southould
             in
             Comitatu
             Suffolciae
             Gen.
             nuper
             Capitaneus
             navis
             militaris
             ,
             
               the
               Hopewell
            
             ,
             Portus
             de
             
               Weymouth
               Melcombe
               Regis
               ;
               Edvardus
               Wright
            
             nuper
             de
             Berrie
             in
             Comitatu
             Suffolciae
             Gen.
             alias
             dictus
             
               Captain
               Carelesse
            
             navis
             Gallicae
             militariter
             instructae
             oneris
             quadraginta
             doliorum
             vel
             Circiter
             :
             
               Henricus
               Ward
            
             nuper
             de
             Barstable
             in
             Comitatu
             Devon.
             nuper
             Capitaneus
             naviculae
             vocat
             .
             
               the
               Mary
            
             ,
             de
             
               Stonehouse
               :
               Willielmus
               Sweet
            
             nuper
             de
             Stonehouse
             in
             Comitatu
             
               Devon.
               Marinarius
            
             ,
             nuper
             proprietarius
             dictae
             naviculae
             vocat
             
               the
               Mary
            
             ,
             &c.
             ac
             diversi
             alii
             pyratae
             ,
             &
             malefactores
             incogniti
             ,
             secundo
             die
             mensis
             Augusti
             ,
             anno
             Regni
             ,
             &c.
             in
             praedictis
             tribus
             navibus
             militaliter
             instructis
             tunc
             ,
             &c.
             
               as
               in
               fully
               set
               down
               in
            
             English
             .
          
           
             Now
             to
             shew
             further
             that
             the
             Cognizance
             of
             all
             matters
             happening
             upon
             these
             Ports
             ,
             and
             Havens
             ,
             did
             and
             doth
             belong
             unto
             the
             Jurisdiction
             of
             the
             Admiralty
             properly
             ,
             and
             entirely
             ,
             and
             to
             no
             other
             Jurisdiction
             ,
             I
             shall
             instance
             in
             one
             Record
             of
             many
             ,
             whereby
             it
             will
             appear
             that
             when
             the
             City
             of
             London
             (
             who
             by
             their
             Charter
             have
             more
             power
             and
             priviledge
             upon
             the
             River
             of
             Thames
             ,
             then
             any
             Judicatory
             whatsoever
             ,
             except
             the
             Admiralty
             )
             have
             endeavoured
             to
             take
             cognizance
             of
             matters
             of
             this
             nature
             ,
             
             the
             same
             have
             been
             demanded
             from
             them
             by
             the
             Admiralty
             Court.
             And
             that
             Record
             sheweth
             that
             one
             
               John
               Seaward
            
             being
             committed
             to
             the
             Counter
             in
             
               Woodstreet
               ,
               London
            
             ,
             for
             suspision
             of
             drowning
             a
             Boy
             in
             the
             River
             of
             Thames
             ,
             The
             Sheriff
             of
             the
             City
             of
             London
             was
             commanded
             by
             the
             Admiralty
             to
             bring
             the
             said
             Seaward
             ,
             before
             the
             said
             Court
             of
             the
             Admiralty
             ,
             upon
             the
             15th
             .
             of
             March
             ,
             in
             the
             30th
             .
             year
             of
             Queen
             Elizabeth
             ,
             which
             Precept
             was
             returned
             by
             
               Thomas
               Dixon
            
             on
             the
             behalf
             of
             the
             Sheriff
             of
             London
             ,
             together
             with
             the
             said
             
               John
               Seaward
            
             accordingly
             ,
             and
             the
             Precept
             and
             return
             thereof
             run
             in
             these
             words
             .
          
           
             
               
                 
                   
                     
                       Carolus
                       Dominus
                       Howarde
                       ,
                       Baro
                       de
                       Effingham
                       praeclari
                       ordinis
                       Garterii
                       Miles
                       ,
                       magnus
                       Admirallus
                       
                         Angliae
                         ,
                         Hiberniae
                      
                       &
                       Walliae
                       ,
                       ac
                       dominiorum
                       &
                       insularum
                       earundem
                       ,
                       villae
                       Callisiae
                       ,
                       &
                       marchiarum
                       ejusdem
                       ,
                       
                         Normanniae
                         ,
                         Gasconiae
                      
                       ,
                       &
                       Aquitaniae
                       ,
                       classisque
                       et
                       marium
                       dictorum
                       regnorum
                       Angliae
                       et
                       Hiberniae
                       praefectus
                       generalis
                       ,
                       ac
                       socii
                       nostri
                       Justiciarii
                       ad
                       omnes
                       et
                       singulas
                       proditiones
                       &c.
                       
                    
                     
                       ut
                       in
                       priori
                       Praecepto
                       in
                       hoc
                       capite
                       citato
                       Vicecomitibus
                       London
                       ,
                       nec
                       non
                       
                         Williemo
                         Blunt
                      
                       custodi
                       Computator
                       .
                       Anglice
                       
                         The
                         Counter
                      
                       ,
                       in
                       vico
                       dicto
                       Woodstreet
                       ,
                       seu
                       ejus
                       deputato
                       cuicunque
                       salutem
                       :
                    
                  
                   
                     Ex
                     parte
                     prefatae
                     Dom.
                     nostrae
                     Reginae
                     tibi
                     praecipimus
                     ,
                     et
                     mandamus
                     quotenus
                     non
                     ommitt
                     .
                     propter
                     aliquam
                     libertatem
                     ,
                     seu
                     Franchesiam
                     ,
                     quin
                     sub
                     poenâ
                     centum
                     librarum
                     de
                     bonis
                     vestris
                     quibus
                     cunque
                     ad
                     opus
                     et
                     usum
                     dictae
                     Dom.
                     nostrae
                     Reginae
                     et
                     nostrorum
                     levand
                     .
                     Wherry-man
                     super
                     suspitionem
                     submersionis
                     pueri
                     cujusdam
                     in
                     rivo
                     Thamiseos
                     ,
                     infra
                     Jurisdictionem
                     praed
                     .
                     apud
                     Southwark
                     in
                     praetorio
                     ,
                     ibidem
                     die
                     Veneris
                     Proximo
                     quindecimo
                     die
                     mensis
                     instantis
                     Martii
                     circa
                     horam
                     nonam
                     in
                     aurora
                     ,
                     unà
                     cum
                     causis
                     ejus
                     detentionis
                     ,
                     si
                     quae
                     coram
                     vobis
                     remanent
                     his
                     respondend
                     .
                     quae
                     sibi
                     ex
                     Parte
                     praefatae
                     Dom.
                     nostrae
                     Reginae
                     ,
                     cum
                     venerit
                     ,
                     objicientur
                     ;
                     &
                     hoc
                     ●illatenus
                     omittatis
                     sub
                     poena
                     praedicta
                     &
                     periculo
                     incumbenti
                     .
                  
                   
                     
                       Datum
                       Londini
                       in
                       suprema
                       curia
                       Admirallitatis
                       predicta
                       ,
                       sub
                       sigillo
                       ejusdem
                       curiae
                       
                         12th
                         .
                         die
                         
                           Martii
                           ,
                           Anno
                           Dom.
                        
                         1587.
                         stylo
                         Angliae
                         ,
                         Reginaeque
                         &c.
                         Anno
                         30.
                         
                      
                       Jul.
                       
                         Caesar
                         Hareward
                      
                       .
                       endorsat
                       .
                       
                         Thomas
                         Dixon
                      
                       ex
                       parte
                       Vicecomitis
                       London
                       introduxit
                       hoc
                       praeceptum
                       una
                       cum
                       retrodicto
                       
                         Joh.
                         Seaward
                      
                       ,
                       die
                       Veneris
                       15.
                       
                       Martii
                       ,
                       1587.
                       
                    
                  
                
              
            
          
           
             I
             might
             here
             take
             an
             occasion
             to
             set
             forth
             a
             number
             of
             Records
             of
             the
             Admiralty
             ,
             both
             of
             this
             time
             ,
             before
             it
             ,
             and
             since
             ,
             which
             would
             set
             forth
             the
             multiplicity
             of
             actions
             entered
             ,
             proceeded
             in
             ,
             and
             sentenced
             in
             the
             Admiralty
             Court
             ,
             for
             Injuries
             ,
             Wrongs
             and
             Trespasses
             done
             upon
             the
             River
             of
             Thames
             ,
             and
             other
             Ports
             and
             Havens
             ,
             and
             likewise
             shew
             that
             when
             parties
             have
             sued
             in
             the
             Courts
             of
             
               Guildhall
               London
            
             ,
             or
             other
             Courts
             ,
             for
             any
             matter
             of
             such
             injury
             ,
             wrong
             ,
             or
             trespass
             ,
             done
             unto
             them
             ,
             upon
             
             the
             River
             of
             Thames
             ,
             or
             such
             other
             Ports
             ,
             that
             they
             have
             been
             called
             into
             the
             Admiralty
             Court
             ,
             and
             there
             been
             proceeded
             against
             ,
             and
             punished
             for
             their
             contempt
             against
             that
             Court
             ;
             And
             if
             I
             should
             collect
             them
             altogether
             ,
             and
             here
             set
             them
             forth
             ,
             they
             would
             appear
             very
             many
             for
             one
             of
             the
             instances
             set
             down
             by
             Sir
             
               Edward
               Coke
            
             in
             his
             22th
             .
             Chapter
             of
             his
             fourth
             Book
             of
             his
             Institutes
             ,
             against
             the
             power
             and
             Jurisdiction
             of
             the
             Admiralty
             upon
             the
             Ports
             and
             Havens
             .
          
           
             And
             yet
             perhaps
             it
             may
             be
             said
             ,
             that
             herein
             the
             Admiralty
             had
             usurped
             a
             power
             which
             belonged
             not
             thereunto
             ;
             but
             when
             as
             many
             instances
             may
             be
             set
             against
             one
             ,
             it
             is
             easily
             judged
             on
             which
             side
             the
             usurpation
             lyeth
             ;
             But
             to
             decide
             the
             question
             more
             clearly
             ,
             I
             shall
             instance
             in
             some
             few
             of
             many
             of
             the
             Common
             Law
             's
             own
             Records
             ,
             which
             plainly
             determine
             this
             point
             of
             Jurisdiction
             upon
             the
             Ports
             ,
             and
             Havens
             ,
             against
             the
             instances
             brought
             by
             Sir
             
               Edward
               Coke
            
             in
             his
             said
             22th
             .
             Chapter
             against
             the
             Jurisdiction
             and
             Power
             of
             the
             Admiralty
             upon
             those
             places
             .
          
        
         
           
             CHAP.
             XVIII
             .
          
           
             That
             by
             Writs
             de
             Procedendo
             out
             of
             the
             Chancery
             ,
             upon
             Supersedeas
             from
             thence
             granted
             ,
             the
             Admiral
             is
             acknowledged
             to
             have
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             .
          
           
             WHat
             hath
             been
             already
             said
             ,
             I
             conceive
             might
             be
             sufficient
             ,
             to
             convince
             the
             Judgements
             of
             indifferent
             men
             ,
             that
             the
             Ports
             ,
             Creeks
             ,
             and
             Havens
             of
             the
             Sea
             ,
             are
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             and
             not
             within
             the
             Bodies
             of
             Counties
             .
             But
             ,
             because
             I
             know
             this
             Argument
             may
             meet
             with
             some
             particular
             Contradictors
             ,
             who
             will
             be
             apt
             rather
             to
             adhere
             to
             one
             President
             out
             of
             the
             Courtes
             at
             Westminster
             ,
             then
             be
             convinced
             by
             very
             many
             binding
             Authorities
             and
             Authentick
             Proofs
             of
             this
             nature
             ,
             I
             shall
             make
             this
             truth
             likewise
             evident
             by
             both
             Writs
             
               de
               procedendo
            
             ,
             awarded
             upon
             Writs
             of
             Supersedeas
             ,
             out
             of
             the
             Chancery
             ,
             and
             by
             Consultations
             awarded
             upon
             Prohibitions
             out
             of
             the
             Courts
             of
             Common
             Law.
             
          
           
             The
             Ship
             the
             Trinity
             of
             
               London
               ,
               alias
            
             the
             Trinity
             of
             Hull-bridge
             ,
             lying
             at
             Anchor
             upon
             the
             River
             of
             Thames
             ,
             belonging
             unto
             one
             
             
               Thomas
               Pierce
            
             ,
             was
             there
             arrested
             and
             taken
             into
             the
             possession
             of
             the
             Admirall
             ,
             and
             a
             Supersedeas
             was
             brought
             ;
             But
             
               Termino
               Mich.
               27th
               .
               Hen.
            
             8.
             a
             Writ
             
               de
               procedendo
            
             was
             awarded
             in
             these
             words
             .
          
           
             
               
                 
                   
                     
                       Henricus
                       octavus
                    
                     Dei
                     Gratiae
                     Angliae
                     ,
                     &
                     Franciae
                     Rex
                     a
                     fidei
                     defensor
                     ,
                     Dom.
                     Hiberniae
                     ,
                     &
                     in
                     terra
                     supremum
                     caput
                     Anglicanae
                     eccl
                     .
                     praeclarissimo
                     consanguineo
                     suo
                     ,
                     
                       Henrico
                       Duci
                       Richmond
                    
                     &
                     Som.
                     magno
                     Admirallo
                     
                       Angliae
                       ,
                       Walliae
                    
                     ,
                     &
                     
                       Hiberniae
                       ,
                       Normaniae
                       ,
                       Gasconiae
                       ,
                       Aquitaniae
                       ,
                    
                     ejusve
                     locum
                     tenenti
                     &
                     commissario
                     sal
                     .
                     Licet
                     nos
                     nuper
                     volentes
                     certis
                     de
                     causis
                     certiorari
                     super
                     causa
                     arrestationis
                     five
                     attachiamenti
                     cujusd
                     .
                     navis
                     vocat
                     .
                     the
                     Trinity
                     of
                     London
                     ,
                     aliàs
                     the
                     Trinity
                     of
                     Hullbridge
                     ,
                     una
                     cum
                     suo
                     apparatu
                     tunc
                     infra
                     Jurisdictionem
                     vestram
                     ,
                     ad
                     anchoram
                     residem
                     .
                     ad
                     quendam
                     
                       Thomam
                       Pers
                    
                     jure
                     dominii
                     sui
                     quasi
                     pertinentem
                     ,
                     sub
                     custodia
                     vestra
                     axistentem
                     ut
                     dicebatur
                     ,
                     vobis
                     mandavimus
                     quod
                     causam
                     praedictam
                     cum
                     omnibus
                     eam
                     tangentibus
                     quocunque
                     nomine
                     idem
                     Thomas
                     in
                     causa
                     illa
                     censeret
                     .
                     nobis
                     in
                     cancellariam
                     nostram
                     ad
                     certum
                     diem
                     in
                     brevi
                     nostro
                     contentum
                     ubicunque
                     tunc
                     foret
                     sub
                     sigillo
                     vostro
                     distinctè
                     &
                     aperte
                     mitteretis
                     &
                     breve
                     nostrum
                     praedictum
                     .
                     Quibusdam
                     tamen
                     certis
                     de
                     causis
                     coram
                     nobis
                     in
                     cancellaria
                     nostra
                     praepositis
                     mandamus
                     quod
                     in
                     causa
                     illa
                     cum
                     ea
                     celeritate
                     qua
                     jure
                     &
                     secundum
                     legem
                     &
                     consuetudinem
                     in
                     curia
                     Admirallitatis
                     Angliae
                     hactenus
                     usitatum
                     poteritis
                     ,
                     procedatis
                     Dicto
                     brevi
                     nostro
                     vobis
                     prius
                     in
                     contrarium
                     inde
                     directo
                     non
                     obstantc
                     .
                  
                   
                     
                       T.
                       meipso
                       apud
                       Westm
                       .
                       
                         14
                         die
                         ,
                         
                           Anno
                           dom
                        
                         .
                         vicesimo
                         Septimo
                         .
                      
                       M
                    
                     
                       Crumwell
                       .
                    
                  
                
              
            
          
           
             
               John
               Gilbert
            
             of
             Ratcliffe
             sued
             
               Thomas
               Linsey
            
             of
             Woolwitch
             ,
             Fisherman
             ,
             in
             the
             Admiralty
             Court
             for
             certain
             Wrongs
             and
             Injuries
             done
             unto
             him
             upon
             the
             River
             of
             
               Thames
               .
               Thomas
               Linsey
            
             suggesteth
             in
             Chancery
             ,
             that
             he
             was
             there
             sued
             
               
                 pro
                 diversis
                 negotiis
                 ,
                 contractibus
                 ,
                 &
                 querelis
                 ,
                 ac
                 aliis
                 rebus
                 infra
                 corpus
                 Comitatus
              
               Cantiae
               
                 factis
                 ,
                 &
                 emergentibus
              
               ,
            
             and
             obtaineth
             a
             b
             
               Supersedeas
               :
               John
               Gilbert
            
             being
             dead
             ,
             Dyonisia
             ,
             his
             relict
             ,
             
               Termino
               Hillarii
               ,
               36.
               
               Hen.
            
             8
             had
             a
             Writ
             
               de
               procedendo
            
             ,
             which
             I
             have
             here
             set
             down
             .
          
           
             
               
                 
                   
                     
                       Henricus
                       octavus
                       c
                       Dei
                       gratia
                       ,
                       
                         Angliae
                         ,
                         Franciae
                      
                       ,
                       &
                       Hiberniae
                       Rex
                       ,
                       fidei
                       defensor
                       ,
                       &
                       in
                       terra
                       Ecclesiae
                       Anglicanae
                       &
                       Hiberniae
                       superemum
                       caput
                       ,
                    
                     
                       Charissimo
                       consanguineo
                       &
                       consiliario
                       suo
                       Joh.
                       Vicecomiti
                       Lisle
                       ,
                       ordinis
                       Garterii
                       nostri
                       militi
                       ,
                       Baroni
                       de
                       Malpas
                       &
                       Somerseii
                       ,
                       Domino
                       Basset
                       &
                       Tyasse
                       ,
                       magno
                       Admirallo
                       nostro
                       
                         Angliae
                         ,
                         Hiberniae
                         ,
                         Walliae
                      
                       ,
                       Villae
                       &
                       Merchiarum
                       nostrarum
                       Cales
                       ,
                       nec
                       non
                       
                         Gasconiae
                         ,
                         Aquitaniae
                      
                       ejùsve
                       in
                       Curiâ
                       nostrâ
                       principali
                       Admiralitatis
                       nostrae
                       Angliae
                       locum
                       tenenti
                       ,
                       officiali
                       &
                       Commissario
                       generali
                       ,
                       seu
                       alii
                       ejusdem
                       Curiae
                       nostrae
                       
                       praesidi
                       cuicunque
                       &
                       eorum
                       cuilibet
                       salutem
                       .
                    
                  
                   
                     Cum
                     nuper
                     ex
                     parte
                     Dionisiae
                     relictae
                     ,
                     &
                     Executricis
                     
                       Johannis
                       Gilbert
                    
                     dum
                     vixit
                     de
                     Ratcliffe
                     in
                     Comitatu
                     nostro
                     Middlesexiae
                     defuncti
                     nobis
                     graviter
                     conquerendo
                     monstratum
                     extitit
                     quod
                     cum
                     idem
                     Johannes
                     dum
                     vixit
                     quendam
                     
                       Thomam
                       Lindsey
                    
                     de
                     Woolwich
                     in
                     Comitatu
                     nostro
                     
                       Cantiae
                       ,
                       Fisherman
                    
                     ,
                     de
                     &
                     super
                     quodam
                     contractu
                     civili
                     &
                     maritimo
                     pro
                     quibusdam
                     rebus
                     &
                     injuriis
                     aliis
                     eidem
                     Johanni
                     infra
                     nostram
                     Jurisdictionem
                     dictae
                     Admiralitatis
                     nostrae
                     Angliae
                     super
                     publico
                     flumine
                     Rivi
                     nostri
                     Thamisiae
                     infra
                     fluxum
                     &
                     refluxum
                     maris
                     ,
                     ultra
                     pontem
                     Civitatis
                     nostrae
                     London
                     versus
                     mare
                     ,
                     initis
                     ,
                     habitis
                     ,
                     factis
                     &
                     illatis
                     ,
                     secundum
                     d●bitam
                     legis
                     formam
                     ,
                     &
                     consuetudinem
                     Curiae
                     nostrae
                     Admiralitatis
                     praedictae
                     ,
                     coram
                     vobis
                     in
                     eadem
                     Curia
                     implitaverit
                     ,
                     quòdque
                     idem
                     
                       Thomas
                       Lindsey
                       cognitionem
                    
                     ejusdem
                     Curiae
                     nostrae
                     Admiralitatis
                     in
                     ea
                     parte
                     fraudulenter
                     &
                     maliciose
                     satagens
                     ,
                     declinare
                     &
                     debitum
                     legis
                     processum
                     ibidem
                     minus
                     juste
                     impedire
                     ,
                     suggerens
                     inter
                     alia
                     coram
                     nobis
                     in
                     Curia
                     Chancellariae
                     nostrae
                     quod
                     vos
                     eundem
                     Thomam
                     ad
                     respondendum
                     praefato
                     Johanni
                     dum
                     Vixit
                     coram
                     vobis
                     in
                     dicta
                     Curia
                     nostra
                     Admiralitatis
                     nostrae
                     Angliae
                     praedictae
                     de
                     diversis
                     negotiis
                     ,
                     contractibus
                     &
                     querelis
                     ,
                     ac
                     aliis
                     rebus
                     infra
                     corpus
                     dicti
                     Comitatus
                     nostri
                     Cantiae
                     ,
                     factis
                     &
                     emergentibus
                     ,
                     graviter
                     distrinxistis
                     &
                     multipliciter
                     inquietastis
                     minus
                     juste
                     in
                     ipsius
                     Thomae
                     dampnum
                     non
                     modicum
                     &
                     gravamen
                     ,
                     ac
                     contra
                     statutum
                     Domini
                     Richardi
                     nuper
                     Regis
                     Angliae
                     post
                     Conquestum
                     secundi
                     anno
                     regni
                     sui
                     quinto
                     decimo
                     apud
                     Westm
                     editi
                     .
                     Et
                     eo
                     praetextu
                     dictus
                     Thomas
                     brevem
                     nostrum
                     de
                     supersedendo
                     datum
                     apud
                     Westm
                     .
                     vicesimo
                     septimo
                     die
                     Maii
                     ,
                     Anno
                     Regni
                     nostri
                     tricesimo
                     quinto
                     vobis
                     minus
                     rite
                     dirigi
                     procuravit
                     ,
                     cujus
                     quidem
                     brevis
                     nostri
                     vigore
                     ,
                     vos
                     in
                     placito
                     praedicto
                     huc
                     usque
                     supersedistis
                     in
                     dispendium
                     .
                     Ideo
                     quibusdam
                     certis
                     de
                     causis
                     coram
                     nobis
                     in
                     dicta
                     Cancellaria
                     nostra
                     propositis
                     ,
                     nos
                     in
                     ea
                     parte
                     juste
                     moventibus
                     ,
                     &
                     maxime
                     pro
                     eo
                     quod
                     dictum
                     brevem
                     nostrum
                     de
                     supersedendo
                     ab
                     eadem
                     Curia
                     Chancellariae
                     nostrae
                     improvide
                     emanavit
                     ,
                     quia
                     dictus
                     Thomas
                     pro
                     rebus
                     &
                     injuriis
                     infra
                     nostram
                     Jurisdictionem
                     Admiralitatis
                     nostrae
                     praedictae
                     factis
                     &
                     emergentlbus
                     juste
                     tractatus
                     existit
                     ,
                     prout
                     per
                     quendam
                     libellum
                     coram
                     vobis
                     in
                     dicta
                     Curia
                     nostra
                     Admiralitatis
                     nostrae
                     praedictae
                     oblatum
                     ,
                     &
                     responsiones
                     dicti
                     
                       Thomae
                       Lendsey
                    
                     ad
                     positiones
                     ejusdem
                     ibidem
                     virtute
                     sui
                     praestiti
                     juramenti
                     facti
                     ,
                     &
                     coram
                     nobis
                     in
                     dictâ
                     Cancellaria
                     nostra
                     ostensas
                     plenius
                     apparet
                     .
                     Nos
                     nolentes
                     quòd
                     per
                     hujusmodl
                     malitiam
                     &
                     suggestionem
                     cognitio
                     in
                     praefata
                     Curia
                     nostra
                     Admiralitatis
                     nostrae
                     Angliae
                     taliter
                     derogetur
                     ,
                     vobis
                     mandamus
                     quod
                     in
                     placito
                     illo
                     secundum
                     legem
                     &
                     consuetudinem
                     dictae
                     Curiae
                     nostrae
                     Admiralitatis
                     nostrae
                     Angliae
                     praedictae
                     procedatis
                     ,
                     &
                     partibus
                     praedictis
                     justitiae
                     complementum
                     in
                     ea
                     parte
                     haberi
                     &
                     ministrari
                     faciatis
                     cum
                     effectu
                     dicto
                     brevi
                     nostro
                     ,
                     aut
                     aliqua
                     alia
                     prohibitione
                     vobis
                     inde
                     in
                     contrarium
                     direct
                     .
                     in
                     aliquo
                     non
                     obstanti
                  
                   
                     
                       T.
                       meipso
                       apud
                       Westm
                       .
                       
                         xix
                         .
                         die
                         Februarii
                         Anno
                         regni
                         nostri
                         tricesimo
                         sexto
                         .
                      
                    
                     
                       Southwel
                       .
                    
                  
                
              
            
          
           
           
             Now
             it
             is
             plain
             this
             was
             an
             Action
             brought
             in
             the
             Admiralty
             for
             ,
             or
             concerning
             certain
             things
             and
             injuries
             done
             unto
             the
             Agent
             ,
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ;
             and
             the
             place
             which
             is
             here
             said
             to
             be
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             is
             a
             Port
             or
             Haven
             ,
             set
             down
             in
             express
             words
             ,
             viz.
             the
             publick
             River
             of
             Thames
             within
             the
             ebbing
             and
             flowing
             of
             the
             Sea
             ,
             beyond
             
               London
               Bridge
            
             towards
             the
             Sea
             ,
             
               infra
               Jurisdictionem
               Admiralitatis
            
             Angliae
             ,
             
               super
               publico
               flumine
               Rivi
            
             Thamisiae
             
               infra
               fluxum
               et
               refluxum
               maris
               ,
               ultra
               pontem
               Civitatis
            
             London
             ,
             
               versus
               mare
               ,
               &c.
            
             
             And
             this
             Action
             is
             likewise
             there
             said
             to
             be
             brought
             according
             to
             due
             form
             of
             law
             and
             custome
             of
             the
             Admiralty
             Court
             ,
             
               secundam
               debitam
               legis
               formam
               et
               consuetudinem
               Curiae
               nostrae
               Admiralitatis
               praedictae
               coram
               vobis
               in
               eâdem
               Curiâ
               implacitaverit
               .
            
             And
             Lindsey
             for
             suggesting
             these
             injuries
             done
             upon
             the
             River
             of
             Thames
             ,
             to
             be
             done
             in
             the
             body
             of
             the
             County
             of
             Kent
             ,
             is
             said
             to
             have
             endeavoured
             fraudulently
             and
             maliciously
             to
             decline
             the
             cognizance
             of
             the
             Court
             of
             the
             Admiralty
             ,
             and
             unjustly
             to
             hinder
             the
             due
             course
             of
             Law
             there
             :
             
               Cognitionem
               ejusdem
               Curiae
               nostrae
               Admiralitatis
               in
               eâ
               parte
               fraudulenter
               et
               malitiosè
               satagens
               declinare
               et
               debitum
               legis
               praecessum
               ibidem
               minus
               justè
               impedire
               .
            
             And
             he
             is
             said
             unlawfully
             to
             have
             procured
             that
             Writ
             of
             Supersedeas
             to
             be
             directed
             to
             that
             Court
             ,
             
               breve
               nostrum
               de
               supersedendo
               vobis
               minus
               ritè
               dirigi
               procuravit
               .
            
             And
             that
             Writ
             of
             Supersedeas
             is
             said
             to
             have
             gone
             out
             rashly
             and
             unadvisedly
             ,
             
               improvide
               emanavit
            
             ,
             because
             Lindsey
             was
             justly
             sued
             there
             for
             things
             and
             injuries
             done
             and
             arising
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             
               pro
               rebus
               &
               injuiis
               infra
               nostram
               jurisdictionem
               Admiralitatis
               nostrae
               praedictae
               factis
               et
               emergentibus
               ,
               juste
               tractatus
               extitit
               .
            
             And
             it
             is
             there
             declared
             ,
             that
             the
             Cognizance
             of
             the
             Admiralty
             Court
             shall
             not
             by
             such
             malice
             and
             suggestion
             be
             wronged
             ,
             
               Nolentes
               quod
               per
               hujusmodi
               militiam
               et
               suggestionem
               ,
               cognitio
               in
               praefata
               Curia
               nostra
               Admiralitatis
               nostrae
            
             Angliae
             
               taliter
               derogetur
            
             :
             And
             the
             Court
             commanded
             to
             proceed
             according
             to
             law
             ,
             &c.
             notwithstanding
             the
             Supersedeas
             or
             any
             other
             Prohibition
             directed
             to
             the
             contrary
             .
          
           
             So
             by
             these
             Writs
             
               de
               procedendo
            
             out
             of
             the
             Chancery
             ,
             the
             Admiral
             is
             acknowledged
             to
             have
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             ;
             and
             many
             more
             of
             the
             same
             nature
             might
             be
             instanced
             in
             ,
             which
             for
             brevity
             sake
             I
             omit
             .
          
        
         
           
           
             CHAP.
             XIX
             .
          
           
             That
             by
             Consultations
             out
             of
             the
             Courts
             of
             Common
             Law
             ,
             upon
             Prohibitions
             thence
             granted
             ,
             it
             is
             clear
             the
             Admiral
             hath
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             .
          
           
             AS
             it
             is
             manifest
             by
             Writs
             
               de
               procedendo
            
             ,
             out
             of
             the
             Chancery
             upon
             Writs
             of
             Supersedeas
             thence
             granted
             ,
             that
             the
             Admiral
             hath
             jurisdiction
             upon
             the
             Ports
             and
             Havens
             ;
             so
             it
             is
             likewise
             evident
             by
             consultations
             out
             of
             the
             Common
             Law
             Courts
             at
             Westminster
             ,
             upon
             Prohibitions
             from
             thence
             upon
             false
             suggestions
             granted
             ;
             that
             the
             Admirals
             power
             and
             authority
             doth
             extend
             unto
             the
             cognizance
             of
             such
             causes
             as
             do
             from
             thence
             arise
             ▪
             some
             of
             which
             I
             shall
             instance
             in
             .
          
           
             Patrick
             Landy
             of
             Broheda
             in
             Ireland
             sued
             Richard
             Prideaux
             
               in
               the
               Admiralty
               Court
            
             pro
             qu●●quaginta
             les
             dicars
             pellium
             salsorum
             ,
             
               libelling
               that
               the
               said
            
             Richa●d
             Prideaux
             had
             infra
             fluxum
             &
             refluxum
             maris
             
               received
               and
               taken
               into
               his
               hands
               and
               possession
               ,
               the
               Goods
               and
               Merchandises
               aforesaid
               ,
               and
               kept
               the
               same
               ,
               or
               otherwise
               had
               de
               eitfully
               alienated
               them
               ,
               or
               disposed
               of
               them
               ,
            
             ipsum
             
               Richardum
               Prideaux
            
             bona
             res
             &
             merces
             &c.
             in
             manus
             et
             possessionem
             sui
             ipsius
             Richardi
             infra
             fluxum
             et
             refluxum
             maris
             accepiss●
             et
             sumpsisse
             ,
             eademq
             ,
             tunc
             penes
             se
             hab●●sse
             ,
             seu
             saltem
             eadem
             dolo
             malo
             alienasse
             .
          
           
             Prideaux
             suggesteth
             that
             these
             fifty
             Dickers
             of
             Hides
             being
             in
             certain
             Warehouses
             at
             Padstow
             in
             the
             County
             of
             
               Cornwall
               ,
               infra
               corpus
               ejusdem
               C●nut●ûs
               ,
            
             were
             by
             
               George
               Syddenham
            
             and
             
               George
               Francis
            
             there
             sold
             and
             delivered
             unto
             him
             ,
             and
             by
             him
             received
             and
             kept
             ,
             and
             convetted
             to
             his
             own
             use
             ,
             and
             that
             he
             was
             unjustly
             vexed
             and
             sued
             in
             the
             Admiralty
             Court
             for
             the
             same
             ,
             contrary
             to
             the
             Statutes
             of
             13
             and
             15
             of
             R
             2.
             and
             obtained
             a
             Prohibition
             .
          
           
             But
             the
             matter
             being
             argued
             in
             Court
             ,
             and
             the
             Goods
             and
             Merchandises
             being
             found
             to
             have
             been
             in
             the
             possession
             of
             the
             said
             Prideaux
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             viz.
             within
             the
             ebbing
             and
             flowing
             of
             the
             Sea
             ,
             19
             die
             Junii
             38
             Eliz.
             a
             Consultation
             was
             awarded
             ,
             which
             saith
             ,
             
               Quia
               tamen
               Justiciariis
               nostris
               apud
            
             Westmon
             .
             
               per
               debitam
               Examinationem
               in
               hac
               parte
               factam
               ,
               satis
               constat
               quod
               praedicta
               Curia
               nostra
               Admiralitatis
               in
               hujusmodi
               placitis
               ,
               dummodo
               res
               sic
               se
               habeant
               ,
               aliqualiter
               in
               eisdem
               impediriseu
               retardari
               non
               debeat
               .
            
             The
             Consultation
             I
             shall
             here
             set
             down
             at
             large
             ,
             whereby
             both
             the
             Libel
             ,
             Suggestion
             ,
             Prohibition
             and
             Consultation
             will
             appear
             .
          
           
             
             
               
                 
                   
                     Elizabetha
                     Dei
                     gratiâ
                     ,
                     
                       Angliae
                       ,
                       Franciae
                    
                     ,
                     &
                     Hiberniae
                     Regina
                     ,
                     fidei
                     defensor
                     ,
                     &c.
                     venerabili
                     viro
                     
                       Julio
                       Caesari
                    
                     legum
                     Doctori
                     supremae
                     Curiae
                     Admiralitatis
                     Angliae
                     locum
                     tenenti
                     ,
                     aut
                     alio
                     fudici
                     in
                     hac
                     parte
                     cuicunque
                     ejusdem
                     Curiae
                     salutem
                     .
                     Cum
                     nuper
                     ostensum
                     est
                     nobis
                     quod
                     in
                     statuto
                     in
                     Parliamento
                     Domini
                     Richardi
                     nuper
                     Regis
                     Angliae
                     secundi
                     post
                     Conquestum
                     ,
                     apud
                     Westm
                     ,
                     anno
                     Regni
                     sui
                     tertio
                     decimo
                     tent
                     .
                     edit
                     .
                     inter
                     alia
                     inactiatum
                     fuisset
                     authoritate
                     ejusdem
                     Parliamenti
                     quod
                     Admiralli
                     &
                     eorum
                     deputati
                     se
                     ex
                     tunc
                     de
                     aliqua
                     re
                     facta
                     infra
                     regnum
                     Angliae
                     nisi
                     solummodo
                     de
                     rebus
                     factis
                     super
                     altum
                     mare
                     ,
                     prout
                     tempore
                     Domini
                     Edwardi
                     quondam
                     Regis
                     Angliae
                     ,
                     avi
                     praedicti
                     quondam
                     Regis
                     Richardi
                     secundi
                     debite
                     usum
                     fuisset
                     ,
                     nullatenus
                     intro-mittant
                     .
                     Cumque
                     etiam
                     per
                     quendam
                     alium
                     actum
                     in
                     Parliamento
                     praedicti
                     quondam
                     Regis
                     Richardi
                     secundi
                     anno
                     regni
                     sui
                     quinto
                     decimo
                     tent
                     .
                     edit
                     .
                     inter
                     caetera
                     declarat
                     .
                     ordinat
                     .
                     &
                     stabilit
                     .
                     extitisset
                     authoritate
                     ejusdem
                     Parliamenti
                     quod
                     de
                     omnibus
                     contractibus
                     ,
                     placitis
                     &
                     querelis
                     ,
                     &
                     de
                     omnibus
                     rebus
                     factis
                     sive
                     emmergentibus
                     infra
                     corpus
                     Comitatus
                     tam
                     per
                     terram
                     quam
                     per
                     aquam
                     ;
                     ac
                     etiam
                     de
                     wrecco
                     maris
                     Curia
                     Admiralitatis
                     nullam
                     habeat
                     cognitionem
                     ,
                     potestatem
                     nec
                     jurisdictionem
                     :
                     sed
                     quod
                     sint
                     omnia
                     hujusmodi
                     contractus
                     placita
                     &
                     querelae
                     ,
                     atque
                     omnia
                     alia
                     emergentia
                     in
                     corpus
                     Comitatus
                     ,
                     tam
                     per
                     terram
                     quam
                     per
                     aquam
                     ,
                     ut
                     praedictum
                     est
                     ,
                     ac
                     etiam
                     Wreccum
                     maris
                     triat
                     .
                     terminat
                     .
                     discuss
                     .
                     &
                     remediat
                     .
                     per
                     leges
                     terrae
                     ,
                     &
                     non
                     coram
                     Admirallo
                     ,
                     nec
                     per
                     Admirallum
                     ,
                     nec
                     ejus
                     locum
                     tenent
                     .
                     quovis
                     modo
                     ,
                     ac
                     nuper
                     ex
                     insinuatione
                     
                       Richardi
                       Prideaux
                    
                     de
                     Padstow
                     in
                     Comitatu
                     Cornubiae
                     Generosi
                     accepimus
                     &
                     intelleximus
                     quod
                     quidam
                     
                       Patricius
                       Landy
                    
                     de
                     Broheda
                     in
                     regno
                     nostro
                     Hiberniae
                     mercator
                     ,
                     statuta
                     &
                     leges
                     praedicta
                     minime
                     ponderans
                     ,
                     sed
                     machinans
                     ipsum
                     Richardum
                     contra
                     debitam
                     legis
                     hujus
                     regni
                     Angliae
                     formam
                     ,
                     &
                     contra
                     vim
                     ,
                     tenorem
                     &
                     effectum
                     statutorum
                     praedictorum
                     .
                     Et
                     de
                     &
                     pro
                     quibusdam
                     bonis
                     rebus
                     &
                     mercibus
                     ,
                     viz.
                     quinquaginta
                     Lez
                     .
                     Dickers
                     pellium
                     salsorum
                     eidem
                     Richard.
                     per
                     quosdam
                     
                       Georgium
                       Sydenham
                    
                     &
                     
                       Georgium
                       Francis
                    
                     apud
                     Villam
                     de
                     Padstow
                     in
                     Comitatu
                     nostro
                     Cornubiae
                     in
                     quibusdam
                     domibus
                     vocat
                     .
                     Waterhouses
                     ibidem
                     infra
                     corpus
                     ejusdem
                     Comitatus
                     ,
                     &
                     non
                     super
                     altum
                     mare
                     venditis
                     ac
                     deliberatis
                     ,
                     ac
                     per
                     ipsum
                     Richardum
                     ibidem
                     receptis
                     habitis
                     &
                     detentis
                     ,
                     &
                     ad
                     upsum
                     suum
                     proprium
                     conversis
                     ,
                     ac
                     pro
                     ejusdem
                     captione
                     ,
                     possessione
                     ,
                     conversione
                     ,
                     &
                     detentione
                     eorundem
                     indebitè
                     &
                     injuste
                     gravare
                     ,
                     opprimere
                     &
                     fatigare
                     ipsum
                     Richard.
                     pro
                     eisdem
                     rebus
                     &
                     mercibus
                     ,
                     ac
                     pro
                     praedictis
                     captione
                     ,
                     possessione
                     ,
                     conversione
                     &
                     detentione
                     eorundem
                     inter
                     alia
                     bona
                     res
                     &
                     merces
                     per
                     praefatum
                     Patricium
                     in
                     eâdem
                     Curiâ
                     coram
                     vobis
                     libellando
                     spec
                     .
                     indebitè
                     injustè
                     gravare
                     ,
                     oppimere
                     &
                     fatigare
                     ipsum
                     Ricardum
                     pro
                     eisdem
                     rebus
                     &
                     mercibus
                     ac
                     aliis
                     ,
                     ac
                     pro
                     praedictorum
                     captione
                     ,
                     possessione
                     ,
                     conversione
                     ,
                     &
                     detentione
                     eorundem
                     in
                     Curiâ
                     Admirallitatis
                     coram
                     vobis
                     aut
                     alio
                     judice
                     in
                     hac
                     parte
                     competente
                     quocunque
                     vestrum
                     locum
                     tenente
                     traxit
                     in
                     placitum
                     caute
                     ,
                     false
                     ,
                     &
                     subdole
                     in
                     
                     eâdem
                     Curiâ
                     Admirallitatis
                     coram
                     vobis
                     aut
                     aliquo
                     vestrum
                     libellando
                     ,
                     querelando
                     ,
                     &
                     allegando
                     eundem
                     
                       Richardum
                       Prideaux
                    
                     ,
                     bona
                     ,
                     res
                     &
                     merces
                     per
                     praefatum
                     Patricium
                     in
                     eadem
                     Curia
                     ,
                     coram
                     vobis
                     sic
                     libellando
                     specifice
                     in
                     manus
                     ,
                     &
                     possessionem
                     sui
                     ipsius
                     Richardi
                     infra
                     fluxum
                     &
                     refluxum
                     maris
                     accepisse
                     ,
                     &
                     sumpsisse
                     eadem
                     ,
                     tunc
                     penes
                     se
                     habuisse
                     ,
                     seu
                     saltem
                     eadem
                     dolo
                     alienasse
                     ,
                     eundumque
                     Richardum
                     in
                     eadem
                     Curia
                     coram
                     vobis
                     vel
                     aliquo
                     vestrum
                     ,
                     occasione
                     praedicta
                     comparere
                     ,
                     &
                     eidem
                     Patricio
                     ibidem
                     de
                     &
                     in
                     praemissis
                     respondere
                     tanquam
                     in
                     causa
                     civili
                     &
                     maritima
                     ,
                     licet
                     eadem
                     bona
                     ,
                     res
                     &
                     merces
                     eidem
                     Richardo
                     in
                     forma
                     praedicta
                     vendita
                     &
                     deliberata
                     vicesimo
                     die
                     Februarii
                     ,
                     anno
                     regni
                     nostri
                     tricesimo
                     tertio
                     ,
                     apud
                     praedictam
                     villam
                     de
                     Padstow
                     praedictam
                     infra
                     praedictum
                     corpus
                     Comitatus
                     Cornubiae
                     praedictae
                     ;
                     &
                     non
                     super
                     altum
                     mare
                     per
                     praefatum
                     
                       Georgium
                       Sydenham
                    
                     &
                     
                       Georgium
                       Francis
                    
                     eidem
                     
                       Richardo
                       Prideaux
                    
                     ,
                     ad
                     opus
                     &
                     usum
                     ejusdem
                     Richardi
                     deliberata
                     fuere
                     ,
                     minus
                     juste
                     abstrinxit
                     :
                     Ac
                     licet
                     Richard.
                     idem
                     materiam
                     superius
                     contentam
                     in
                     praedicta
                     Curia
                     Admiralitatis
                     coram
                     vobis
                     alióve
                     Judice
                     antedicto
                     in
                     exonerationem
                     ipsius
                     Richardi
                     in
                     praemissis
                     sepius
                     placita
                     verit
                     &
                     allegaverit
                     ,
                     ac
                     illam
                     inevitabili
                     veritate
                     &
                     testimonio
                     probare
                     ibidem
                     obtulerit
                     ,
                     vos
                     tamen
                     aliusve
                     judex
                     dictae
                     Cu●●ae
                     Admiralitatis
                     antedictae
                     ,
                     placitum
                     ,
                     &
                     allegationem
                     admittere
                     penitus
                     recusastis
                     seu
                     recusavit
                     ,
                     praedictusque
                     Patricius
                     ipsum
                     Richardum
                     in
                     bonis
                     ,
                     rebus
                     &
                     mercibus
                     praedictis
                     in
                     forma
                     praedicta
                     venditis
                     &
                     deliberatis
                     nec
                     non
                     in
                     expensis
                     ex
                     parte
                     ,
                     &
                     per
                     partem
                     praedicti
                     Patricii
                     ,
                     &
                     suorum
                     sociorum
                     sive
                     complicum
                     in
                     eadem
                     Curia
                     Admiralitatis
                     fact
                     .
                     condemnari
                     &
                     condemnatum
                     ad
                     effectualem
                     solutionem
                     eorundem
                     cogi
                     &
                     compelli
                     per
                     vos
                     aut
                     alium
                     Judicem
                     Curiae
                     illius
                     ,
                     &
                     per
                     vestram
                     vel
                     ejus
                     diffinitivam
                     sententiam
                     sive
                     finale
                     decretum
                     totis
                     suis
                     viribus
                     conatur
                     ,
                     &
                     indies
                     machinatur
                     ,
                     vosque
                     statuta
                     praedicta
                     mimime
                     ponderantes
                     placitum
                     praedictum
                     de
                     &
                     super
                     praemissis
                     coram
                     vobis
                     alióve
                     judice
                     antedicto
                     nuper
                     tenuistis
                     ,
                     vel
                     ad
                     tunc
                     tenebatis
                     ,
                     sic
                     diffinitivam
                     vestram
                     sententiam
                     &
                     finale
                     decretum
                     inde
                     fulminare
                     &
                     pronunciare
                     properavistis
                     seu
                     pro
                     peravit
                     in
                     nostri
                     contemptum
                     &
                     ipsius
                     dampnum
                     non
                     modicum
                     &
                     gravamen
                     ,
                     &
                     contra
                     formam
                     &
                     effectum
                     statutorum
                     praedictorum
                     ,
                     unde
                     idem
                     Richardus
                     in
                     Curia
                     nostra
                     coram
                     Justiciariis
                     nostris
                     apud
                     Westm
                     .
                     auxilium
                     &
                     munificentiam
                     nostram
                     humillime
                     implorando
                     supplicasset
                     sibi
                     de
                     remedio
                     congruo
                     provideri
                     per
                     quod
                     nos
                     jura
                     coronae
                     nostrae
                     regiae
                     ,
                     ac
                     leges
                     &
                     statuta
                     regni
                     nostri
                     Angliae
                     prout
                     vinculo
                     juramenti
                     astringebamur
                     manutenere
                     volentes
                     ,
                     ac
                     contra
                     eadem
                     volentes
                     ligeos
                     nostros
                     sectis
                     vel
                     suspensionibus
                     violari
                     aut
                     inquietari
                     illicitis
                     ,
                     vobis
                     &
                     cuilibet
                     vestrum
                     per
                     brevem
                     nostrum
                     prohiberemus
                     &
                     praeceperimus
                     firmiter
                     injungendo
                     ne
                     ulterius
                     placitunt
                     praedictum
                     seu
                     quicquid
                     aliud
                     praemissa
                     aliqualit
                     .
                     tangent
                     .
                     seu
                     tangens
                     versus
                     praefatum
                     Richardum
                     ulterius
                     teneretis
                     ,
                     seu
                     aliquis
                     vestrum
                     teneret
                     quovismodo
                     ,
                     nec
                     quicquam
                     inde
                     attemptaretis
                     vel
                     attemptari
                     procuraretis
                     quod
                     ipsius
                     Richardi
                     praejudicium
                     aut
                     nostri
                     seu
                     coronae
                     nostrae
                     Regiae
                     ,
                     aut
                     legis
                     
                     &
                     consuet
                     .
                     vel
                     statutorum
                     regni
                     nostri
                     Angliae
                     contemptum
                     sive
                     derogationem
                     cadere
                     valeret
                     quovismod
                     ,
                     ac
                     de
                     ipso
                     Richardo
                     occasione
                     hujusmodi
                     placiti
                     citando
                     ,
                     excommunicando
                     ,
                     molestestando
                     in
                     aliquo
                     seu
                     gravando
                     supersederetis
                     &
                     desisteretis
                     ,
                     &
                     quilibet
                     vestrum
                     supersederet
                     &
                     desistereret
                     omnino
                     ipsum
                     Richardum
                     penitus
                     absolventes
                     &
                     exonerantes
                     de
                     eisdem
                     .
                  
                   
                     Quia
                     Justiciariis
                     nostris
                     apud
                     Westmon
                     .
                     per
                     debitam
                     Examinationem
                     in
                     hac
                     parte
                     factam
                     satis
                     constat
                     quod
                     praedicta
                     Curia
                     nostra
                     Admiralitatis
                     in
                     hujusmodi
                     placitis
                     dummodo
                     res
                     sic
                     se
                     habeant
                     aliqualiter
                     in
                     eisdem
                     impedire
                     seu
                     retardari
                     non
                     debeat
                     ,
                     at
                     quod
                     praedictus
                     Patricius
                     brevem
                     nostrum
                     de
                     consultatione
                     vobis
                     dirigendum
                     in
                     causa
                     praedicta
                     habeat
                     ;
                     Ideo
                     vobis
                     mandamus
                     quod
                     praedictus
                     Patricius
                     in
                     causa
                     sua
                     praedicta
                     in
                     praedicta
                     Curia
                     nostra
                     Admiralitatis
                     praedictae
                     licitè
                     procedere
                     &
                     facere
                     valeat
                     quod
                     ad
                     praedictam
                     Curiam
                     nostram
                     Admiralitatis
                     noveritis
                     pertinere
                     praedicto
                     brevi
                     nostro
                     de
                     prohibitione
                     utcunque
                     inde
                     forma
                     praedicta
                     directo
                     in
                     aliquo
                     non
                     obstanti
                     .
                     
                  
                   
                     
                       
                         T.
                         E.
                         Anderson
                      
                       apud
                       Westmon
                       .
                       
                         decimo
                         nono
                         die
                         Junii
                         Anno
                         regni
                         nostri
                         tricesimo
                         octavo
                         .
                      
                    
                     
                       Culwicke
                       Scott
                       .
                    
                  
                
              
            
          
           
             Shortly
             after
             the
             granting
             of
             this
             Consultation
             by
             the
             Lord
             Chief
             Justice
             Anderson
             ,
             and
             before
             the
             cause
             could
             come
             to
             hearing
             ,
             or
             to
             be
             fully
             determined
             in
             the
             Admiralty
             Court
             ,
             Prideaux
             upon
             the
             same
             Suggestion
             procureth
             another
             Prohibition
             from
             the
             Lord
             Chief
             Justice
             Popham
             ,
             and
             thereby
             again
             stayed
             the
             proceedings
             in
             the
             Admiralty
             Court
             ,
             untill
             the
             41th
             year
             of
             the
             Queen
             .
             But
             in
             that
             year
             
               vicesimo
               septimo
               die
            
             Junii
             ,
             upon
             reexamination
             of
             the
             poynt
             ,
             another
             Consulation
             was
             awarded
             agreeable
             with
             the
             former
             ;
             and
             the
             Admiralty
             Court
             was
             then
             a
             second
             time
             set
             free
             to
             determine
             the
             Cause
             in
             these
             more
             express
             words
             :
             
               Ideo
               vobis
               mandamus
               quod
               praedictus
            
             Patricius
             
               in
               causa
               praedicta
               quoad
               omnes
               hujusmodi
               res
               &
               contractus
               praedict
               .
               super
               altum
               mare
               ,
               vel
               super
               ejus
               necessaria
               dependentia
               ,
               Ita
               quod
               vos
               vel
               praedictus
            
             Patricius
             
               de
               aliquibus
               rebus
               ,
               contractibus
               infra
               corpus
               alicujus
               Comitatus
               regni
               nostri
            
             Angliae
             
               factis
               ne
               intromittatis
               ,
               &c.
               in
               Curia
               Admiralitatis
               praedictae
               coram
               vobis
               ,
               seu
               aliquo
               vestrum
               licite
               procedere
               &
               facere
               valeat
               ,
               &c.
               
            
          
           
             Now
             here
             doth
             this
             Consultation
             put
             a
             plain
             distinction
             between
             the
             bodies
             of
             Counties
             and
             the
             Ports
             and
             Havens
             ,
             here
             called
             
               necessaria
               dependentia
               alti
               maris
            
             ;
             and
             indeed
             they
             are
             such
             necessary
             dependants
             of
             the
             Sea
             ,
             that
             they
             may
             very
             well
             ,
             nay
             they
             must
             be
             called
             mare
             ,
             the
             Sea
             ,
             though
             not
             
               altum
               mare
            
             ,
             the
             high
             Sea
             ;
             otherwise
             needless
             ,
             and
             altogether
             in
             vain
             was
             this
             distinction
             of
             
               mare
               &
               altum
               mare
            
             ,
             of
             the
             Sea
             ,
             and
             the
             high
             Sea
             ,
             and
             main
             Sea
             ,
             if
             the
             Ports
             ,
             Creeks
             and
             Havens
             were
             not
             mare
             ,
             Sea
             ,
             and
             
             those
             parts
             of
             the
             Sea
             further
             remote
             from
             the
             land
             ,
             
               altum
               mare
            
             ,
             the
             high
             or
             main
             Sea.
             And
             then
             let
             us
             consider
             that
             though
             upon
             every
             suggestion
             ,
             whereon
             a
             Prohibition
             is
             in
             such
             cases
             awarded
             upon
             the
             Statute
             of
             the
             13th
             of
             Richard
             the
             second
             ,
             the
             words
             
               sur
               le
               meer
            
             in
             the
             same
             ,
             be
             in
             the
             Prohibition
             translated
             
               super
               altum
               mare
            
             ;
             yet
             will
             not
             those
             words
             
               sur
               le
               meer
            
             ,
             nor
             any
             other
             words
             in
             that
             Statute
             bear
             any
             such
             construction
             (
             as
             by
             the
             said
             Statute
             ,
             if
             lookt
             into
             ,
             
             will
             appear
             ,
             which
             Statute
             shall
             be
             hereafter
             set
             down
             at
             large
             according
             to
             the
             Parliament
             Roll
             in
             the
             Tower.
             )
             And
             then
             is
             there
             nothing
             at
             all
             contained
             in
             that
             Statute
             ,
             which
             can
             so
             much
             as
             seem
             to
             limit
             the
             Admiral
             to
             the
             high
             Seas
             ,
             or
             exclude
             his
             Jurisdiction
             from
             extending
             to
             the
             Ports
             ,
             Creeks
             and
             Havens
             ,
             which
             are
             sea
             ,
             though
             not
             high
             sea
             .
             And
             so
             the
             very
             foundation
             whereon
             all
             the
             Arguments
             which
             tend
             to
             the
             deprivation
             of
             the
             Admiral
             of
             his
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             are
             grounded
             ,
             is
             clearly
             taken
             away
             .
          
           
             Patrick
             Landy
             
               likewise
               sued
            
             John
             Prideaux
             of
             Padstow
             pro
             tribus
             millibus
             centenis
             sepi
             libellando
             eundem
             
               Johannem
               Prideaux
            
             bona
             ,
             res
             &
             merces
             praedicta
             ac
             alia
             bona
             ,
             res
             ,
             &
             merces
             in
             manus
             &
             possessionem
             sui
             ipsius
             Johannis
             infra
             fluxum
             &
             refluxum
             maris
             accepisse
             &
             sumpsisse
             ,
             eademque
             tunc
             penes
             se
             habuisse
             ,
             seu
             saltem
             eadem
             dolo
             alienasse
             ,
             &c.
             
          
           
             Prideaux
             
               upon
               suggestion
               that
               those
               Goods
               and
               Merchandises
               were
            
             per
             quendam
             
               Georgium
               Sydenham
            
             nuper
             Capitaneum
             navis
             Anglicanae
             vocat
             .
             
               the
               Black
               Boat
            
             apud
             Villam
             de
             Padstow
             in
             Comitatu
             Cornubiae
             ,
             infra
             corpus
             ejusdem
             Comitatus
             ,
             &
             non
             super
             altum
             mare
             vendita
             &
             deliberata
             ,
             &
             per
             ipsum
             Johannem
             ibi
             recepta
             ,
             habita
             &
             tenta
             ,
             &
             ad
             vsum
             suum
             proprium
             conversa
             ,
             &c.
             
             
               And
               obtained
               a
               Prohibition
            
             .
          
           
             12.
             
             
               Feb.
               37
               Elizab.
            
             A
             Consultation
             is
             awarded
             in
             the
             same
             words
             with
             the
             other
             .
             
          
           
             
               The
               same
            
             Patrick
             Landy
             sued
             Digorius
             Halman
             
               in
               the
               Admiralty
            
             ,
             pro
             quinquaginta
             dycariis
             pellium
             Hibernicorum
             ,
             libellando
             quod
             idem
             Digorius
             praedictas
             quinquagintas
             dycarias
             pellium
             sub
             nomine
             bonorum
             ,
             rerum
             &
             mercium
             in
             manus
             &
             possessionem
             suas
             infra
             fluxum
             &
             refluxum
             maris
             accepisset
             &
             sumpissset
             ,
             easdemque
             tunc
             penes
             se
             habuisset
             ,
             &
             saltem
             easdem
             dolo
             alienasset
             ,
             &c.
             
          
           
             Digorius
             Halman
             
               upon
               suggestion
               that
            
             Gremfield
             Halse
             ,
             Nicholas
             Halse
             ,
             and
             John
             Hoyell
             alias
             Howele
             at
             Plymoth
             
               in
               the
               County
               of
            
             Devon
             ,
             infra
             corpus
             ejusdem
             Comitatus
             Devoniae
             ,
             &
             non
             super
             altum
             mare
             fuerunt
             possessionati
             de
             dictis
             quinquaginta
             dycariis
             pellium
             ,
             &c.
             &
             pro
             certâ
             denariorum
             summa
             barganizarunt
             &
             vendiderunt
             eidem
             
               Digario
               Halman
            
             ,
             ac
             quibusdam
             
               Johanni
               Martin
            
             ,
             &
             
               Thomae
               Crane
            
             praedictas
             quinquaginta
             Dicarias
             pellium
             ,
             &c.
             
             
               And
               obtained
               a
               Prohibition
            
             .
          
           
           
             Vicesimo
             sex
             to
             Maii
             40
             Eliz.
             
               a
               Consultation
               was
               awarded
            
             .
             
             T.
             Edvardo
             Anderson
             .
          
           
             And
             as
             before
             ,
             so
             here
             in
             this
             same
             cause
             ,
             and
             upon
             the
             same
             suggestion
             ,
             a
             new
             Prohibition
             was
             awarded
             by
             the
             Lord
             Chief
             Justice
             Popham
             .
          
           
             But
             26
             
               Maii
               41
               Eliz.
            
             a
             Consultation
             was
             again
             awarded
             ,
             as
             in
             the
             before
             mentioned
             cause
             ,
             and
             many
             more
             I
             might
             likewise
             instance
             in
             ,
             and
             set
             forth
             both
             the
             Prohibitions
             and
             Consultations
             at
             large
             ,
             but
             that
             I
             should
             thereby
             too
             much
             enlarge
             this
             Treatise
             .
          
           
             Now
             as
             by
             the
             Writs
             
               de
               procedendo
            
             awarded
             out
             of
             the
             high
             Court
             of
             Chancery
             ,
             upon
             Supersedeas
             in
             the
             former
             Chapter
             set
             down
             ,
             so
             by
             the
             Consultations
             upon
             Prohibitions
             awarded
             out
             the
             Courts
             of
             Common
             Law
             here
             set
             forth
             ,
             I
             hope
             it
             is
             evident
             enough
             ,
             that
             the
             Admirals
             Jurisdiction
             extendeth
             to
             the
             Ports
             and
             Havens
             ,
             
             and
             to
             all
             things
             done
             thereon
             .
             
               Vide
               etiam
               quae
               sunt
               in
               cap.
               9.
               libri
               tertu
               specificata
               .
            
          
        
         
           
             CHAP.
             XX.
             
          
           
             That
             the
             Ports
             ,
             Havens
             ,
             and
             Harbours
             where
             Ships
             do
             lie
             or
             ride
             at
             Anchor
             ,
             are
             not
             within
             the
             bodies
             of
             Counties
             ,
             but
             that
             the
             Jurisdiction
             which
             the
             Admiralty
             hath
             anciently
             had
             thereon
             ,
             hath
             been
             by
             Act
             of
             Parliament
             reserved
             thereunto
             .
          
           
             NOw
             seeing
             that
             the
             Ports
             and
             Havens
             ,
             whereon
             Ships
             and
             other
             Vessels
             do
             ride
             and
             lie
             at
             Anchor
             ,
             are
             not
             only
             of
             a
             different
             nature
             from
             the
             land
             ,
             but
             are
             absolutely
             consisting
             of
             the
             same
             nature
             with
             the
             Sea
             ,
             and
             are
             sometimes
             more
             drawn
             in
             ,
             and
             sometimes
             again
             further
             stretched
             out
             ;
             and
             are
             from
             antiquity
             both
             by
             antient
             Authors
             and
             ancient
             Records
             termed
             and
             called
             the
             Armes
             of
             the
             Sea
             ,
             as
             indeed
             most
             properly
             they
             still
             are
             ,
             I
             cannot
             easily
             be
             induced
             to
             think
             that
             these
             Ports
             or
             Havens
             ,
             by
             being
             only
             incompassed
             on
             both
             sides
             with
             several
             Counties
             ,
             and
             touched
             upon
             by
             the
             banks
             thereof
             ,
             can
             be
             said
             to
             be
             within
             the
             body
             of
             either
             of
             those
             Counties
             ,
             or
             so
             much
             as
             the
             least
             member
             ,
             part
             ,
             or
             parcel
             thereof
             ,
             or
             so
             much
             as
             properly
             be
             said
             to
             be
             within
             the
             skirts
             thereof
             .
          
           
             I
             must
             confess
             that
             many
             particular
             Statutes
             ,
             and
             new
             Laws
             
             have
             been
             made
             ,
             directing
             such
             and
             such
             things
             to
             be
             done
             or
             not
             done
             ,
             either
             by
             Sea
             ,
             or
             upon
             any
             Port
             or
             Haven
             ,
             which
             by
             the
             Civil
             and
             Maritime
             Laws
             had
             not
             been
             formerly
             in
             the
             same
             manner
             ,
             or
             perhaps
             not
             so
             fully
             directed
             :
             And
             the
             cognizance
             of
             such
             matters
             by
             the
             same
             Statutes
             and
             Laws
             ,
             may
             seem
             to
             belong
             unto
             other
             Courts
             ,
             as
             well
             as
             unto
             the
             Admiralty
             ,
             by
             reason
             whereof
             some
             have
             often
             reached
             at
             all
             ,
             and
             have
             strove
             to
             hold
             more
             in
             one
             hand
             then
             they
             could
             grasp
             in
             both
             their
             armes
             .
             But
             such
             things
             both
             upon
             the
             Sea
             ,
             and
             upon
             the
             Ports
             and
             Havens
             ,
             as
             have
             been
             anciently
             determined
             by
             the
             Admiralty
             ,
             according
             to
             the
             Laws
             Civil
             and
             Maritime
             ,
             have
             not
             been
             by
             such
             Statutes
             or
             new
             Laws
             really
             taken
             therefrom
             ,
             nor
             were
             ever
             intended
             to
             be
             :
             But
             the
             same
             have
             been
             constituted
             and
             made
             in
             affirmance
             of
             the
             power
             and
             authority
             of
             that
             Court
             ,
             as
             wel
             upon
             the
             Ports
             and
             Havens
             as
             upon
             the
             high
             Seas
             ;
             and
             have
             been
             by
             express
             words
             continued
             thereunto
             ,
             and
             the
             cognizance
             of
             many
             such
             matters
             ,
             by
             such
             new
             Laws
             appointed
             ,
             have
             been
             directed
             unto
             that
             Court.
             
          
           
             I
             shall
             instance
             only
             in
             one
             Statute
             that
             sheweth
             the
             same
             ,
             and
             then
             leave
             this
             subject
             ,
             and
             breake
             my self
             unto
             another
             .
          
           
             By
             the
             Statute
             of
             32
             
               Hen.
               8.
               cap.
            
             14.
             a
             rate
             was
             set
             what
             should
             be
             paid
             for
             the
             freight
             or
             portage
             of
             several
             particular
             sorts
             of
             Merchandizes
             from
             the
             Port
             of
             London
             to
             other
             places
             ,
             and
             from
             thence
             to
             London
             ;
             and
             this
             being
             a
             thing
             mutable
             ,
             which
             could
             not
             be
             formerly
             settled
             for
             a
             perpetual
             Law
             ,
             according
             to
             any
             Rules
             or
             Laws
             Civil
             or
             Maritime
             (
             though
             the
             like
             had
             been
             formerly
             done
             by
             the
             Admiralty
             
               pro
               tempore
            
             ,
             as
             appeareth
             by
             the
             Inquisition
             taken
             at
             Quinborow
             ,
             and
             the
             other
             Statutes
             and
             Articles
             of
             the
             Admiralty
             before
             several
             times
             mentioned
             )
             the
             cognizance
             of
             the
             excessive
             freight
             taken
             for
             transportation
             of
             these
             particular
             sorts
             of
             Merchandizes
             ,
             was
             by
             the
             same
             Statute
             to
             be
             taken
             in
             the
             Courts
             at
             Westminster
             .
             As
             for
             the
             forfeiture
             of
             the
             double
             value
             of
             the
             freight
             so
             taken
             ,
             the
             one
             half
             to
             the
             King
             ,
             the
             other
             half
             to
             the
             Informer
             ,
             yet
             the
             excessive
             rates
             for
             freight
             in
             general
             taken
             for
             transportation
             of
             any
             goods
             whatsoever
             ,
             and
             from
             and
             to
             any
             Port
             or
             Place
             whatsoever
             ,
             having
             been
             punishable
             by
             the
             Admiralty
             ,
             that
             power
             is
             no
             more
             taken
             from
             that
             Court
             by
             this
             clause
             ,
             then
             the
             tryal
             of
             pyracy
             ,
             &c.
             by
             the
             Civil
             and
             Maritime
             Laws
             is
             from
             thence
             taken
             by
             the
             Statute
             of
             
               H.
               8.
               27.
               cap.
               4.
               &
               an
               .
               28.
               cap.
            
             15.
             which
             giveth
             a
             power
             to
             that
             Court
             to
             try
             the
             same
             offences
             after
             another
             manner
             ,
             which
             is
             a
             thing
             by
             all
             of
             both
             professions
             acknowledged
             .
          
           
           
             Another
             clause
             there
             was
             contained
             in
             the
             said
             Statute
             ,
             that
             if
             any
             Stranger
             ,
             Denizen
             ,
             or
             not
             Denizen
             ,
             should
             lade
             on
             board
             any
             English
             Bottom
             any
             of
             their
             Goods
             ,
             Wares
             ,
             and
             Merchandizes
             to
             be
             transported
             to
             any
             forraign
             Port
             ,
             that
             they
             should
             pay
             no
             other
             Custome
             or
             Subsidy
             therefore
             ,
             then
             such
             as
             the
             English
             paid
             :
             But
             in
             case
             that
             they
             did
             laid
             their
             said
             Goods
             ,
             Wares
             ,
             and
             Merchandizes
             aboard
             the
             Ships
             or
             Vessels
             of
             Forreigners
             ,
             then
             they
             should
             pay
             such
             Custome
             or
             Subsidy
             as
             had
             been
             usually
             paid
             by
             Forreigners
             .
          
           
             This
             being
             a
             thing
             newly
             by
             that
             Statute
             appointed
             ,
             and
             not
             determined
             formerly
             by
             the
             Civil
             and
             Maritime
             Laws
             ,
             whereby
             the
             Admiralty
             proceedeth
             ;
             yet
             was
             it
             by
             the
             same
             Statute
             provided
             ,
             that
             if
             there
             should
             be
             no
             such
             Ships
             or
             Vessels
             of
             England
             ,
             or
             Dominions
             of
             the
             same
             ,
             at
             or
             in
             the
             Port
             ,
             Haven
             ,
             or
             Place
             where
             the
             said
             Strangers
             ,
             Aliens
             ,
             or
             Denizens
             ,
             their
             Servants
             or
             Factors
             would
             freight
             or
             lade
             their
             Wares
             and
             Merchandizes
             toward
             the
             outward
             Regions
             ,
             that
             then
             if
             the
             said
             Stangers
             or
             Denizens
             ,
             their
             Factors
             ,
             Atturneys
             or
             Servants
             before
             he
             or
             they
             did
             lade
             ,
             freight
             ,
             or
             convey
             the
             said
             Goods
             ,
             Wares
             ,
             Commodities
             ,
             or
             Merchandises
             into
             any
             strange
             Ship
             or
             Vessel
             ,
             did
             notify
             and
             declare
             the
             same
             lack
             or
             want
             of
             such
             English
             Ships
             or
             Vessels
             ,
             unto
             the
             Lord
             high
             Admiral
             of
             England
             for
             the
             time
             being
             ,
             or
             his
             Lieutenant
             ,
             Deputy
             ,
             or
             Deputies
             ,
             if
             &c.
             and
             did
             obtain
             his
             or
             their
             Certificate
             to
             be
             made
             under
             his
             or
             their
             Seal
             to
             whom
             such
             notice
             or
             declaration
             was
             to
             be
             made
             of
             lack
             and
             want
             of
             such
             English
             Ships
             and
             Vessels
             ,
             that
             then
             it
             should
             be
             lawfull
             for
             them
             to
             freight
             and
             lade
             their
             said
             Wares
             and
             Merchandises
             in
             any
             strange
             Ship
             or
             Vessel
             ,
             at
             that
             time
             being
             in
             the
             same
             Port
             or
             Haven
             ,
             and
             to
             pay
             none
             other
             Susidies
             or
             Customes
             therefore
             but
             as
             the
             English
             Merchants
             did
             use
             ,
             and
             ought
             to
             do
             by
             the
             Laws
             and
             Customes
             of
             England
             .
          
           
             And
             it
             is
             enacted
             by
             the
             said
             Statute
             ,
             That
             the
             Owner
             and
             Owners
             ,
             Master
             and
             Masters
             ,
             and
             other
             Governour
             or
             Governours
             of
             Ships
             ,
             and
             every
             of
             them
             to
             his
             or
             their
             power
             ,
             and
             for
             as
             much
             as
             in
             him
             or
             them
             should
             be
             ,
             shall
             provide
             that
             all
             Wares
             and
             Merchandises
             which
             shall
             be
             by
             Merchants
             ,
             their
             Factors
             or
             Servants
             ,
             or
             any
             of
             them
             ,
             brought
             into
             any
             Ship
             or
             Vessel
             ,
             shall
             be
             honestly
             and
             in
             good
             order
             saved
             and
             kept
             .
          
           
             And
             under
             that
             clause
             it
             is
             provided
             ,
             That
             if
             any
             Merchant
             ,
             Stranger
             ,
             or
             other
             find
             himself
             aggrieved
             or
             damnifyed
             by
             negligent
             keeping
             of
             the
             said
             Merchandises
             or
             Wares
             ,
             or
             by
             long
             delaying
             or
             protracting
             of
             the
             time
             in
             taking
             the
             Voyage
             ,
             by
             the
             
             said
             Owner
             ,
             his
             Factor
             ,
             Master
             or
             any
             the
             Mariners
             of
             the
             said
             Ship
             ,
             otherwise
             then
             shall
             be
             agreed
             betwixt
             the
             said
             Merchant
             ,
             his
             Factor
             ,
             
             Atturney
             ,
             or
             Servant
             ;
             and
             Master
             or
             Owner
             in
             or
             by
             the
             said
             Charter-party
             ,
             (
             not
             being
             letted
             by
             wind
             or
             weather
             )
             shall
             and
             may
             have
             his
             remedy
             by
             way
             of
             complaint
             before
             the
             Lord
             Admiral
             of
             England
             for
             the
             time
             being
             ,
             his
             Lieutenant
             ,
             or
             Deputy
             ,
             against
             the
             said
             Owner
             or
             Owners
             ,
             Master
             or
             Masters
             ,
             Governour
             or
             Governours
             ,
             or
             his
             or
             their
             Factor
             or
             Factors
             ;
             which
             Lord
             Admiral
             for
             the
             time
             being
             ,
             his
             Lieutenant
             or
             Deputy
             shall
             and
             may
             summarily
             and
             without
             delay
             ,
             take
             such
             order
             ,
             and
             give
             such
             direction
             therein
             ,
             as
             shall
             be
             thought
             to
             his
             or
             their
             discretions
             most
             convenient
             ,
             and
             according
             to
             right
             and
             justice
             in
             that
             behalf
             ,
             
             which
             is
             in
             affirmance
             of
             the
             Civil
             Laws
             before
             mentioned
             .
          
           
             But
             Mr.
             Poulton
             rendreth
             this
             Statute
             obsolete
             :
             And
             for
             the
             first
             part
             of
             it
             ,
             which
             setteth
             a
             rate
             what
             shall
             be
             paid
             for
             the
             freight
             or
             portage
             of
             Goods
             and
             Merchandises
             from
             the
             Port
             of
             London
             to
             other
             places
             ,
             and
             from
             thence
             to
             London
             .
             I
             must
             needs
             agree
             with
             him
             ,
             that
             the
             same
             may
             ,
             or
             necessarily
             must
             be
             obsolete
             and
             out
             of
             use
             ;
             for
             that
             since
             the
             time
             of
             making
             of
             the
             said
             Statute
             ,
             the
             rates
             and
             prizes
             for
             Cables
             ,
             Anchors
             ,
             and
             other
             Tackle
             ,
             Furniture
             ,
             Victual
             ,
             and
             other
             Provisions
             ,
             have
             been
             much
             altered
             and
             encreased
             ,
             nor
             indeed
             are
             ,
             or
             can
             the
             Ships
             themselves
             either
             be
             built
             or
             bought
             at
             such
             rates
             or
             prizes
             as
             they
             then
             were
             ,
             so
             that
             they
             cannot
             be
             let
             for
             the
             same
             freight
             they
             then
             were
             .
          
           
             For
             the
             other
             clause
             of
             Forreigners
             transporting
             their
             Wares
             and
             Merchandises
             in
             English
             Bottoms
             ,
             to
             pay
             no
             more
             Custome
             then
             the
             English
             ,
             whether
             the
             Customers
             have
             disused
             the
             same
             ,
             and
             so
             made
             it
             obsolete
             ,
             or
             not
             ,
             I
             know
             not
             .
             But
             in
             case
             they
             have
             so
             done
             ;
             I
             know
             no
             warrant
             or
             necessary
             cause
             they
             have
             for
             so
             doing
             ;
             but
             for
             the
             last
             mentioned
             clause
             ,
             That
             Masters
             and
             owners
             of
             Ships
             shall
             provide
             ,
             that
             all
             the
             Merchants
             Wares
             and
             Merchandises
             shall
             be
             in
             good
             order
             saved
             and
             kept
             ,
             and
             that
             the
             Merchant
             which
             shall
             thereby
             ,
             or
             by
             delay
             or
             protracting
             of
             the
             Voyage
             (
             without
             just
             cause
             )
             longer
             then
             the
             time
             agreed
             by
             the
             Charter-party
             ,
             find
             himself
             aggrieved
             ,
             shall
             and
             may
             have
             his
             remedy
             in
             the
             Admiralty
             .
          
           
             This
             is
             only
             in
             affirmance
             of
             the
             Law
             of
             that
             Court
             ,
             
             and
             was
             both
             before
             the
             making
             of
             that
             Act
             ,
             and
             hath
             been
             ever
             since
             used
             and
             practised
             in
             that
             Court
             ,
             and
             cannot
             by
             the
             disuse
             of
             it
             at
             the
             Common
             Law
             (
             where
             it
             is
             not
             by
             that
             Act
             at
             all
             to
             be
             used
             )
             be
             made
             obsolete
             ,
             but
             is
             by
             the
             practice
             and
             use
             of
             it
             ,
             where
             
             it
             is
             appointed
             to
             be
             used
             ,
             held
             ,
             continued
             ,
             and
             preserved
             from
             being
             made
             obsolete
             there
             .
          
           
             Now
             no
             man
             can
             say
             ,
             but
             that
             this
             saving
             and
             keeping
             of
             Merchants
             Goods
             and
             Merchandises
             honestly
             ,
             and
             in
             good
             order
             ,
             is
             clearly
             meant
             of
             such
             saving
             and
             keeping
             them
             honestly
             and
             in
             good
             order
             ,
             as
             well
             whilest
             the
             Ship
             or
             Vessel
             remaineth
             in
             the
             Port
             or
             Harbour
             ,
             as
             when
             she
             cometh
             at
             high
             Sea
             ;
             and
             the
             delaying
             and
             protracting
             of
             time
             in
             taking
             of
             the
             Voyage
             with
             the
             next
             good
             wind
             ,
             according
             to
             the
             time
             agreed
             on
             by
             the
             Charter-party
             ,
             is
             most
             certainly
             a
             wrong
             or
             injury
             done
             upon
             the
             Port
             or
             Haven
             ,
             and
             the
             Jurisdiction
             of
             the
             Admiralty
             in
             causes
             of
             this
             nature
             upon
             the
             Ports
             and
             Havens
             by
             this
             Statute
             affirmed
             and
             confirmed
             .
          
           
             And
             moreover
             the
             very
             breach
             of
             the
             Charter-party
             ,
             though
             made
             at
             land
             ,
             is
             by
             this
             Act
             affirmed
             to
             be
             cognoscible
             in
             the
             Admiralty
             ,
             which
             bringeth
             me
             in
             the
             very
             next
             place
             upon
             that
             point
             and
             particular
             ,
             wherewith
             I
             shall
             begin
             the
             next
             Book
             .
          
        
      
       
         
         
           THE
           MARITIME
           DICAEOLOGIE
           ,
           OR
           SEA-JURISDICTION
           .
        
         
           THE
           THIRD
           BOOK
           .
        
         
           
             CHAP.
             I.
             
          
           
             That
             all
             Differences
             arising
             from
             Contracts
             concerning
             Maritime
             Affairs
             ought
             to
             be
             tryed
             in
             the
             Admiralty
             Court
             ,
             and
             the
             reasons
             thereof
             .
          
           
             HAving
             been
             thus
             long
             upon
             the
             Ports
             ,
             and
             Havens
             ,
             it
             is
             now
             full
             time
             to
             begin
             to
             think
             of
             the
             discharging
             of
             the
             Ship
             ,
             and
             the
             delivery
             out
             of
             her
             lading
             to
             the
             Merchants
             ,
             to
             whom
             the
             same
             belongeth
             ,
             and
             for
             to
             come
             to
             the
             Caulking
             ,
             fitting
             ,
             trimming
             ,
             preparing
             and
             furnishing
             of
             her
             with
             Victual
             ,
             Tackle
             ,
             Apparel
             and
             furniture
             ,
             &c.
             and
             manning
             her
             with
             Seamen
             and
             Mariners
             for
             some
             voyage
             ,
             and
             taking
             in
             of
             her
             lading
             from
             the
             Merchants
             or
             their
             Factors
             to
             be
             transported
             in
             the
             same
             .
             In
             the
             effecting
             of
             all
             which
             several
             men
             of
             several
             Occupations
             ,
             Trades
             ,
             and
             imployments
             ,
             are
             severally
             to
             be
             contracted
             with
             ,
             as
             well
             at
             Land
             ,
             as
             upon
             the
             Port
             and
             Haven
             .
             The
             validity
             and
             invalidity
             of
             all
             which
             contracts
             ,
             Sir
             
               Edward
               Coke
            
             would
             have
             to
             be
             Cognoscible
             ,
             Tryable
             ,
             and
             determinable
             in
             the
             Common
             Law
             Courts
             ,
             according
             to
             the
             Course
             of
             the
             Common
             Law
             ,
             and
             not
             in
             the
             Admiralty
             Court
             ,
             or
             according
             to
             the
             Proceedings
             ,
             Rules
             ,
             and
             Grounds
             of
             the
             Civil
             and
             Maritime
             Laws
             .
             But
             I
             
             must
             here
             likewise
             adventure
             another
             dispute
             with
             him
             upon
             this
             point
             .
          
           
             And
             first
             I
             shall
             offer
             some
             reasons
             to
             the
             contrary
             ,
             and
             then
             endevour
             an
             answer
             unto
             his
             Arguments
             .
             And
             after
             both
             ,
             I
             shall
             set
             forth
             what
             Laws
             have
             been
             made
             for
             the
             determination
             of
             such
             differences
             as
             shall
             arise
             upon
             such
             contracts
             ,
             by
             which
             Laws
             certainly
             they
             are
             still
             to
             be
             determined
             .
          
           
             And
             first
             I
             say
             that
             by
             Ships
             ,
             and
             Shipping
             ,
             this
             Nation
             is
             secured
             and
             preserved
             from
             foraign
             Invasions
             ,
             and
             by
             Trade
             and
             Commerce
             with
             foraign
             Nations
             not
             a
             little
             enriched
             ;
             and
             neither
             Shipping
             nor
             Trade
             ,
             can
             be
             upheld
             without
             the
             welfare
             of
             Merchants
             ,
             Owners
             of
             Ships
             ,
             Fitters
             ,
             Furnishers
             of
             them
             ,
             Mariners
             ,
             &c.
             
          
           
             And
             this
             welfare
             of
             the
             Merchant
             ,
             Owner
             ,
             Fitter
             ,
             Furnisher
             ,
             and
             Mariner
             ,
             cannot
             be
             maintained
             without
             a
             settled
             Jurisdiction
             of
             Admiralty
             ,
             regulated
             according
             to
             the
             Civil
             and
             Maritime
             Laws
             ,
             setled
             amongst
             ,
             and
             known
             unto
             all
             Maritime
             Nations
             .
          
           
             Because
             (
             as
             it
             is
             well
             known
             )
             all
             of
             them
             have
             dealings
             with
             such
             foraign
             Nations
             abroad
             ,
             and
             such
             foraign
             Nations
             with
             them
             at
             home
             ,
             who
             both
             expect
             and
             will
             have
             the
             same
             Justice
             meted
             to
             them
             ,
             that
             they
             measure
             unto
             others
             ;
             else
             will
             they
             both
             forbear
             to
             Trade
             with
             that
             Nation
             ,
             which
             shall
             deny
             them
             that
             Justice
             ,
             and
             likewise
             deny
             that
             Nation
             to
             Trade
             with
             them
             .
          
           
             Now
             it
             is
             most
             certain
             that
             the
             municipal
             Laws
             of
             this
             Kingdom
             ,
             are
             so
             different
             from
             the
             Civil
             and
             Maritime
             Laws
             ,
             that
             if
             Maritime
             Causes
             (
             be
             they
             either
             for
             freight
             ,
             wages
             ,
             damages
             done
             to
             Merchants
             Goods
             ,
             Building
             ,
             Tackling
             ,
             and
             furnishing
             of
             Ships
             ,
             &c.
             )
             should
             be
             here
             determined
             by
             the
             municipal
             Laws
             of
             this
             Nation
             ,
             and
             beyond
             the
             Seas
             by
             the
             Civil
             and
             Maritime
             Laws
             ,
             they
             must
             necessarily
             receive
             many
             of
             them
             ,
             a
             different
             ;
             many
             of
             them
             a
             clean
             contrary
             Judgment
             .
          
           
             To
             instance
             briefly
             in
             some
             few
             of
             many
             ;
             If
             Mariners
             be
             hired
             to
             serve
             in
             a
             Ship
             ,
             for
             so
             much
             by
             the
             Moneth
             ,
             and
             serve
             divers
             Moneths
             in
             her
             ,
             and
             the
             Ship
             dieth
             at
             Sea
             ,
             and
             never
             maketh
             port
             ;
             here
             the
             Judgement
             of
             these
             two
             Laws
             will
             be
             clean
             contrary
             .
          
           
             Likewise
             ,
             if
             a
             Ship
             be
             let
             to
             freight
             at
             a
             certain
             rate
             by
             the
             Moneth
             from
             Port
             to
             Port
             ,
             and
             so
             home
             again
             ,
             and
             the
             Ship
             in
             some
             of
             those
             Ports
             shall
             be
             imbarqued
             for
             some
             moneths
             ,
             here
             the
             Judgements
             of
             the
             two
             Laws
             both
             for
             freight
             and
             wages
             for
             those
             moneths
             will
             be
             contrary
             ,
             and
             upon
             other
             emergent
             causes
             
             from
             hence
             arising
             ,
             the
             Judgements
             will
             likewise
             be
             ,
             in
             some
             farre
             different
             ,
             and
             in
             other
             some
             clean
             contrary
             .
          
           
             If
             the
             Merchants
             Wines
             ,
             Oyls
             ,
             &c.
             be
             leaked
             out
             end
             for
             end
             ,
             the
             Judgements
             upon
             Action
             for
             the
             freight
             will
             be
             different
             ,
             if
             not
             contrary
             .
          
           
             If
             the
             Merchants
             Goods
             shall
             be
             damnified
             by
             ill
             stowage
             ,
             or
             careless
             looking
             to
             ,
             or
             shall
             be
             purloyned
             or
             stoln
             ,
             the
             party
             not
             known
             ,
             or
             if
             known
             ,
             not
             able
             to
             make
             satisfaction
             ,
             here
             ,
             upon
             Action
             brought
             by
             the
             Owner
             for
             his
             freight
             ,
             and
             by
             the
             Mariner
             for
             his
             Wages
             ,
             the
             Judgements
             will
             differ
             very
             much
             .
          
           
             If
             in
             a
             storm
             at
             Sea
             ,
             or
             in
             any
             Port
             or
             Haven
             ,
             the
             Ship
             and
             her
             lading
             be
             in
             danger
             ,
             and
             some
             Goods
             be
             cast
             over
             board
             ,
             for
             preservation
             of
             the
             rest
             ,
             by
             the
             Maritime
             Laws
             ,
             the
             remaining
             Goods
             are
             to
             be
             cast
             into
             an
             Avaridge
             ,
             to
             make
             satisfaction
             for
             the
             Goods
             cast
             over-board
             ,
             by
             which
             Law
             certain
             Rules
             ,
             as
             well
             concerning
             the
             danger
             ,
             the
             nature
             of
             the
             several
             Goods
             ,
             and
             the
             casting
             them
             over
             board
             ,
             as
             concerning
             the
             Avaridge
             it self
             to
             be
             made
             ,
             are
             prescribed
             ;
             which
             Rules
             are
             not
             known
             ,
             or
             owned
             by
             the
             municipal
             Laws
             of
             this
             Nation
             ,
             and
             therefore
             cannot
             that
             Law
             take
             cognizance
             thereof
             ,
             and
             consequently
             upon
             Action
             brought
             by
             the
             owners
             for
             freight
             wheresoever
             contracted
             for
             ,
             in
             these
             and
             divers
             other
             like
             cases
             the
             Judgement
             of
             that
             Law
             cannot
             be
             agreeable
             unto
             the
             rules
             and
             grounds
             of
             the
             Maritime
             Laws
             .
          
           
             If
             a
             Mariner
             be
             hyred
             by
             the
             moneth
             ,
             and
             doth
             serve
             several
             months
             in
             the
             Ship
             ,
             and
             afterwards
             desert
             or
             leave
             the
             Ship
             ,
             and
             run
             away
             ,
             upon
             Action
             brought
             for
             his
             wages
             ,
             the
             Judgements
             of
             the
             two
             Laws
             will
             be
             clean
             contrary
             .
          
           
             If
             the
             Mariner
             without
             leave
             of
             the
             Master
             lie
             on
             shore
             ,
             and
             the
             Ship
             or
             goods
             be
             damnified
             ,
             or
             the
             Voyage
             protracted
             ;
             or
             if
             the
             Ship
             be
             not
             well
             moored
             ,
             so
             that
             for
             default
             thereof
             she
             be
             damnified
             ;
             or
             if
             the
             Mariner
             take
             up
             clothes
             ,
             or
             borrow
             money
             of
             his
             fellow
             ,
             and
             put
             the
             same
             in
             the
             Pursers
             book
             ,
             upon
             Action
             brought
             for
             his
             wages
             ,
             the
             Judgements
             of
             the
             two
             Laws
             will
             differ
             .
          
           
             If
             two
             ,
             be
             they
             Merchants
             ,
             Owners
             ,
             Mariners
             ,
             or
             Furnishers
             of
             Ships
             ,
             &c.
             and
             those
             either
             English
             or
             Foreigners
             ,
             or
             the
             one
             English
             ,
             and
             the
             other
             a
             Foreigner
             ,
             do
             for
             Freight
             ,
             Tackle
             ,
             or
             Furniture
             of
             Ships
             ,
             &c.
             or
             by
             other
             Commerce
             in
             their
             seafaring
             business
             ,
             become
             indebted
             each
             to
             other
             ,
             upon
             Action
             brought
             by
             either
             of
             them
             ,
             the
             Maritime
             Law
             admitteth
             the
             other
             to
             alleage
             and
             prove
             what
             likewise
             is
             due
             to
             him
             from
             him
             that
             sueth
             at
             the
             same
             time
             ,
             and
             alloweth
             him
             compensation
             ,
             which
             the
             
             Municipal
             Law
             alloweth
             not
             ,
             but
             concludeth
             that
             stoppage
             is
             no
             payment
             ;
             by
             which
             Law
             ,
             if
             exercised
             in
             business
             of
             this
             nature
             ,
             the
             absent
             might
             recover
             much
             against
             the
             party
             present
             ,
             and
             he
             be
             constrained
             to
             wait
             his
             opportunity
             ,
             for
             the
             recovery
             of
             what
             is
             due
             to
             him
             ,
             from
             him
             that
             hath
             recovered
             against
             him
             ,
             to
             the
             lessening
             of
             his
             Stock
             ,
             and
             great
             hinderance
             of
             his
             Trade
             :
             And
             in
             like
             manner
             the
             Non-solvent
             might
             recover
             much
             against
             the
             Solvent
             ,
             and
             he
             nothing
             at
             all
             against
             the
             Non-solvent
             ,
             which
             would
             be
             very
             much
             inconvenient
             to
             all
             seatrading
             men
             ,
             and
             a
             thing
             not
             known
             abroad
             .
          
           
             Now
             these
             Maritime
             Laws
             for
             Maritime
             businesses
             are
             all
             grounded
             upon
             strong
             reasons
             ,
             which
             if
             they
             could
             be
             here
             at
             large
             particularly
             set
             forth
             ,
             yet
             would
             they
             not
             take
             away
             the
             reason
             whereon
             the
             Municipal
             Laws
             for
             Land
             affairs
             are
             grounded
             ,
             in
             regard
             different
             Judgements
             in
             different
             things
             do
             arise
             from
             different
             grounds
             of
             reason
             :
             so
             that
             the
             Judgements
             upon
             businesses
             agitated
             upon
             the
             Land
             may
             be
             grounded
             upon
             reason
             ,
             and
             yet
             will
             not
             that
             reason
             hold
             to
             ground
             the
             like
             Judgement
             upon
             in
             business
             at
             Sea
             ,
             or
             upon
             the
             great
             waters
             ,
             those
             being
             accommodated
             with
             many
             advantages
             and
             helps
             in
             their
             agitation
             and
             petformance
             ,
             of
             which
             these
             are
             altogether
             destitute
             .
          
           
             And
             this
             will
             introduce
             a
             second
             reason
             why
             the
             welfare
             of
             the
             Merchants
             and
             other
             seafaring
             men
             cannot
             be
             maintained
             without
             the
             settling
             and
             upholding
             of
             these
             Maritime
             Laws
             ,
             for
             decision
             of
             differences
             and
             controversies
             in
             maritime
             affairs
             ,
             which
             is
             because
             these
             Laws
             are
             suitable
             thereunto
             ,
             and
             compleat
             to
             determine
             all
             differences
             in
             businesses
             of
             that
             nature
             ,
             which
             as
             I
             conceive
             ,
             the
             Municipal
             Laws
             of
             the
             Land
             are
             not
             .
          
           
             For
             Maritime
             causes
             ,
             especially
             those
             for
             wages
             ,
             must
             have
             a
             quick
             and
             sodain
             dispatch
             of
             Justice
             ;
             the
             Mariners
             ,
             as
             they
             come
             in
             with
             one
             good
             wind
             ,
             so
             must
             they
             speedily
             go
             out
             with
             another
             ,
             and
             not
             wait
             Westminster-Hall
             Termes
             ,
             to
             the
             loss
             of
             a
             whole
             Voyage
             ,
             such
             their
             imployment
             being
             their
             whole
             livelyhood
             .
          
           
             Nor
             must
             they
             commence
             every
             man
             a
             Suit
             according
             to
             his
             particular
             contract
             ,
             to
             the
             expence
             of
             as
             much
             ,
             if
             not
             more
             ,
             then
             his
             wages
             come
             to
             ,
             but
             must
             as
             the
             Martime
             Laws
             allow
             them
             ,
             commence
             their
             Action
             in
             one
             joint
             Petition
             to
             a
             Judge
             at
             all
             times
             settled
             in
             a
             readiness
             ,
             and
             in
             a
             constant
             place
             of
             Judicature
             ,
             where
             and
             to
             whom
             they
             may
             make
             their
             present
             addresses
             ,
             for
             dispatch
             ,
             according
             to
             such
             Laws
             as
             they
             are
             used
             unto
             wheresoever
             they
             come
             .
          
           
             If
             the
             Mariner
             must
             have
             such
             dispatch
             against
             the
             Master
             ,
             
             then
             must
             the
             Master
             have
             the
             like
             against
             the
             Merchant
             for
             his
             freight
             ,
             out
             of
             which
             he
             is
             to
             pay
             the
             wages
             ;
             and
             the
             Merchant
             the
             like
             against
             the
             Master
             and
             Owners
             of
             the
             Ship
             for
             damages
             done
             to
             his
             goods
             at
             sea
             ;
             all
             which
             is
             speedily
             tryed
             at
             one
             and
             the
             same
             time
             by
             the
             maritime
             Laws
             ,
             which
             upon
             full
             hearing
             alloweth
             compensation
             ,
             and
             every
             one
             hath
             at
             first
             his
             own
             according
             to
             proof
             ,
             or
             confession
             upon
             their
             personal
             answers
             ,
             and
             no
             more
             ;
             otherwise
             if
             the
             Mariners
             shall
             by
             several
             Tryals
             at
             the
             Common
             Law
             recover
             their
             full
             wages
             of
             the
             Master
             ,
             and
             be
             gone
             ,
             and
             then
             the
             Merchant
             recover
             against
             him
             likewise
             ,
             or
             against
             the
             Owners
             of
             the
             Ship
             perhaps
             as
             much
             or
             more
             then
             their
             freight
             amounteth
             unto
             ,
             for
             damage
             done
             unto
             his
             Goods
             ,
             perhaps
             by
             the
             Mariners
             ,
             who
             are
             gone
             ,
             and
             not
             to
             be
             met
             with
             again
             ,
             and
             be
             put
             afterwards
             to
             sue
             for
             their
             freight
             :
             this
             will
             soon
             cause
             the
             owners
             of
             Ships
             to
             lay
             their
             Vessels
             by
             the
             walls
             :
             or
             if
             the
             Mariners
             shall
             recover
             their
             wages
             of
             the
             Masters
             or
             Owners
             ,
             and
             be
             gone
             ,
             and
             then
             the
             Owners
             shall
             recover
             their
             freight
             against
             the
             Merchants
             ,
             whose
             goods
             are
             damnified
             or
             spoiled
             by
             the
             Mariners
             ,
             and
             not
             by
             default
             of
             the
             Ship
             ,
             or
             by
             default
             of
             the
             Ship
             ,
             and
             not
             by
             any
             neglect
             or
             fault
             of
             the
             Mariners
             ,
             or
             by
             both
             and
             he
             then
             put
             to
             a
             tryal
             to
             recover
             by
             Jury
             the
             damage
             he
             hath
             sustained
             ,
             he
             is
             like
             to
             have
             but
             little
             or
             no
             redress
             .
             If
             the
             Mariner
             shall
             have
             his
             dispatch
             ,
             and
             be
             gone
             (
             which
             he
             must
             have
             ,
             or
             be
             undone
             )
             and
             the
             Merchant
             wait
             his
             Tryal
             from
             Terme
             to
             Terme
             at
             the
             ●ommon
             Law
             ,
             then
             by
             reason
             of
             the
             absence
             of
             the
             Mariners
             ,
             can
             neither
             the
             Owner
             prove
             the
             damage
             to
             be
             done
             by
             meer
             casualty
             ,
             or
             stress
             of
             weather
             at
             sea
             ;
             which
             he
             is
             not
             lyable
             to
             make
             satifaction
             for
             ;
             nor
             can
             the
             Merchant
             prove
             the
             insufficiency
             of
             the
             Ship
             ,
             in
             which
             case
             the
             Owner
             is
             to
             make
             satisfaction
             ,
             besides
             many
             inconveniences
             more
             which
             might
             be
             reckoned
             .
          
           
             Thus
             is
             not
             the
             one
             Law
             only
             suitable
             and
             agreeable
             to
             maritime
             affairs
             ,
             and
             the
             other
             unsuitable
             and
             disagreeable
             thereunto
             ;
             but
             the
             one
             is
             likewise
             perfect
             and
             compleat
             for
             deciding
             of
             all
             controversies
             thence
             arising
             ;
             the
             other
             imperfect
             ,
             and
             in
             no
             wise
             compleat
             for
             that
             purpose
             in
             my
             judgment
             .
          
           
             For
             Bills
             of
             Bumery
             ,
             or
             Bottomry
             (
             for
             many
             reasons
             most
             usefull
             ,
             and
             absolutely
             necessary
             in
             sea
             trade
             )
             they
             are
             likewise
             triable
             only
             by
             the
             Maritime
             Laws
             ,
             and
             can
             be
             no
             wayes
             tryable
             at
             the
             Common
             Law
             ,
             wheresoever
             made
             ,
             by
             reason
             the
             Ship
             only
             is
             lyable
             to
             payment
             ,
             which
             may
             be
             arrested
             according
             to
             the
             Maritime
             Laws
             ,
             either
             at
             the
             main
             Sea
             ;
             or
             upon
             any
             Creek
             ,
             Port
             ,
             or
             Haven
             
             adjoyning
             upon
             the
             land
             ,
             which
             cannot
             be
             done
             by
             the
             Common
             Law
             ,
             as
             I
             humbly
             conceive
             .
          
           
             So
             likewise
             contracts
             
               de
               nautico
               foenore
               ,
               pecunia
               trajectitia
               ,
            
             or
             
               nautica
               usura
            
             ,
             wheresoever
             made
             ,
             are
             tryable
             by
             the
             Civil
             and
             Maritime
             Laws
             ,
             and
             not
             by
             the
             Common
             Law
             of
             England
             ;
             and
             the
             Civil
             Law
             hath
             several
             Titles
             concerning
             these
             particulars
             ,
             as
             in
             the
             Digests
             the
             Title
             
               de
               nautico
               foenore
            
             in
             the
             Code
             ,
             the
             same
             Title
             in
             the
             Novel
             Constitutions
             ,
             the
             Title
             
               de
               nauticis
               usuris
               ,
               &c.
            
             in
             which
             Titles
             these
             particulars
             are
             defined
             ,
             what
             they
             are
             ,
             what
             maketh
             them
             so
             to
             be
             ,
             and
             what
             maketh
             them
             not
             to
             be
             so
             ;
             and
             are
             likewise
             distinguished
             into
             several
             sorts
             ,
             each
             of
             which
             is
             terminated
             and
             limited
             unto
             its
             proper
             bounds
             ,
             as
             when
             this
             
               Nauticum
               foenus
            
             is
             distinguished
             into
             Heteroplum
             and
             Amphoteroplum
             ,
             as
             some
             Authors
             terme
             it
             ;
             
               Heteroplum
               cum
               commeatus
               tantum
               periculum
               foenerator
               suscepit
               ;
               Amphoteroplum
               cum
               &
               commeatus
               &
               remeatus
               periculum
               suscepit
            
             ;
             the
             one
             when
             he
             undertaketh
             the
             danger
             of
             the
             Ship
             only
             outward
             bound
             ,
             or
             only
             homeward
             bound
             ;
             the
             other
             when
             he
             undergoeth
             the
             danger
             both
             of
             the
             outward
             and
             homeward
             Voyage
             ,
             and
             many
             other
             of
             the
             like
             nature
             ,
             of
             which
             the
             Common
             Law
             hath
             not
             one
             word
             ,
             that
             ever
             I
             could
             hear
             of
             ,
             much
             less
             any
             rule
             to
             guide
             the
             professors
             thereof
             in
             the
             Judgment
             of
             such
             things
             .
          
           
             In
             Bills
             of
             sale
             of
             Ships
             ,
             &c.
             though
             made
             at
             land
             ,
             the
             parties
             to
             whom
             the
             same
             are
             made
             ,
             cannot
             (
             if
             withstood
             )
             obtain
             the
             possession
             thereof
             ,
             but
             by
             the
             Civil
             and
             Maritime
             Law
             ,
             and
             power
             of
             the
             Admiralty
             Court.
             And
             every
             Ship
             that
             is
             built
             may
             have
             many
             part
             .
             Owners
             ,
             and
             most
             commonly
             she
             hath
             ,
             and
             before
             she
             can
             be
             compleatly
             built
             ,
             tackled
             ,
             victualled
             ,
             fitted
             and
             prepared
             to
             put
             to
             sea
             ,
             a
             great
             number
             of
             several
             Tradesmen
             must
             necessarily
             have
             been
             imployed
             therein
             ,
             and
             been
             assisting
             thereunto
             ,
             which
             cannot
             with
             any
             possibility
             ,
             every
             of
             them
             repair
             to
             every
             Owner
             ,
             some
             possibly
             being
             or
             inhabiting
             beyond
             the
             Seas
             ,
             other
             some
             in
             this
             Nation
             ;
             if
             all
             in
             this
             Nation
             ,
             yet
             oftentimes
             some
             in
             one
             place
             ,
             some
             in
             another
             ,
             farre
             remote
             each
             from
             other
             ,
             and
             from
             the
             place
             of
             such
             her
             building
             ,
             tackling
             ,
             &c.
             to
             make
             his
             particular
             contract
             with
             him
             for
             his
             materials
             ,
             workmanship
             ,
             victual
             ,
             or
             other
             furniture
             and
             necessaries
             ,
             so
             that
             necessarily
             some
             one
             of
             the
             Owners
             (
             which
             commonly
             hath
             not
             above
             an
             eighth
             ,
             sixteenth
             ,
             or
             two
             and
             thirtieth
             part
             ,
             and
             sometimes
             one
             that
             hath
             no
             part
             at
             all
             )
             is
             by
             the
             rest
             made
             Mr.
             of
             her
             ,
             and
             contracteth
             with
             all
             these
             several
             Tradesmen
             ,
             who
             regard
             not
             his
             ability
             ,
             by
             reason
             the
             Ship
             it self
             is
             by
             the
             Maritime
             Laws
             lyable
             for
             
             the
             payment
             of
             every
             mans
             particular
             debt
             ,
             which
             Law
             must
             necessarily
             take
             place
             ,
             or
             else
             few
             or
             no
             Ships
             be
             built
             and
             employed
             for
             trade
             ;
             for
             at
             the
             Common
             Law
             I
             conceive
             they
             can
             have
             only
             their
             several
             Actions
             against
             the
             Master
             ,
             with
             whom
             they
             contracted
             ,
             who
             for
             the
             most
             part
             is
             not
             able
             to
             make
             satisfaction
             to
             one
             third
             part
             of
             them
             ,
             and
             many
             times
             not
             to
             one
             particular
             man.
             
          
           
             If
             one
             Ship
             shall
             do
             damage
             to
             another
             ,
             either
             at
             the
             main
             Sea
             ,
             or
             upon
             any
             Creek
             ,
             Port
             ,
             or
             Haven
             ,
             the
             damage
             must
             be
             sued
             for
             in
             the
             Admiralty
             Court
             ,
             and
             Judgment
             given
             according
             to
             the
             Maritime
             Laws
             ,
             which
             prescribeth
             every
             Ship
             her
             rule
             ,
             how
             to
             steer
             her
             course
             both
             going
             out
             to
             sea
             ,
             or
             coming
             in
             from
             sea
             ,
             or
             riding
             at
             sea
             ,
             which
             plainly
             demonstrateth
             which
             Ship
             was
             in
             fault
             ,
             by
             which
             the
             Judgement
             must
             be
             regulated
             .
             And
             no
             Action
             can
             be
             so
             properly
             commenced
             at
             the
             Common
             Law
             for
             these
             damages
             ,
             for
             that
             the
             Owners
             damnified
             can
             very
             hardly
             arrest
             all
             the
             Owners
             of
             the
             other
             Ship
             ,
             which
             did
             the
             damage
             ,
             nor
             indeed
             can
             any
             of
             those
             Owners
             by
             that
             Law
             be
             lyable
             to
             such
             arrest
             ;
             but
             the
             Master
             ,
             who
             if
             solvent
             ,
             will
             not
             come
             on
             shore
             ,
             but
             take
             his
             imployment
             in
             some
             other
             Ship
             outward
             bound
             ,
             so
             that
             the
             remedy
             lyeth
             properly
             against
             the
             Ship
             by
             the
             Maritime
             Laws
             ,
             as
             hath
             been
             already
             said
             .
          
           
             If
             a
             contract
             be
             made
             beyond
             the
             seas
             concerning
             any
             Maritime
             businesses
             by
             bill
             ,
             or
             otherwise
             ,
             the
             same
             is
             not
             cognizable
             at
             the
             Common
             Law
             by
             their
             own
             books
             ,
             neither
             indeed
             if
             it
             were
             ,
             could
             it
             receive
             the
             same
             Judgment
             it
             shall
             by
             the
             Civil
             and
             Maritime
             Law
             ;
             for
             a
             verbal
             Contract
             is
             not
             made
             by
             Assumsit
             there
             ,
             as
             here
             it
             is
             ;
             nor
             in
             a
             Contract
             made
             in
             writing
             is
             any
             thing
             more
             required
             ,
             or
             thought
             necessary
             then
             the
             signing
             or
             subscribing
             of
             a
             Bill
             ,
             for
             performance
             ,
             &c.
             and
             sometimes
             the
             sealing
             ,
             but
             never
             the
             delivery
             ;
             nor
             is
             there
             any
             such
             ceremony
             there
             used
             or
             known
             ,
             without
             which
             by
             the
             Common-Law
             (
             as
             I
             have
             heard
             )
             it
             is
             nothing
             ;
             so
             that
             the
             English
             Merchants
             ,
             or
             other
             seafaring
             mans
             Bill
             ,
             here
             signed
             ,
             sealed
             ,
             and
             deliveted
             ,
             according
             to
             the
             formalities
             of
             this
             Nation
             in
             that
             case
             required
             ,
             shall
             ,
             being
             sued
             in
             any
             Court
             beyond
             the
             seas
             ,
             prove
             good
             against
             him
             ,
             without
             due
             examinations
             of
             half
             the
             said
             formalities
             ,
             whereas
             the
             Foreigners
             Bill
             ,
             which
             is
             (
             according
             to
             the
             customes
             and
             usages
             of
             those
             parts
             ,
             from
             which
             they
             will
             not
             by
             auy
             means
             depart
             )
             sometimes
             only
             signed
             ,
             sometimes
             sealed
             ,
             sometimes
             both
             ,
             but
             never
             delivered
             ,
             shall
             for
             want
             of
             this
             one
             formality
             of
             delivery
             at
             the
             Common
             Law
             ,
             prove
             voyd
             and
             of
             
             none
             effect
             ,
             and
             so
             the
             English
             man
             become
             undone
             by
             formalities
             of
             the
             English
             Laws
             ,
             so
             far
             different
             from
             those
             of
             foreign
             Nations
             ,
             especially
             the
             Laws
             Maritime
             ,
             which
             are
             for
             the
             most
             part
             ,
             if
             not
             altogether
             ,
             agreeable
             in
             most
             places
             ,
             if
             not
             in
             all
             .
             Many
             more
             reasons
             might
             be
             given
             ,
             why
             all
             contracts
             of
             this
             nature
             wheresoever
             made
             ,
             should
             and
             ought
             to
             be
             tryed
             in
             the
             Admiralty
             Court
             ,
             by
             the
             Civil
             and
             Maritime
             Laws
             ,
             and
             not
             by
             the
             Municipal
             Laws
             of
             this
             Nation
             ;
             and
             many
             instances
             more
             might
             be
             given
             ,
             wherein
             the
             Civil
             and
             Maritime
             Laws
             (
             which
             are
             Common
             to
             all
             Nations
             )
             do
             differ
             from
             the
             Municipal
             Laws
             of
             this
             ,
             and
             so
             would
             vary
             the
             Judgments
             in
             Causes
             of
             the
             self
             same
             nature
             :
             But
             that
             is
             too
             large
             a
             task
             to
             undertake
             here
             ,
             and
             but
             a
             needless
             one
             ,
             when
             some
             few
             instances
             may
             satisfy
             a
             wise
             man
             that
             intendeth
             not
             to
             quarrel
             .
             I
             shall
             endeavour
             here
             in
             a
             word
             to
             satisfie
             but
             one
             doubt
             by
             the
             way
             ,
             and
             so
             proceed
             (
             according
             to
             the
             best
             of
             my
             judgment
             )
             to
             the
             answering
             the
             Arguments
             brought
             against
             the
             Admirals
             cognizace
             of
             these
             Contracts
             .
             It
             is
             objected
             that
             other
             Nations
             have
             their
             several
             Municipal
             Laws
             as
             well
             as
             England
             ;
             and
             that
             therefore
             these
             Contracts
             may
             as
             well
             be
             tried
             by
             the
             Municipal
             Laws
             of
             this
             Nation
             ,
             as
             by
             any
             Municipal
             Law
             of
             another
             .
             I
             answer
             that
             they
             have
             in
             several
             Nations
             ,
             several
             different
             Municipal
             Laws
             ,
             whereby
             they
             are
             governed
             within
             themselves
             ,
             as
             we
             are
             here
             ;
             yet
             are
             those
             Municipal
             Laws
             all
             grounded
             upon
             the
             Civil
             Law
             ,
             and
             are
             no
             more
             different
             one
             from
             another
             ,
             then
             one
             and
             the
             same
             lesson
             playd
             upon
             several
             Instruments
             ,
             in
             several
             strains
             ;
             nor
             do
             otherwise
             differ
             ,
             then
             as
             the
             several
             Interpretations
             of
             several
             men
             upon
             them
             have
             differed
             ;
             as
             in
             many
             doctrinal
             points
             in
             Divinity
             various
             constructions
             have
             been
             rendred
             ,
             even
             upon
             the
             very
             text
             of
             the
             Divine
             Law
             ,
             according
             to
             several
             apprehensions
             and
             opinions
             of
             several
             men
             .
          
           
             For
             upon
             all
             their
             decisions
             and
             determinations
             they
             quote
             the
             Civil
             Law
             ,
             
             and
             the
             Authentique
             Writers
             and
             Commentators
             thereon
             ,
             as
             is
             already
             said
             ,
             
               li.
               2.
               c.
            
             
          
           
             And
             as
             the
             controversies
             happening
             and
             arising
             between
             one
             Nation
             and
             another
             ,
             are
             not
             to
             be
             decided
             by
             either
             of
             their
             Municipal
             Laws
             ,
             that
             being
             a
             way
             to
             raise
             a
             new
             controversie
             ,
             by
             which
             of
             those
             Municipal
             Laws
             the
             old
             should
             be
             decided
             ;
             no
             more
             are
             those
             controversies
             which
             do
             arise
             concerning
             maritime
             and
             sea
             affairs
             to
             be
             determined
             by
             those
             Municipal
             Laws
             ,
             but
             by
             their
             Maritime
             Laws
             ,
             by
             which
             they
             trade
             one
             Nation
             with
             another
             ,
             and
             which
             are
             generally
             the
             same
             ,
             and
             not
             Municipal
             ,
             as
             
             is
             before
             more
             fully
             set
             forth
             .
             
             For
             further
             satisfaction
             
               vide
               caput
               10.
               hujus
               libri
               tertii
               .
            
          
        
         
           
             CHAP.
             II.
             
          
           
             The
             Arguments
             deduced
             out
             of
             the
             Statute
             of
             the
             13
             R.
             2.
             c.
             5.
             to
             prove
             that
             Maritime
             Contracts
             ,
             made
             at
             land
             concerning
             Maritime
             Affairs
             ,
             are
             not
             tryable
             in
             the
             Admiralty
             Court
             ,
             answered
             .
          
           
             FOr
             the
             taking
             away
             the
             cognizance
             of
             Contracts
             made
             at
             land
             concerning
             Maritime
             affairs
             from
             the
             Admiralty
             Court
             ,
             the
             Statute
             of
             the
             13
             of
             
               R.
               2.
               c.
            
             5.
             the
             15
             of
             
               R.
               2.
               c.
            
             3.
             and
             the
             2
             of
             
               H.
               4.
               c.
            
             11.
             
             are
             urged
             by
             Sir
             
               Edward
               Coke
            
             in
             his
             before
             mentioned
             22th
             Chapter
             of
             his
             Jurisdiction
             of
             Courts
             .
             I
             shall
             take
             them
             in
             order
             .
          
           
             The
             first
             of
             them
             he
             rendreth
             thus
             ,
             
             that
             the
             Admirals
             and
             their
             Deputies
             shall
             not
             meddle
             from
             henceforth
             with
             any
             thing
             done
             within
             the
             Realm
             of
             England
             ,
             but
             only
             with
             things
             done
             upon
             the
             sea
             ,
             according
             to
             that
             which
             hath
             been
             duly
             used
             in
             the
             time
             of
             the
             noble
             King
             Edward
             ,
             Grandfather
             to
             Richard
             the
             second
             ;
             by
             which
             ,
             saith
             he
             ,
             it
             is
             manifest
             that
             the
             Jurisdiction
             of
             the
             Admiralty
             is
             only
             confined
             to
             things
             done
             upon
             the
             Sea.
             And
             truly
             taking
             only
             these
             words
             ,
             it
             may
             very
             well
             seem
             so
             to
             be
             .
             
               Sed
               tota
               lex
               in
               omnibus
               suis
               partibus
               diligenter
               prospicienda
               est
               ,
            
             
             
               &
               incivile
               est
               (
               inquit
               Celsus
               )
               nisi
               tota
               lege
               prolecta
               ,
               de
               una
               aliqua
               particula
               ejus
               proposita
               judicare
               ,
               vel
               respondere
               .
            
             Take
             we
             then
             the
             Statute
             wholly
             ,
             as
             it
             is
             set
             down
             in
             the
             Parliament
             Roll
             in
             the
             Tower
             ,
             
             and
             then
             to
             the
             best
             of
             my
             understanding
             ,
             we
             shall
             find
             that
             the
             mis-translation
             hath
             bred
             a
             mis-construction
             ,
             and
             wrong
             interpretation
             thereof
             .
          
           
             
               These
               antient
               Statutes
               were
               made
               by
               way
               of
               Petition
               and
               Answer
               ,
               and
               so
               remain
               still
               upon
               the
               Roll
               ;
               here
               is
               set
               down
               only
               the
               Answer
               to
               the
               Petition
               ,
               but
               not
               one
               word
               of
               the
               Petition
               ,
               to
               which
               the
               answer
               hath
               relation
               .
            
             Et
             cum
             non
             sit
             satis
             ad
             investigationem
             Juris
             si
             verborum
             superficiem
             teneamus
             ,
             sed
             interius
             respicienda
             est
             mens
             legislatoris
             ,
             quâ
             ratione
             motus
             fuerit
             ad
             statuendum
             aliquid
             (
             ut
             affirmat
             a
             Oldendorpius
             )
             loco
             praecitato
             .
             Certè
             nullo
             modo
             sunt
             vestiganda
             jura
             ,
             si
             verborum
             omnium
             ne
             quidem
             superficiem
             istam
             aut
             teneamus
             ,
             aut
             habeamus
             ,
             nec
             quovismodo
             est
             intelligenda
             mens
             legislatoris
             ,
             quâ
             ratione
             motus
             
             fuit
             ad
             hoc
             statuendum
             ,
             dum
             abscondita
             sit
             petitio
             ,
             super
             quâ
             fundatur
             statutum
             .
             Scire
             leges
             (
             inquit
             Celsus
             )
             non
             hoc
             est
             verba
             eorum
             tenere
             ,
             sed
             vim
             &
             potestatem
             habere
             .
             l.
             scire
             leges
             F.
             de
             legibus
             Quedcunque
             igitur
             negligere
             est
             legum
             vim
             potestatemque
             destruere
             .
             
             
               I
               shall
               therefore
               first
               set
               down
               both
               the
               Petition
               and
               answer
               as
               I
               find
               them
               in
               the
               Tower
               Roll
               ,
               and
               then
               under
               correction
               examine
               the
               true
               construction
               and
               interpretation
               of
               them
               ,
               according
               to
               the
               best
               of
               my
               ability
               .
               The
               words
               are
               these
               .
            
          
           
             Item
             ,
             prient
             les
             comes
             que
             come
             les
             Admirals
             ,
             &
             lour
             Deputies
             tiegnent
             lour
             Sessions
             en
             diverses
             places
             deins
             le
             Royalme
             ,
             si
             bien
             deins
             franchises
             come
             de
             hors
             accrochant
             au
             eux
             plus
             grant
             poaire
             que
             a
             lour
             office
             nappertinent
             en
             pre
             judice
             nostre
             sieūr
             '
             le
             Roy
             ,
             &
             le
             come
             ley
             du
             Royalme
             ,
             &
             grant
             enblemishment
             de
             plusours
             diverses
             Franchises
             en
             destruction
             &
             empourissiment
             del
             '
             comen
             people
             que
             plese
             ordaine
             &
             establer
             lour
             poaire
             en
             cest
             persent
             Parlament
             quils
             ne
             sic
             mellent
             nempriegnent
             sureux
             connisances
             ,
             de
             nulls
             contracts
             covenances
             regraters
             ,
             &c.
             que
             con
             ques
             les
             quex
             divent
             &
             purrant
             estre
             termines
             devant
             auter
             Jugges
             nostre
             sur
             le
             Roy
             deins
             les
             quatre
             miers
             Dengleterre
             deins
             Franchise
             &
             de
             horse
             ,
             &c.
             
             R.
             le
             Roy
             voit
             que
             les
             Admirals
             &
             lour
             Deputies
             ne
             soi
             mellent
             de
             sore
             ena
             vant
             de
             null
             chose
             fait
             deins
             le
             roylme
             mes
             solemet
             ,
             de
             chose
             fait
             sur
             le
             meere
             ,
             solonc
             ce
             que
             ad
             estre
             duement
             use
             en
             temps
             du
             Noble
             Roy
             Edward
             aiel
             nostre
             sūr
             le
             Roy
             quorest
             g
             .
             
               The
               first
               part
               of
               the
               Petition
               ,
               having
               set
               forth
               that
               the
               Admirals
               keeping
               their
               Sessions
               in
               divers
               places
               in
               the
               Realm
               ,
               as
               well
               within
               the
               Liberties
               ,
               as
               without
               ,
               had
               incroached
               to
               themselves
               greater
               power
               then
               belonged
               unto
               their
               Office
               ,
               &c.
               
               Then
               so
               much
               of
               the
               prayer
               of
               the
               Petition
               as
               is
               granted
               ,
               consisteth
               in
               these
               words
               .
            
          
           
             
               Quils
               ne
               sic
               mellent
               nem
               pregnent
               sur
               eux
               conisances
               de
               nulls
               Contracts
               ,
               covenances
               ,
               regrates
               ,
               &c.
               que
               con
               ques
               les
               ceux
               divent
               &
               purrant
               estre
               termines
               devant
               autres
               Jugges
               nostre
               sur
               le
               Roy
               ,
               deins
               les
               quatre
               miers
               dengleterre
               deins
               Franchise
               &
               de
               horse
            
             h
             .
             They
             pray
             that
             the
             Admirals
             may
             not
             so
             meddle
             or
             encroach
             upon
             the
             Cognizance
             of
             Contracts
             ,
             Covenants
             ,
             Regraters
             ,
             &c.
             determinable
             before
             other
             the
             Kings
             Judges
             ,
             within
             the
             four
             Seas
             of
             England
             ,
             within
             franchise
             and
             without
             the
             rest
             of
             the
             Petition
             is
             not
             granted
             ,
             but
             tacitely
             denied
             ,
             and
             this
             part
             is
             thus
             answered
             by
             the
             King.
             
          
           
             Le
             Roy
             vort
             que
             les
             Admirals
             &
             lour
             Deputies
             ne
             soi
             mellent
             ,
             &c.
             
          
           
             This
             Sir
             
               Edward
               Coke
            
             positively
             without
             any
             relation
             to
             the
             Petition
             ,
             rendreth
             in
             the
             words
             before
             set
             down
             ,
             viz.
             The
             Admirals
             and
             their
             Deputies
             shall
             not
             meddle
             from
             henceforth
             with
             any
             thing
             done
             within
             the
             Realm
             of
             England
             ,
             but
             onely
             with
             things
             done
             upon
             the
             Sea
             ;
             which
             Poulton
             more
             truly
             rendereth
             
             thus
             ;
             but
             still
             without
             relation
             to
             the
             Petition
             ,
             that
             the
             Admirals
             and
             their
             Deputies
             shall
             not
             meddle
             from
             henceforth
             ,
             of
             any
             thing
             done
             within
             the
             Realm
             ,
             but
             onely
             of
             a
             thing
             done
             upon
             the
             Sea
             ;
             rendring
             of
             ,
             for
             with
             ,
             which
             is
             the
             more
             proper
             signification
             of
             de
             ,
             and
             will
             as
             I
             conceive
             bring
             home
             the
             true
             construction
             of
             the
             Answer
             ,
             with
             relation
             to
             the
             Petition
             ,
             to
             which
             it
             hath
             ,
             and
             necessarily
             must
             have
             reference
             .
          
           
             It
             hath
             been
             affirmed
             unto
             me
             by
             some
             professors
             of
             the
             Common
             Law
             ,
             that
             the
             King
             upon
             a
             Petition
             never
             grants
             more
             then
             is
             desired
             by
             the
             Petition
             ,
             and
             that
             that
             which
             is
             granted
             more
             then
             is
             desired
             ,
             is
             void
             in
             Law
             ;
             but
             that
             I
             leave
             to
             the
             determination
             of
             such
             as
             are
             of
             their
             own
             profession
             ;
             but
             the
             same
             thing
             hath
             been
             noted
             unto
             me
             as
             a
             rule
             from
             many
             expert
             Recordmen
             ,
             more
             especially
             from
             my
             old
             deceased
             friend
             Master
             
               W.
               C.
            
             not
             long
             before
             his
             death
             ,
             then
             above
             80
             years
             of
             age
             ,
             viz.
             that
             the
             King
             in
             Parliament
             never
             granted
             more
             then
             was
             askt
             ,
             many
             times
             less
             ;
             who
             affirmed
             that
             this
             in
             his
             younger
             time
             he
             had
             taken
             for
             a
             rule
             from
             those
             that
             were
             then
             ancient
             .
             But
             this
             Answer
             here
             being
             set
             down
             positively
             alone
             ,
             without
             the
             Petition
             ,
             or
             any
             relation
             thereunto
             ,
             hath
             (
             as
             it
             seemeth
             to
             me
             )
             made
             the
             Grant
             far
             larger
             then
             the
             request
             ,
             which
             must
             not
             be
             ,
             but
             must
             be
             reduced
             thereunto
             ,
             and
             receive
             a
             Construction
             ,
             with
             a
             due
             relation
             to
             it
             .
          
           
             It
             being
             complained
             of
             in
             Parliament
             that
             the
             Admirals
             and
             their
             Deputies
             had
             encroacht
             ,
             as
             is
             before
             set
             forth
             ;
             It
             is
             desired
             by
             the
             Petition
             that
             they
             and
             their
             Deputies
             may
             not
             meddle
             with
             Contracts
             ,
             Covenants
             ,
             or
             Regraters
             ,
             &c.
             tryable
             before
             the
             other
             Judges
             ;
             It
             is
             answered
             that
             henceforth
             they
             shall
             not
             ,
             of
             a
             thing
             done
             within
             the
             Realm
             ,
             but
             of
             a
             thing
             done
             upon
             the
             Sea.
             
          
           
             The
             Construction
             of
             the
             Answer
             ,
             with
             relation
             to
             the
             Petition
             (
             which
             as
             I
             humbly
             conceive
             must
             not
             be
             separated
             by
             any
             Logician
             )
             will
             plainly
             be
             this
             .
          
           
             The
             Admirals
             and
             their
             Deputies
             shall
             not
             henceforth
             meddle
             with
             any
             Contracts
             ,
             Covenants
             ,
             &c.
             of
             ,
             or
             concerning
             any
             thing
             done
             within
             the
             Realm
             ,
             but
             onely
             of
             Contracts
             ,
             Covenants
             ,
             &c.
             of
             ,
             or
             concerning
             things
             done
             upon
             the
             Sea
             :
             So
             that
             we
             plainly
             see
             an
             Answer
             to
             a
             Question
             ,
             or
             Petition
             turned
             into
             a
             positive
             Thesis
             ,
             without
             relation
             to
             the
             thing
             ,
             whereof
             it
             is
             an
             answer
             ,
             is
             easily
             turned
             into
             another
             sence
             never
             intended
             ;
             And
             this
             answer
             to
             a
             Petition
             ,
             translated
             alone
             without
             the
             Petition
             ,
             and
             put
             positively
             ,
             as
             the
             translation
             of
             the
             Statute
             putteth
             it
             ,
             doth
             seem
             
             clearly
             to
             take
             away
             from
             the
             Admiral
             the
             Cognizance
             of
             all
             Contracts
             ,
             and
             Covenants
             whatsoever
             made
             within
             the
             Realm
             ,
             whereas
             taken
             with
             the
             relation
             to
             the
             Petition
             ,
             it
             as
             clearly
             confirms
             the
             Cognizance
             of
             Contracts
             of
             ,
             or
             concerning
             things
             done
             at
             Sea
             unto
             him
             ▪
             For
             as
             the
             answer
             to
             the
             Petition
             doth
             grant
             that
             the
             Admiral
             shall
             not
             meddle
             with
             Contracts
             of
             things
             done
             within
             the
             Realm
             ,
             so
             doth
             it
             reserve
             the
             Contracts
             and
             Covenants
             of
             things
             done
             upon
             the
             Seas
             unto
             him
             ;
             And
             the
             words
             as
             I
             said
             before
             ,
             can
             imply
             no
             other
             thing
             ,
             to
             the
             best
             of
             my
             understanding
             .
          
           
             For
             the
             following
             words
             ,
             
               Solonc
               ce
               que
               ad
               estre
               dument
               use
               en
               temps
               du
               noble
               Roy
            
             Edward
             
               aiel
               nostre
               sur
               le
               Roy
               quorust
               .
               Poulton
            
             (
             having
             thus
             translated
             the
             Answer
             ,
             without
             mention
             of
             any
             one
             word
             of
             the
             substance
             of
             the
             Petition
             )
             rendreth
             barely
             thus
             :
             as
             it
             hath
             been
             used
             in
             the
             time
             of
             the
             noble
             Prince
             King
             Edward
             ,
             Granfather
             of
             our
             Lord
             the
             King
             that
             now
             is
             :
             As
             if
             this
             positive
             Thesis
             ,
             by
             him
             extracted
             out
             of
             that
             ,
             which
             was
             the
             King's
             Answer
             to
             a
             Petition
             ,
             and
             had
             onely
             a
             relation
             thereto
             ,
             had
             been
             so
             used
             in
             Edward
             the
             thirds
             time
             ,
             whereas
             the
             words
             are
             a
             restriction
             to
             the
             answer
             ,
             and
             bindeth
             up
             the
             Law
             to
             what
             was
             used
             in
             the
             Kings
             time
             ;
             for
             Solonc
             ;
             which
             in
             true
             French
             is
             Seloon
             ;
             signifieth
             secundum
             or
             juxta
             ,
             according
             or
             agreeable
             ,
             so
             that
             if
             the
             Answer
             could
             be
             taken
             positively
             without
             relation
             to
             the
             Petition
             (
             which
             as
             I
             conceive
             it
             cannot
             be
             )
             yet
             these
             words
             
               Solonc
               ceque
               ad
               estre
               dument
               use
               ,
               &c.
            
             had
             restrained
             and
             limited
             it
             ,
             not
             to
             exceed
             or
             extend
             it self
             to
             any
             thing
             that
             was
             not
             according
             or
             agreeable
             to
             what
             was
             duely
             used
             in
             Edward
             the
             thirds
             time
             :
             So
             that
             under
             correction
             ,
             by
             that
             strained
             construction
             and
             interpretation
             that
             is
             made
             of
             the
             former
             part
             thereof
             ,
             the
             Admiral
             is
             not
             barred
             the
             Cognizance
             either
             of
             Contracts
             ,
             Covenants
             ,
             or
             any
             thing
             else
             ,
             which
             he
             had
             Cognizance
             of
             in
             that
             Kings
             raign
             .
             Take
             that
             part
             of
             the
             Petition
             wholly
             ,
             and
             the
             King
             wholly
             grants
             it
             ,
             but
             no
             more
             .
          
           
             By
             the
             Petition
             it
             is
             desired
             that
             the
             Admirals
             may
             not
             meddle
             ,
             nor
             encroach
             upon
             the
             Cognizance
             of
             Contracts
             ,
             Covenants
             ,
             Regraters
             ,
             &c.
             cognizable
             before
             the
             other
             Judges
             ;
             the
             King
             granteth
             it
             ,
             putting
             a
             difference
             between
             the
             Contracts
             ,
             &c.
             of
             things
             done
             at
             Land
             ,
             and
             of
             things
             done
             at
             Sea
             ,
             and
             by
             this
             restriction
             referreth
             to
             what
             Covenants
             ,
             Contracts
             ,
             Regraters
             ,
             &c.
             were
             duly
             used
             and
             tryed
             in
             the
             Admiralty
             in
             Edward
             the
             thirds
             time
             ,
             and
             those
             he
             thereunto
             reserveth
             the
             Cognizance
             of
             ,
             but
             no
             other
             .
             And
             now
             it
             cometh
             to
             be
             mainly
             considered
             ,
             whether
             
             Contracts
             and
             Covenants
             of
             and
             concerning
             Maritime
             businesses
             ,
             though
             made
             at
             Land
             ,
             were
             cognizable
             in
             the
             Admiralty
             Court
             ,
             or
             at
             the
             Common
             Law
             in
             Edward
             the
             thirds
             time
             .
          
           
             And
             it
             seemeth
             plaine
             unto
             me
             that
             in
             Edward
             the
             thirds
             time
             ,
             the
             Admiral
             had
             the
             Cognizance
             of
             all
             Maritime
             Causes
             ,
             by
             the
             words
             of
             their
             Patents
             .
             I
             will
             give
             but
             one
             instance
             of
             the
             Patent
             of
             
               Robert
               Herle
            
             ,
             
             already
             cited
             ,
             in
             which
             you
             shall
             finde
             these
             words
             :
             
               Dante
               's
               ei
               plenam
               tenore
               praefentium
               potestatem
               ,
               querelas
               omnium
               &
               singul●rum
               de
               his
               quae
               offieium
               Admiralli
               tangunt
               ,
               &
               cognoscendi
               in
               causis
               maritimis
               ,
               &
               justitiam
               faciendi
               ,
               &c.
               
            
             Now
             if
             Bills
             of
             Botomery
             (
             whereby
             Ships
             only
             are
             lyable
             to
             the
             payment
             of
             the
             debt
             contracted
             upon
             them
             )
             though
             contracted
             for
             at
             land
             ,
             or
             if
             freight
             for
             the
             service
             of
             Ships
             at
             sea
             ,
             or
             Mariners
             wages
             ,
             for
             their
             service
             at
             sea
             likewise
             ,
             for
             which
             either
             the
             Ships
             or
             Contracters
             are
             lyable
             at
             the
             parties
             Agents
             choice
             ,
             though
             the
             said
             Contracts
             were
             made
             at
             land
             ;
             and
             the
             like
             businesses
             which
             have
             their
             first
             rise
             from
             somewhat
             done
             at
             sea
             ,
             are
             not
             maritime
             causes
             I
             would
             gladly
             know
             what
             causes
             can
             be
             called
             maritime
             :
             for
             sure
             I
             am
             ,
             that
             maritimus
             is
             either
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             that
             which
             is
             on
             the
             Sea
             coast
             ,
             or
             nearest
             the
             Sea
             ,
             which
             the
             French
             render
             
               ou
               demeure
               aupres
               ou
               sur
               le
               bord
               de
               la
               mer
            
             ;
             and
             the
             
               Spaniard
               cerca
               de
               la
               mar
            
             .
             Or
             it
             is
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             belonging
             to
             the
             sea
             ,
             take
             which
             signification
             of
             the
             word
             you
             will
             ,
             and
             the
             before
             mentioned
             causes
             will
             be
             
               causae
               maritimae
            
             ;
             if
             for
             on
             the
             Sea-coast
             ,
             or
             near
             the
             Sea
             ,
             then
             the
             Contracts
             in
             such
             causes
             ,
             though
             they
             he
             made
             at
             land
             ,
             are
             made
             on
             the
             Sea-coast
             ,
             in
             the
             Sea
             Town
             ,
             or
             near
             the
             Sea
             :
             If
             for
             belonging
             unto
             the
             Sea
             ,
             then
             these
             Contracts
             (
             wheresoever
             they
             are
             made
             )
             are
             made
             for
             things
             to
             be
             agitated
             and
             done
             at
             sea
             ,
             and
             for
             things
             that
             cannot
             be
             done
             without
             the
             sea
             ;
             and
             such
             Contracts
             they
             are
             ,
             that
             if
             the
             sea
             was
             not
             ,
             would
             never
             have
             been
             made
             ;
             and
             therefore
             these
             Contracts
             must
             necessarily
             belong
             unto
             the
             sea
             ,
             and
             so
             must
             those
             causes
             which
             arise
             from
             them
             ;
             and
             must
             as
             necessarily
             be
             those
             
               causae
               maritimae
            
             ,
             which
             the
             Admiral
             is
             to
             take
             cognizance
             of
             .
             And
             I
             am
             confident
             that
             it
             cannot
             be
             shewed
             ,
             that
             the
             Common
             Law
             had
             any
             cognizance
             of
             these
             or
             the
             like
             causes
             in
             Edward
             the
             Thirds
             time
             ;
             or
             that
             these
             or
             such
             like
             causes
             ,
             were
             the
             causes
             wherein
             the
             Admirals
             are
             said
             then
             ,
             or
             after
             ,
             to
             have
             encroacht
             upon
             the
             Kings
             Courts
             :
             Nor
             that
             the
             Common
             Law
             had
             then
             ,
             nor
             hath
             yet
             any
             positive
             Laws
             ,
             rules
             ,
             or
             grounds
             for
             the
             decision
             of
             causes
             of
             this
             nature
             .
             And
             clear
             enough
             it
             is
             ,
             that
             even
             in
             Edward
             the
             Thirds
             Reign
             (
             to
             which
             this
             Statute
             hath
             reference
             )
             many
             Laws
             and
             rules
             were
             
             confirmed
             ,
             and
             many
             made
             for
             direction
             of
             the
             Admiral
             in
             the
             decision
             of
             Causes
             of
             this
             nature
             (
             as
             by
             several
             antient
             Records
             shall
             hereafter
             appear
             )
             by
             which
             I
             doubt
             not
             but
             that
             it
             will
             evidently
             appear
             ,
             
             that
             the
             cognizace
             of
             these
             Contracts
             concerning
             Maritime
             affairs
             ,
             wheresoever
             made
             ,
             were
             then
             duly
             used
             in
             the
             Admiralty
             Court
             ,
             and
             did
             properly
             thereunto
             belong
             .
          
        
         
           
             CHAP.
             III.
             
          
           
             That
             by
             the
             ancient
             Statutes
             of
             the
             Admiralty
             ,
             and
             by
             the
             Laws
             of
             Oleron
             ,
             it
             appeareth
             that
             Contracts
             made
             at
             land
             of
             and
             concerning
             Maritime
             affairs
             ,
             were
             cognizable
             and
             tryable
             in
             the
             Admiralty
             both
             before
             ,
             and
             even
             in
             the
             time
             of
             Edward
             the
             Third
             ,
             whereunto
             the
             last
             mentioned
             Statute
             maketh
             reference
             .
          
           
             IF
             Contracts
             and
             Covenants
             of
             and
             concerning
             Maritime
             businesses
             made
             at
             land
             were
             cognizable
             in
             the
             Admiralty
             in
             Edward
             the
             Third's
             time
             ,
             
             then
             doth
             the
             last
             before
             mentioned
             limitation
             of
             the
             Statute
             of
             the
             13th
             of
             Rich.
             2.
             5.
             continue
             them
             tryable
             there
             still
             ,
             taking
             the
             construction
             of
             the
             Statute
             to
             be
             with
             relation
             to
             the
             Petition
             ,
             or
             without
             .
          
           
             But
             before
             that
             I
             go
             about
             to
             shew
             that
             they
             were
             then
             cognizable
             there
             ,
             I
             shall
             make
             it
             first
             appear
             ,
             that
             they
             were
             there
             triable
             long
             before
             his
             time
             ,
             and
             so
             come
             to
             the
             cognizance
             of
             them
             in
             his
             time
             .
          
           
             In
             the
             beginning
             of
             that
             antient
             authentique
             book
             ,
             called
             the
             
               black
               Book
               of
               the
               Admiralty
            
             ,
             whereof
             I
             have
             formerly
             made
             mention
             ,
             in
             which
             all
             things
             therein
             comprehended
             are
             ingrossed
             in
             Vellam
             ,
             in
             an
             antient
             character
             ,
             which
             hath
             been
             from
             time
             to
             time
             kept
             in
             the
             Registry
             of
             that
             Court
             ,
             for
             the
             use
             of
             the
             Judges
             of
             the
             Admiralty
             successively
             (
             and
             is
             as
             free
             from
             suspition
             of
             being
             corrupted
             or
             falsified
             ,
             as
             the
             Records
             of
             any
             Court
             whatsoever
             )
             are
             set
             down
             the
             ancient
             Statutes
             of
             the
             Admiralty
             ,
             with
             directions
             how
             ,
             in
             what
             manner
             ,
             and
             of
             what
             things
             every
             Admiral
             shall
             enquire
             ,
             at
             every
             Port
             ,
             and
             Haven
             ,
             after
             his
             being
             made
             high
             Admiral
             :
             Where
             amongst
             other
             things
             ,
             I
             find
             an
             Ordinance
             made
             by
             Edward
             the
             First
             ,
             at
             Hastings
             ,
             as
             is
             plain
             ,
             by
             the
             Ordinance
             it self
             ,
             whereby
             all
             Stewards
             ,
             and
             
             Bayliffs
             of
             Mannours
             ,
             upon
             the
             Sea-coasts
             are
             forbidden
             to
             meddle
             with
             any
             plea
             ,
             or
             try
             any
             cause
             whatsoever
             ,
             touching
             or
             concerning
             any
             Merchant
             or
             Mariner
             ,
             whether
             by
             deed
             or
             charter
             party
             of
             Ships
             ,
             or
             other
             things
             ,
             amounting
             to
             the
             summe
             of
             20
             ,
             or
             40
             Shillings
             .
             The
             words
             are
             these
             .
          
           
             Item
             ,
             
             ordonne
             estoit
             a
             Hastings
             par
             le
             Roy
             Edward
             le
             primer
             &
             ses
             seigneurs
             que
             coment
             divers
             seigneurs
             avoient
             diverses
             franchises
             de
             trier
             plees
             ou
             Ports
             ,
             que
             leur
             seneschaulx
             ne
             Baliffs
             ,
             ne
             tendroient
             nul
             plee
             sil
             touch
             Merchant
             ou
             Mariner
             tant
             par
             fait
             come
             par
             chartre
             de
             nefs
             Obligations
             &
             autres
             faitz
             comment
             la
             somme
             amont
             que
             a
             xx
             s
             ,
             ou
             a
             xl
             s
             ,
             &
             saucun
             est
             endite
             quil
             a
             faite
             le
             contrare
             &
             de
             ce
             soit
             convict
             ,
             il
             avera
             mesme
             le
             Judgement
             come
             desus
             est
             dit
             .
             
               They
               that
               shall
               do
               to
               the
               contrary
               ,
               and
               shall
               be
               thereof
               convict
               ,
               they
               shall
               have
               the
               same
               Judgement
               as
               is
               aforesaid
               ,
               which
               is
               a
               years
               imprisonment
               ,
               set
               forth
               in
               the
               next
               preceding
               Article
               ,
               for
               a
               Mariners
               breaking
               an
               arrest
               ,
               made
               upon
               him
               ,
               for
               to
               serve
               the
               King
               in
               any
               Ship.
               
            
          
           
             And
             the
             same
             Ordinance
             concludeth
             this
             :
             
               Item
               chūn
               contract
               fait
               entre
               Marchant
               &
               Marchant
               ,
               ou
               Marchant
               ou
               Mariner
               outre
               la
               mer
               ou
               dedens
               le
               Flod
               markes
               sera
               trie
               devant
               l'
               Admirall
               &
               nemient
               ailleurs
               par
               lordonannce
               dudit
               Roy
            
             Edward
             ,
             
               &
               ses
               seigneurs
            
             .
             Also
             every
             Contract
             of
             a
             thing
             done
             between
             Merchant
             and
             Merchant
             ,
             Merchant
             or
             Mariner
             ,
             beyond
             the
             Seas
             ,
             or
             beneath
             the
             Flood
             mark
             ,
             shall
             be
             tryed
             before
             the
             Admiral
             ,
             and
             nowhere
             else
             ,
             by
             the
             Ordinance
             of
             the
             said
             King
             Edward
             and
             his
             Nobles
             .
          
           
             And
             in
             another
             thick
             covered
             Book
             with
             great
             Brass
             Bosses
             ,
             kept
             in
             the
             Registry
             of
             the
             said
             Court
             ,
             wherein
             are
             set
             down
             some
             things
             of
             Antiquity
             ,
             and
             likewise
             some
             things
             of
             latter
             times
             ,
             I
             find
             this
             very
             Ordinance
             set
             down
             in
             express
             words
             ,
             agreeing
             both
             with
             the
             former
             part
             and
             with
             the
             Addition
             thereunto
             .
          
           
             
               Wherein
               I
               likewise
               find
               an
               Article
               of
               Enquiry
               in
               Latine
               ,
               containing
               the
               whole
               substance
               of
               this
               very
               Ordinance
               ,
               in
               these
               words
               :
            
             Item
             inquiratur
             de
             hiis
             seneschallis
             &
             ballivis
             quorumcunque
             Dominorum
             per
             costera
             maris
             Dominia
             habentium
             ,
             qui
             tenent
             ,
             vel
             tenere
             usurpent
             aliquod
             placitum
             mercatorum
             vel
             marinarum
             concernens
             ,
             excedens
             summum
             quadraginta
             solidorum
             ;
             paena
             qui
             inde
             presentati
             fuerint
             &
             super
             hoc
             convicti
             paenam
             quinque
             librarum
             &
             judicium
             subibunt
             ,
             &
             haec
             est
             Ordinatio
             Edwardi
             primi
             ,
             apud
             Hastings
             regni
             sui
             Anno
             secundo
             .
          
           
             Item
             quod
             quilibet
             contractus
             initus
             &
             factus
             inter
             Calcatorem
             &
             Mercatorem
             ,
             Marinarium
             ,
             aut
             alies
             ultra
             mare
             ,
             sive
             intra
             fluxum
             maris
             ,
             vel
             refluxum
             vulgariter
             dictum
             Fludd
             marke
             erit
             triatus
             &
             terminatus
             ,
             coram
             Admirallo
             &
             non
             alibi
             per
             Ordinationem
             praedictam
             .
          
           
             And
             by
             an
             Inquisition
             ,
             
             long
             since
             translated
             out
             of
             an
             ancient
             
             French
             Copy
             into
             Latine
             ,
             by
             one
             Roughton
             ,
             and
             Ingrossed
             in
             the
             said
             black
             Book
             ,
             I
             find
             this
             whole
             Article
             in
             the
             self
             same
             words
             ,
             save
             that
             instead
             of
             these
             words
             
               paenam
               quinque
               librarum
               &
               judicium
               subibunt
               ,
            
             the
             words
             are
             these
             :
             
               Eandem
               paenam
               ut
               super
               &
               judicium
               subibunt
               :
            
             which
             agreeth
             with
             the
             Ordinance
             it self
             ,
             which
             referreth
             to
             the
             punishment
             in
             the
             preceding
             Article
             thereunto
             :
             which
             punishment
             is
             (
             as
             is
             set
             forth
             before
             )
             a
             whole
             years
             Imprisonment
             .
          
           
             Now
             that
             this
             Ordinance
             and
             this
             Article
             onely
             forbiddeth
             Stewards
             ,
             
             and
             Bayliffs
             of
             Mannours
             ,
             for
             medling
             with
             such
             Maritime
             Contracts
             ,
             and
             Causes
             ,
             it
             is
             because
             that
             at
             that
             time
             ,
             there
             were
             no
             other
             Courts
             that
             could
             encroach
             upon
             the
             Admiralty
             ;
             for
             the
             Kings-Bench
             was
             not
             setled
             in
             any
             constant
             place
             ,
             but
             followed
             the
             King
             ,
             wheresoever
             he
             went
             ;
             and
             the
             Justices
             in
             Aire
             ,
             and
             Justices
             of
             Assize
             being
             Itinerantes
             ,
             and
             sometimes
             at
             home
             ,
             and
             sometimes
             in
             their
             Circuits
             ,
             and
             somerimes
             in
             one
             place
             ,
             sometimes
             in
             another
             ,
             and
             so
             in
             no
             certain
             place
             ,
             and
             least
             of
             all
             in
             any
             Ports
             ,
             or
             Haven
             Towns
             ,
             never
             did
             nor
             could
             take
             Cognizance
             of
             Maritime
             Contracts
             ,
             or
             Causes
             ,
             which
             always
             required
             a
             most
             sudain
             dispatch
             ▪
             and
             could
             not
             expect
             their
             uncertain
             coming
             ;
             nor
             was
             the
             Court
             of
             Common
             Pleas
             then
             settled
             ;
             for
             it
             was
             resolved
             to
             be
             settled
             in
             some
             constant
             place
             ,
             but
             in
             the
             9th
             .
             year
             of
             Hen.
             the
             3.
             all
             which
             will
             appear
             ,
             by
             what
             I
             have
             formerly
             set
             down
             .
          
           
             Now
             that
             these
             Contracts
             and
             Covenants
             concerning
             Maritime
             affairs
             ,
             
             though
             made
             at
             Land
             ,
             were
             continued
             cognoscible
             in
             the
             Admiralty
             Court
             ,
             in
             Edward
             the
             3.
             time
             ,
             as
             well
             as
             before
             ,
             will
             likewise
             plainly
             appear
             thus
             .
          
           
             The
             Laws
             of
             Oleron
             ,
             
             which
             were
             brought
             into
             this
             Kingdom
             by
             Richard
             the
             1.
             were
             absolutely
             and
             compleatly
             settled
             ,
             and
             established
             in
             this
             Nation
             by
             Edward
             the
             3.
             in
             the
             12
             year
             of
             his
             raign
             ,
             as
             will
             plainly
             appear
             by
             that
             ancient
             Record
             of
             the
             Tower
             ,
             Intituled
             ,
             
               De
               Articulis
               super
               quibus
               &c.
               Anno
               Regni
               Regis
               Edward
            
             3.
             12.
             which
             is
             already
             set
             down
             ,
             which
             I
             will
             here
             repeat
             ,
             because
             I
             will
             not
             turn
             you
             back
             to
             the
             other
             place
             ,
             being
             there
             made
             use
             of
             to
             another
             purpose
             .
          
           
             Item
             ad
             finem
             quod
             resumatur
             &
             continuetur
             ad
             subditorum
             prosecutionem
             ,
             forma
             procedendi
             quondam
             ordinata
             &
             inchoata
             per
             avum
             Domini
             nostri
             Regis
             ,
             &
             ejus
             concilium
             ad
             retinendum
             &
             conservandum
             antiquam
             superioritatem
             maris
             Angliae
             ,
             &
             nos
             officii
             Admirallitatis
             in
             eodem
             quoad
             corrigendum
             ,
             interpretandum
             ,
             declarandum
             &
             conservandum
             leges
             &
             Statuta
             per
             ejus
             antecessores
             Angliae
             Reges
             dudum
             ordinata
             ad
             conservandum
             
             pacem
             &
             justitiam
             inter
             omnes
             gentes
             Nationis
             cujuscunque
             per
             mare
             Angliae
             transeuntes
             ,
             &
             ad
             cognoscendum
             super
             omnibus
             in
             contrarium
             attemptatis
             in
             eodem
             ,
             &
             ad
             puniendum
             delinquentes
             &
             damna
             passis
             satisfaciendum
             ,
             quae
             quidem
             leges
             &
             Statuta
             per
             dominum
             Richardum
             quondam
             Regem
             Angliae
             in
             reditu
             suo
             à
             terrâ
             sanctâ
             correcta
             fuerunt
             interpretata
             ,
             in
             insulâ
             Oleron
             publicata
             ,
             &
             nominata
             in
             Gallicâ
             Linguâ
             ,
             la
             ley
             Oleron
             .
          
           
             These
             Laws
             thus
             brought
             in
             and
             thus
             established
             for
             the
             direction
             and
             use
             of
             the
             Office
             of
             the
             Admiralty
             (
             as
             its
             plain
             they
             were
             by
             the
             very
             words
             of
             this
             Establishment
             ,
             
               Et
               nos
               Officii
               Admirallitatis
               in
               eodem
               ,
               &c.
            
             )
             were
             many
             of
             them
             of
             no
             use
             at
             all
             ,
             if
             the
             Admiral
             had
             not
             ,
             at
             ,
             and
             after
             the
             time
             of
             the
             bringing
             of
             them
             in
             ,
             or
             were
             not
             at
             ,
             and
             after
             the
             time
             of
             the
             settlement
             thereof
             ,
             to
             have
             had
             the
             Cognizance
             of
             Contracts
             and
             Covenants
             made
             at
             Land
             ,
             of
             and
             concerning
             Maritime
             affairs
             ;
             for
             many
             of
             them
             do
             set
             forth
             and
             declare
             ,
             what
             Judgement
             is
             to
             be
             given
             by
             the
             Admiral
             upon
             such
             Covenants
             and
             Contracts
             ;
             and
             the
             very
             first
             Judgement
             setteth
             forth
             in
             what
             case
             the
             Master
             of
             a
             Ship
             ,
             (
             being
             come
             to
             a
             strange
             Port
             )
             may
             there
             sell
             the
             Ship
             ,
             and
             in
             what
             case
             he
             may
             not
             ,
             and
             in
             what
             case
             he
             may
             pawn
             some
             of
             his
             tackle
             ,
             and
             in
             what
             not
             ;
             all
             which
             must
             needs
             be
             done
             by
             Contract
             or
             Covenant
             ,
             and
             he
             must
             necessarily
             seek
             his
             Chapman
             at
             Land
             ,
             and
             not
             at
             Sea.
             And
             who
             should
             have
             the
             Judgement
             of
             such
             contract
             ,
             whether
             it
             be
             good
             ,
             or
             a
             void
             contract
             ,
             but
             the
             Admiral
             who
             hath
             his
             direction
             by
             these
             Laws
             ,
             how
             to
             Judge
             ,
             I
             know
             not
             .
             The
             words
             of
             the
             Judgement
             are
             these
             .
          
           
             Premierement
             leu
             fait
             ung
             homme
             Mastre
             d'une
             nef
             la
             nef
             est
             a
             deux
             hommes
             ,
             
             ou
             a
             trois
             la
             nefs
             ,
             seu
             part
             du
             pais
             dout
             ille
             est
             &
             voyent
             a
             Bordeaux
             ,
             ou
             a
             la
             Rochelle
             ou
             alles
             ,
             &c.
             se
             frette
             pour
             aler
             en
             pags
             estranges
             ,
             le
             Mastre
             ne
             puet
             passe
             vendre
             le
             nef
             sil
             na
             commandement
             ou
             procuration
             des
             Seigneurs
             ,
             mais
             sil
             a
             mestier
             de
             despens
             il
             puet
             bien
             mettre
             aucuns
             des
             apparilz
             exgaige
             par
             conseil
             des
             compaignons
             da
             la
             nof
             &
             cest
             le
             Jagger
             en
             ce
             cas
             .
          
           
             Again
             a
             Master
             of
             a
             Ship
             hyreth
             Mariners
             in
             the
             Town
             where
             the
             Ship
             is
             ,
             and
             by
             their
             Agreement
             ,
             contract
             or
             covenant
             ,
             some
             are
             to
             be
             at
             marinage
             ,
             others
             at
             whole
             pay
             in
             mony
             ,
             which
             done
             ,
             the
             Ship
             can
             find
             no
             freight
             to
             go
             to
             the
             place
             where
             the
             Master
             intended
             to
             go
             ,
             and
             whether
             he
             hyred
             his
             Mariners
             ,
             but
             must
             go
             further
             ,
             or
             not
             so
             farre
             .
             This
             no
             doubt
             is
             contracting
             and
             covenanting
             at
             Land
             for
             a
             Maritime
             voyage
             ,
             which
             cannot
             as
             I
             believe
             be
             by
             the
             common
             Law
             ,
             according
             to
             the
             Maritime
             Rules
             decided
             ,
             nor
             hath
             it
             any
             rule
             of
             it self
             to
             Judge
             it
             by
             ,
             whether
             
             any
             of
             the
             Mariners
             so
             hired
             are
             bound
             to
             performe
             this
             new
             voyage
             or
             not
             ,
             which
             if
             the
             professors
             thereof
             shall
             undertake
             ,
             I
             much
             fear
             that
             in
             this
             very
             first
             question
             they
             must
             judge
             clean
             contrary
             to
             the
             Laws
             of
             the
             sea
             ,
             or
             clean
             contrary
             to
             the
             grounds
             and
             principles
             of
             their
             own
             Law
             ,
             which
             are
             very
             good
             and
             very
             reasonable
             in
             the
             land
             affairs
             ;
             
             but
             the
             reason
             thereof
             will
             not
             hold
             in
             Maritime
             businesses
             ,
             as
             I
             have
             said
             before
             .
             And
             excellent
             Authors
             there
             be
             written
             by
             Civili●ns
             ,
             which
             give
             exact
             reasons
             of
             the
             differences
             of
             judgments
             in
             land
             businesses
             and
             sea
             affairs
             .
             2.
             
             Whether
             those
             that
             are
             hired
             at
             marinage
             ,
             of
             those
             that
             are
             hired
             at
             full
             deneirs
             are
             the
             rather
             bound
             to
             performe
             the
             Voyage
             .
             3.
             
             Upon
             what
             termes
             those
             that
             are
             freest
             are
             bound
             ;
             and
             must
             performe
             the
             same
             .
             4.
             
             What
             is
             to
             be
             done
             in
             case
             the
             Voyage
             prove
             shorter
             or
             longer
             then
             that
             which
             was
             agreed
             for
             .
             The
             Judgement
             upon
             these
             particulars
             is
             set
             down
             briefly
             in
             the
             20th
             Judgement
             of
             Oleron
             ,
             and
             is
             by
             other
             Civil
             Law
             Authors
             amplyfied
             ,
             
             with
             express
             reasons
             of
             every
             particular
             .
             The
             words
             of
             the
             Judgment
             in
             the
             Laws
             of
             Oleron
             are
             these
             .
          
           
             Vng
             Maistre
             dune
             nef
             loue
             ses
             Mariners
             eu
             la
             ville
             dont
             la
             nef
             est
             les
             lowe
             les
             ungs
             a
             Marinage
             les
             autres
             à
             deniers
             ilz
             veoient
             que
             la
             nef
             ne
             puet
             troun
             fretts
             a
             venie
             en
             ses
             parties
             &
             leur
             coūient
             alzr
             &
             plus
             loing
             nes
             ceulz
             qui
             vont
             a
             marinage
             la
             doivent
             servir
             ,
             mais
             ceulx
             qui
             vont
             a
             deniers
             le
             maistre
             est
             tenu
             a
             leur
             croistre
             leurs
             loyer
             veve
             par
             veve
             &
             corps
             par
             corps
             par
             la
             raison
             qui
             les
             avoit
             lovez
             &
             a
             termine
             lieu
             &
             cliz
             viennēt
             plus
             peres
             que
             leux
             covenant
             la
             pris
             il
             doit
             avoir
             son
             loyer
             tout
             au
             lang
             ,
             
             mais
             il
             doit
             aidera
             rendre
             la
             nef
             la
             ou
             illa
             prist
             se
             le
             maistre
             veult
             a
             la
             venture
             de
             dieu
             ,
             &
             cest
             le
             judgement
             en
             ce
             cas
             .
          
           
             Other
             Judgements
             there
             be
             which
             determine
             in
             what
             cases
             the
             Master
             of
             a
             Ship
             may
             sell
             part
             of
             his
             Merchants
             wines
             ,
             or
             other
             goods
             ,
             without
             breach
             of
             his
             Charter-party
             or
             contract
             of
             a
             freightment
             ,
             and
             in
             what
             case
             such
             his
             sale
             or
             contract
             for
             such
             wines
             or
             goods
             (
             which
             must
             necessarily
             be
             made
             at
             land
             )
             shall
             be
             good
             and
             sufficient
             in
             law
             .
          
           
             And
             such
             cases
             as
             these
             the
             Admiralty
             adjudgeth
             sometimes
             at
             1
             ,
             2
             ,
             3
             ,
             or
             4
             hours
             warning
             ,
             or
             in
             a
             very
             short
             time
             ;
             for
             if
             such
             Cases
             should
             wait
             Terms
             or
             Courts
             ,
             many
             a
             Voyage
             would
             oftentimes
             be
             lost
             ,
             to
             the
             extraordinary
             great
             damage
             both
             of
             Merchants
             ,
             Owners
             ,
             Masters
             ,
             and
             Mariners
             of
             Ships
             .
          
           
             But
             for
             Contracts
             and
             Covenants
             between
             the
             Master
             of
             a
             Ship
             and
             his
             Mariners
             ;
             for
             their
             wages
             ,
             some
             have
             thought
             them
             to
             be
             upon
             sufferance
             allowed
             by
             the
             Common
             Law
             unto
             the
             Admiralty
             for
             the
             quick
             dispatch
             of
             Mariners
             ,
             and
             they
             should
             
             not
             be
             inforc'd
             to
             bring
             several
             Actions
             at
             that
             Law
             ;
             but
             had
             it
             been
             at
             the
             allowance
             or
             sufferance
             of
             that
             Law
             ,
             another
             reason
             might
             have
             been
             added
             of
             such
             their
             allowance
             or
             sufferance
             ,
             viz.
             because
             these
             poor
             men
             seldome
             have
             any
             money
             to
             expend
             in
             Suit
             ,
             for
             obtaining
             of
             so
             small
             a
             summe
             ,
             as
             commonly
             their
             wages
             severally
             amounteth
             unto
             ,
             whereas
             in
             the
             Admiralty
             they
             are
             ,
             and
             alwayes
             have
             been
             heard
             summarily
             without
             payment
             of
             one
             penny
             ,
             for
             the
             Judges
             extraordinary
             pains
             in
             the
             hearing
             ,
             and
             determining
             causes
             of
             this
             nature
             ;
             and
             an
             Advocate
             expecteth
             but
             a
             single
             Fee
             from
             them
             all
             ,
             be
             they
             never
             so
             many
             ,
             which
             oft-times
             amounteth
             not
             to
             2
             d.
             a
             piece
             .
          
           
             But
             we
             see
             plainly
             that
             such
             manner
             of
             Contracts
             belonged
             unto
             the
             Admiralty
             Court
             by
             the
             Law
             established
             and
             confirmed
             in
             the
             twelfth
             year
             of
             Edward
             the
             Third
             ,
             and
             so
             did
             all
             Contracts
             and
             Covenants
             between
             Merchants
             and
             Masters
             ,
             and
             Owners
             of
             Ships
             for
             freight
             or
             the
             like
             .
          
           
             A
             Master
             of
             a
             Ship
             lets
             a
             Ship
             to
             freight
             to
             one
             Merchant
             or
             more
             ,
             and
             they
             covenant
             and
             agree
             ,
             that
             they
             shall
             so
             lade
             ,
             that
             the
             Ship
             may
             be
             ready
             to
             depart
             by
             a
             certain
             day
             ,
             and
             they
             fail
             ,
             and
             have
             not
             fully
             laden
             by
             that
             time
             ,
             so
             that
             the
             Master
             loseth
             his
             time
             ,
             and
             oft-times
             his
             weathering
             ;
             this
             is
             a
             Contract
             or
             Covenant
             made
             at
             land
             ;
             yet
             hath
             the
             Common
             Law
             no
             law
             or
             rule
             that
             ,
             ever
             I
             could
             learn
             ,
             to
             judge
             the
             same
             by
             :
             1.
             
             Whether
             in
             this
             place
             the
             Master
             may
             contract
             with
             any
             other
             Merchant
             for
             a
             new
             freight
             ,
             or
             not
             .
             2.
             
             What
             lading
             boarded
             firmeth
             the
             Contract
             ,
             and
             holdeth
             it
             on
             ,
             and
             what
             freeth
             it
             .
             3.
             
             In
             case
             the
             Contract
             be
             held
             firme
             ,
             how
             many
             dayes
             after
             the
             terme
             is
             expired
             ,
             bring
             the
             Merchants
             within
             the
             compass
             of
             the
             Law
             to
             make
             satisfaction
             .
             4.
             
             What
             satisfaction
             is
             to
             be
             made
             ,
             and
             in
             what
             manner
             .
             5.
             
             How
             such
             satisfaction
             being
             made
             ,
             the
             same
             is
             to
             be
             divided
             between
             the
             Master
             and
             the
             Mariners
             .
             And
             6.
             
             How
             such
             an
             accident
             firmeth
             or
             altereth
             the
             Contract
             made
             between
             the
             Master
             and
             the
             Mariners
             .
             If
             therefore
             in
             Sea
             affairs
             there
             were
             not
             Sea
             Laws
             and
             Rules
             to
             limit
             and
             regulate
             such
             general
             Contracts
             ,
             but
             that
             they
             should
             be
             held
             broken
             for
             defect
             of
             performance
             of
             every
             particular
             circumstance
             at
             the
             Common
             Law
             ,
             very
             many
             and
             great
             inconveniences
             would
             follow
             in
             cases
             of
             this
             nature
             ,
             because
             as
             the
             land
             is
             more
             firme
             then
             the
             sea
             ,
             so
             are
             not
             land
             businesses
             so
             subject
             unto
             various
             events
             ,
             as
             the
             sea
             affairs
             are
             ,
             but
             are
             at
             a
             farre
             more
             certainty
             for
             the
             performance
             of
             particular
             circumstances
             ,
             then
             the
             sea
             affairs
             possibly
             can
             be
             ;
             and
             yet
             it
             will
             not
             be
             denyed
             ,
             but
             that
             some
             Contracts
             made
             at
             land
             concerning
             
             Land
             businesses
             ,
             are
             against
             the
             Law
             ,
             some
             void
             by
             Law
             ,
             and
             some
             must
             be
             regulated
             by
             Law
             ,
             much
             more
             must
             such
             as
             concern
             Maritime
             affairs
             be
             regulated
             by
             such
             Laws
             as
             are
             most
             proper
             for
             them
             ,
             which
             are
             the
             Maritime
             Laws
             ;
             and
             if
             these
             Laws
             shall
             not
             be
             observed
             and
             followed
             in
             this
             Land
             and
             Nation
             ,
             
             as
             well
             as
             in
             all
             others
             ,
             the
             English
             Merchants
             ,
             and
             the
             Enhlish
             Mariner
             and
             Owners
             of
             Ships
             will
             be
             tyed
             to
             such
             inconveniences
             as
             the
             Merchants
             ,
             Mariners
             and
             Owners
             of
             Ships
             of
             no
             other
             Nation
             are
             ,
             to
             their
             extraordinary
             disadvantage
             ;
             but
             this
             is
             but
             a
             digression
             ,
             which
             hath
             been
             spoken
             of
             more
             at
             large
             elsewhere
             ,
             and
             therefore
             we
             will
             return
             to
             the
             matter
             .
          
           
             As
             the
             20th
             .
             Judgement
             of
             Oleron
             is
             set
             down
             for
             a
             guide
             and
             direction
             of
             the
             Admiral
             and
             Judges
             of
             the
             Admiralty
             in
             the
             particular
             Contracts
             before
             mentioned
             therein
             between
             Masters
             of
             Ships
             and
             Mariners
             ;
             so
             doth
             the
             22.
             
             Judgement
             set
             down
             a
             rule
             ,
             to
             guide
             and
             direct
             them
             in
             the
             Judgement
             of
             Contracts
             ,
             and
             Covenants
             made
             between
             Merchants
             and
             Mariners
             ,
             and
             Owners
             of
             Ships
             in
             the
             case
             above
             specified
             ,
             which
             is
             in
             some
             particulars
             of
             that
             case
             plain
             enough
             ,
             yet
             in
             all
             it
             cannot
             be
             perfectly
             understood
             ,
             but
             by
             such
             Civilians
             as
             are
             very
             well
             verst
             in
             other
             both
             ancienter
             and
             subsequent
             Authors
             ,
             who
             have
             wrote
             of
             the
             Maritime
             Laws
             ;
             the
             words
             of
             this
             Judgement
             I
             shall
             here
             set
             down
             .
          
           
             Vng
             Mastre
             frette
             sa
             nef
             a
             ung
             Merchant
             &
             est
             devise
             entre
             eux
             &
             im's
             ung
             terme
             pour
             chargier
             la
             nef
             &
             les
             Mariners
             par
             le
             space
             de
             xv
             jours
             ou
             de
             plus
             oultre
             &
             aucune
             foiz
             en
             pert
             le
             Maistre
             son
             fret
             ,
             &
             sa
             mession
             par
             default
             dung
             Merchant
             ,
             
             le
             Marchant
             est
             tenu
             alamender
             ,
             &
             in
             celle
             amende
             que
             sera
             faitte
             les
             Mariners
             auront
             le
             quart
             &
             le
             Maistre
             les
             trois
             parties
             par
             la
             raison
             quil
             trouve
             les
             costes
             &
             cest
             le
             Judgement
             en
             ce
             cas
             .
          
           
             This
             Judgement
             is
             without
             question
             a
             plain
             direction
             to
             the
             Admiral
             and
             Judges
             of
             the
             Admiralty
             ,
             what
             to
             determine
             in
             some
             of
             the
             particulars
             above
             mentioned
             ,
             upon
             a
             Contract
             made
             at
             Land
             for
             freight
             of
             a
             Ship
             ,
             which
             serveth
             sufficiently
             for
             my
             purpose
             ,
             to
             prove
             that
             the
             Admiral
             and
             Judges
             of
             the
             Admiralty
             had
             both
             before
             ,
             and
             in
             Edward
             the
             3.
             time
             (
             who
             in
             the
             twelfth
             year
             of
             his
             raign
             established
             these
             Laws
             )
             Cognizance
             of
             Contracts
             made
             at
             Land
             between
             Merchants
             and
             Mariners
             ,
             and
             Owners
             of
             Ships
             for
             freight
             .
          
           
             And
             to
             this
             Judgement
             ,
             which
             sheweth
             what
             is
             to
             be
             determined
             in
             case
             of
             freight
             ,
             where
             the
             Merchant
             is
             in
             fault
             or
             delay
             ,
             
             I
             shall
             adde
             ,
             and
             here
             set
             down
             one
             Judgement
             more
             ,
             which
             sheweth
             what
             is
             to
             be
             determined
             ,
             when
             the
             Mariner
             ,
             or
             any
             of
             the
             Owners
             are
             in
             default
             or
             delay
             :
             As
             if
             a
             Merchant
             do
             take
             to
             freight
             by
             Contract
             or
             Covenant
             ,
             any
             Ship
             lying
             in
             any
             Port
             or
             Haven
             ,
             and
             it
             falleth
             out
             that
             the
             Ship
             is
             stopped
             or
             stayed
             ,
             through
             de●ault
             of
             the
             Mariner
             ,
             or
             any
             of
             his
             Owners
             ,
             and
             how
             and
             in
             what
             manner
             this
             Contract
             or
             Covenant
             holdeth
             ,
             or
             holdeth
             not
             ;
             and
             these
             are
             the
             words
             of
             the
             Judgement
             .
          
           
             Item
             ordonne
             est
             &
             estably
             pour
             loy
             &
             custume
             de
             la
             mer
             que
             se
             ung
             merchant
             a
             frette
             une
             nef
             eu
             quelque
             Port
             que
             se
             soit
             &
             a
             viengne
             que
             le
             nef
             soit
             empeschee
             pour
             default
             du
             maistre
             ou
             du
             Seigneur
             a
             celliu
             a
             qui
             la
             nef
             est
             le
             merchant
             qui
             avoit
             frette
             la
             nef
             puet
             requirra
             le
             maistre
             entelle
             maniere
             je
             te
             requier
             que
             tu
             mettes
             mes
             biens
             ou
             mes
             denrrees
             en
             la
             nef
             &
             le
             maistre
             dit
             que
             la
             nef
             est
             empeschee
             de
             par
             aucun
             Seigneur
             le
             Merchant
             qui
             avoit
             frette
             la
             nef
             se
             puet
             partir
             du
             covenant
             &
             affrettment
             du
             dit
             maistre
             &
             affretter
             a
             son
             choys
             ailleurs
             sans
             ce
             que
             soit
             tenu
             audit
             maistre
             de
             rien
             a
             mender
             ,
             
             &
             se
             le
             Merchant
             ne
             trouve
             frett
             il
             puet
             bien
             demander
             au
             Maistre
             ses
             dommages
             pour
             la
             raison
             quil
             la
             mye
             tenuz
             ses
             Convenants
             &
             affrement
             dessus
             ditz
             &
             le
             Maistre
             lui
             doit
             amender
             ,
             &
             cest
             le
             Judgement
             en
             ce
             cas
             .
          
           
             Several
             other
             Judgements
             there
             be
             ,
             
             which
             (
             when
             a
             Ship
             is
             so
             taken
             to
             freight
             by
             any
             Merchant
             )
             do
             set
             forth
             several
             duties
             to
             be
             performed
             ,
             both
             on
             the
             Merchants
             part
             ,
             and
             likewise
             on
             the
             Masters
             and
             Mariners
             parts
             ,
             which
             I
             shall
             not
             here
             set
             down
             ,
             because
             it
             is
             not
             my
             drift
             ,
             or
             purpose
             to
             shew
             what
             the
             Laws
             of
             the
             Seas
             are
             ,
             but
             onely
             to
             shew
             that
             by
             the
             Laws
             of
             Oleron
             established
             in
             Edward
             the
             3.
             time
             ,
             Contracts
             for
             freight
             of
             Ships
             ,
             and
             Mariners
             wages
             were
             cognoscible
             in
             the
             Admiralty
             Court
             ,
             and
             these
             Laws
             are
             left
             as
             guides
             and
             rules
             for
             the
             Admirals
             ,
             and
             Judges
             of
             the
             Admiralty
             to
             determine
             such
             causes
             by
             .
          
           
             Hence
             it
             is
             plain
             to
             my
             understanding
             ,
             that
             the
             Statute
             of
             Richard
             the
             2.
             though
             taken
             in
             the
             most
             generall
             construction
             ,
             without
             reference
             or
             relation
             to
             the
             Petition
             (
             which
             I
             cannot
             by
             any
             means
             be
             drawn
             or
             perswaded
             to
             allow
             )
             yet
             being
             restrain'd
             with
             this
             restriction
             
               Solonc
               ce
               que
               ad
               estre
               duement
               use
               en
               temps
               du
               noble
               Roy
               ail
               nostre
               quorust
               ,
            
             doth
             no
             ways
             at
             all
             take
             away
             the
             Admirals
             ,
             or
             the
             Court
             of
             the
             Admiralties
             Cognizance
             of
             any
             thing
             whatsoever
             was
             cognoscible
             before
             them
             ,
             in
             Edward
             the
             3s
             time
             ,
             and
             so
             consequently
             doth
             it
             not
             take
             away
             the
             Cognizance
             of
             Contracts
             for
             freight
             ,
             nor
             wages
             ,
             nor
             are
             they
             any
             of
             the
             encroachments
             complained
             of
             in
             the
             Petition
             ,
             whereunto
             that
             Statute
             is
             an
             answer
             .
          
           
           
             And
             divers
             other
             Judgments
             there
             be
             amongst
             these
             Laws
             of
             Oleron
             ,
             which
             determine
             Contracts
             made
             between
             the
             Masters
             of
             Ships
             and
             Pilots
             ,
             or
             Loads-men
             ,
             whether
             the
             same
             be
             made
             at
             land
             or
             elsewhere
             ,
             for
             the
             conducting
             of
             Ships
             into
             Ports
             and
             Havens
             ,
             or
             from
             one
             Port
             or
             place
             to
             another
             ;
             I
             shall
             only
             quote
             some
             two
             or
             three
             of
             them
             ,
             and
             leave
             the
             rest
             .
          
           
             Item
             se
             ung
             lodeman
             prent
             charge
             sur
             luy
             de
             amaner
             une
             nef
             en
             aucun
             port
             &
             avient
             quen
             sa
             defaulte
             la
             nef
             soit
             perie
             ,
             
             &c.
             marchandises
             endomagees
             ,
             &c.
             
          
           
             Item
             estably
             est
             pour
             custume
             de
             mer
             que
             se
             une
             nef
             est
             perdue
             par
             la
             defaulte
             de
             une
             lodeman
             ,
             
             &c.
             
          
           
             Vng
             bachellor
             est
             lodeman
             de
             une
             nef
             &
             est
             love
             alamener
             jusquis
             au
             port
             ou
             len
             la
             doit
             discharger
             ,
             &c.
             
             
               And
               some
               others
               there
               be
               of
               the
               same
               nature
               .
            
          
           
             And
             the
             ancient
             Statutes
             of
             the
             Admiralty
             and
             Laws
             of
             Oleron
             before
             mentioned
             ,
             established
             by
             the
             said
             King
             Edward
             the
             Third
             ,
             in
             the
             12
             year
             of
             his
             Reign
             ,
             
             as
             is
             before
             declared
             ,
             having
             settled
             the
             cognizance
             of
             such
             Contracts
             ,
             and
             Maritime
             Causes
             in
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             he
             granteth
             the
             same
             to
             his
             Admirals
             by
             their
             Patents
             (
             as
             appeareth
             by
             that
             Patent
             before
             mentioned
             ,
             
             granted
             unto
             
               Robert
               Herle
            
             in
             the
             35
             of
             his
             Reign
             .
             )
             But
             (
             as
             it
             seemeth
             )
             some
             in
             those
             times
             having
             opposed
             ,
             or
             at
             leastwise
             afterwards
             interrupted
             this
             settlement
             ,
             the
             same
             King
             caused
             an
             Inquisition
             to
             be
             made
             at
             Quinborough
             ,
             the
             second
             day
             of
             April
             in
             the
             49th
             year
             of
             his
             Reign
             ,
             before
             
               William
               Latimer
            
             Chamberlain
             of
             England
             ,
             and
             Warden
             of
             the
             Cinque
             Ports
             ,
             and
             
               William
               Nevill
            
             his
             Admiral
             of
             the
             North
             ,
             by
             near
             twenty
             of
             the
             most
             able
             and
             best
             skilled
             seafaring
             men
             of
             several
             Port
             Towns
             of
             this
             Nation
             ,
             of
             and
             concerning
             the
             ancient
             customes
             of
             the
             Admiralty
             ,
             
             to
             be
             held
             firme
             and
             continued
             according
             to
             their
             Verdict
             ,
             as
             I
             have
             at
             large
             set
             forth
             in
             the
             twelfth
             chapter
             of
             the
             second
             book
             of
             this
             Treatise
             .
          
           
             I
             shall
             therefore
             proceed
             to
             shew
             that
             by
             the
             said
             Inquisition
             ,
             it
             plainly
             appeareth
             ,
             that
             Contracts
             made
             at
             land
             of
             and
             concerning
             Maritime
             affairs
             ,
             were
             in
             Edward
             the
             Third's
             time
             cognoscible
             and
             tryable
             in
             the
             Admiralty
             Court.
             
          
        
         
           
           
             CHAP.
             IIII.
             
          
           
             That
             by
             the
             Antient
             Inquisition
             taken
             at
             Quinborough
             in
             Edward
             the
             Third's
             time
             ,
             it
             appeareth
             that
             the
             cognizance
             of
             Contracts
             made
             at
             land
             concerning
             Maritime
             affairs
             belonged
             then
             and
             before
             unto
             the
             Admiralty
             Court.
             
          
           
             IT
             hath
             been
             an
             antient
             Rule
             or
             Maxime
             amongst
             Merchants
             ,
             Owners
             of
             Ships
             ,
             Masters
             of
             Ships
             ,
             and
             all
             sorts
             of
             Mariners
             and
             Seamen
             ,
             that
             
               Freight
               is
               the
               Mother
               of
               Wages
            
             ;
             therefore
             are
             the
             Mariners
             wages
             to
             be
             paid
             out
             of
             the
             freight
             the
             Ship
             hath
             earned
             ;
             and
             the
             damages
             done
             to
             the
             Merchants
             goods
             by
             the
             Mariners
             ,
             or
             sustained
             through
             their
             negligence
             ,
             is
             to
             be
             paid
             out
             of
             the
             freight
             ;
             and
             what
             is
             so
             paid
             out
             of
             the
             freight
             ,
             is
             to
             be
             deducted
             out
             of
             their
             wages
             ;
             and
             by
             this
             rule
             all
             are
             necessarily
             cognoscible
             in
             one
             and
             the
             same
             Court
             or
             Judicature
             ;
             and
             the
             damage
             done
             at
             sea
             being
             cognoscible
             in
             the
             Admiralty
             ,
             and
             no
             where
             else
             ,
             
             that
             cause
             must
             necessarily
             carry
             the
             other
             two
             along
             with
             it
             ,
             both
             which
             are
             likewise
             there
             tryable
             ,
             both
             for
             this
             and
             divers
             other
             reasons
             in
             the
             first
             chapter
             of
             this
             third
             Book
             exprest
             .
             But
             I
             am
             likewise
             here
             to
             shew
             ,
             that
             by
             the
             Inquisition
             taken
             at
             Quinborough
             in
             Edward
             the
             Thirds
             time
             for
             direction
             of
             the
             Admiralty
             Jurisdiction
             ,
             
             as
             is
             already
             set
             forth
             ,
             the
             same
             were
             both
             then
             and
             before
             cognoscible
             in
             the
             Admiralty
             Court.
             
          
           
             By
             the
             14th
             Article
             of
             that
             Inquisition
             ,
             if
             a
             Ship
             be
             let
             to
             freight
             for
             several
             prices
             or
             rates
             of
             affreightment
             ,
             the
             whole
             freight
             shall
             be
             cast
             up
             rateably
             ,
             and
             the
             Mariners
             paid
             out
             of
             the
             whole
             ;
             so
             that
             the
             Admiralty
             is
             to
             take
             cognizance
             of
             the
             several
             Contracts
             of
             affreightment
             made
             by
             the
             Merchants
             before
             the
             lading
             of
             their
             goods
             ,
             and
             to
             cause
             the
             Mariners
             to
             be
             paid
             their
             wages
             they
             had
             contracted
             for
             before
             their
             entring
             into
             their
             service
             on
             Shipboard
             ,
             according
             to
             the
             said
             agreements
             of
             affreightment
             :
             the
             words
             of
             the
             Article
             are
             these
             .
          
           
             Item
             se
             une
             nef
             soit
             affreta
             a
             divers
             pris
             de
             fretters
             lentier
             de
             tout
             laffret
             sera
             accompte
             ensemble
             &
             les
             portages
             paiez
             aux
             mariners
             selon
             lafferāt
             du
             fret
             de
             chūn
             tonnel
             lun
             acompte
             cōe
             dit
             est
             droittement
             avec
             quis
             lautre
             .
             
          
           
             Divers
             rules
             there
             are
             in
             the
             Maritime
             Laws
             for
             direction
             ,
             whether
             ,
             and
             when
             Mariners
             are
             to
             have
             their
             wages
             contracted
             for
             ,
             when
             not
             ,
             when
             all
             ,
             when
             some
             part
             thereof
             ,
             and
             what
             part
             
             thereof
             ,
             which
             are
             guided
             by
             the
             rates
             of
             payment
             of
             freight
             .
             I
             shall
             instance
             but
             in
             one
             more
             out
             of
             this
             Inquisition
             ,
             and
             that
             shall
             be
             out
             of
             the
             very
             next
             article
             to
             that
             before
             set
             down
             ,
             which
             followeth
             in
             these
             words
             .
          
           
             Item
             une
             nef
             soit
             affrettee
             deurs
             quilque
             '
             lien
             quae
             soit
             &
             ait
             certain
             jour
             limite
             de
             paiement
             de
             son
             fret
             en
             endenture
             ,
             ou
             autrement
             les
             Mariners
             scront
             paiez
             de
             la
             moitie
             de
             lieurs
             louyers
             a
             la
             charge
             de
             la
             nef
             ,
             &
             de
             lautre
             moitie
             quant
             mesme
             la
             nef
             sera
             venus
             en
             lien
             de
             sa
             discharge
             se
             le
             maistre
             ou
             le
             seigneur
             de
             la
             nef
             ny
             veult
             come
             dit
             est
             avoir
             la
             nef
             lostel
             &
             de
             leure
             serout
             ilz
             paiez
             quant
             la
             moitie
             du
             dit
             fret
             est
             receu
             .
             
          
           
             It
             being
             plain
             then
             that
             this
             Inquisition
             was
             in
             .
             Edward
             the
             Third's
             time
             taken
             for
             the
             direction
             of
             the
             Judicature
             of
             the
             Admiralty
             ,
             it
             is
             as
             plain
             by
             these
             Articles
             ,
             that
             in
             his
             time
             the
             Admiral
             had
             cognizance
             of
             Contracts
             made
             for
             freight
             of
             Ships
             and
             Mariners
             wages
             ,
             wheresoever
             the
             said
             Contracts
             were
             made
             ;
             and
             then
             the
             Statute
             of
             Richard
             the
             Second
             ,
             cap.
             13.
             being
             shut
             up
             with
             this
             clause
             of
             
               Solonc
               ce
               que
               ad
               estre
               duement
               use
               en
               temps
               du
               noble
               Roy
            
             Edward
             
               ail
               nostre
            
             ,
             doth
             no
             wayes
             take
             away
             the
             cognizance
             thereof
             from
             the
             Admiralty
             ,
             which
             is
             a
             thing
             I
             cannot
             too
             often
             repeat
             .
          
           
             Neither
             resteth
             this
             Inquisition
             here
             ,
             but
             what
             matters
             were
             cogno●cible
             ,
             and
             to
             be
             determined
             before
             the
             Admiral
             by
             the
             Laws
             which
             I
             have
             in
             the
             former
             chapter
             quoted
             out
             of
             the
             Laws
             of
             Oleron
             ,
             and
             by
             divers
             others
             of
             them
             ,
             as
             well
             as
             those
             there
             quoted
             ,
             and
             by
             divers
             other
             Articles
             in
             the
             foregoing
             part
             of
             this
             Inquisition
             ,
             being
             then
             fully
             settled
             and
             established
             .
             It
             is
             towards
             the
             latter
             end
             of
             this
             said
             Inquisition
             provided
             ,
             and
             care
             is
             thereby
             taken
             ,
             that
             neither
             those
             matters
             ,
             nor
             any
             of
             that
             nature
             should
             be
             elsewhere
             in
             any
             other
             Court
             meddled
             with
             :
             I
             shall
             only
             take
             two
             or
             three
             Articles
             together
             ,
             which
             appoint
             ,
             that
             at
             all
             Admiralty
             Sessions
             enquiries
             shall
             be
             made
             of
             all
             such
             as
             shall
             implead
             or
             sue
             any
             man
             in
             any
             other
             Court
             then
             the
             Admiralty
             ,
             for
             any
             matters
             or
             things
             there
             cognoscible
             or
             determinable
             ,
             either
             by
             the
             foregoing
             Laws
             or
             Articles
             ,
             or
             otherwise
             :
             And
             those
             are
             the
             51
             ,
             52
             ,
             and
             53
             Articles
             of
             this
             Inquisition
             ,
             which
             follow
             in
             these
             words
             .
          
           
             Item
             soit
             enquis
             de
             tous
             ceulx
             q'
             emple●●ent
             aueun
             home
             a
             la
             commune
             loy
             de
             la
             tre
             '
             de
             chose
             appurtenant
             dancien
             droit
             a
             la
             loy
             marine
             .
             
          
           
             Item
             soit
             enquis
             de
             tous
             juges
             qui
             〈◊〉
             et
             devant
             eulz
             aucuns
             plets
             apappurtenants
             par
             droiture
             a
             la
             court
             de
             ladmiral●●
             .
             
          
           
             Item
             soit
             enquis
             de
             tous
             ceulz
             qui
             distourbent
             les
             lieutenants
             de
             ladmiral
             ou
             autres
             ses
             ministers
             de
             faire
             duement
             execution
             de
             se●
             mandements
             .
             
          
           
             These
             Articles
             are
             not
             only
             for
             the
             enquiry
             of
             all
             such
             as
             have
             
             impleaded
             any
             man
             at
             the
             Common
             Law
             of
             the
             land
             ,
             for
             any
             thing
             appertaining
             of
             ancient
             right
             unto
             the
             Maritime
             Law
             ,
             but
             likewise
             of
             all
             such
             as
             have
             held
             before
             them
             any
             pleas
             of
             right
             belonging
             unto
             the
             Court
             of
             the
             Admiralty
             ,
             according
             to
             the
             Laws
             of
             Oleron
             ,
             and
             the
             several
             Articles
             of
             this
             Inquisition
             both
             settled
             and
             confirmed
             in
             the
             time
             of
             his
             Reign
             :
             and
             to
             enquire
             of
             all
             such
             likewise
             which
             have
             at
             any
             time
             disturbed
             the
             Lieutenants
             of
             the
             Admiralty
             ,
             or
             any
             other
             of
             the
             Ministers
             of
             the
             Court
             in
             the
             due
             execution
             of
             their
             Mandats
             and
             Warrants
             .
          
           
             I
             might
             here
             proceed
             further
             to
             shew
             that
             by
             that
             other
             Inquisition
             translated
             out
             of
             old
             French
             into
             Latine
             by
             Roughton
             ,
             and
             set
             down
             in
             the
             before
             mentioned
             black
             book
             of
             the
             Admiralty
             ,
             it
             likewise
             plainly
             appeareth
             that
             Contracts
             made
             at
             land
             concerning
             Maritime
             affairs
             were
             then
             ,
             or
             before
             that
             time
             tryable
             in
             the
             Admiralty
             Court
             :
             For
             whether
             that
             Inquisition
             was
             taken
             in
             Edward
             the
             Third's
             time
             ,
             or
             before
             ,
             doth
             not
             appear
             ,
             the
             same
             bearing
             no
             date
             ,
             and
             in
             that
             regard
             likely
             to
             be
             farre
             more
             ancient
             :
             but
             because
             the
             same
             is
             in
             most
             particulars
             agreeable
             with
             this
             Inquisition
             ,
             
             and
             in
             regard
             I
             have
             touched
             upon
             it
             already
             in
             the
             chapter
             where
             I
             have
             argued
             the
             self
             same
             matter
             from
             the
             Laws
             of
             Oleron
             ,
             I
             shall
             here
             pass
             it
             over
             ,
             and
             passe
             unto
             the
             other
             Statutes
             which
             are
             instanced
             in
             against
             the
             cognizance
             of
             matters
             of
             this
             nature
             in
             the
             Admiralty
             Court.
             
          
        
         
           
             CHAP.
             V.
             
          
           
             The
             Argument
             deduced
             out
             of
             the
             Statute
             of
             the
             15
             of
             R.
             2.
             cap.
             3.
             to
             prove
             the
             Contracts
             made
             at
             land
             concerning
             Maritime
             affairs
             ,
             are
             not
             cognoscible
             in
             the
             Admiralty
             Court
             ,
             answered
             .
          
           
             I
             Am
             now
             come
             unto
             the
             second
             Statute
             urged
             by
             Sir
             
               Edward
               Coke
            
             ,
             against
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             which
             howsoever
             he
             took
             to
             be
             plain
             for
             his
             purpose
             ,
             yet
             well
             weighed
             ,
             and
             rightly
             considered
             from
             the
             original
             ,
             in
             my
             judgment
             ,
             maketh
             clearly
             against
             it
             ,
             
             and
             confirms
             the
             construction
             I
             have
             made
             of
             the
             Statute
             of
             the
             〈◊〉
             of
             Ric.
             2.
             in
             the
             second
             chapter
             of
             this
             Book
             .
          
           
             I
             shall
             first
             set
             down
             the
             Statute
             it self
             ,
             as
             he
             rendreth
             it
             ,
             then
             as
             Poulton
             translateth
             it
             ;
             and
             lastly
             as
             the
             original
             truely
             hath
             it
             ,
             
             which
             is
             worthy
             the
             observing
             ;
             and
             then
             come
             to
             set
             forth
             the
             true
             meaning
             and
             sence
             thereof
             ,
             according
             to
             my
             best
             understanding
             .
          
           
             And
             first
             it
             is
             by
             him
             thus
             rendred
             ,
             
             That
             the
             Court
             of
             the
             Admiral
             hath
             no
             manner
             of
             Cognizance
             ,
             Power
             nor
             Jurisdiction
             of
             any
             manner
             of
             Contract
             ,
             Plea
             or
             Querele
             ,
             or
             of
             any
             other
             thing
             done
             ,
             rising
             within
             the
             Bodies
             of
             the
             Counties
             ,
             either
             by
             Land
             ,
             or
             by
             Water
             ,
             and
             also
             of
             wreck
             ,
             of
             the
             Sea
             :
             But
             all
             such
             manner
             of
             Contracts
             ,
             Pleas
             and
             Quereles
             ,
             and
             all
             other
             things
             rising
             within
             the
             bodies
             of
             the
             Counties
             ,
             either
             by
             Land
             ,
             or
             by
             Water
             ,
             as
             is
             aforesaid
             ,
             and
             also
             wreck
             of
             the
             Sea
             ,
             shall
             be
             tryed
             ,
             termined
             ,
             discussed
             ,
             and
             remedied
             by
             the
             Laws
             of
             the
             Land
             ,
             and
             not
             before
             ,
             nor
             by
             the
             Admiral
             nor
             his
             Lieutenant
             in
             no
             manner
             .
             Nevertheless
             of
             the
             death
             a
             man
             ,
             and
             of
             mayme
             done
             in
             great
             Ships
             ,
             being
             and
             hovering
             in
             the
             main
             stream
             ,
             in
             the
             great
             Rivers
             ,
             onely
             beneath
             the
             points
             of
             the
             same
             Rivers
             ,
             and
             in
             no
             other
             place
             of
             the
             same
             Rivers
             ,
             the
             Admirall
             shall
             have
             Cognizance
             .
          
           
             In
             the
             ancient
             Statutes
             ,
             which
             were
             made
             by
             way
             of
             Petition
             and
             answer
             ,
             Poulton
             in
             his
             Collection
             of
             Statutes
             ,
             generally
             setteth
             forth
             the
             Petition
             by
             way
             of
             Preface
             to
             the
             body
             of
             the
             Statute
             ,
             which
             he
             deduceth
             out
             of
             the
             answer
             ,
             which
             in
             all
             Statutes
             which
             concern
             not
             one
             Jurisdiction
             and
             another
             ,
             he
             hath
             done
             plainly
             and
             well
             enough
             ,
             in
             the
             most
             ,
             and
             yet
             not
             in
             all
             .
          
           
             The
             same
             method
             and
             order
             he
             hath
             not
             observed
             in
             the
             Translation
             of
             these
             before
             mentioned
             Statutes
             ,
             which
             concern
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             wherein
             he
             ,
             or
             some
             other
             whom
             he
             hath
             followed
             ,
             hath
             not
             dealt
             so
             fairly
             in
             my
             judgement
             ,
             as
             he
             hath
             done
             in
             the
             translating
             and
             collecting
             of
             the
             rest
             ;
             as
             may
             well
             be
             observed
             by
             comparing
             them
             with
             the
             Originals
             ;
             he
             rendreth
             this
             Statute
             thus
             .
          
           
             At
             the
             great
             and
             grievous
             complaint
             of
             all
             the
             Commons
             made
             to
             our
             Lord
             the
             King
             ,
             in
             this
             present
             Parliament
             ,
             for
             that
             the
             Admirals
             and
             their
             Deputies
             do
             incroach
             to
             them
             divers
             Jurisdictions
             ,
             Franchises
             ,
             and
             many
             other
             profits
             pertaining
             to
             our
             Lord
             the
             King
             ,
             and
             to
             other
             Lords
             ,
             Cities
             and
             Burroughs
             ,
             besides
             those
             they
             were
             wont
             or
             ought
             to
             have
             of
             right
             ,
             to
             the
             great
             oppression
             ,
             and
             impoverishment
             of
             all
             the
             Commons
             of
             the
             Land
             ,
             and
             hinderance
             and
             loss
             of
             the
             Kings
             profits
             ,
             and
             of
             many
             other
             Lords
             ,
             Cities
             ,
             and
             Burroughs
             through
             the
             Realm
             ;
             It
             is
             Declared
             ,
             Ordained
             ,
             and
             established
             ,
             that
             of
             all
             manner
             of
             Contracts
             ,
             Pleas
             ,
             and
             Quarrels
             ,
             and
             of
             all
             other
             things
             done
             ,
             
             rising
             within
             the
             bodies
             of
             Counties
             ,
             as
             well
             by
             land
             as
             by
             water
             ,
             and
             also
             wreck
             of
             the
             sea
             ,
             the
             Admirals
             Court
             shall
             have
             no
             manner
             of
             cognisance
             ,
             power
             ,
             nor
             jurisdiction
             ;
             but
             all
             such
             manner
             of
             Contracts
             ,
             Pleas
             ,
             and
             Quarells
             ,
             and
             other
             things
             rising
             within
             the
             bodies
             of
             Counties
             ,
             as
             well
             by
             land
             as
             by
             water
             (
             as
             before
             )
             and
             also
             wreck
             of
             the
             sea
             ,
             shall
             be
             tryed
             ,
             determined
             ,
             discussed
             and
             remedied
             by
             the
             Laws
             of
             the
             land
             ,
             and
             not
             before
             ,
             nor
             by
             the
             Admiral
             ,
             nor
             by
             his
             Lieutenant
             in
             any
             wise
             ;
             nevertheless
             of
             the
             death
             of
             a
             man
             ,
             and
             of
             a
             maim
             done
             in
             great
             Ships
             ,
             being
             and
             hovering
             in
             the
             main
             stream
             of
             great
             Rivers
             ,
             only
             beneath
             the
             Bridge
             of
             the
             same
             Rivers
             nigh
             to
             the
             Sea
             ,
             and
             in
             no
             other
             places
             of
             the
             same
             Rivers
             ,
             the
             Admiral
             shall
             have
             cognisance
             ,
             and
             also
             to
             arrest
             Ships
             in
             the
             great
             Flotes
             ,
             for
             the
             great
             Voyages
             of
             the
             King
             ,
             and
             of
             the
             Realm
             ,
             saving
             alwayes
             to
             the
             King
             all
             manner
             of
             forfeitures
             and
             profits
             thereof
             coming
             ;
             and
             he
             shall
             also
             have
             jurisdiction
             upon
             the
             said
             Flotes
             ,
             during
             the
             said
             Voyages
             ,
             
             only
             saving
             alwayes
             to
             the
             Lords
             ,
             Cities
             and
             Boroughs
             their
             Liberties
             and
             Franchises
             .
          
           
             As
             for
             the
             exposition
             of
             this
             Statute
             made
             by
             Sir
             
               Edward
               Coke
            
             ,
             I
             shall
             onl●
             leave
             it
             to
             be
             considered
             how
             it
             varyeth
             from
             Poultons
             ,
             and
             both
             vary
             from
             the
             Original
             ,
             aiming
             ,
             as
             I
             cannot
             but
             believe
             ,
             at
             their
             own
             ends
             ,
             when
             meeting
             together
             in
             substance
             ,
             will
             ,
             being
             rightly
             considered
             ,
             conclude
             one
             and
             the
             self
             same
             thing
             .
          
           
             But
             having
             here
             challenged
             Mr.
             Poulton
             ,
             or
             him
             whom
             he
             hath
             followed
             ,
             that
             he
             hath
             not
             dealt
             so
             fairly
             in
             the
             Translation
             of
             these
             Statutes
             ,
             as
             he
             hath
             in
             the
             Translation
             of
             the
             other
             ,
             I
             shall
             here
             shew
             how
             ,
             and
             wherein
             he
             hath
             mis-translated
             the
             same
             ,
             before
             I
             proceed
             any
             further
             .
          
           
             My
             first
             challenge
             is
             ,
             that
             in
             the
             Praeamble
             to
             the
             first
             of
             these
             two
             recited
             Statutes
             ,
             he
             affirmeth
             that
             there
             was
             a
             great
             and
             common
             clamour
             and
             complaint
             ,
             
             which
             had
             been
             oftentimes
             made
             before
             that
             time
             ,
             &c.
             whereas
             there
             is
             mention
             of
             no
             one
             word
             thereof
             in
             the
             Petition
             ,
             which
             denoteth
             any
             manner
             of
             clamour
             ,
             but
             only
             a
             modest
             complaint
             of
             things
             done
             by
             the
             Admiralty
             Courts
             ,
             which
             indeed
             ought
             not
             to
             have
             been
             done
             ,
             as
             plainly
             appeareth
             by
             the
             Petition
             it self
             ,
             
             and
             the
             answer
             thereunto
             set
             down
             before
             :
             But
             it
             is
             a
             thing
             meerly
             invented
             in
             disgrace
             of
             the
             Admirals
             Jurisdiction
             .
             And
             secondly
             ,
             that
             there
             is
             ,
             as
             I
             shewed
             before
             ,
             left
             out
             the
             whole
             Prayer
             of
             the
             Petition
             ,
             both
             that
             part
             which
             was
             granted
             ,
             and
             that
             which
             was
             not
             granted
             ,
             by
             which
             means
             he
             would
             wrest
             and
             set
             awry
             ,
             as
             I
             conceive
             ,
             the
             sence
             and
             
             meaning
             of
             the
             Statute
             .
             Thirdly
             ,
             that
             in
             the
             Preamble
             to
             this
             Statute
             ,
             as
             in
             the
             former
             ,
             it
             is
             said
             it
             was
             made
             at
             the
             great
             and
             grievous
             complaint
             of
             all
             the
             Commons
             ,
             made
             unto
             our
             Lord
             the
             King
             ,
             &c.
             whereas
             there
             is
             mention
             of
             no
             one
             word
             which
             denoteth
             either
             great
             or
             grievous
             complaint
             in
             the
             Petition
             ;
             but
             is
             only
             inserted
             as
             the
             other
             words
             were
             in
             the
             former
             Statute
             .
             Other
             things
             that
             were
             in
             this
             Petition
             ,
             are
             not
             set
             forth
             in
             the
             Praeamble
             of
             the
             Statute
             ,
             which
             I
             shall
             not
             question
             ,
             because
             I
             do
             not
             find
             that
             they
             were
             granted
             ,
             but
             tacitely
             denied
             :
             and
             therefore
             shall
             proceed
             to
             the
             Petition
             and
             Answer
             ,
             as
             they
             stand
             in
             the
             Parliament
             Roll
             in
             the
             Tower
             ,
             out
             of
             which
             this
             Statute
             is
             deduced
             .
             And
             these
             be
             the
             words
             .
          
           
             Item
             prient
             les
             comēs
             pour
             profit
             du
             Roy
             ,
             
             &
             de
             Roylme
             que
             come
             les
             Admiralls
             &
             lour
             deputes
             acrochent
             a
             eux
             diverses
             jurisdictions
             ,
             franchise
             &
             auters
             profits
             que
             appertinent
             a
             Roy
             &
             as
             auters
             Shires
             &
             Cities
             ,
             &
             Burghs
             quels
             ne
             solient
             avoir
             de
             droit
             a
             grant
             impoverishment
             de
             la
             come
             &
             arerisment
             de
             profits
             la
             Roy
             que
             plese
             comander
             as
             ditz
             Admiralls
             &
             lour
             deputes
             quils
             mettant
             avant
             en
             cest
             part'aint
             lour
             clayme
             del
             jurisdiction
             franchise
             &
             profits
             quils
             clament
             davoir
             appendant
             a
             lour
             office
             issint
             que
             declaration
             de
             lour
             clayme
             en
             escripit
             puisse
             estre
             fait
             en
             cest
             present
             Parlament
             per
             ount
             la
             come
             ypurra
             saveir
             dont
             ele
             serra
             entendent
             ou
             dit
             Admirall
             &
             dont
             nempe
             .
          
           
             Rex
             ,
             le
             Roy
             voet
             que
             de
             touts
             maners
             ,
             contracts
             ,
             plees
             ,
             quereles
             ,
             &
             touts
             autres
             choses
             faitsz
             sourdantz
             deins
             les
             corps
             de
             Countees
             ●i
             bien
             per
             terre
             come
             per
             ●awe
             &
             auxint
             de
             wreck
             de
             meere
             la
             Court
             de
             la
             Admirall
             eit
             nulle
             manner
             conisance
             ,
             poair
             ne
             jurisdiccion
             ,
             mes
             soient
             triez
             termines
             discus
             &
             remediez
             parles
             loyes
             de
             la
             terre
             ,
             &
             nemye
             devant
             ne
             per
             l'
             Adimirall
             ,
             ne
             son
             Lieutenant
             en
             nulle
             manner
             ,
             nient
             meyns
             de
             mort
             d'
             home
             ,
             &
             de
             maheim
             ●aitzes
             grosses
             niefs
             esteantz
             &
             hoverantz
             en
             my
             le
             haut
             fil
             des
             grosses
             rivers
             ,
             tant
             solement
             pa
             avale
             les
             pontz
             de
             mesmes
             les
             rivers
             pluis
             procheyns
             al
             meer
             &
             en
             null
             autre
             lieu
             de
             mesmes
             les
             rivers
             eit
             l'
             Admiral
             conisance
             &
             auxint
             darest
             des
             niefs
             en
             les
             grantz-flotes
             pui
             grantz
             viages
             du
             Roy
             &
             de
             Roylme
             ,
             savant
             au
             Roy
             touts
             manners
             forfaitures
             &
             profitz
             &
             ent
             provenantz
             &
             eit
             ensement
             jurisdiccion
             sur
             les
             ditz
             flotes
             durantz
             les
             dites
             viages
             ,
             tant
             solement
             savant
             tondis
             as
             Shires
             ,
             Cities
             &
             Burghs
             lour
             liberties
             ,
             &
             franchises
             .
          
           
             The
             translations
             of
             the
             fore
             part
             of
             this
             Statute
             (
             the
             praeamble
             excepted
             )
             though
             they
             do
             somewhat
             differ
             one
             from
             another
             ,
             and
             both
             in
             some
             sort
             from
             the
             original
             ,
             yet
             in
             matter
             of
             substance
             they
             may
             very
             well
             be
             brought
             to
             the
             same
             meaning
             and
             construction
             .
             This
             Statute
             was
             made
             within
             two
             years
             next
             after
             that
             of
             the
             13th
             of
             Richard
             the
             Second
             ,
             when
             the
             true
             meaning
             thereof
             rendered
             with
             the
             relation
             unto
             the
             Petition
             (
             according
             
             to
             the
             custome
             of
             those
             times
             when
             all
             Statutes
             were
             so
             made
             ,
             viz.
             by
             petition
             unto
             the
             King
             ,
             and
             his
             answer
             thereunto
             )
             was
             not
             forgotten
             ;
             and
             had
             that
             of
             the
             13th
             of
             Richard
             the
             Second
             born
             that
             construction
             Sir
             
               Edward
               Coke
            
             hath
             since
             made
             of
             it
             ,
             the
             Petition
             whereon
             this
             of
             the
             15th
             of
             Richard
             the
             Second
             is
             founded
             ,
             need
             never
             have
             ,
             nor
             ever
             had
             been
             made
             (
             I
             am
             confident
             )
             but
             these
             Western
             Petitioners
             from
             whence
             all
             these
             Petitions
             came
             ,
             and
             not
             from
             so
             general
             and
             common
             a
             clamour
             as
             Poulton
             makes
             it
             ,
             as
             plainly
             appeareth
             by
             the
             Records
             cited
             by
             Sir
             
               Edward
               Coke
            
             in
             his
             22th
             chapter
             of
             the
             Jurisdiction
             of
             Courts
             ,
             towards
             the
             end
             thereof
             ,
             under
             this
             title
             therein
             (
             
               Addition
               of
               some
               Records
               of
               Parliament
            
             )
             not
             being
             satisfied
             concerning
             the
             plain
             meaning
             of
             the
             former
             Act
             ,
             pray
             now
             that
             the
             Admirals
             and
             their
             Deputies
             may
             bring
             into
             the
             Parliament
             their
             claim
             of
             Jurisdiction
             ,
             Franchise
             and
             Profits
             ,
             which
             they
             claim
             to
             belong
             unto
             their
             Office
             ,
             so
             that
             the
             declaration
             of
             their
             claim
             being
             made
             in
             writing
             in
             this
             present
             Parliament
             ,
             that
             may
             be
             reserved
             unto
             them
             ,
             which
             shall
             belong
             unto
             the
             said
             Admiral
             ,
             and
             no
             more
             ;
             so
             that
             whether
             this
             part
             of
             the
             Petition
             concerning
             the
             Admirals
             giving
             in
             their
             claim
             in
             writing
             unto
             the
             Parliament
             ,
             was
             granted
             or
             tacitly
             denyed
             ;
             or
             whether
             they
             gave
             in
             any
             such
             claim
             or
             not
             ,
             doth
             not
             appear
             ,
             but
             it
             doth
             plainly
             enough
             appear
             unto
             me
             ,
             that
             upon
             this
             Petition
             ,
             a
             true
             construction
             and
             exposition
             of
             the
             said
             former
             Statute
             is
             made
             ,
             which
             is
             
               multò
               magis
               contemporanea
               expositio
            
             ,
             then
             that
             exposition
             made
             of
             it
             ,
             by
             the
             first
             Judgment
             given
             after
             twenty
             years
             at
             the
             Common
             Law
             against
             the
             Admirals
             power
             and
             jurisdiction
             upon
             the
             Ports
             and
             Havens
             ,
             which
             Sir
             
               Edward
               Coke
            
             citeth
             in
             his
             said
             22th
             chapter
             of
             his
             Jurisdiction
             of
             Courts
             ,
             
             and
             calleth
             
               optima
               quia
               contemporanea
            
             ,
             this
             then
             must
             therefore
             be
             
               melior
               expositio
            
             then
             his
             ,
             
             and
             his
             not
             optima
             ,
             which
             Judgement
             is
             more
             at
             large
             handled
             and
             treated
             of
             before
             .
             Now
             the
             Exposition
             of
             that
             Statute
             of
             the
             13th
             of
             Richard
             the
             Second
             ,
             
             made
             by
             this
             part
             of
             the
             Statute
             of
             the
             15th
             of
             the
             same
             King
             ,
             is
             not
             disagreeable
             to
             the
             construction
             I
             have
             made
             thereof
             in
             the
             second
             chapter
             of
             this
             Book
             ,
             and
             is
             ,
             as
             I
             conceive
             ,
             absolutely
             in
             affirmance
             thereof
             ,
             being
             so
             expounded
             .
             Which
             Exposition
             ,
             as
             I
             have
             there
             said
             before
             (
             being
             taken
             with
             relation
             to
             the
             Petition
             ,
             and
             joyning
             them
             both
             together
             as
             they
             ought
             to
             be
             )
             rendereth
             it self
             thus
             .
             The
             Admiral
             shall
             not
             meddle
             with
             any
             Contracts
             ,
             Covenants
             ,
             &c.
             of
             or
             concerning
             a
             thing
             done
             within
             the
             Roylm
             .
             This
             saith
             plainly
             that
             of
             all
             manner
             of
             Contracts
             ,
             Pleas
             and
             Quarrels
             ,
             and
             of
             all
             other
             things
             done
             ,
             arising
             within
             the
             bodies
             of
             Counties
             ,
             
             &c.
             the
             Admiral
             shall
             have
             no
             manner
             of
             cognizance
             ,
             &c.
             
             But
             they
             shall
             be
             tried
             ,
             &c.
             by
             the
             Laws
             of
             the
             land
             ,
             and
             in
             this
             both
             Translations
             in
             substance
             made
             of
             this
             part
             of
             this
             Statute
             by
             Coke
             and
             Poulton
             ,
             agree
             with
             the
             original
             ,
             which
             saith
             
               de
               touts
               manners
               ,
               contracts
               ,
               plees
               &
               quereles
               ,
               &
               touts
               auters
               choses
               sur
               dantz
               deins
               les
               corps
               de
               counties
               ,
               &c.
               la
               Court
               la
               Admirall
               eit
               nulle
               manner
               '
               cognisance
               ,
               &c.
               
            
             Only
             here
             they
             would
             both
             purposely
             pare
             off
             (
             though
             to
             little
             purpose
             )
             the
             letter
             a
             from
             the
             word
             
               arising
               ,
            
             ,
             and
             translate
             
               sourdantz
               ,
               rising
            
             ;
             somewhat
             to
             blind
             the
             true
             signification
             ,
             and
             make
             the
             word
             that
             importeth
             most
             ,
             signify
             little
             or
             nothing
             ,
             or
             at
             least
             not
             to
             be
             taken
             notice
             of
             :
             But
             let
             it
             be
             arising
             ,
             or
             rising
             ,
             do
             but
             take
             notice
             of
             it
             ,
             and
             then
             the
             Contracts
             and
             Covenants
             that
             the
             Admiral
             is
             forbidden
             to
             meddle
             with
             ,
             are
             the
             Contracts
             and
             Covenants
             of
             or
             concerning
             things
             done
             within
             the
             Realm
             ,
             saith
             the
             first
             of
             these
             two
             Statutes
             ;
             and
             Contracts
             ,
             Pleas
             ,
             Quarrels
             ,
             and
             other
             things
             done
             arising
             within
             the
             bodies
             of
             Counties
             ,
             saith
             the
             other
             ;
             for
             so
             signifieth
             the
             word
             surdantz
             .
             So
             that
             Contracts
             and
             Covenants
             ,
             &c.
             of
             or
             concerning
             businesses
             done
             at
             sea
             ,
             the
             Admiral
             is
             not
             forbidden
             to
             deal
             with
             ,
             or
             take
             cognizance
             of
             ,
             nor
             of
             Contracts
             ,
             Covenants
             ,
             &c.
             from
             them
             arising
             ,
             no
             nor
             of
             things
             done
             within
             the
             bodies
             of
             Counties
             ,
             which
             have
             relation
             to
             the
             Sea
             ,
             or
             to
             Navigation
             ,
             or
             do
             from
             thence
             arise
             ,
             is
             the
             Admiral
             forbidden
             the
             cognizance
             ,
             but
             hath
             full
             power
             and
             jurisdiction
             over
             the
             same
             ,
             not
             at
             all
             in
             my
             apprehension
             restrained
             by
             either
             of
             these
             two
             Statutes
             .
          
           
             Now
             Charter
             parties
             ,
             or
             other
             Contracts
             for
             freight
             or
             wages
             ,
             tackling
             ,
             furnishing
             ,
             or
             victualling
             of
             Ships
             ,
             &c.
             cannot
             be
             said
             to
             be
             Contracts
             ,
             or
             Covenants
             of
             or
             concerning
             things
             done
             within
             the
             Realm
             ,
             or
             arising
             from
             things
             done
             ,
             or
             to
             be
             done
             within
             the
             bodies
             of
             Counties
             ,
             though
             they
             be
             there
             made
             ,
             but
             are
             Contracts
             ,
             or
             Covenants
             of
             ,
             or
             concerning
             Maritime
             businesses
             ,
             done
             ,
             or
             to
             be
             done
             at
             Sea
             ,
             and
             arising
             from
             such
             things
             ,
             as
             are
             there
             done
             ,
             or
             to
             be
             done
             ,
             which
             be
             the
             
               finales
               causae
            
             of
             such
             Contracts
             ,
             from
             whence
             all
             actions
             ,
             or
             motions
             do
             arise
             ;
             
               à
               fine
               omnis
               oritur
               actio
            
             ;
             It
             is
             
               causa
               causarum
               &
               impellit
               efficientem
               ad
               agendum
               ,
               &
               praescribit
               destinatis
               ordinem
               ad
               agendum
               .
            
          
           
             The
             Transportation
             of
             men
             ,
             Merchandizes
             ,
             Wares
             and
             Commodities
             of
             all
             sorts
             ,
             from
             one
             Kingdom
             or
             Nation
             to
             another
             ,
             or
             from
             one
             Port
             to
             another
             by
             Sea
             (
             a
             thing
             not
             to
             be
             done
             within
             the
             Realm
             ,
             or
             within
             the
             body
             of
             a
             County
             )
             is
             the
             finis
             ,
             or
             
               finalis
               causa
            
             ,
             from
             whence
             all
             Contracts
             ;
             or
             Covenants
             ,
             for
             freight
             ,
             wages
             ,
             tackling
             ,
             furnishing
             ,
             and
             victualling
             of
             Ships
             do
             arise
             ;
             
             such
             Contracts
             and
             Covenants
             are
             therefore
             by
             these
             very
             Statutes
             ,
             in
             my
             opinion
             ,
             cognoscible
             and
             tryable
             in
             the
             Admiralty
             Court
             ,
             and
             no
             where
             else
             .
          
           
             If
             Bargains
             ,
             Contracts
             ,
             or
             Covenants
             for
             Land
             ,
             Houses
             ,
             Leases
             ,
             Money
             ,
             or
             other
             Land
             Commodities
             ,
             be
             made
             upon
             the
             high
             Sea
             ,
             and
             the
             Deeds
             ,
             Bonds
             ,
             Bills
             ,
             or
             other
             Writings
             be
             there
             signed
             ,
             sealed
             and
             delivered
             ,
             here
             the
             Construction
             of
             both
             the
             Statutes
             will
             be
             ,
             that
             though
             the
             Bargains
             ,
             Contracts
             ,
             Covenants
             ,
             &c.
             were
             made
             at
             Sea
             ,
             yet
             they
             were
             of
             ,
             and
             concerning
             things
             done
             ,
             or
             to
             be
             done
             at
             Land
             ,
             within
             the
             bodies
             of
             Counties
             ,
             and
             so
             cognoscible
             and
             tryable
             by
             the
             Law
             of
             the
             Land
             ,
             which
             is
             true
             enough
             ;
             and
             then
             certainly
             in
             Contracts
             and
             Covenants
             made
             at
             Land
             of
             ,
             or
             concerning
             things
             done
             ,
             or
             to
             done
             at
             Sea
             ,
             or
             arising
             from
             things
             there
             done
             ,
             or
             to
             be
             there
             done
             ,
             the
             same
             Statutes
             ought
             to
             be
             afforded
             the
             same
             Construction
             and
             Interpretation
             .
          
           
             And
             had
             not
             this
             word
             Surdantz
             arising
             ,
             cleared
             this
             Construction
             upon
             this
             Statute
             ,
             yet
             would
             the
             Law
             it self
             have
             avoided
             that
             Construction
             which
             hath
             been
             made
             of
             the
             other
             .
             For
             as
             in
             Land
             affairs
             ,
             by
             Law
             every
             man
             is
             to
             be
             understood
             ,
             to
             have
             contracted
             in
             that
             place
             ,
             where
             that
             which
             is
             contracted
             for
             ,
             is
             to
             be
             performed
             ;
             So
             in
             Sea
             affairs
             doth
             the
             same
             Law
             and
             Rule
             hold
             ;
             and
             in
             this
             point
             ,
             
             the
             Law
             is
             clear
             ,
             
               Contraxisse
               unusquisque
               in
               eo
               loco
               intelligitur
               in
               quo
               ut
               perficeret
               se
               obligavit
               .
            
             F.
             
               de
               obligat
               .
               &
               actionibus
               ,
               l.
               contraxisse
            
             ;
             
             
               ad
               hoc
               etiam
               facit
               lex
               ,
               aut
               ubi
            
             F.
             
               de
               bonis
               authoritate
               jud
               .
               poss
               .
               &
               l.
               haeres
               Sect.
               finali
               .
            
             F.
             
               de
               judiciis
            
             ;
             
             
               &
               l.
            
             65.
             
             F.
             
               de
               judiciis
            
             .
             And
             this
             point
             is
             further
             amplified
             ,
             
               Nam
               locus
               contractus
               is
               proprè
               dicitur
               non
               in
               quo
               instrumentum
               fuit
               conscriptum
               ,
            
             
             
               sed
               in
               quo
               conventio
               suam
               in
               se
               recepit
               perfectionem
               .
               Decis
               .
               Senatus
               Dolani
               per
               Grevellum
               Decis
               .
               91.
               n.
            
             8.
             
          
           
             The
             Master
             or
             Owner
             of
             a
             Ship
             doth
             Contract
             with
             the
             Merchant
             ,
             for
             so
             much
             freight
             by
             the
             moneth
             ,
             to
             transport
             his
             wares
             and
             merchandises
             by
             Sea
             ;
             This
             contract
             is
             to
             be
             understood
             by
             Law
             to
             have
             been
             made
             at
             Sea
             ,
             where
             the
             Ship
             served
             ,
             and
             where
             so
             much
             money
             for
             so
             many
             moneths
             grew
             due
             ;
             and
             the
             gloss
             upon
             the
             before
             cyted
             Law
             ,
             saith
             ,
             
               Cum
               essem
            
             Bononiae
             ,
             
               promisi
               tibi
               dare
               centum
               in
               Civitate
            
             Mutinae
             ,
             
               &
               de
               hoc
               factus
               est
               contractus
            
             Bononiae
             ,
             
               dicitur
               quod
               possum
               conveniri
            
             Mutinae
             
               ad
               illa
               centum
               ,
               quasi
               ibi
               videar
               contraxisse
               .
            
          
           
             When
             I
             am
             at
             Bononia
             I
             promise
             to
             give
             you
             100
             ,
             at
             the
             City
             of
             Mutina
             ,
             and
             hereof
             a
             Contract
             is
             made
             at
             Bononia
             ,
             yet
             may
             I
             be
             convented
             at
             Mutina
             for
             this
             100
             ,
             as
             if
             I
             seemed
             there
             to
             have
             contracted
             ,
             so
             that
             I
             am
             subject
             to
             the
             Jurisdiction
             of
             that
             City
             .
             
             So
             having
             contracted
             at
             London
             to
             transport
             any
             thing
             at
             ,
             or
             by
             Sea
             ,
             at
             a
             certain
             rate
             by
             the
             moneth
             ,
             I
             am
             subject
             to
             the
             Maritime
             and
             Sea
             Jurisdiction
             .
             But
             it
             may
             be
             objected
             that
             
               fictio
               juris
            
             is
             allowed
             in
             all
             Laws
             ,
             and
             although
             a
             man
             be
             bound
             to
             pay
             money
             at
             one
             place
             ,
             he
             may
             be
             sued
             at
             another
             ,
             and
             so
             a
             man
             being
             bound
             to
             transport
             goods
             ,
             or
             perform
             any
             other
             duty
             ,
             or
             service
             at
             one
             place
             ,
             yet
             he
             may
             
               per
               fictionem
               juris
            
             be
             fained
             or
             presumed
             to
             have
             been
             bound
             to
             perform
             the
             same
             elsewhere
             ,
             and
             so
             be
             sued
             elsewhere
             .
             Sol.
             I
             answer
             that
             it
             is
             true
             ,
             if
             my
             fiction
             be
             of
             a
             thing
             possible
             ,
             it
             may
             be
             allowed
             ,
             as
             if
             I
             be
             bound
             to
             pay
             money
             at
             London
             ,
             I
             may
             be
             sued
             at
             York
             ,
             because
             it
             is
             possible
             I
             might
             have
             been
             bound
             to
             have
             paid
             it
             there
             ;
             But
             if
             my
             fiction
             be
             of
             a
             thing
             impossible
             ,
             it
             may
             not
             be
             allowed
             (
             for
             impossibilities
             nature
             abhorreth
             )
             as
             if
             I
             bind
             my self
             to
             transport
             a
             Merchants
             Goods
             ,
             to
             some
             Port
             beyond
             the
             Seas
             ,
             it
             is
             impossible
             I
             should
             do
             it
             by
             Land
             ;
             such
             a
             fiction
             ,
             therefore
             that
             I
             have
             done
             it
             by
             Land
             ,
             is
             not
             to
             be
             allowed
             ;
             nor
             am
             I
             for
             non
             performance
             subject
             to
             any
             land
             Jurisdiction
             .
             Out
             of
             the
             grounds
             of
             this
             Argument
             might
             be
             deduced
             a
             far
             larger
             debate
             ,
             which
             by
             reason
             of
             the
             many
             differences
             between
             the
             Civil
             and
             Common
             Law
             in
             this
             point
             ,
             would
             be
             too
             tedious
             ;
             I
             shall
             therefore
             insist
             no
             longer
             thereupon
             ,
             but
             come
             to
             the
             latter
             part
             of
             this
             Statute
             ,
             
               viz.
               Nevertheless
               of
               the
               death
               of
               a
               man
               ,
               and
               a
               maihme
               ,
               &c.
            
             which
             had
             been
             more
             properly
             inserted
             amongst
             the
             particulars
             which
             concern
             the
             Admirals
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             ;
             but
             being
             here
             by
             Sir
             
               Edward
               Coke
            
             enforced
             all
             together
             ,
             I
             cannot
             here
             let
             it
             pass
             without
             the
             observation
             due
             unto
             it
             .
             He
             ,
             as
             I
             shewed
             before
             ,
             
             in
             this
             chapter
             rendereth
             this
             part
             of
             the
             Statute
             thus
             :
             
               Nevertheless
               of
               the
               death
               of
               man
               ,
               and
               a
               maihme
               done
               in
               great
               Ships
               ,
               being
               and
               hovering
               in
               the
               main
               stream
               of
               great
               Rivers
               ,
               only
               beneath
               the
               points
               of
               the
               same
               Rivers
               ,
               and
               in
               no
               other
               place
               of
               the
               same
               Rivers
               the
               Admiral
               shall
               have
               cognizance
            
             ;
             excluding
             him
             from
             his
             power
             of
             the
             death
             of
             a
             man
             ,
             and
             a
             maihme
             ,
             &c.
             of
             arresting
             Ships
             in
             the
             great
             Flotes
             for
             the
             great
             Voyages
             of
             the
             King
             ,
             or
             of
             the
             Realm
             ,
             within
             the
             Ports
             and
             Havens
             ,
             
             which
             both
             the
             original
             Statute
             ,
             and
             Poulton's
             Translation
             alloweth
             him
             ,
             as
             appeareth
             by
             what
             is
             already
             set
             down
             in
             this
             Chapter
             .
             And
             this
             only
             cognisance
             of
             the
             death
             of
             a
             man
             ,
             and
             a
             maihme
             (
             by
             this
             his
             rendring
             of
             the
             Statute
             )
             he
             will
             allow
             the
             Admiral
             only
             beneath
             the
             points
             of
             these
             great
             Rivers
             ,
             which
             the
             original
             setteth
             down
             Pontz
             ,
             and
             Poulton's
             Translation
             rendereth
             Bridges
             .
          
           
             All
             that
             is
             beneath
             the
             points
             of
             great
             Rivers
             (
             it
             is
             well
             known
             ,
             
             and
             hath
             always
             been
             accompted
             the
             main
             Sea
             ;
             so
             that
             by
             this
             construction
             of
             this
             part
             of
             the
             Statute
             ,
             he
             hath
             limited
             the
             Admirals
             Jurisdiction
             to
             the
             death
             of
             a
             man
             only
             ,
             and
             a
             maihme
             ,
             and
             arresting
             of
             great
             Ships
             ,
             &c.
             and
             that
             upon
             the
             main
             Sea
             only
             ,
             and
             will
             not
             allow
             him
             either
             Contracts
             or
             Covenants
             made
             at
             land
             ,
             of
             ,
             or
             for
             businesses
             there
             done
             ,
             nor
             the
             cognizance
             of
             any
             thing
             done
             upon
             the
             Havens
             ;
             but
             howsoever
             after
             this
             his
             construction
             of
             this
             word
             ,
             he
             presently
             with
             one
             and
             the
             same
             breath
             ,
             somewhat
             contradicts
             himself
             ;
             for
             in
             his
             very
             exposition
             of
             this
             clause
             ,
             he
             saith
             thus
             :
             This
             latter
             clause
             giveth
             the
             Admiral
             jurisdiction
             in
             case
             of
             death
             and
             maihme
             (
             with
             neither
             of
             which
             we
             ever
             meddle
             )
             but
             with
             all
             other
             things
             happening
             within
             the
             Thames
             ,
             or
             any
             other
             River
             ,
             Port
             ,
             or
             Water
             ,
             which
             are
             within
             any
             County
             of
             the
             Realm
             ,
             so
             that
             the
             cognisance
             of
             this
             death
             and
             maihme
             ,
             which
             before
             was
             allowed
             the
             Admiral
             only
             beneath
             the
             points
             ,
             is
             now
             acknowledged
             never
             to
             have
             been
             meddled
             with
             at
             all
             by
             the
             Judges
             of
             the
             Land
             ,
             though
             done
             upon
             the
             Thames
             ,
             or
             any
             other
             River
             or
             Port
             ,
             but
             only
             other
             things
             there
             happening
             ;
             but
             how
             duly
             that
             was
             done
             ,
             hath
             been
             before
             examined
             upon
             his
             very
             proposal
             of
             these
             two
             Statutes
             ,
             and
             what
             he
             promiseth
             ,
             shall
             appear
             afterwards
             ;
             he
             apprehended
             that
             all
             men
             must
             needs
             grant
             (
             which
             proveth
             farre
             otherwise
             )
             that
             the
             Admiral
             hath
             no
             jurisdiction
             or
             power
             upon
             the
             Ports
             and
             Havens
             ,
             more
             then
             what
             this
             Clause
             giveth
             him
             ,
             and
             therefore
             saith
             he
             ,
             this
             Clause
             giveth
             the
             Admiral
             further
             jurisdiction
             in
             case
             of
             death
             ,
             or
             maihme
             ;
             and
             indeed
             by
             these
             words
             :
             
               Nevertheless
               of
               the
               death
               of
               a
               man
               ,
               and
               a
               maihme
               doen
               beneath
               the
               bridges
            
             ;
             It
             may
             at
             the
             first
             reading
             seem
             that
             the
             Admiral
             should
             be
             before
             forbidden
             to
             meddle
             with
             the
             cognizance
             of
             any
             thing
             else
             there
             ,
             and
             that
             the
             cognizance
             of
             these
             things
             should
             only
             be
             reserved
             unto
             him
             ,
             which
             withall
             would
             seem
             very
             strange
             ;
             and
             therefore
             more
             duely
             weighed
             and
             considered
             ,
             this
             word
             Nevertheless
             doth
             not
             restrain
             the
             Admiral
             to
             these
             particulars
             only
             ,
             viz.
             the
             death
             of
             a
             man
             ,
             and
             a
             maihme
             ,
             and
             arresting
             of
             Ships
             ,
             &c.
             but
             the
             Statute
             ordaining
             immediately
             before
             ,
             that
             all
             Contracts
             ,
             Pleas
             and
             Quarrels
             ,
             and
             all
             other
             things
             arising
             within
             the
             bodies
             of
             Counties
             ,
             as
             well
             by
             land
             as
             by
             water
             ,
             shall
             be
             tried
             by
             the
             Law
             of
             the
             Land
             ,
             lest
             the
             waters
             beneath
             the
             first
             Bridges
             should
             be
             taken
             to
             be
             within
             the
             bodies
             of
             Counties
             ,
             and
             the
             Admiral
             ,
             by
             the
             words
             (
             as
             well
             by
             land
             as
             by
             water
             )
             should
             be
             excluded
             from
             his
             cognizance
             of
             things
             there
             done
             ,
             under
             that
             General
             of
             
               as
               well
               by
               land
               as
               by
               water
               ,
            
             falleth
             this
             exception
             or
             limitation
             ,
             
               Nevertheless
               
               beneath
               the
               Bridges
               next
               unto
               the
               Sea
               ,
               pluis
               procheyn
               al
               meer
               ,
            
             (
             by
             them
             distinguishing
             the
             waters
             within
             the
             bodies
             of
             Counties
             ,
             from
             those
             that
             are
             not
             within
             the
             bodies
             of
             Counties
             )
             the
             Admiral
             shall
             have
             cognizance
             of
             matters
             even
             of
             the
             highest
             nature
             ,
             and
             greatest
             concernment
             ,
             even
             of
             the
             death
             of
             a
             man
             ,
             and
             a
             maihme
             ,
             arresting
             of
             Ships
             ,
             &c.
             not
             exclusivè
             ,
             excluding
             him
             from
             the
             cognizance
             of
             matters
             of
             an
             inferiour
             quality
             and
             nature
             ;
             for
             by
             the
             Arugument
             
               à
               majore
               ad
               minus
            
             ,
             he
             that
             hath
             power
             in
             the
             weightiest
             affairs
             ,
             hath
             certainly
             power
             in
             matters
             of
             less
             consequence
             ,
             and
             smaller
             concernment
             ;
             and
             it
             doth
             seem
             strange
             to
             me
             ,
             that
             any
             man
             should
             think
             that
             the
             makers
             of
             this
             Statute
             (
             whom
             Sir
             
               Edward
               Coke
            
             affirmeth
             to
             be
             curious
             therein
             )
             should
             trust
             the
             Admiral
             with
             the
             cognizance
             of
             the
             death
             of
             a
             man
             ,
             and
             a
             maihme
             ,
             &c.
             where
             they
             should
             not
             trust
             him
             with
             the
             sinking
             or
             maihming
             of
             a
             Ship
             or
             Vessel
             ,
             ot
             of
             the
             cognizance
             of
             the
             pilferings
             ,
             or
             stealing
             of
             a
             Cable
             ,
             or
             some
             such
             petty
             trifle
             :
             and
             it
             may
             as
             well
             be
             said
             that
             the
             Admiral
             by
             this
             Statute
             hath
             power
             to
             arrest
             Ships
             in
             the
             great
             Flotes
             for
             the
             great
             Voyages
             of
             the
             Common-wealth
             ,
             but
             he
             hath
             no
             power
             to
             arrest
             the
             Ships
             ,
             Guns
             ,
             Boats
             ,
             Tackle
             ,
             or
             Furniture
             ;
             or
             that
             when
             he
             hath
             arrested
             such
             Ships
             ,
             he
             hath
             no
             power
             to
             press
             Mariners
             ,
             or
             to
             take
             up
             Victual
             ,
             Tackle
             ,
             Furniture
             ,
             or
             Ammunition
             for
             them
             ;
             and
             how
             agreeable
             to
             reason
             (
             whereon
             all
             Laws
             ought
             to
             be
             grounded
             )
             this
             is
             ,
             I
             leave
             it
             to
             the
             judgement
             of
             all
             men
             ;
             and
             though
             this
             arresting
             of
             Ships
             may
             be
             said
             to
             be
             of
             no
             matter
             of
             cognizance
             ,
             yet
             is
             there
             the
             same
             reason
             of
             the
             one
             ,
             there
             is
             of
             the
             other
             .
          
           
             Yet
             of
             matters
             cognoscible
             by
             the
             Admiral
             ,
             it
             may
             be
             questioned
             ,
             why
             these
             two
             particulars
             ,
             namely
             the
             death
             of
             a
             man
             ,
             and
             a
             maihme
             should
             only
             be
             specified
             ,
             and
             nothing
             in
             general
             be
             exprest
             ,
             for
             the
             cognizance
             of
             other
             things
             there
             done
             ,
             if
             the
             same
             were
             intended
             him
             ,
             
               Ratio
               est
               in
               promptu
            
             .
             Sir
             
               Edward
               Coke
            
             could
             not
             say
             ,
             nor
             can
             I
             believe
             any
             man
             else
             ,
             or
             shew
             that
             before
             the
             making
             this
             Statute
             ,
             the
             Common-Law
             Courts
             ever
             took
             cognizance
             of
             any
             matters
             concerning
             Ships
             ,
             or
             other
             Vessels
             ,
             their
             Tackle
             ,
             Furniture
             ,
             Ammunition
             ,
             or
             whatsoever
             else
             to
             them
             belonging
             or
             appertaining
             ,
             but
             alwayes
             left
             them
             to
             the
             cognizance
             of
             the
             Admiral
             ,
             as
             matters
             belonging
             to
             the
             Sea
             ,
             and
             so
             proper
             to
             the
             Sea
             Jurisdiction
             ;
             but
             for
             the
             death
             of
             a
             man
             ,
             and
             a
             maihme
             ,
             which
             oftentimes
             happen
             above
             the
             first
             Bridges
             (
             where
             Ships
             neither
             do
             ,
             nor
             can
             come
             conveniently
             )
             whereof
             the
             Common
             Law
             had
             cognizance
             ,
             and
             not
             distinguishing
             of
             such
             death
             or
             maihme
             ,
             whether
             the
             same
             was
             done
             above
             or
             
             beneath
             the
             said
             bridges
             ,
             they
             had
             unduly
             taken
             cognizance
             thereof
             ,
             as
             well
             beneath
             the
             bridges
             as
             above
             ,
             as
             appeareth
             by
             what
             Sir
             
               Edward
               Coke
            
             himself
             hath
             cited
             in
             this
             his
             22th
             chapter
             of
             his
             Jurisdiction
             of
             Courts
             ;
             out
             of
             the
             8th
             of
             Edward
             the
             Second
             ,
             
               tit
               .
               coron
            
             .
             399.
             where
             it
             is
             affirmed
             ,
             that
             it
             is
             no
             part
             of
             the
             Sea
             where
             one
             may
             see
             what
             is
             done
             one
             of
             part
             of
             the
             water
             ,
             and
             of
             the
             other
             ,
             
             as
             to
             see
             from
             one
             land
             to
             the
             other
             ;
             that
             the
             Coroner
             shall
             exercise
             his
             Office
             in
             this
             case
             ,
             and
             of
             this
             the
             County
             may
             have
             knowledge
             ,
             whereby
             (
             saith
             he
             )
             it
             appeareth
             that
             things
             done
             there
             are
             triable
             by
             the
             Country
             (
             that
             is
             by
             Jury
             )
             and
             consequently
             not
             in
             the
             Admiralty
             Court.
             Now
             by
             his
             leave
             ,
             it
             only
             appears
             that
             they
             would
             have
             made
             it
             law
             ,
             that
             of
             the
             death
             of
             a
             man
             there
             ,
             which
             concerneth
             the
             Coroners
             Office
             ,
             they
             might
             take
             cognizance
             ;
             and
             this
             saith
             he
             is
             affirmed
             for
             law
             by
             Stanford's
             
               Pleas
               of
               the
               Crown
               ,
               lib.
               1.
               fol.
               51.
               b.
            
             in
             these
             words
             ,
             
               If
               one
               be
               slain
               upon
               any
               arm
               of
               the
               sea
               where
               a
               man
               may
               see
               the
               land
               of
               the
               one
               part
               ,
            
             
             
               and
               of
               the
               other
               ,
               the
               Coroner
               shall
               enquire
               of
               this
               ,
               and
               not
               the
               Admiral
               ,
               because
               the
               Country
               may
               take
               cognizance
               of
               it
               .
            
             And
             he
             voucheth
             the
             said
             authority
             of
             the
             8th
             of
             Edward
             the
             second
             ,
             whereupon
             he
             concludeth
             in
             these
             words
             :
             so
             this
             proveth
             that
             by
             the
             Common
             Law
             ,
             before
             the
             Statute
             of
             the
             2d
             .
             of
             Henry
             the
             Fourth
             the
             Admiral
             had
             no
             jurisdiction
             but
             upon
             the
             high
             Seas
             ,
             which
             is
             no
             good
             conclusion
             ,
             if
             well
             observed
             ,
             as
             if
             it
             were
             impossble
             that
             the
             Common
             Law
             could
             not
             by
             some
             men
             be
             mistaken
             and
             made
             to
             encroach
             upon
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             as
             the
             Admiralty
             is
             accused
             to
             have
             done
             upon
             theirs
             ;
             whereas
             here
             we
             see
             it
             plain
             in
             the
             8th
             of
             Edward
             the
             Second
             ,
             they
             had
             ,
             or
             would
             have
             done
             in
             this
             particular
             ;
             and
             therefore
             in
             express
             words
             doth
             this
             Statute
             declare
             ,
             that
             of
             the
             death
             of
             a
             man
             ,
             and
             a
             maihme
             ,
             the
             Admiral
             shall
             have
             cognizance
             beneath
             the
             first
             bridges
             ;
             let
             no
             man
             therefore
             from
             this
             of
             the
             8th
             of
             Edward
             the
             Second
             conclude
             that
             the
             Admiral
             hath
             no
             Jurisdiction
             of
             any
             thing
             done
             upon
             the
             Ports
             and
             Havens
             ,
             or
             water
             ,
             where
             one
             may
             see
             from
             one
             side
             to
             the
             other
             ,
             since
             that
             one
             particular
             from
             which
             a
             general
             is
             argued
             (
             an
             argument
             never
             allowed
             amongst
             Scholars
             and
             Logicians
             )
             is
             by
             Statute
             corrected
             .
          
           
             For
             the
             rest
             of
             the
             particulars
             ,
             whereon
             Sir
             
               Edward
               Coke
            
             insisteth
             ,
             he
             instanceth
             not
             in
             any
             one
             before
             the
             making
             of
             these
             Statutes
             (
             saving
             that
             before
             mentioned
             ,
             and
             thus
             corrected
             by
             this
             Statute
             )
             nor
             of
             almost
             30
             years
             after
             the
             making
             of
             the
             last
             of
             three
             ,
             and
             well
             nigh
             40
             y●ars
             after
             the
             making
             of
             the
             first
             of
             them
             ;
             for
             it
             will
             be
             found
             to
             be
             little
             less
             then
             30
             years
             from
             the
             second
             
             of
             Henry
             the
             Fourth
             ,
             to
             the
             sixth
             of
             Henry
             the
             6.
             and
             little
             less
             then
             40
             from
             the
             13th
             of
             Richard
             the
             Second
             ,
             to
             the
             6th
             of
             Henry
             the
             Sixth
             ,
             in
             which
             year
             the
             first
             Judgement
             is
             said
             to
             be
             given
             in
             the
             Court
             of
             Common-pleas
             ,
             upon
             these
             Statutes
             ,
             which
             Sir
             
               Edward
               Coke
            
             affirmeth
             to
             be
             within
             20
             years
             of
             the
             making
             of
             the
             Statutes
             ;
             and
             therefore
             his
             first
             observation
             upon
             the
             Judgment
             ,
             raised
             from
             this
             mistaken
             ground
             is
             ,
             
             that
             it
             is
             
               contemporanea
               expositio
            
             ,
             which
             he
             saith
             is
             
               expositio
               optima
            
             ,
             as
             is
             said
             before
             ,
             to
             which
             I
             may
             without
             danger
             agree
             and
             consent
             ;
             for
             I
             shall
             in
             the
             next
             chapter
             save
             one
             shew
             that
             there
             is
             
               expositio
               magis
               contemporanea
            
             ,
             
             and
             will
             not
             very
             well
             agree
             either
             with
             this
             ,
             or
             any
             other
             of
             these
             latter
             Expositions
             of
             those
             Statutes
             ;
             and
             what
             is
             inferred
             upon
             this
             Judgement
             by
             Sir
             
               Edward
               Coke
            
             ,
             
             that
             it
             depended
             in
             advisement
             and
             deliberation
             ,
             in
             the
             Court
             of
             Common-pleas
             eight
             Terms
             ,
             as
             is
             before
             repeated
             ,
             will
             clearly
             take
             away
             what
             is
             both
             by
             Stanford
             and
             himself
             affirmed
             in
             general
             ,
             upon
             that
             one
             particular
             ,
             of
             the
             Coroners
             taking
             his
             Inquest
             upon
             the
             death
             of
             a
             man
             upon
             the
             water
             ,
             where
             one
             may
             see
             from
             the
             one
             side
             to
             the
             other
             ,
             by
             that
             of
             the
             eighth
             of
             Edward
             the
             Second
             ,
             namely
             that
             it
             appeareth
             ,
             that
             by
             the
             Common
             Law
             before
             the
             Statute
             ,
             things
             done
             there
             were
             tryable
             by
             the
             Country
             (
             that
             is
             by
             Jury
             )
             and
             not
             i●
             the
             Admiralty
             Court
             ;
             for
             if
             this
             had
             been
             so
             clear
             as
             both
             these
             two
             would
             make
             it
             ,
             then
             needed
             not
             the
             Judges
             of
             the
             Common-Pleas
             have
             advised
             or
             deliberated
             two
             days
             upon
             that
             point
             ,
             wherewith
             they
             were
             troubled
             two
             years
             ;
             which
             long
             deliberation
             and
             advisement
             plainly
             sheweth
             ,
             that
             they
             were
             at
             first
             very
             loth
             to
             adventure
             themselves
             upon
             the
             seas
             (
             though
             at
             a
             Port
             )
             where
             they
             had
             never
             been
             before
             ,
             yet
             at
             length
             they
             adventured
             ,
             but
             truely
             ,
             without
             any
             offence
             be
             it
             said
             ,
             in
             a
             rotten
             Barque
             ,
             without
             either
             Pilot
             or
             Stearsman
             ,
             as
             I
             conceive
             such
             a
             Voyage
             hath
             seldome
             been
             taken
             since
             ,
             untill
             Sir
             Coke's
             time
             ,
             immediately
             after
             which
             some
             have
             followed
             his
             Barque
             or
             Vessel
             ,
             and
             will
             so
             continue
             ,
             if
             their
             Voyage
             be
             not
             stopt
             .
             But
             I
             shall
             proceed
             unto
             the
             next
             Statute
             ,
             leaving
             that
             point
             of
             the
             cognizance
             of
             wreck
             of
             sea
             in
             this
             Statute
             mentioned
             (
             which
             is
             a
             thing
             that
             concerneth
             not
             Contracts
             ,
             &c.
             about
             Maritime
             affairs
             made
             at
             land
             )
             unto
             a
             chapter
             by
             it self
             .
          
        
         
           
           
             CHAP.
             VI.
             
          
           
             The
             Argument
             deduced
             out
             of
             the
             Statute
             of
             the
             second
             of
             Henry
             the
             Fourth
             ,
             cap.
             11.
             to
             prove
             the
             Contracts
             made
             at
             land
             concerning
             Maritime
             affairs
             ,
             are
             not
             cognizable
             in
             the
             Admiralty
             ,
             redargued
             .
          
           
             THe
             Statute
             of
             the
             2d
             of
             Henry
             the
             Fourth
             is
             likewise
             urged
             against
             the
             Admirals
             cognizance
             of
             Contracts
             and
             Covenants
             made
             at
             Land
             concerning
             Maritime
             affairs
             ,
             and
             hath
             been
             usually
             recited
             in
             prohibitions
             with
             the
             other
             two
             .
          
           
             This
             Statute
             is
             thus
             rendred
             by
             Sir
             
               Edward
               Coke
            
             .
             It
             is
             enacted
             (
             saith
             he
             )
             that
             the
             Act
             of
             the
             13th
             of
             Richard
             the
             second
             ,
             cap.
             5.
             be
             firmly
             holden
             ,
             and
             kept
             ,
             and
             put
             in
             due
             execution
             ,
             and
             further
             at
             the
             prayer
             of
             the
             Commons
             ,
             that
             as
             touching
             a
             pain
             to
             be
             set
             upon
             the
             Admiral
             ,
             or
             his
             Lieutenant
             ,
             that
             the
             Statute
             and
             the
             Common
             Law
             shall
             be
             holden
             against
             them
             ,
             and
             the
             party
             grieved
             shall
             recover
             his
             double
             damages
             .
          
           
             For
             the
             first
             part
             of
             the
             Statute
             he
             apprehendeth
             that
             he
             hath
             given
             a
             due
             exposition
             of
             that
             of
             the
             13th
             of
             Richard
             the
             second
             ,
             by
             setting
             down
             the
             answer
             to
             the
             Petition
             ,
             without
             any
             relation
             to
             the
             Petition
             it self
             ,
             and
             then
             indeed
             this
             Statute
             to
             ordain
             that
             the
             former
             should
             be
             firmly
             holden
             ,
             and
             kept
             ,
             and
             put
             in
             due
             execution
             ,
             would
             have
             made
             somewhat
             to
             his
             purpose
             :
             But
             if
             that
             first
             Statute
             be
             duly
             examined
             ,
             and
             receive
             a
             due
             construction
             ,
             then
             I
             conceive
             this
             will
             no
             wayes
             advance
             his
             cause
             .
             He
             further
             inferreth
             ,
             that
             because
             this
             Statute
             doth
             ordain
             ,
             as
             touching
             a
             pain
             to
             be
             set
             upon
             the
             Admiral
             ,
             or
             his
             Lieutenant
             ,
             that
             the
             Statute
             and
             Common
             Law
             should
             be
             holden
             against
             them
             ;
             That
             therefore
             it
             appeareth
             by
             this
             Act
             ,
             that
             the
             Statute
             of
             the
             13th
             of
             Richard
             the
             second
             is
             but
             an
             affirmance
             of
             the
             Common
             Law
             ,
             
             promiseth
             shall
             afterwards
             appear
             ,
             which
             I
             with
             much
             diligence
             in
             my
             reading
             expected
             ,
             but
             could
             find
             nothing
             more
             ,
             then
             what
             (
             as
             I
             hope
             )
             hath
             in
             its
             due
             place
             received
             an
             answer
             .
             And
             if
             we
             examine
             the
             original
             Statutes
             ,
             and
             Poulton's
             Translation
             of
             this
             part
             of
             this
             Statute
             ,
             they
             will
             plainly
             shew
             what
             Statute
             ,
             and
             what
             Common
             Law
             shall
             be
             holden
             against
             them
             .
          
           
             I
             shall
             therefore
             here
             set
             down
             the
             Statute
             according
             to
             the
             original
             ,
             and
             likewise
             Poulton's
             Translation
             thereof
             ;
             and
             the
             original
             is
             by
             way
             of
             petition
             and
             answer
             in
             these
             words
             .
          
           
             
             
               
                 
                   
                     Parl.
                     2.
                     
                     Hen.
                     4.
                     mem
                     75.
                     
                     
                  
                   
                     
                       It.
                       prient
                       les
                       comes
                       que
                       les
                       estatutz
                       faitz
                       en
                       temps
                       le
                       Roy
                       Rich.
                       touch
                       la
                       jurisdiccion
                       de
                       Courte
                       Admiraltie
                       soient
                       tenuz
                       &
                       firment
                       gardez
                       &
                       que
                       ladmiral
                       ,
                       &
                       ses
                       lieutenantz
                       ne
                       teinont
                       null
                       mannor
                       de
                       plèe
                       deinz
                       la
                       Court
                       d'admirall
                       en
                       contre
                       la
                       forme
                       &
                       Ordinance
                       des
                       dits
                       estatutz
                       &
                       sils
                       fount
                       a
                       contre
                       en
                       courgent
                       la
                       peine
                       xx
                       .
                       l.
                       paiant
                       la
                       moite
                       au
                       Roy
                       ,
                       &
                       lautre
                       moite
                       a
                       perte
                       greve
                       .
                    
                     
                       R.
                       soit
                       lestatute
                       ent
                       fait
                       tenuz
                       &
                       gardez
                       &
                       outre
                       ceo
                       quant
                       a
                       peine
                       metre
                       sur
                       da'dmirall
                       ou
                       son
                       lieutenant
                       soit
                       lestatute
                       &
                       la
                       come
                       ley
                       tenuz
                       denez
                       eux
                       &
                       que
                       rely
                       que
                       loy
                       sente
                       quereue
                       en
                       contre
                       la
                       forme
                       de
                       le
                       dit
                       estatute
                       ,
                       eit
                       sa
                       occasion
                       per
                       briefs
                       foundne
                       sur
                       lecas
                       evers
                       celui
                       gensi
                       pur
                       sue
                       en
                       la
                       Court
                       d'admiraltie
                       ,
                       &
                       recover
                       '
                       ses
                       dammages
                       denums
                       mesme
                       le
                       pursueant
                       au
                       double
                       &
                       encourge
                       mesme
                       le
                       pursuant
                       la
                       peine
                       de
                       x
                       l.
                       en
                       ●i
                       le
                       Roy
                       pur
                       sa
                       pursuit
                       ensi
                       faitz
                       sil
                       soit
                       attemte
                       .
                       
                    
                  
                   
                     
                       Which
                       Statute
                       is
                       by
                       Poulton
                       rendred
                       thus
                       .
                    
                     
                       Item
                       ,
                       Whereas
                       in
                       the
                       Statute
                       made
                       at
                       Westminster
                       ,
                       the
                       13
                       year
                       of
                       the
                       said
                       King
                       
                         Richard
                         ▪
                      
                       amongst
                       other
                       things
                       ,
                       it
                       is
                       contained
                       that
                       the
                       Admirals
                       and
                       their
                       Deputies
                       shall
                       not
                       intermeddle
                       ,
                       from
                       hence
                       forth
                       of
                       any
                       thing
                       done
                       within
                       the
                       Realm
                       ,
                       but
                       only
                       of
                       a
                       thing
                       done
                       upon
                       the
                       Sea
                       ,
                       according
                       as
                       it
                       hath
                       been
                       duely
                       used
                       in
                       the
                       time
                       of
                       the
                       Noble
                       King
                       Edward
                       ,
                       Grandfather
                       to
                       the
                       said
                       King
                       Richard
                       ,
                       our
                       said
                       Lord
                       the
                       King
                       ,
                       willeth
                       and
                       granteth
                       that
                       the
                       said
                       Statute
                       be
                       firmly
                       holden
                       and
                       kept
                       and
                       put
                       in
                       due
                       execution
                       ;
                       and
                       moreover
                       the
                       same
                       our
                       Lord
                       the
                       King
                       by
                       the
                       advice
                       ,
                       and
                       ascent
                       of
                       the
                       Lords
                       Spiritual
                       and
                       Temporal
                       ,
                       and
                       at
                       the
                       Prayer
                       of
                       the
                       said
                       Commons
                       ,
                       hath
                       ordained
                       and
                       stablished
                       ,
                       That
                       as
                       touching
                       a
                       pain
                       to
                       be
                       set
                       upon
                       the
                       Admirall
                       ,
                       as
                       his
                       Lieutenant
                       ,
                       that
                       the
                       Statute
                       ,
                       and
                       the
                       Common
                       Law
                       be
                       holden
                       against
                       them
                       ;
                       and
                       that
                       he
                       that
                       feeleth
                       himself
                       grieved
                       against
                       the
                       form
                       of
                       the
                       said
                       Statute
                       ,
                       shall
                       have
                       his
                       action
                       by
                       Writ
                       ,
                       grounded
                       upon
                       the
                       Case
                       ,
                       against
                       him
                       that
                       doth
                       so
                       pursue
                       in
                       the
                       Admiralty
                       Court
                       ,
                       and
                       recover
                       his
                       double
                       damages
                       against
                       the
                       pursuant
                       ,
                       and
                       the
                       same
                       pursuant
                       shall
                       incurre
                       the
                       pain
                       of
                       ten
                       pounds
                       to
                       the
                       King
                       ,
                       for
                       the
                       pursuit
                       so
                       made
                       ,
                       if
                       he
                       be
                       attainted
                       .
                    
                  
                
              
            
          
           
             Now
             it
             plainly
             appeareth
             by
             the
             Original
             ,
             which
             I
             have
             here
             verbatim
             set
             down
             ,
             that
             this
             Statute
             is
             onely
             in
             confirmation
             of
             the
             former
             Statute
             as
             originally
             enacted
             ,
             according
             to
             the
             true
             construction
             thereof
             ,
             which
             taken
             together
             with
             that
             exposition
             of
             the
             15th
             .
             of
             Richard
             the
             2.
             hath
             truely
             rendred
             of
             that
             and
             the
             same
             ,
             being
             taken
             with
             relation
             to
             the
             Petition
             as
             I
             conceive
             it
             ought
             to
             be
             ,
             and
             by
             Sir
             
               Edward
               Coke
            
             and
             Poultons
             Translations
             here
             ,
             it
             is
             in
             affirmance
             of
             the
             first
             of
             them
             onely
             ,
             as
             Poulton
             
             himself
             hath
             in
             his
             Translation
             thereof
             rendred
             it
             ;
             so
             that
             neither
             of
             these
             two
             Translations
             agree
             with
             the
             Original
             ,
             saving
             in
             this
             ,
             that
             he
             that
             shall
             find
             himself
             aggrieved
             against
             the
             form
             thereof
             ,
             shall
             recover
             double
             damages
             against
             the
             pursuant
             .
          
           
             Now
             what
             may
             be
             called
             Damages
             that
             shall
             be
             recovered
             double
             by
             this
             Statute
             ,
             is
             a
             great
             question
             :
             If
             a
             man
             do
             sue
             in
             the
             Admiralty
             Court
             ,
             and
             there
             recover
             ,
             and
             is
             paid
             a
             just
             and
             due
             debt
             of
             100
             l.
             which
             he
             ought
             to
             have
             sued
             for
             in
             the
             Common
             Law
             ,
             and
             might
             have
             there
             surely
             recovered
             ,
             the
             question
             whether
             the
             other
             party
             can
             be
             said
             to
             be
             damni●●ed
             ,
             that
             100
             l.
             over
             and
             above
             his
             expences
             and
             trouble
             ;
             I
             cannot
             imagine
             any
             reasonable
             man
             will
             say
             he
             was
             .
             What
             shall
             be
             thought
             then
             of
             the
             leading
             case
             ,
             
               Hil.
               6.
               
               H.
            
             6.
             in
             the
             Common
             Pleas
             ,
             cited
             by
             Sir
             
               Edward
               Coke
            
             for
             the
             first
             that
             received
             Judgement
             in
             that
             Court
             upon
             this
             Statute
             ,
             of
             double
             damages
             ,
             who
             saith
             that
             
               Bartholomew
               Putt
            
             sued
             
               John
               Burton
            
             in
             the
             Admiralty
             ,
             for
             that
             he
             by
             force
             of
             arms
             ,
             three
             Ships
             of
             the
             said
             Bartholomews
             with
             his
             Prisoners
             and
             Merchandizes
             to
             the
             value
             of
             960
             marks
             ,
             odd
             money
             ,
             being
             in
             the
             said
             Ships
             ,
             did
             take
             ,
             and
             carry
             away
             ,
             supposing
             the
             taking
             to
             be
             
               super
               altum
               mare
            
             ,
             whereas
             it
             was
             in
             the
             Haven
             of
             Bristow
             :
             whereupon
             the
             said
             Burton
             sued
             the
             said
             Putt
             upon
             the
             Statutes
             ,
             and
             a
             verdict
             was
             found
             for
             the
             said
             Burton
             against
             the
             said
             Putt
             ,
             and
             damages
             assessed
             unto
             700
             l.
             and
             Judgement
             given
             double
             for
             1400
             l.
             In
             this
             place
             ,
             I
             shall
             set
             aside
             the
             Question
             ,
             whether
             this
             case
             was
             proper
             to
             the
             Admiralty
             Court
             ,
             or
             the
             Common
             Law
             ,
             having
             spoken
             to
             that
             purpose
             already
             in
             a
             place
             more
             proper
             ;
             
             and
             here
             onely
             examine
             the
             question
             ,
             concerning
             the
             damages
             ,
             and
             them
             doubled
             .
             It
             doth
             not
             appear
             by
             any
             thing
             is
             said
             by
             Sir
             
               Edward
               Coke
            
             ,
             that
             Putt
             had
             either
             received
             from
             ,
             or
             so
             much
             as
             recovered
             of
             the
             said
             Burton
             the
             said
             900
             marks
             ,
             or
             any
             part
             thereof
             ;
             and
             yet
             the
             said
             Burton
             is
             found
             thereto
             be
             damnified
             the
             said
             900
             marks
             ,
             besides
             100
             l.
             more
             for
             his
             expence
             and
             trouble
             ,
             all
             which
             is
             double
             by
             the
             Judgement
             ;
             so
             that
             by
             this
             Judgement
             he
             was
             barred
             and
             hindred
             any
             tryal
             for
             his
             900
             marks
             ,
             or
             whatsoever
             else
             he
             should
             prove
             himself
             to
             be
             damnified
             ,
             which
             no
             man
             can
             or
             could
             then
             say
             he
             was
             not
             to
             have
             recovered
             in
             one
             of
             the
             said
             Courts
             ,
             but
             was
             condemned
             to
             pay
             1400
             l.
             damages
             to
             Burton
             ,
             who
             was
             damnified
             nothing
             more
             then
             his
             expence
             ,
             and
             some
             trouble
             in
             a
             wrong
             Court
             (
             as
             is
             pretended
             )
             for
             what
             he
             had
             unjustly
             done
             ,
             for
             ought
             ever
             appeared
             ,
             or
             was
             ever
             attempted
             to
             be
             made
             appear
             ,
             
             and
             he
             hereby
             acquitted
             of
             that
             Act
             ,
             how
             unjust
             soever
             .
          
           
             If
             it
             might
             have
             been
             granted
             (
             which
             may
             not
             be
             )
             that
             the
             Admiral
             had
             no
             jurisdiction
             nor
             cognizance
             of
             this
             Cause
             ,
             yet
             surely
             that
             Court
             which
             had
             ,
             might
             first
             have
             examined
             whether
             Burtons
             act
             ,
             complained
             of
             ,
             was
             an
             unjust
             act
             or
             not
             ,
             and
             whether
             Putt
             should
             not
             there
             have
             recovered
             900
             marks
             as
             well
             as
             in
             the
             Admiralty
             Court
             ;
             and
             certainly
             if
             he
             should
             ,
             then
             cannot
             I
             conceive
             how
             Burton
             can
             be
             said
             to
             be
             damnified
             that
             900
             marks
             which
             might
             elsewhere
             have
             been
             recovered
             ,
             and
             obtained
             against
             him
             ;
             nor
             can
             I
             judge
             that
             he
             being
             sued
             for
             900
             marks
             ,
             which
             neither
             were
             or
             could
             there
             or
             elsewhere
             have
             been
             obtained
             against
             him
             ,
             was
             thereby
             damnified
             900
             marks
             .
             I
             shall
             therefore
             leave
             it
             here
             to
             be
             considered
             ,
             whether
             such
             a
             Judgement
             once
             given
             at
             the
             Common
             Law
             ,
             is
             to
             be
             held
             firme
             and
             continued
             for
             law
             ever
             after
             ,
             or
             not
             .
          
           
             But
             I
             must
             not
             pass
             over
             a
             main
             objection
             ,
             which
             might
             have
             been
             ,
             or
             may
             hereafter
             be
             raised
             out
             of
             this
             Statute
             ,
             as
             the
             same
             is
             by
             Poulton
             rendered
             ,
             which
             is
             this
             :
             The
             Statute
             (
             as
             he
             rendereth
             it
             )
             saith
             ,
             that
             whereas
             in
             the
             Statute
             made
             at
             Westminster
             ,
             the
             thirteenth
             year
             of
             King
             Richard
             the
             second
             ▪
             amongst
             other
             things
             ,
             it
             is
             contained
             that
             the
             Admirals
             and
             their
             Deputies
             shall
             not
             intermeddle
             from
             henceforth
             of
             any
             thing
             done
             within
             the
             Realm
             ,
             but
             only
             of
             a
             thing
             done
             upon
             the
             sea
             ,
             &c.
             so
             that
             hereby
             it
             may
             seem
             ,
             and
             be
             very
             well
             urged
             that
             this
             Statute
             doth
             clearly
             confirme
             the
             Statute
             of
             the
             13th
             of
             Richard
             the
             second
             ,
             as
             the
             same
             is
             both
             by
             Poulton
             and
             Sir
             
               Edward
               Coke
            
             rendered
             and
             translated
             without
             any
             relation
             to
             the
             Petition
             :
             but
             if
             this
             very
             Statute
             be
             duly
             considered
             ,
             it
             will
             plainly
             appear
             that
             Poulton
             hath
             here
             thrust
             in
             a
             repetition
             of
             the
             former
             Statute
             ,
             according
             to
             his
             own
             former
             rendering
             thereof
             ,
             
             to
             make
             the
             same
             good
             ,
             which
             the
             original
             before
             inserted
             in
             this
             very
             chapter
             ,
             being
             consulted
             withall
             ,
             will
             not
             allow
             him
             ;
             for
             there
             is
             not
             one
             word
             of
             this
             repetition
             mentioned
             either
             in
             the
             Petition
             or
             Answer
             ,
             
               quod
               vide
            
             ;
             for
             the
             Petition
             is
             that
             the
             Statutes
             made
             in
             the
             time
             of
             Richard
             the
             second
             touching
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             comprehending
             the
             one
             as
             well
             as
             the
             other
             ,
             as
             well
             the
             latter
             which
             rendreth
             the
             true
             construction
             of
             the
             former
             ,
             according
             unto
             the
             true
             meaning
             thereof
             ,
             taken
             with
             relation
             to
             the
             Petition
             ,
             as
             I
             cannot
             conceive
             but
             that
             it
             ought
             to
             be
             ,
             as
             the
             former
             of
             the
             13th
             of
             Richard
             the
             second
             may
             be
             held
             and
             firmly
             kept
             ,
             and
             that
             the
             Admirals
             and
             their
             Lieutenants
             ▪
             may
             not
             hold
             any
             manner
             of
             plea
             in
             the
             Court
             of
             the
             Admiralty
             ,
             contrary
             to
             the
             form
             and
             ordinance
             
             of
             the
             sai●
             Statutes
             ,
             which
             by
             the
             Answer
             is
             granted
             in
             generall
             ,
             without
             repeating
             any
             part
             ,
             either
             of
             the
             one
             of
             them
             ,
             or
             of
             the
             other
             .
          
           
             So
             then
             these
             former
             Statutes
             ,
             being
             onely
             considered
             with
             relation
             to
             the
             Petitions
             ,
             whereunto
             they
             are
             answers
             ,
             I
             conceive
             this
             Statute
             affordeth
             no
             Argument
             at
             all
             against
             the
             Admirals
             Jurisdiction
             ,
             or
             cognizance
             of
             Contracts
             made
             at
             Land
             ,
             concerning
             Maritime
             affairs
             ,
             more
             then
             what
             the
             other
             afforded
             ;
             and
             so
             I
             hasten
             to
             what
             I
             promised
             in
             the
             Chapter
             preceding
             this
             .
          
        
         
           
             CHAP.
             VII
             .
          
           
             That
             the
             Admiral
             by
             these
             Statutes
             ,
             was
             not
             barred
             the
             Cognizance
             of
             Maritime
             Contracts
             ,
             though
             made
             at
             Land
             ,
             made
             appear
             by
             the
             practice
             of
             those
             times
             ,
             proved
             out
             of
             ancient
             Records
             remaining
             in
             the
             Tower
             of
             London
             .
          
           
             THe
             Judgment
             given
             in
             the
             Case
             of
             Burton
             and
             Putt
             by
             Sir
             
               Edward
               Coke
            
             ,
             said
             to
             be
             the
             first
             that
             can
             be
             found
             ,
             that
             was
             given
             upon
             the
             Statutes
             ,
             against
             the
             Admiral
             's
             having
             Jurisdiction
             any
             where
             ,
             but
             upon
             the
             high
             Seas
             ,
             and
             by
             him
             said
             to
             be
             within
             20
             years
             of
             the
             making
             of
             the
             Statutes
             ,
             and
             so
             
               contemporanea
               expositio
            
             ,
             the
             time
             being
             duely
             computed
             ,
             as
             I
             have
             said
             before
             ,
             
             will
             be
             found
             to
             have
             been
             given
             full
             27
             years
             after
             the
             last
             of
             them
             ;
             For
             the
             Parliament
             ,
             wherein
             the
             last
             of
             them
             ,
             viz.
             the
             Statute
             2.
             
             H.
             4.
             was
             made
             ,
             was
             begun
             and
             holden
             at
             Westminster
             in
             the
             utas
             of
             St.
             
               Hillarie
               ,
               Anno
               Domini
            
             1400
             ;
             and
             in
             
               Hillary
               ▪
            
             Term
             1427
             ,
             being
             6.
             
             H.
             6.
             was
             this
             Judgement
             given
             ,
             so
             that
             the
             largest
             part
             of
             four
             in
             this
             computation
             ,
             is
             abated
             ,
             to
             bring
             this
             Judgement
             within
             the
             compass
             of
             a
             contemporary
             exposition
             ▪
             but
             indeed
             this
             Judgement
             must
             be
             grounded
             as
             well
             upon
             the
             two
             former
             ,
             as
             this
             latter
             ,
             and
             principally
             upon
             the
             first
             of
             them
             ;
             and
             then
             is
             this
             Judgement
             37
             years
             and
             more
             after
             the
             making
             of
             that
             Statute
             ,
             the
             same
             being
             made
             in
             Anno
             1389.
             this
             Statute
             therefore
             having
             not
             born
             this
             construction
             or
             exposition
             from
             the
             time
             of
             the
             making
             of
             it
             ,
             until
             37
             years
             after
             ,
             and
             upwards
             ,
             this
             being
             the
             first
             Judgement
             thereupon
             (
             as
             is
             confest
             )
             and
             that
             given
             by
             the
             Judges
             ,
             not
             without
             a
             great
             deal
             of
             doubting
             for
             the
             space
             of
             eight
             Terms
             ,
             before
             they
             could
             
             agree
             ,
             or
             would
             adventure
             to
             give
             that
             construction
             ,
             or
             such
             exposition
             thereof
             ,
             though
             tending
             
               ad
               suam
               jurisdictonem
               ampliandam
            
             ,
             I
             cannot
             apprehend
             that
             this
             was
             contemporanea
             ,
             or
             
               optima
               expositio
            
             ,
             nor
             do
             I
             find
             by
             all
             the
             particulars
             cited
             by
             Sir
             
               Edward
               Coke
            
             concerning
             this
             matter
             ,
             that
             this
             Judgement
             was
             ever
             pursued
             as
             a
             president
             or
             example
             ,
             by
             the
             same
             ,
             or
             other
             succeeding
             Judges
             .
          
           
             Indeed
             two
             Actions
             he
             instanceth
             in
             brought
             upon
             the
             same
             ground
             ,
             one
             by
             Cupper
             against
             Rayner
             ,
             and
             the
             other
             by
             Wydewell
             against
             Rayner
             ,
             brought
             both
             in
             the
             Court
             of
             the
             Common
             Pleas
             ,
             
             about
             six
             years
             after
             this
             Judgement
             ,
             
               viz.
               Paschae
               12.
               
               H.
            
             6.
             
             But
             he
             speaketh
             not
             of
             any
             Judgement
             given
             therein
             ,
             which
             if
             there
             had
             ,
             he
             would
             not
             willingly
             have
             omitted
             to
             have
             inserted
             the
             same
             ,
             which
             maketh
             me
             verily
             conceive
             that
             no
             Judgement
             was
             given
             upon
             either
             of
             them
             ,
             nor
             indeed
             can
             I
             think
             that
             the
             former
             Judgement
             by
             him
             cyted
             ,
             ever
             took
             any
             effect
             ,
             or
             was
             ever
             put
             in
             execution
             .
          
           
             If
             Sir
             Coke's
             rule
             be
             true
             ,
             that
             
               contemporanea
               expositio
               est
               optima
            
             ,
             a
             contemporary
             exposition
             is
             best
             ,
             then
             is
             not
             this
             exposition
             made
             by
             this
             Judgement
             the
             best
             ,
             though
             it
             may
             be
             
               magis
               contemporanea
            
             ,
             more
             contemporary
             then
             the
             other
             Judgements
             ,
             or
             expositions
             given
             longer
             after
             ,
             
             
               viz.
               Paschae
               28
               Eliz.
            
             which
             he
             instanceth
             in
             ,
             That
             
               Evangelist
               Constantine
            
             having
             covenanted
             with
             
               Hugh
               Gynn
            
             ,
             that
             his
             Ship
             should
             sail
             with
             Merchandizes
             of
             the
             said
             Gynn
             to
             Muttrell●in
             ●in
             Spain
             ,
             and
             should
             there
             remain
             for
             certain
             days
             ,
             upon
             breach
             of
             which
             Covenant
             ,
             Gynn
             brought
             an
             Action
             of
             Debt
             of
             500
             l.
             in
             regard
             the
             Charter
             party
             was
             made
             at
             Thetford
             in
             the
             County
             of
             Northfolk
             ,
             and
             had
             Judgement
             in
             the
             Kings
             Bench
             ;
             And
             that
             Mich.
             30.
             and
             31.
             
             Eliz.
             of
             an
             Action
             of
             case
             brought
             upon
             a
             policy
             of
             ensurance
             ,
             so
             that
             the
             former
             may
             be
             said
             to
             be
             
               melior
               expositio
            
             ,
             a
             better
             exposition
             then
             those
             latter
             ,
             because
             it
             seemeth
             to
             be
             the
             foundation
             whereon
             they
             are
             grounded
             ,
             and
             therefore
             more
             authentique
             .
             But
             if
             I
             shall
             shew
             that
             within
             a
             farre
             shorter
             compass
             of
             time
             after
             the
             making
             of
             the
             said
             Statutes
             then
             any
             of
             those
             Judgements
             were
             given
             ,
             which
             he
             hath
             instanced
             in
             ,
             no
             such
             exposition
             was
             made
             of
             the
             said
             Statutes
             ,
             but
             that
             the
             Admir●●ty
             was
             held
             to
             be
             the
             proper
             Court
             for
             such
             causes
             ,
             and
             the
             Civil
             Law
             fittest
             to
             Judge
             them
             by
             ,
             then
             will
             mine
             be
             
               multo
               magis
               contemporanea
               expositio
            
             ,
             a
             farre
             more
             contemporary
             exposition
             then
             his
             ,
             and
             by
             his
             own
             rule
             ,
             
               si
               non
               optima
               ,
               multo
               tamen
               suis
               melior
               ,
            
             If
             not
             the
             best
             ,
             yet
             farre
             better
             then
             his
             .
          
           
           
             I
             shall
             therefore
             instance
             in
             an
             Action
             brought
             in
             the
             Admiralty
             within
             three
             years
             after
             the
             making
             of
             the
             first
             of
             these
             Statutes
             ,
             and
             in
             August
             next
             after
             the
             making
             of
             the
             second
             of
             them
             ,
             and
             in
             the
             same
             year
             that
             this
             last
             Statute
             was
             made
             ,
             as
             will
             appear
             by
             the
             Record
             it self
             ,
             which
             I
             shall
             in
             this
             chapter
             set
             down
             at
             large
             .
          
           
             The
             Action
             was
             brought
             in
             the
             Admiralty
             of
             the
             West
             ,
             before
             
               Nicholas
               Clifton
            
             ,
             then
             Lieutenant
             to
             the
             Earl
             of
             Huntingdon
             Admiral
             of
             the
             Western
             parts
             ,
             by
             
               Peter
               Draper
            
             and
             
               Robert
               Ancleyn
            
             of
             Sherburne
             ,
             Merchants
             ,
             against
             
               William
               Stillard
            
             Mariner
             ,
             in
             a
             cause
             of
             contract
             ,
             and
             letting
             to
             freight
             a
             ship
             of
             the
             said
             
               William
               Stillard
            
             ,
             called
             the
             Lethenard
             of
             Haniel
             ,
             to
             sail
             thence
             to
             the
             Isle
             of
             Ree
             ,
             for
             Salt
             ,
             there
             to
             be
             had
             ,
             and
             carried
             or
             brought
             back
             from
             thence
             to
             Weymouth
             or
             Southampton
             ,
             at
             the
             choyce
             of
             the
             said
             Merchants
             ,
             as
             by
             the
             Charter-party
             of
             contract
             and
             affreightment
             of
             the
             said
             Ship
             indented
             ,
             and
             between
             the
             said
             parties
             made
             ,
             evidently
             appeared
             :
             and
             this
             Action
             there
             sometime
             depended
             ,
             and
             was
             proceeded
             in
             unto
             sentence
             without
             any
             interruption
             ,
             or
             being
             any
             wayes
             hindered
             by
             any
             manner
             of
             objecting
             either
             of
             the
             said
             two
             Statutes
             ,
             against
             the
             proceedings
             in
             the
             said
             Cause
             ,
             and
             sentence
             was
             given
             for
             the
             said
             Stillard
             ,
             from
             which
             the
             said
             Draper
             and
             Ancleyne
             appealed
             unto
             the
             King
             in
             Chancery
             ,
             and
             a
             Commission
             was
             from
             thence
             by
             the
             Lord
             Chancellor
             awarded
             unto
             five
             other
             Civilians
             ,
             or
             to
             any
             four
             ,
             three
             ,
             or
             two
             of
             them
             ,
             giving
             them
             full
             power
             and
             authority
             to
             take
             the
             said
             cause
             of
             appeal
             into
             their
             cognizance
             ,
             to
             be
             proceeded
             ,
             heard
             ,
             and
             discussed
             in
             due
             forme
             of
             law
             ,
             and
             the
             same
             to
             determine
             according
             to
             law
             .
          
           
             All
             which
             will
             appear
             by
             the
             Commission
             it self
             ,
             upon
             record
             in
             the
             Tower
             ,
             which
             I
             will
             here
             set
             down
             verbatim
             .
          
           
             
               
                 
                   
                     R.
                     dilectis
                     &
                     fidelibus
                     suis
                     
                       Johanni
                       Cobbam
                    
                     ,
                     
                     Magistro
                     
                       Johanni
                       Bennet
                    
                     ,
                     Magistro
                     
                       Johanni
                       Runhale
                    
                     ,
                     Magistro
                     
                       Thomae
                       Southam
                    
                     ,
                     Magistro
                     
                       Johanni
                       Combe
                    
                     salutem
                     .
                     Sciatis
                     cum
                     nuper
                     notâ
                     lite
                     seu
                     controversiâ
                     in
                     Curiâ
                     nostrâ
                     Admiralitatis
                     Angliae
                     in
                     partibus
                     Occidentalibus
                     coram
                     dilecto
                     &
                     fideli
                     nostro
                     
                       Nicholao
                       Cliffton
                    
                     tunc
                     locum
                     tenente
                     clarissimi
                     fratris
                     nostri
                     Comitis
                     Huntindon
                     ,
                     Admiralli
                     nostri
                     in
                     partibus
                     praedictis
                     ,
                     inter
                     
                       Petrum
                       Draper
                    
                     ,
                     &
                     
                       Robertum
                       Ancleyne
                    
                     de
                     Sherbourn
                     ,
                     Mercatores
                     ,
                     partem
                     actricem
                     ex
                     una
                     parte
                     ,
                     
                       〈◊〉
                       Willielmum
                       Stillard
                    
                     Marinarium
                     partem
                     ream
                     ex
                     altera
                     ,
                     occasione
                     affrectationis
                     ,
                     conductionis
                     ,
                     sive
                     locationis
                     cujusdam
                     navis
                     praedicti
                     
                       Willielmi
                       Lethenard
                    
                     de
                     Hainnel
                     nuncupat
                     .
                     ad
                     veland
                     .
                     ad
                     partes
                     de
                     la
                     Ray
                     pro
                     sale
                     ibidem
                     habendum
                     &
                     praedict
                     .
                     inde
                     carcandum
                     ,
                     &
                     deinde
                     apud
                     Weymouth
                     vel
                     Southampton
                     ,
                     ad
                     electionem
                     mercatorum
                     reducend
                     .
                     ut
                     occasione
                     conventionum
                     &
                     contractuum
                     
                     affrectationem
                     ,
                     conductionem
                     navis
                     praedictae
                     concernen
                     .
                     de
                     quibus
                     per
                     chartas
                     indictatas
                     inter
                     personas
                     suprascriptas
                     evidenter
                     apparet
                     ,
                     aliquandiae
                     vertebatur
                     praedictus
                     locum
                     tenens
                     perperam
                     in
                     causa
                     praedicta
                     procedens
                     ,
                     &
                     parti
                     Williemi
                     plus
                     debito
                     favens
                     ,
                     sententiam
                     contra
                     eos
                     Petrum
                     &
                     Robertum
                     pro
                     parte
                     dicti
                     Willielmi
                     tulit
                     ,
                     diffinitivam
                     ,
                     iniquam
                     ,
                     invalidam
                     sive
                     nullam
                     ,
                     ad
                     instantiam
                     ad
                     procurationem
                     dicti
                     Willielmi
                     subdolas
                     &
                     injustas
                     minus
                     justè
                     ut
                     asseritur
                     in
                     ipsorum
                     Petri
                     &
                     Roberti
                     praejudicium
                     non
                     modicum
                     ,
                     &
                     gravamen
                     ;
                     a
                     qua
                     quidem
                     sententia
                     diffinitiva
                     &
                     caeteris
                     gravaminibus
                     praetensis
                     fuisset
                     ,
                     &
                     sic
                     per
                     praedictum
                     Petrum
                     no'ie
                     suo
                     &
                     procuratorio
                     no'ie
                     dicti
                     Roberti
                     ad
                     nos
                     &
                     nostram
                     audientiam
                     legitimè
                     ut
                     praetenditur
                     appellatum
                     ,
                     quam
                     quidem
                     appellationem
                     idem
                     Petrus
                     intendit
                     ut
                     asserit
                     pro
                     se
                     &
                     dicto
                     Roberto
                     prosequi
                     cum
                     effectu
                     ,
                     ac
                     nobis
                     supplicavit
                     ut
                     sibi
                     &
                     praefato
                     Roberto
                     super
                     appellationem
                     praedictam
                     certos
                     judices
                     dare
                     seu
                     assignare
                     dignaremur
                     ;
                     nos
                     supplicatione
                     hujusmodi
                     ,
                     tanquam
                     juri
                     consona
                     annuentes
                     ,
                     vobis
                     quatuor
                     ,
                     tribus
                     vel
                     duobus
                     vestrum
                     in
                     solid
                     .
                     de
                     quorum
                     fidelitate
                     &
                     industria
                     fiduciam
                     gerimus
                     specialem
                     ,
                     committimus
                     vices
                     nostras
                     ,
                     ac
                     plenam
                     tenore
                     praesentium
                     potestatem
                     ac
                     mandatum
                     speciale
                     ad
                     audiendum
                     ,
                     cognoscendum
                     ,
                     &
                     procedendum
                     in
                     causa
                     seu
                     causis
                     appellationis
                     hujus
                     ,
                     nec
                     non
                     in
                     causa
                     in
                     hac
                     parte
                     principali
                     ,
                     prout
                     dictaverit
                     ordo
                     Juris
                     ipsam
                     &
                     ipsas
                     cum
                     suis
                     emergentibus
                     ,
                     incidentibus
                     &
                     connexis
                     quibuscunque
                     secundum
                     juris
                     exigentiam
                     ,
                     discutiend
                     .
                     &
                     sine
                     debito
                     terminand
                     .
                     &
                     ideo
                     vobis
                     &
                     cuilibet
                     vestrum
                     mandamus
                     ,
                     quod
                     vocetis
                     coram
                     vobis
                     quatuor
                     ,
                     tribus
                     ,
                     vel
                     duobus
                     vestrum
                     partibus
                     praedictis
                     ,
                     ac
                     aliis
                     in
                     hac
                     parte
                     ,
                     quos
                     de
                     jure
                     fore
                     viderit
                     evocand
                     .
                     auditisque
                     in
                     dicta
                     appellationis
                     caâ
                     unâ
                     cum
                     principal
                     ▪
                     eorum
                     rationibus
                     &
                     allegationibus
                     circa
                     praemissa
                     diligenter
                     intendatis
                     &
                     as
                     faciatis
                     &
                     exequamini
                     in
                     forma
                     praedicta
                     .
                     Damus
                     autem
                     praefato
                     Admirallo
                     nostro
                     ac
                     ejus
                     locum
                     tenenti
                     ,
                     nec
                     non
                     universis
                     &
                     singulis
                     Officiariis
                     ,
                     Ministris
                     ,
                     Ligeis
                     ,
                     Subditis
                     ,
                     ac
                     aliis
                     fidelibus
                     nostris
                     quorum
                     interest
                     tenore
                     praesentium
                     firmiter
                     in
                     mandatis
                     quod
                     vobis
                     quatuor
                     ,
                     tribus
                     &
                     duobus
                     vestrum
                     in
                     forma
                     dicti
                     mandati
                     nostri
                     ,
                     prout
                     ad
                     ipsos
                     pertinet
                     ,
                     intendentes
                     sint
                     &
                     respondentes
                     ,
                     consulentes
                     ,
                     &
                     auxiliantes
                     ,
                     &
                     vestris
                     mandatis
                     obedientes
                     prout
                     decet
                     .
                  
                   
                     
                       In
                       cujus
                       ,
                       &c.
                       4.
                       apud
                       Westm
                       .
                       
                         
                           3.
                           
                           Augusti
                        
                         .
                      
                    
                  
                
              
            
          
           
             And
             in
             the
             17th
             year
             of
             the
             sam●
             Kings
             Reign
             ,
             
               John
               Coppin
            
             Matiner
             and
             Owner
             of
             the
             Ship
             the
             Gabriel
             of
             
               Sancta
               Osicha
            
             of
             Burdugall
             sued
             
               William
               Snoke
            
             and
             
               Thomas
               Saxtingham
            
             ,
             Merchants
             ,
             for
             freight
             of
             that
             Ship
             ;
             first
             at
             the
             Common
             Law
             ,
             where
             the
             Action
             lay
             not
             ,
             and
             so
             failed
             ;
             and
             then
             in
             the
             Admiralty
             ;
             but
             before
             sentence
             appealed
             to
             the
             High
             Constables
             Court
             ,
             where
             his
             Appeal
             lay
             not
             ;
             and
             was
             therefore
             from
             thence
             dismissed
             ,
             and
             condemned
             in
             Expences
             ;
             who
             then
             appealed
             to
             the
             King
             in
             Chancery
             ,
             and
             had
             a
             Commission
             from
             thence
             directed
             unto
             
               Richard
               Stury
            
             Knight
             ,
             Mr.
             
               John
               Bennet
            
             Official
             of
             the
             Court
             of
             Canterbury
             ,
             
             and
             Mr.
             
               Michael
               Sergeaux
            
             Dean
             of
             the
             Arches
             London
             ,
             to
             hear
             and
             discusse
             the
             said
             cause
             in
             due
             form
             of
             law
             ,
             and
             to
             determine
             the
             same
             according
             to
             the
             rules
             of
             the
             Civil
             Law
             ,
             they
             being
             all
             three
             Civilians
             :
             All
             which
             likewise
             appeareth
             by
             the
             Commission
             it self
             upon
             Record
             in
             the
             Tower
             ,
             which
             followeth
             in
             these
             words
             .
          
           
             Rex
             ,
             
             dilectis
             &
             fidelibus
             suis
             
               Richardo
               Stury
            
             militi
             ,
             Magistro
             
               Johanni
               Bennet
            
             ,
             Officiali
             Curiae
             Cant.
             &
             Magistro
             
               Michaeli
               Sergeaux
            
             Decano
             de
             Archubus
             London
             ,
             salutem
             .
             Sciatis
             quod
             cum
             
               Willielmus
               Snoke
            
             &
             
               Thomas
               Saxtingham
            
             ,
             Mercatores
             quandam
             navem
             vocatam
             
               le
               Gabriel
               de
               Sancta
               Ossica
            
             apud
             Burdegal
             ,
             in
             quodam
             loco
             vocato
             
               le
               Umbier
            
             .
             cum
             decem
             &
             septem
             doliis
             &
             una
             pipa
             vini
             caricassent
             ,
             &
             cum
             quodam
             
               Johanne
               Coppin
            
             marinario
             de
             Comitatu
             Essex
             ,
             Magistro
             navis
             praedictae
             conventionassent
             quod
             ipsa
             vina
             praedicta
             usque
             Gadenasse
             in
             partibus
             
               Essex
               '
            
             salvo
             duceret
             ,
             solvendo
             sibi
             pro
             quolibet
             dolio
             ,
             viginti
             solidos
             ,
             &
             pro
             una
             pipa
             decem
             solidos
             ,
             ut
             accepimus
             ,
             &
             licet
             idem
             Johannes
             conventionem
             suam
             bene
             &
             fideliter
             compleverit
             ,
             praedicti
             tamen
             Willielmus
             &
             Thomas
             in
             hâc
             parte
             debitè
             requisiti
             praefato
             Johanni
             in
             parte
             vel
             in
             toto
             juxta
             conventionem
             suam
             praedictam
             satisfacere
             non
             curarunt
             ,
             prout
             idem
             Johannes
             conqueritur
             ,
             super
             quo
             idem
             asserens
             se
             versus
             praedictos
             Willielmum
             &
             Thomam
             tam
             per
             Communem
             legem
             regni
             nostri
             Angliae
             quam
             in
             Curia
             Admiralli
             nostri
             versus
             partes
             Boreales
             diu
             sequutum
             fuisse
             &
             nullum
             remedium
             in
             hac
             parte
             habere
             potuisse
             ,
             dictos
             Willielmum
             &
             Thomam
             in
             Curia
             Constabularii
             &
             Marescalli
             Angliae
             ad
             respondendum
             sibi
             in
             causa
             praedicta
             summoneri
             &
             venire
             fecit
             ,
             ac
             quendam
             libellum
             super
             actionem
             praedictam
             in
             eadem
             Curia
             coram
             dilectis
             &
             fidelibus
             nostris
             
               Johanne
               Cheyne
            
             locum
             tenente
             Constabularii
             praedicti
             ,
             &
             
               Willielmo
               Faringdon
            
             locum
             tenente
             dicti
             Marescalli
             nostri
             versus
             praedictos
             Willielmum
             &
             Thomas
             adhibuit
             &
             proposuit
             ,
             idemque
             Johannes
             &
             Willielmus
             locum
             tenentes
             in
             causa
             praedicta
             ,
             minùs
             rite
             &
             indebitè
             procedentes
             ,
             ac
             judicialiter
             affirmantes
             &
             allegantes
             ipsos
             nullam
             jurisdictionem
             in
             hac
             parte
             habuisse
             praefatos
             
               Willielmum
               Snoke
            
             &
             Thomam
             à
             cura
             praedicta
             ,
             &
             de
             instantia
             praedicti
             
               Johannis
               Coppin
            
             sine
             causa
             rationabili
             quacunque
             dimiserunt
             &
             deliberaverunt
             ,
             &
             ipsum
             
               Johannem
               Coppin
            
             in
             quadam
             magna
             pecuniae
             summa
             argenti
             pro
             custibus
             ipsorum
             
               Willielmi
               Snokes
            
             &
             Thomae
             in
             hac
             casu
             coram
             eis
             in
             eadem
             Curia
             factis
             per
             sententiam
             suam
             seu
             judicium
             condemnârunt
             ,
             &
             dictos
             custus
             ad
             quandam
             summam
             nimis
             excessivam
             taxarunt
             &
             limitarunt
             ,
             de
             quibus
             quidem
             sententia
             judicio
             &
             condemnatione
             expensarum
             ,
             &
             de
             taxatione
             earundem
             &
             aliis
             gravaminibus
             praetensis
             praefato
             
               Johanni
               Copyn
            
             in
             hac
             parte
             illatis
             ,
             &
             per
             partem
             dicti
             Johannis
             ad
             nos
             &
             nostram
             audientiam
             legitimè
             appellatum
             sicut
             per
             instrumentum
             publicum
             super
             hoc
             confectum
             plenius
             apparet
             ,
             qui
             quidem
             Johannis
             
             appellationem
             suam
             praedictam
             incendit
             ut
             asserit
             prosequi
             cum
             effectu
             ,
             &
             nobis
             supplicaverit
             ut
             sibi
             super
             appellatione
             sua
             praedicta
             certos
             Judices
             sive
             Commissarios
             dare
             &
             assignare
             dignaremur
             ,
             nos
             supplicationi
             praedictae
             tanquam
             juri
             consonae
             annuentes
             ,
             vobis
             de
             quorum
             fidelitate
             &
             industria
             fiduciam
             gerimus
             specialem
             commitimus
             vices
             nostras
             ,
             &
             plenam
             tenore
             praesentium
             potestatem
             ac
             mandatum
             speciale
             ad
             audiendum
             ,
             cognoscendum
             ;
             &
             procedendum
             in
             causa
             ,
             sive
             causis
             appellationis
             hujus
             prout
             dictaverit
             ordo
             juris
             ,
             ipsamque
             &
             ipsas
             cum
             suis
             emergentibus
             ,
             dependentibus
             ,
             incidentibus
             ,
             &
             connexis
             quibuscunque
             secundum
             juris
             exigentiam
             discutiend
             .
             &
             debito
             fine
             terminand
             ,
             ac
             etiam
             ad
             testes
             quoscunque
             per
             utramque
             partium
             praedictarum
             in
             hujus
             causa
             appellationis
             ,
             coram
             vobis
             judicialiter
             producentes
             ,
             sine
             dolo
             ,
             vel
             fraude
             ,
             odio
             vel
             favore
             ,
             aut
             aliàs
             injustè
             subtraxerint
             veritati
             testimonium
             perhibere
             compellandum
             .
             Et
             mulctae
             alteriusque
             temporalis
             cohertionis
             cujuslibet
             potestate
             ;
             &
             ideo
             vobis
             mandamus
             quod
             vocatis
             coram
             vobis
             partibus
             praedictis
             &
             aliis
             quos
             in
             hac
             parte
             fore
             videretis
             evocand
             .
             auditisque
             in
             hujus
             causis
             appellationis
             earum
             rationibus
             &
             allegationibus
             circa
             praemissa
             diligenter
             intendatis
             &
             ea
             faciatis
             &
             exequamini
             prout
             justum
             fuerit
             &
             consonum
             rationi
             ;
             volumus
             etiam
             quod
             si
             aliquis
             vel
             aliqui
             verstrum
             inchoaverint
             vel
             inchoaverit
             procedere
             in
             praemissis
             ,
             ali●s
             vel
             alii
             vestrum
             libere
             procedere
             valeat
             sive
             valeant
             ,
             in
             eisdem
             licet
             inchoantes
             absentes
             inchoans
             absens
             fuerint
             vel
             fuerit
             etiam
             nullo
             impedimento
             legitimo
             impediti
             vel
             impeditus
             .
             In
             cujus
             ,
             &c.
             T.
             R.
             apud
             Westm
             .
             xiiii
             die
             Novembris
             .
          
           
             After
             this
             ,
             and
             after
             the
             making
             of
             the
             other
             Statute
             of
             the
             2d
             of
             Henry
             the
             fourth
             ,
             one
             
               Edmund
               Brookes
            
             ,
             Mariner
             ,
             brought
             his
             Action
             in
             the
             Admiralty
             Court
             before
             
               John
               Sturmister
            
             ,
             Lieutenant
             General
             of
             Edmund
             Earl
             of
             Kent
             ,
             Admiral
             of
             England
             ,
             against
             
               John
               Birkyrne
               ,
               Richard
               Honesse
               ,
               John
               Walls
               ,
            
             and
             
               William
               Burton
            
             of
             Kingston
             upon
             Hull
             ,
             Merchants
             ,
             Partners
             in
             a
             Maritime
             Cause
             of
             contracting
             and
             taking
             to
             freight
             of
             a
             certain
             Ship
             ,
             called
             the
             Laurence
             of
             Gyppelwich
             ,
             and
             the
             same
             was
             there
             proceeded
             in
             unto
             sentenc
             ,
             and
             sentence
             was
             given
             for
             the
             said
             
               Edmund
               Brookes
            
             against
             the
             said
             
               John
               Byrkyrne
            
             and
             Company
             ;
             from
             which
             sentence
             the
             said
             Byrkyrne
             and
             Company
             appealed
             unto
             the
             King
             in
             Chancery
             ,
             and
             there
             obtained
             a
             Commission
             of
             Appeal
             from
             thence
             directed
             unto
             
               John
               Kington
            
             and
             others
             ,
             who
             by
             virtue
             thereof
             proceeded
             in
             the
             said
             Cause
             unto
             sentence
             ,
             and
             thereby
             reversed
             the
             former
             sentence
             ,
             and
             condemned
             the
             said
             Brookes
             in
             expences
             ;
             from
             which
             said
             sentence
             the
             said
             Brookes
             again
             appealed
             unto
             the
             King
             in
             Chancery
             ,
             and
             obtained
             a
             Commission
             of
             Review
             directed
             unto
             the
             then
             Bishop
             of
             London
             ,
             and
             six
             Civilians
             ,
             to
             review
             ,
             discusse
             ,
             and
             hear
             the
             said
             Cause
             in
             due
             course
             of
             Law
             ,
             and
             to
             determine
             the
             same
             according
             thereunto
             .
          
           
           
             And
             this
             last
             Commission
             of
             Review
             was
             granted
             but
             eight
             years
             after
             the
             making
             of
             the
             said
             Statute
             of
             the
             2d
             of
             Henry
             the
             fourth
             ;
             and
             therefore
             the
             Cause
             must
             needs
             be
             instituted
             and
             begun
             in
             the
             first
             instance
             some
             years
             before
             ,
             nearer
             unto
             the
             time
             of
             the
             making
             of
             the
             said
             Statute
             ,
             the
             same
             having
             been
             proceeded
             in
             even
             unto
             seentences
             in
             two
             several
             instances
             before
             the
             granting
             of
             this
             Commission
             :
             all
             which
             appeareth
             by
             the
             Commission
             of
             Review
             it self
             ,
             which
             is
             upon
             Record
             in
             the
             Tower
             in
             these
             words
             following
             .
          
           
             Rex
             venerabili
             in
             Christo
             patri
             R.
             Episcopo
             London
             ,
             
             ac
             dilectis
             ,
             ac
             fidelibus
             suis
             
               Thomae
               Beauford
               ,
               Thomae
               Eppingham
            
             ,
             Magistro
             
               Thomae
               Field
               ,
               Roberto
               Thorley
               ,
               Willielmo
               Senenocks
               ,
            
             &
             
               Johanni
               Oxney
            
             ,
             salutem
             ,
             ex
             parte
             
               Edmundi
               Brookes
            
             marinarii
             nobis
             est
             ostensum
             ,
             quod
             licet
             Magister
             
               Johannes
               Sturmyster
            
             nuper
             locum
             tenens
             generalis
             Edmundi
             nuper
             Comitis
             Cantiae
             nuper
             Admiralli
             nostri
             Angliae
             in
             quadam
             causa
             maritima
             quae
             in
             Curia
             Admirallitatis
             occasione
             affectationis
             conductionis
             sive
             locationis
             cujusdem
             navis
             Laurence
             de
             Gippelwich
             coram
             praefato
             Johanne
             tunc
             Judice
             in
             ea
             parte
             competenti
             inter
             praefatum
             Edmundum
             partem
             actricem
             ex
             una
             parte
             &
             
               Johannem
               Birkyrne
               ,
               Richardum
               Hornesse
               ,
               Johannem
               Walas
            
             &
             
               Willielmum
               Burton
            
             socios
             ut
             dicitur
             in
             causa
             praedicta
             Mercatores
             de
             villa
             de
             Kingston
             super
             Hull
             partem
             ream
             ,
             ex
             altera
             vertebatur
             quandam
             sententiam
             pro
             parte
             dicti
             Edmundi
             contra
             partem
             praedictorum
             
               Johannis
               Birkyrne
            
             ,
             &c.
             rite
             &
             legitime
             tulerit
             definitivam
             ,
             pars
             tamen
             eorum
             
               Johannis
               Birkyrne
               ,
               Johannis
            
             ,
             &c.
             a
             sententia
             praedicta
             ad
             nos
             &
             nostram
             audientiam
             frivole
             appellavit
             ,
             quo
             praetextu
             quidem
             Magister
             
               Johannes
               Kingston
            
             &
             alii
             colore
             ejusdem
             commissionis
             nostrae
             eis
             ad
             cognoscend
             .
             &
             procedend
             .
             in
             dicta
             causa
             appellationis
             praetens
             .
             &
             negotio
             in
             ea
             parte
             principali
             praetens
             .
             directae
             perperam
             &
             illegitimè
             procedentes
             ac
             dicti
             parti
             appellanti
             plus
             debito
             faven
             ,
             dictam
             sententiam
             pro
             parte
             dicti
             Edmundi
             ut
             permittitur
             ,
             latam
             licet
             nullam
             habuerint
             jurisdictionem
             ,
             infirmarunt
             ,
             cassarunt
             ,
             irritarunt
             ,
             &
             adnullarunt
             ,
             ac
             ipsum
             Edmundum
             in
             expensis
             per
             partem
             dictorum
             
               Johannis
               Birkyrne
               ,
               Richardi
               ,
               Johannis
               ,
            
             &c.
             in
             praedicta
             praet●●●sa
             causa
             appellationis
             &
             negotio
             principali
             praetenso
             &
             eorum
             actione
             factis
             parti
             eorum
             solvendis
             per
             praetensam
             suam
             sententiam
             diffinitivam
             inique
             latam
             erroneam
             invalidam
             cominaverunt
             in
             omnibus
             minus
             juste
             in
             ipsius
             Edmundi
             dispendium
             non
             modicum
             &
             gravamen
             ,
             unde
             per
             partem
             praedicti
             Edmundi
             sentientis
             se
             ex
             praemissis
             sententiis
             &
             expensarum
             condemnatione
             indebite
             pergravari
             ab
             eisdem
             sententia
             &
             expensarum
             condemnatione
             ad
             nos
             &
             nostram
             audientiam
             est
             appellatum
             ,
             sicut
             per
             instrumentum
             publicum
             inde
             confectum
             est
             in
             cancellaria
             nostra
             ostensum
             ,
             plenius
             poterit
             apparere
             ,
             idem
             Edmundus
             nobis
             supplicavit
             ,
             ut
             in
             dicta
             causa
             appellationis
             suis
             procedere
             ,
             &
             
             sibi
             justitiam
             in
             hac
             parte
             facere
             digneremur
             .
             Nos
             supplicationi
             praedictae
             annuentes
             ,
             vobis
             ,
             &c.
             quorum
             alterum
             vestrum
             vos
             praefatum
             Episcopum
             &
             
               Thomam
               Field
               ,
               &c.
            
             
          
           
             I
             shall
             instance
             only
             in
             one
             more
             ,
             one
             
               Alan
               Wagtost
            
             sued
             
               Thomas
               Johnesson
            
             and
             
               Thomas
               Rafin
            
             for
             25
             l.
             for
             freight
             of
             the
             half
             of
             a
             Vessel
             called
             the
             Christopher
             of
             Boston
             ,
             as
             Master
             and
             Owner
             of
             half
             of
             the
             said
             Vessel
             :
             and
             the
             said
             Cause
             was
             proceeded
             in
             before
             
               Henry
               Bole
            
             ,
             Lieutenant-General
             of
             the
             Admiralty
             Court
             ,
             which
             Cause
             was
             from
             him
             appealed
             unto
             the
             King
             in
             Chancery
             ,
             and
             a
             Commission
             in
             the
             eleaventh
             year
             of
             Henry
             the
             fourth
             ,
             being
             but
             nine
             years
             after
             the
             making
             the
             said
             Statute
             ,
             and
             the
             Cause
             in
             the
             first
             instance
             must
             needs
             have
             been
             begun
             some
             good
             space
             of
             time
             before
             that
             .
             The
             Commission
             of
             Appeal
             runneth
             thus
             .
          
           
             Rex
             dilectis
             &
             fidelibus
             suis
             
               Richardo
               Rochefort
            
             Chivaler
             '
             ,
             
             Magistro
             
               Henrico
               Ware
            
             ,
             Magistro
             
               Richardo
               Brinkley
            
             ,
             &
             Magistro
             
               Thomae
               Field
            
             ,
             salutem
             .
             Sciatis
             quod
             ●um
             ut
             accepimus
             〈◊〉
             in
             quadam
             causa
             maritima
             pecuniaria
             viginti
             &
             quinque
             librarum
             prae●●●●●ffrectamenti
             medietatis
             cujusdam
             navis
             vocat
             '
             
               la
               Christophre
               de
               Boston
            
             ad
             
               Alanum
               Wagtoft
            
             de
             villa
             
               Sancti
               Bothoni
            
             ut
             ad
             dom
             .
             &
             possessorem
             ejusdem
             medietatis
             ,
             aliis
             pertinen
             .
             partem
             actricem
             &
             prosequentem
             ex
             parte
             una
             ,
             &
             
               Thomam
               Jonesson
            
             &
             
               Thomam
               Rafin
            
             de
             villa
             praedicta
             partem
             ream
             defendentem
             ex
             parte
             altera
             ,
             quae
             coram
             
               Henrico
               Bole
            
             locum
             tenen
             .
             general
             .
             curiae
             Admirallitatis
             Angliae
             ,
             &c.
             
          
           
             Now
             for
             the
             three
             Records
             instanced
             in
             by
             Sir
             
               Edward
               Coke
            
             ,
             and
             brought
             out
             of
             the
             Courts
             of
             the
             Common
             Law
             ,
             against
             the
             Admirals
             Jurisdiction
             upon
             the
             Ports
             and
             Havens
             ,
             and
             in
             matters
             of
             contracts
             upon
             businesses
             to
             be
             agitated
             at
             sea
             ,
             I
             have
             shewed
             four
             out
             of
             the
             Chancery
             which
             was
             then
             (
             as
             by
             his
             own
             setting
             forth
             appeareth
             )
             the
             only
             Court
             enabled
             to
             grant
             Prohibitions
             in
             case
             the
             Admiral
             medled
             with
             causes
             belonging
             unto
             the
             Common
             Law
             :
             for
             thus
             he
             saith
             .
          
           
             Sundry
             Towns
             of
             the
             West
             part
             praying
             remedy
             against
             the
             Officers
             of
             the
             Admiralty
             ,
             
             for
             holding
             plea
             of
             matters
             determinable
             by
             the
             Common
             Law
             ,
             which
             they
             pray
             may
             be
             revoked
             ,
             the
             Kings
             Answer
             was
             .
          
           
             The
             Chancellor
             by
             the
             advice
             of
             the
             Justices
             upon
             hearing
             of
             the
             matter
             ,
             shall
             remit
             the
             matter
             to
             the
             Common
             Law
             ,
             and
             grant
             a
             Prohibition
             .
          
           
             And
             as
             these
             Records
             are
             of
             farre
             greater
             antiquity
             then
             those
             by
             him
             instanced
             in
             ,
             so
             are
             they
             farre
             more
             contemporary
             with
             the
             said
             Statutes
             ;
             and
             therefore
             ,
             by
             his
             own
             rule
             ,
             of
             farre
             greater
             authority
             .
          
           
           
             Besides
             ,
             these
             three
             Records
             by
             him
             instanced
             in
             ,
             do
             but
             
               de
               facto
            
             set
             forth
             what
             was
             done
             ,
             and
             that
             but
             as
             those
             three
             several
             times
             in
             those
             Courts
             ,
             
               sed
               quo
               jure
               ,
               non
               arguitur
               .
            
             But
             it
             may
             be
             very
             well
             apprehended
             ,
             that
             in
             27
             years
             after
             the
             making
             of
             the
             last
             of
             those
             Statutes
             ,
             and
             37
             after
             the
             making
             of
             the
             first
             of
             them
             ,
             the
             Petitions
             upon
             which
             those
             Statutes
             were
             grounded
             ,
             and
             from
             whence
             they
             must
             receive
             a
             right
             construction
             ,
             began
             to
             be
             forgotten
             ;
             but
             after
             the
             same
             were
             revived
             and
             brought
             again
             into
             remembrance
             ,
             and
             Admiralty
             Court
             had
             no
             more
             such
             interruptions
             ,
             but
             proceeded
             as
             before
             untill
             the
             times
             of
             those
             Actions
             wherein
             he
             instanceth
             which
             were
             brought
             in
             farre
             later
             times
             then
             the
             former
             ,
             when
             the
             said
             Petitions
             ,
             whereunto
             the
             Answers
             have
             ,
             or
             ought
             to
             have
             reference
             ,
             were
             (
             as
             it
             were
             )
             again
             quite
             out
             of
             remembrance
             :
             For
             if
             from
             the
             time
             of
             the
             making
             of
             those
             Statutes
             ,
             untill
             the
             time
             of
             the
             last
             of
             the
             Judgments
             instanced
             in
             ,
             all
             the
             particular
             Actions
             that
             have
             been
             brought
             ,
             and
             ●●●tences
             that
             have
             been
             given
             in
             the
             Admiralty
             for
             things
             done
             upon
             the
             Ports
             and
             Havens
             (
             against
             the
             cognizance
             of
             which
             causes
             one
             of
             these
             Judgements
             is
             brought
             )
             and
             all
             the
             Actions
             brought
             ,
             and
             Sentences
             that
             have
             been
             there
             given
             upon
             Contracts
             made
             at
             land
             for
             businesses
             to
             be
             agitated
             at
             sea
             ,
             against
             which
             the
             other
             two
             Judgments
             are
             brought
             ,
             should
             be
             set
             forth
             ,
             I
             might
             boldly
             say
             there
             would
             be
             many
             hundreds
             for
             one
             ;
             and
             I
             might
             very
             well
             ,
             and
             very
             justly
             cite
             divers
             of
             those
             Records
             out
             of
             the
             Registry
             of
             the
             Admiralty
             for
             the
             Jurisdiction
             of
             that
             Court
             in
             matters
             of
             this
             nature
             ,
             which
             I
             doubt
             not
             but
             ought
             to
             be
             as
             good
             proof
             for
             the
             Jurisdiction
             of
             that
             Court
             whereunto
             they
             do
             belong
             ,
             as
             those
             few
             Records
             pickt
             up
             out
             of
             the
             Registry
             of
             the
             Common
             Law
             Courts
             ought
             to
             make
             for
             that
             Jurisdiction
             whereunto
             they
             belong
             ;
             nay
             by
             those
             Records
             of
             the
             Admiralty
             ,
             and
             the
             constant
             ,
             the
             continued
             ,
             and
             the
             general
             practice
             and
             usage
             of
             taking
             cognizance
             of
             Causes
             of
             this
             nature
             ,
             
             it
             plainly
             appeareth
             that
             the
             Jurisdiction
             thereof
             anciently
             did
             ,
             and
             still
             doth
             belong
             unto
             that
             Court
             ;
             for
             in
             land
             businesses
             whose
             land
             or
             soil
             shall
             we
             judge
             that
             to
             be
             ,
             but
             his
             who
             hath
             generally
             ,
             continuedly
             ,
             and
             constantly
             reapt
             the
             Crop
             ,
             and
             not
             his
             who
             hath
             at
             some
             times
             come
             by
             and
             taken
             up
             a
             a
             Shock
             or
             two
             ,
             and
             so
             done
             as
             much
             as
             he
             which
             reapt
             where
             he
             never
             sowed
             ?
             which
             he
             must
             needs
             do
             which
             is
             neither
             verst
             nor
             skilled
             in
             
               jure
               scripto
            
             ,
             in
             that
             Law
             which
             is
             positively
             set
             down
             for
             that
             purpose
             ,
             but
             shall
             judge
             thereof
             at
             randam
             ,
             and
             will
             so
             do
             because
             others
             have
             done
             so
             before
             him
             ;
             nor
             under
             correction
             
             can
             it
             be
             held
             to
             be
             any
             good
             rule
             of
             Justice
             to
             judge
             by
             president
             ;
             for
             if
             one
             man
             ,
             or
             more
             ,
             have
             judged
             unjustly
             ,
             and
             not
             according
             to
             law
             ,
             I
             would
             not
             have
             it
             said
             ,
             that
             he
             which
             knoweth
             the
             law
             ,
             is
             notwithstanding
             bound
             to
             judge
             as
             the
             other
             did
             ,
             because
             he
             hath
             a
             president
             for
             it
             .
             But
             I
             shall
             pass
             them
             presidents
             over
             ,
             and
             as
             I
             have
             in
             the
             second
             book
             of
             this
             Treatise
             shewed
             you
             ,
             that
             even
             by
             Records
             out
             of
             the
             Chancery
             and
             Common
             Law
             ,
             things
             done
             upon
             Ports
             and
             Havens
             are
             cognizable
             in
             the
             Admiralty
             Court
             ,
             so
             I
             shall
             here
             shew
             that
             by
             Records
             of
             the
             same
             Courts
             the
             Admiralty
             hath
             cognizance
             of
             Contracts
             made
             at
             land
             of
             and
             concerning
             Maritime
             affairs
             and
             businesses
             agitated
             ,
             or
             to
             be
             agitated
             at
             sea
             .
          
        
         
           
             CHAP.
             VIII
             .
          
           
             That
             by
             other
             Records
             out
             of
             the
             Chancery
             ,
             Contracts
             made
             at
             Land
             concerning
             Maritime
             affairs
             are
             cognoscible
             in
             the
             Admiralty
             Court.
             
          
           
             ONe
             
               Lodowick
               Sutton
            
             sued
             
               John
               Pettite
            
             of
             Abville
             in
             Picardy
             ,
             Merchant
             ,
             
               Andrew
               Lord
            
             ,
             and
             
               Daniel
               Lancel
            
             ,
             in
             the
             Admiralty
             Court
             ,
             upon
             several
             Maritime
             Contracts
             made
             between
             them
             in
             the
             City
             of
             London
             ,
             the
             said
             
               Pettite
               ,
               Lord
            
             ,
             and
             Lancel
             upon
             their
             complaint
             made
             in
             Chancery
             ,
             that
             they
             were
             sued
             in
             the
             Admiralty
             Court
             upon
             several
             Contracts
             and
             Agreements
             made
             between
             them
             upon
             ordinary
             trading
             and
             bargaining
             within
             the
             City
             of
             London
             ,
             obtained
             a
             Supersedeas
             grounded
             upon
             the
             before
             mentioned
             Statutes
             ,
             to
             stay
             the
             proceedings
             there
             ;
             but
             upon
             further
             complaint
             of
             Sutton
             made
             unto
             the
             said
             Court
             ,
             and
             upon
             shewing
             that
             the
             said
             Contracts
             ,
             though
             there
             made
             ,
             were
             maritime
             and
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             a
             Writ
             
               de
               procedendo
            
             was
             awarded
             ,
             commanding
             that
             the
             said
             Admiralty
             should
             proceed
             in
             the
             said
             Cause
             according
             to
             law
             ,
             and
             the
             custome
             of
             the
             said
             Admiralty
             Court
             ,
             and
             to
             do
             justice
             between
             the
             said
             parties
             ,
             notwithstanding
             the
             said
             Supersedeas
             .
             The
             Writ
             
               de
               procedendo
            
             runneth
             thus
             .
          
           
             
               
                 
                   
                     Henricus
                     ostavus
                     dei
                     gratiâ
                     Angliae
                     &
                     Franciae
                     Rex
                     ,
                     fidei
                     defensor
                     ,
                     Dominus
                     Hiberniae
                     ,
                     &
                     in
                     terra
                     supremum
                     caput
                     Anglicanae
                     Ecclesiae
                     ,
                     clarissimo
                     consanguineo
                     suo
                     Willielmo
                     Com.
                     Southampton
                     Admirallo
                     suo
                     Angliae
                     ,
                     sive
                     ejus
                     locum
                     tenenti
                     vel
                     deputato
                     salutem
                     .
                     Cum
                     nuper
                     ex
                     quodam
                     
                     relatu
                     
                       Johannis
                       Petite
                    
                     de
                     Abvile
                     in
                     
                       Picardiâ
                       ,
                       Andreae
                       Lord
                    
                     ,
                     &
                     
                       Daniel
                       Lancel
                    
                     intellexerimus
                     quod
                     vos
                     praefatos
                     
                       Johannem
                       ,
                       Andream
                    
                     &
                     Danielem
                     coram
                     vobis
                     in
                     Curiâ
                     Admiralitatis
                     nostrae
                     de
                     diversis
                     contractibus
                     ,
                     &
                     aliis
                     conventionibus
                     infra
                     Civitatem
                     nostram
                     London
                     ,
                     &
                     non
                     super
                     altum
                     mare
                     fact
                     '
                     &
                     emergen
                     .
                     in
                     placitum
                     ad
                     sectam
                     
                       Lodowici
                       Sutton
                    
                     contra
                     formam
                     diversorum
                     statutorum
                     inde
                     in
                     contrarium
                     factorum
                     ,
                     &
                     provisorum
                     traxistis
                     :
                     nos
                     igitur
                     statuta
                     praedicta
                     observari
                     ,
                     &
                     praefatos
                     ,
                     
                       Johannem
                       ,
                       Andream
                    
                     &
                     Danielem
                     contra
                     formam
                     eorundem
                     statutorum
                     nullo
                     modo
                     placitari
                     seu
                     inquietari
                     volentes
                     per
                     breve
                     nostrum
                     vobis
                     nuper
                     mandaverimus
                     quod
                     vos
                     praefatos
                     
                       Johannem
                       ,
                       Andream
                    
                     ,
                     &
                     Danielem
                     coram
                     vobis
                     in
                     Curiâ
                     Admirallitatis
                     nostrae
                     praedictae
                     ,
                     occasione
                     in
                     placitum
                     non
                     traheretis
                     ,
                     sed
                     quod
                     vos
                     placito
                     illo
                     coram
                     vobis
                     in
                     Curia
                     praedicta
                     ulterius
                     tenend
                     .
                     omnino
                     supersederetis
                     ,
                     &
                     ipsos
                     
                       Johannem
                       ,
                       Andream
                    
                     &
                     Danielem
                     contra
                     formam
                     statutorum
                     praedictorum
                     non
                     molestaretis
                     in
                     aliquo
                     seu
                     graveretis
                     ,
                     quibusdam
                     tamen
                     certis
                     de
                     causis
                     nos
                     moventibus
                     ,
                     &
                     specialiter
                     pro
                     eo
                     quod
                     ex
                     parte
                     praedicti
                     Lodowici
                     nobis
                     graviter
                     conquerendo
                     est
                     monstratum
                     quod
                     contractus
                     &
                     conventiones
                     praedicti
                     inter
                     ipsum
                     Lodowicum
                     &
                     praefatos
                     
                       Johannem
                       Andream
                    
                     &
                     Danielem
                     habiti
                     &
                     conventi
                     infra
                     jurisdictionem
                     curiae
                     Admirallitatis
                     facti
                     &
                     contracti
                     ,
                     &
                     quod
                     praedicti
                     
                       Johannes
                       ,
                       Andreas
                    
                     &
                     Daniel
                     pro
                     contractibus
                     &
                     conventionibus
                     praedictis
                     in
                     placitum
                     praedictum
                     contra
                     formam
                     statutorum
                     praedictorum
                     in
                     Curia
                     praedicta
                     minimè
                     tractari
                     extitissent
                     .
                     Et
                     ideo
                     vobis
                     mandamus
                     quod
                     in
                     placito
                     illo
                     secundem
                     legem
                     &
                     consuetudinem
                     Curiae
                     Admirallitatis
                     nostrae
                     praedictae
                     procedatis
                     ,
                     &
                     partibus
                     praedictis
                     justitiae
                     complementum
                     in
                     hac
                     parte
                     haberi
                     fac
                     '
                     dicto
                     brevi
                     nostro
                     vobis
                     prius
                     indè
                     in
                     contrarium
                     directo
                     in
                     aliquo
                     non
                     obstan
                  
                   
                     
                       T.
                       meipso
                       apud
                       Westm
                       .
                       
                         xiv
                         die
                         Novembris
                         ,
                         Anno
                         regni
                         nostri
                         vicesimo
                         nono
                         .
                      
                    
                     
                       Horpole
                       .
                    
                  
                
              
            
          
           
             In
             the
             same
             year
             one
             
               Lodowick
               Davy
            
             sued
             
               John
               Turner
            
             in
             like
             manner
             upon
             several
             Maritime
             Contracts
             and
             Agreements
             made
             between
             them
             in
             the
             City
             of
             London
             ;
             
             likewise
             ,
             and
             upon
             the
             said
             Turners
             like
             complaint
             in
             the
             Chancery
             a
             Supersedeas
             was
             awarded
             ,
             which
             in
             the
             same
             manner
             ,
             and
             upon
             the
             same
             ground
             ,
             was
             dissolved
             by
             a
             Writ
             
               de
               procedendo
            
             ;
             the
             Writ
             
               de
               procedendo
            
             is
             the
             same
             with
             the
             other
             ,
             saving
             that
             they
             differ
             in
             the
             date
             and
             names
             ,
             &c.
             
             I
             shall
             therefore
             spare
             the
             setting
             of
             it
             down
             .
          
           
             In
             the
             31
             year
             of
             Henry
             the
             Eighth
             ,
             
               Myles
               Middleton
               ,
               Ralph
               Hall
            
             ,
             and
             
               Henry
               Dyconson
            
             ,
             Merchants
             of
             the
             City
             of
             York
             ,
             being
             sued
             before
             Robert
             Bishop
             of
             Landaffe
             ,
             and
             others
             the
             Kings
             Commissioners
             for
             his
             Northern
             parts
             ,
             upon
             Maritime
             businesses
             and
             contracts
             ,
             the
             said
             
               Middleton
               ,
               Hall
            
             ,
             and
             Dyconson
             complained
             in
             Chancery
             ;
             
             and
             a
             Supersedeas
             was
             in
             the
             Kings
             name
             awarded
             out
             of
             the
             Chancery
             ,
             directed
             unto
             the
             said
             Bishop
             ,
             and
             the
             rest
             of
             the
             Kings
             Commissioners
             ,
             straitly
             charging
             and
             commanding
             them
             altogether
             ,
             and
             without
             delay
             ,
             to
             forbear
             all
             examination
             and
             cognizance
             in
             any
             Civil
             Causes
             ,
             or
             Maritime
             Affairs
             ,
             of
             or
             upon
             whatsoever
             Contracts
             ,
             Pleas
             ,
             or
             Complaints
             between
             Merchants
             ,
             Masters
             ,
             and
             Owners
             of
             Ships
             ,
             and
             others
             whatsover
             ,
             with
             the
             said
             Merchants
             ,
             Masters
             ,
             or
             Proprietors
             ,
             for
             any
             thing
             by
             sea
             or
             water
             in
             any
             manner
             whatsoever
             to
             be
             expedited
             or
             contracted
             ,
             taking
             their
             rise
             or
             original
             either
             in
             the
             parts
             beyond
             the
             Seas
             ,
             or
             upon
             the
             high
             Seas
             ,
             or
             any
             where
             else
             where
             his
             high
             Admiral
             had
             jurisdiction
             ,
             whether
             by
             passage
             or
             voyage
             at
             sea
             ,
             or
             whatsoever
             way
             appertaining
             unto
             ,
             or
             howsoever
             touching
             or
             concerning
             Maritime
             affairs
             against
             the
             said
             
               Miles
               Middleton
               ,
               Ralph
               Hall
            
             ,
             and
             
               Henry
               Dyconson
            
             ,
             by
             whomsoever
             before
             them
             or
             any
             of
             them
             moved
             ,
             or
             howsoever
             to
             be
             moved
             ,
             or
             attempted
             ,
             remitting
             the
             parties
             (
             if
             they
             would
             sue
             )
             unto
             his
             Court
             of
             Amiralty
             of
             England
             for
             justice
             to
             be
             to
             there
             administred
             according
             to
             the
             Maritime
             Laws
             .
          
           
             The
             Supersedeas
             it self
             runneth
             in
             these
             words
             .
          
           
             
               
                 
                   
                     
                       Rex
                       ,
                       
                       &c.
                       
                    
                     
                       Reverendo
                       in
                       Christo
                       patri
                       
                         Roberto
                         Landavensi
                      
                       Episcopo
                       ,
                       ac
                       aliis
                       Commissionariis
                       nostris
                       in
                       partibus
                       nostris
                       Borealibus
                       ,
                       &
                       eorum
                       cuilibet
                       ,
                       salutem
                       .
                    
                  
                   
                     Vobis
                     &
                     cuilibet
                     vestrum
                     stricte
                     praecipimus
                     &
                     mandamus
                     ,
                     quatenus
                     ab
                     omni
                     examinatione
                     &
                     cognitione
                     in
                     aliquibus
                     causis
                     Civilibus
                     ,
                     seu
                     negotiis
                     maritimis
                     de
                     &
                     super
                     quibuscunque
                     contractibus
                     placitis
                     vel
                     querelis
                     inter
                     Mercatores
                     ac
                     Dominos
                     &
                     Proprietarios
                     navium
                     ,
                     aut
                     alios
                     quoscunque
                     cum
                     iisdem
                     Mercatoribus
                     ,
                     Dominis
                     ,
                     seu
                     Proprietariis
                     pro
                     aliquo
                     per
                     mare
                     vel
                     aquam
                     qualitercunque
                     expediendum
                     contractis
                     sive
                     in
                     partibus
                     ultramarinis
                     ,
                     vel
                     super
                     altum
                     mare
                     ,
                     aut
                     alibi
                     ,
                     ubi
                     magnus
                     Admirallus
                     noster
                     habet
                     jurisdictionem
                     originem
                     trahentibus
                     ,
                     
                       fething
                       their
                       original
                       ,
                       or
                       arising
                       from
                       any
                       other
                       place
                       where
                       the
                       Admiral
                       hath
                       jurisdiction
                       ,
                    
                     seu
                     maris
                     per
                     transitum
                     ,
                     sive
                     voiagium
                     aut
                     negotia
                     maritima
                     quoquo
                     modo
                     respicientibus
                     ,
                     vel
                     qualitercunque
                     tangentibus
                     ,
                     aut
                     concernentibus
                     versus
                     
                       Milonem
                       Middleton
                       ,
                       Radulphum
                       Hall
                    
                     ,
                     &
                     
                       Henricum
                       Dyconson
                    
                     Civitatis
                     nostrae
                     ,
                     Eboric
                     .
                     Mercatores
                     ,
                     per
                     quoscunque
                     vel
                     qualitercunque
                     coram
                     vobis
                     seu
                     vestrum
                     aliquo
                     motis
                     ,
                     aut
                     quovismodo
                     movendis
                     ,
                     sive
                     attemptandis
                     ,
                     omnino
                     &
                     indilate
                     supers
                     '
                     ,
                     partes
                     si
                     litigare
                     voluerint
                     ad
                     Curiam
                     nostram
                     Admirallitatis
                     nostrae
                     Angliae
                     pro
                     justitia
                     eis
                     ibidem
                     juxta
                     leges
                     nostras
                     maritimas
                     ministranda
                     remittentes
                     .
                  
                   
                     
                       T.
                       meipso
                       apud
                       Westm
                       .
                       
                         tertio
                         die
                         Februarii
                         Anno
                         nostri
                         tricesimo
                         primo
                         .
                      
                    
                  
                
              
            
          
           
             Afterwards
             in
             the
             same
             year
             ,
             in
             the
             same
             Kings
             Reign
             ,
             the
             said
             Bishop
             ,
             and
             the
             rest
             of
             the
             said
             Kings
             Commissioners
             being
             
             thus
             forbidden
             to
             meddle
             with
             matters
             of
             this
             nature
             ,
             one
             
               John
               Bates
            
             a
             Merchant
             was
             sued
             before
             the
             Major
             and
             Sheriffs
             of
             the
             City
             of
             York
             for
             selling
             and
             delivering
             xlii
             .
             Fowder
             of
             Lead
             at
             the
             City
             of
             Bourdeanx
             ,
             in
             the
             parts
             beyond
             the
             seas
             ,
             and
             complaint
             being
             by
             him
             made
             in
             the
             Chancery
             ,
             a
             Supersedeas
             was
             awarded
             in
             the
             Kings
             name
             unto
             the
             Major
             and
             Sheriffs
             of
             his
             City
             of
             York
             ,
             charging
             them
             likewise
             that
             they
             should
             altogether
             ,
             and
             without
             delay
             forbear
             all
             manner
             of
             cognizance
             in
             Civil
             and
             Maritime
             causes
             ,
             contracted
             in
             the
             parts
             beyond
             the
             seas
             ,
             upon
             the
             high
             Sea
             ,
             or
             in
             any
             place
             where
             his
             Admiral
             of
             England
             had
             jurisdiction
             ,
             or
             from
             thence
             proceeding
             against
             the
             said
             
               John
               Bates
            
             ,
             by
             what
             names
             soever
             called
             ,
             by
             whomsoever
             ,
             or
             in
             what
             manner
             soever
             begun
             ,
             or
             to
             begun
             for
             the
             selling
             and
             delivering
             of
             the
             said
             xlii
             Fowders
             of
             lead
             as
             aforesaid
             ,
             in
             like
             manner
             as
             before
             ,
             remitting
             the
             parties
             (
             if
             they
             would
             sue
             )
             to
             the
             Court
             of
             the
             Admiralty
             of
             England
             for
             justice
             to
             be
             to
             them
             there
             administred
             in
             that
             behalf
             .
          
           
             The
             words
             of
             the
             Supersedeas
             are
             these
             .
          
           
             Rex
             &c.
             
             Majori
             &
             Vicecomitibus
             Civitatis
             nostrae
             Ebor.
             salutem
             ,
             Vobis
             &
             cuilibet
             vestrum
             praecipimus
             ,
             quatenus
             ab
             omni
             cognitione
             in
             causis
             civilibus
             &
             maritimis
             in
             partibus
             ultramarimis
             vel
             super
             alto
             mari
             ,
             aut
             alibi
             ,
             ubi
             magnus
             Admirallus
             noster
             Angliae
             habet
             jurisdictionem
             ,
             contractus
             &
             originem
             contrahentibus
             versus
             
               Johannem
               Bates
            
             Mercatorem
             ,
             cujuscunque
             nomine
             censeatur
             pro
             xlii
             le
             fowders
             plumbi
             in
             partibus
             ultra
             marinis
             apud
             Civitatem
             BurdugaliaeVenditioni
             expositis
             &
             deliberatis
             per
             quoscunque
             vel
             qualitercunque
             motis
             seu
             movendis
             omnino
             &
             indilate
             supersedeatis
             ,
             partes
             si
             litigare
             voluerint
             ad
             Curiam
             Admiralitatis
             nostrae
             Angliae
             pro
             justitiâ
             iis
             ibidem
             in
             hac
             parte
             ministranda
             remittentes
             .
             Teste
             meipso
             apud
             Westm
             .
             decimo
             quarto
             die
             Aprilis
             ,
             Anno
             Regni
             nostri
             trice
             simo
             primo
             .
          
           
             Now
             I
             shall
             here
             by
             the
             way
             observe
             unto
             you
             this
             thing
             in
             particular
             out
             of
             this
             last
             Suprrsedeas
             ,
             and
             out
             of
             these
             words
             ,
             
               apud
               Civitatem
            
             Burdugaliae
             ,
             
               venditioni
               expositis
            
             ,
             That
             though
             by
             the
             course
             of
             the
             Common
             Law
             ,
             if
             a
             man
             do
             deliver
             certain
             Goods
             unto
             another
             man
             ,
             and
             doth
             intrust
             him
             with
             the
             keeping
             of
             them
             ,
             for
             his
             the
             Owners
             use
             ,
             or
             to
             be
             by
             him
             disposed
             of
             in
             one
             manner
             ,
             and
             he
             either
             selleth
             them
             ,
             or
             disposeth
             of
             them
             in
             another
             (
             I
             do
             conceive
             )
             he
             that
             so
             intrusted
             the
             other
             ,
             may
             recover
             of
             him
             such
             damage
             as
             he
             hath
             sustained
             by
             such
             the
             others
             sale
             ,
             or
             disposal
             .
             Yet
             if
             a
             Merchant
             doth
             intrust
             a
             Master
             of
             a
             Ship
             with
             his
             Wares
             or
             Merchandizes
             to
             be
             transported
             to
             any
             Port
             or
             place
             beyond
             the
             Seas
             ,
             for
             his
             own
             use
             ,
             or
             for
             the
             use
             of
             any
             other
             particular
             man
             ,
             to
             whom
             the
             same
             are
             by
             him
             consigned
             ,
             
             or
             doth
             intrust
             him
             to
             dispose
             of
             them
             in
             any
             particular
             manner
             whatsoever
             ;
             yet
             he
             may
             in
             many
             cases
             upon
             certain
             exigencies
             happening
             sometimes
             sell
             the
             same
             ,
             sometimes
             he
             may
             dispose
             of
             them
             otherwise
             then
             he
             was
             appointed
             by
             the
             Merchant
             or
             Owner
             of
             them
             ,
             and
             no
             damage
             shall
             be
             by
             the
             course
             of
             the
             Civil
             and
             Maritime
             Laws
             recovered
             of
             him
             ;
             and
             herein
             those
             Laws
             have
             very
             many
             nice
             and
             curious
             distinctions
             :
             and
             for
             this
             Cause
             ,
             when
             the
             Merchant
             very
             well
             knoweth
             that
             in
             such
             causes
             he
             cannot
             in
             the
             Admiralty
             Court
             recover
             any
             damages
             at
             all
             ,
             he
             presently
             flyeth
             to
             the
             Common
             Law
             ,
             where
             he
             knoweth
             he
             shall
             recover
             damage
             against
             the
             Master
             ,
             who
             was
             in
             no
             fault
             at
             all
             ;
             in
             such
             manner
             as
             mutinous
             and
             disobedient
             Mariners
             (
             who
             have
             either
             through
             their
             misdemeanors
             by
             the
             Civil
             and
             Maritime
             Laws
             ,
             forfeited
             their
             wages
             ,
             or
             some
             part
             thereof
             ,
             or
             having
             received
             due
             correction
             from
             the
             Master
             at
             sea
             )
             do
             fly
             to
             the
             Common
             Law
             ,
             either
             for
             recovery
             of
             their
             wages
             upon
             their
             Contract
             ,
             which
             they
             have
             no
             wayes
             deserved
             ,
             or
             do
             there
             bring
             their
             Actions
             of
             Battery
             against
             the
             Master
             ,
             when
             as
             he
             hath
             only
             given
             them
             such
             due
             correction
             ,
             as
             the
             Civil
             and
             Maritime
             Laws
             do
             allow
             ,
             that
             being
             a
             thing
             done
             at
             sea
             ,
             where
             complaint
             cannot
             be
             presently
             made
             ,
             or
             remedy
             had
             before
             a
             Magistrate
             ,
             (
             as
             may
             be
             at
             land
             )
             and
             therefore
             the
             like
             at
             land
             not
             to
             be
             allowed
             ,
             in
             both
             which
             cases
             they
             oftentimes
             recover
             ,
             and
             are
             gone
             on
             another
             voyage
             before
             the
             Master
             can
             make
             proof
             of
             their
             misdemeanour
             done
             either
             beyond
             or
             upon
             the
             seas
             ,
             which
             cannot
             oftentimes
             be
             possibly
             done
             ,
             but
             by
             Commission
             out
             of
             the
             Admiralty
             Court
             ,
             which
             turneth
             exceeding
             much
             to
             the
             disheartning
             and
             discouraging
             of
             Masters
             and
             Commanders
             of
             Ships
             ,
             which
             if
             not
             remedied
             ,
             will
             be
             the
             utter
             destruction
             of
             Navigation
             .
          
           
             And
             another
             thing
             I
             shall
             observe
             in
             general
             from
             both
             the
             two
             preceding
             Supersedeas's
             ,
             That
             all
             Contracts
             of
             and
             concerning
             Maritime
             affairs
             made
             between
             Merchant
             and
             Merchant
             ,
             Masters
             and
             Owners
             of
             Ships
             and
             Mariners
             ,
             or
             between
             them
             or
             any
             other
             person
             whatsoever
             ,
             and
             in
             what
             manner
             soever
             ,
             to
             be
             agitated
             or
             performed
             by
             sea
             ,
             upon
             the
             seas
             ,
             beyond
             the
             seas
             ,
             or
             elsewhere
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             or
             taking
             their
             rise
             or
             original
             from
             thence
             ,
             or
             do
             in
             any
             manner
             of
             wise
             touch
             ,
             or
             concern
             the
             same
             ,
             were
             not
             permitted
             in
             those
             times
             to
             be
             examined
             or
             adjudged
             in
             any
             Court
             but
             the
             Admiralty
             .
          
           
             And
             these
             Supersedeas's
             in
             my
             judgment
             are
             a
             full
             confirmation
             of
             the
             Exposition
             I
             have
             before
             rendered
             of
             the
             two
             before
             going
             
             Statutes
             ,
             viz.
             that
             Contracts
             of
             this
             nature
             ,
             though
             made
             at
             land
             ,
             which
             do
             
               maris
               per
               transitum
               ,
               sive
               viagium
               ,
               aut
               negotia
               maritima
               quoquo
               modo
               respicere
               vel
               qualitercunque
               tangere
               &
               concernere
               ,
            
             and
             so
             do
             arise
             from
             things
             done
             ,
             or
             to
             be
             done
             at
             sea
             ,
             and
             not
             from
             things
             done
             ,
             or
             to
             be
             done
             within
             the
             body
             of
             a
             County
             ,
             do
             
               de
               jure
            
             belong
             unto
             the
             Cognizance
             of
             the
             Admiralty
             ,
             and
             are
             in
             no
             wise
             by
             the
             said
             two
             Statutes
             taken
             from
             the
             same
             ,
             and
             if
             by
             them
             not
             taken
             from
             thence
             ,
             then
             doth
             not
             the
             penalty
             of
             the
             other
             praementioned
             Statute
             of
             Henry
             the
             fourth
             ,
             run
             upon
             those
             that
             do
             sue
             in
             the
             Admiralty
             Court
             in
             causes
             of
             this
             nature
             ,
             but
             only
             upon
             such
             as
             shall
             there
             sue
             upon
             Contracts
             made
             at
             land
             ,
             of
             or
             concerning
             things
             done
             or
             to
             be
             done
             ,
             or
             performed
             at
             land
             ;
             and
             hereof
             you
             shall
             have
             further
             confirmation
             by
             Consulations
             granted
             at
             the
             Common
             Law
             upon
             Prohibitions
             from
             thence
             upon
             false
             suggestions
             issued
             .
          
        
         
           
             CHAP.
             IX
             .
          
           
             That
             by
             Consultations
             granted
             from
             the
             Courts
             of
             Common-Law
             at
             Westminster
             after
             Prohibitions
             formerly
             from
             thence
             obtained
             ,
             Contracts
             made
             at
             land
             of
             and
             concerning
             Maritime
             businesses
             to
             be
             agitated
             and
             transacted
             at
             Sea
             ,
             beyond
             the
             Seas
             ,
             or
             upon
             the
             Ports
             and
             Havens
             ,
             or
             of
             or
             concerning
             the
             same
             ,
             are
             acknowledged
             to
             be
             cognizable
             in
             the
             Admiralty
             ,
             and
             have
             been
             thereunto
             by
             the
             same
             remitted
             .
          
           
             I
             Shall
             here
             proceed
             to
             shew
             that
             the
             Maritime
             Contracts
             ,
             whereof
             I
             have
             hitherto
             treated
             in
             this
             third
             Book
             of
             this
             Treatise
             ,
             and
             particularly
             exprest
             in
             the
             Title
             of
             this
             Chapter
             ,
             have
             been
             by
             Consultations
             out
             of
             the
             Courts
             of
             Common-Law
             at
             Westminster
             ,
             after
             Prohibitions
             from
             thence
             obtained
             ,
             determined
             and
             adjudged
             to
             belong
             unto
             the
             Admiralty
             .
          
           
             One
             
               Robert
               Baker
            
             of
             the
             City
             of
             London
             Vintner
             ,
             sued
             one
             
               John
               Maynard
            
             in
             the
             Admiralty
             Court
             ,
             upon
             a
             Contract
             made
             at
             land
             of
             and
             concerning
             a
             thing
             done
             upon
             the
             Sea
             (
             as
             by
             the
             Consultation
             it self
             doth
             appear
             .
             )
             But
             one
             
               John
               Gilbert
            
             Esquire
             being
             Bail
             for
             the
             said
             Maynard
             ,
             endeavouring
             to
             decline
             the
             cognizance
             of
             that
             Court
             ,
             and
             hinder
             the
             just
             and
             due
             proceedings
             thereof
             ,
             
             suggested
             before
             the
             Kings
             Justices
             at
             Westminster
             ,
             that
             he
             and
             one
             
               William
               Cowick
            
             his
             Proctor
             ,
             were
             by
             the
             Officers
             of
             that
             Court
             cited
             to
             appear
             in
             the
             said
             Court
             in
             the
             said
             cause
             ,
             pretending
             the
             same
             to
             be
             a
             cause
             cognoscible
             before
             the
             said
             Justices
             ,
             and
             not
             in
             the
             Admiralty
             Court
             ,
             and
             obtained
             a
             Prohibition
             ;
             after
             which
             the
             Libel
             in
             the
             said
             cause
             being
             exhibited
             before
             the
             said
             Justices
             (
             as
             likewise
             appeareth
             by
             the
             said
             Consultation
             )
             and
             it
             being
             thereby
             plain
             that
             the
             same
             was
             for
             a
             Contract
             made
             concerning
             Sea
             business
             ,
             it
             is
             said
             that
             the
             Prohibition
             issued
             out
             unadvisedly
             ,
             
               praedictum
               breve
               nostrum
               de
               prohibitione
               à
               dicta
               curiâ
               nostrâ
               coram
               Justiciariis
               apud
            
             Westm
             .
             
               improvidè
               emanavit
            
             ,
             and
             concludeth
             with
             a
             
               nolumus
               quod
               per
               hujusmodi
               malitiam
               &
               suggest
               .
               cognitio
               in
               praefata
               Curia
               nostra
               Admirallitatis
               taliter
               derogetur
               .
            
             That
             the
             cognizance
             of
             that
             Court
             shall
             not
             be
             hindred
             by
             such
             malice
             or
             suggestion
             ;
             and
             so
             the
             cause
             is
             thither
             remitted
             ,
             by
             consultation
             bearing
             date
             the
             11th
             of
             July
             in
             the
             24th
             year
             of
             the
             said
             Henry
             the
             eighth
             .
             
               T.
               R.
               Norwich
               apud
               Westm
            
             .
             which
             Consultation
             was
             directed
             to
             Henry
             Duke
             of
             Richmond
             and
             Sommerset
             ,
             and
             Earl
             of
             Nottingham
             ,
             high
             Admiral
             of
             
               England
               ,
               Ireland
               ,
               Gascoine
               ,
               Normain
               ,
            
             and
             Aquitaine
             ,
             and
             to
             
               Arthur
               Plantaginet
            
             Knight
             ,
             Viscount
             Lisle
             ,
             the
             said
             Dukes
             Vice-Admiral
             ,
             or
             his
             Lieutenant
             ,
             and
             also
             to
             
               John
               Tregonwell
            
             ,
             Dr.
             of
             Laws
             ,
             Official
             Commissary
             ,
             or
             Judge
             of
             the
             High
             Court
             of
             the
             Admiralty
             ,
             and
             to
             
               Thomas
               Bagard
            
             Doctor
             of
             Laws
             ,
             his
             Surrogate
             in
             the
             said
             Court.
             
          
           
             See
             the
             Consultation
             it self
             as
             it
             follows
             .
          
           
             
               Henricus
               Octavus
            
             Dei
             gratiâ
             Angliae
             &
             Franciae
             Rex
             ,
             
             fidei
             defensor
             ,
             &
             Dominus
             Hiberniae
             ,
             dilecto
             &
             fideli
             nostro
             Henrico
             Duci
             Richmond
             .
             &
             Somerset
             .
             &
             Comiti
             Nottingham
             .
             magno
             Admirallo
             
               Angliae
               ,
               Walliae
               ,
               Hiberniae
               ,
               Gasconiae
               ,
               Normaniae
            
             &
             Aquitaniae
             ;
             Nec
             non
             
               Arthuro
               Plantaginet
            
             Militi
             Vicecom
             .
             Lisle
             praedicti
             Ducis
             Vice-Admirallo
             ,
             sive
             ejus
             locum
             tenenti
             ,
             ac
             etiam
             Magistro
             
               Johanni
               Tregon-well
            
             legum
             Dostori
             in
             Curiâ
             principali
             Admiralitatis
             Angliae
             Officiali
             ,
             sive
             Commissario
             ,
             &
             Magistro
             
               Thomae
               Bagard
            
             legum
             Doctori
             ,
             dicti
             venerabilis
             viri
             Johannis
             in
             dicta
             Curia
             Admiralitatis
             Surrogato
             ,
             sufficienter
             &
             legitimè
             Deputato
             ,
             eorumque
             cuilibet
             ,
             salutem
             ;
             Ex
             parte
             vestra
             nobis
             est
             intimatum
             ,
             quod
             cum
             quidam
             
               Robertus
               Baker
            
             nuper
             de
             London
             Vintner
             ,
             in
             dicta
             Curia
             nostra
             Admirallitatis
             coram
             vobis
             implîtaverit
             quendam
             
               Johannem
               Maynard
            
             ,
             de
             &
             super
             quodam
             contractu
             de
             re
             facta
             super
             mare
             ,
             quidam
             tamen
             
               Johannes
               Gilbert
            
             Armiger
             in
             hac
             parte
             cognitionem
             vestram
             fraudulenter
             &
             malitiosè
             satagens
             declinare
             ,
             &
             debitum
             legis
             processum
             in
             eadem
             Curia
             nostra
             in
             parte
             illa
             impedire
             ,
             ac
             suggerens
             in
             Curia
             nostra
             coram
             Justiciariis
             nostris
             apud
             Westm
             .
             ipsum
             
               Johannem
               Gilbert
            
             ,
             ac
             quendam
             
               Willielmum
               Cowicke
            
             procuratorem
             suum
             per
             vos
             in
             praedicto
             
             Curia
             Admirallitatis
             Coram
             vobis
             super
             praedicto
             placito
             praetenseundem
             
               Johannem
               Gilbert
            
             per
             inordinatam
             fatigationem
             in
             eadem
             Curia
             Admirallitatis
             coram
             vobis
             in
             dies
             trahi
             in
             placitum
             &
             per
             ministros
             vestros
             ea
             occasione
             citari
             ,
             &
             coram
             vobis
             comparere
             adinde
             respondere
             faciendum
             totis
             viribus
             ,
             &
             sententiam
             versus
             ipsos
             
               Johannem
               Gilbert
            
             .
             &
             
               Willielmum
               Cowicke
            
             ,
             &
             pro
             praemissis
             fulminare
             proponend
             .
             placitum
             quod
             inde
             per
             legem
             terrae
             in
             praedicta
             Curia
             nostra
             coram
             Justiticiariis
             nostris
             apud
             Westm
             .
             &
             non
             coram
             vobis
             in
             dicta
             Curia
             nostra
             Admirallitatis
             pertinet
             ad
             eandem
             Curiam
             Admirallitatis
             trahere
             machinando
             in
             ipsius
             
               Johannis
               Gilbert
            
             grave
             dampnum
             ,
             ac
             nostri
             contempt
             .
             coronaeque
             nostrae
             Regiae
             exhaeredationis
             periculum
             ac
             contra
             legem
             &
             cons
             .
             regni
             nostri
             Angliae
             ,
             Breve
             nostrum
             de
             prohibitione
             minus
             rite
             vobis
             dirigi
             procuravit
             ,
             cujus
             brevis
             praetextu
             vos
             in
             placito
             praedicto
             huc
             usque
             supersedistis
             in
             gravem
             libertatis
             praedictae
             Curiae
             nostrae
             Admirallitatis
             laesionem
             ,
             &
             quia
             praedictum
             Breve
             nostrum
             de
             prohibitione
             à
             dicta
             Curia
             nostra
             coram
             Justiciariis
             nostris
             apud
             Westm
             .
             nuper
             inde
             improvide
             emanavit
             ,
             prout
             per
             quendam
             libellum
             in
             dicta
             Curia
             nostra
             coram
             Justiciariis
             nostris
             apud
             Westm
             .
             post
             emanationem
             dicti
             brevis
             nostri
             de
             prohibitione
             ex
             parte
             vestra
             missum
             plenius
             apparet
             ;
             ac
             quia
             nolumus
             quod
             per
             hujusmodi
             malitiam
             &
             suggestionem
             ,
             cognitio
             in
             praefata
             Curia
             nostra
             Admirallitatis
             taliter
             derogetur
             ,
             ideo
             vobis
             significamus
             quod
             in
             eadem
             caeusa
             procedere
             poteritis
             prohibitione
             praefata
             in
             aliquo
             non
             obstant
             .
             
             T.
             R.
             Norwich
             apud
             Westm
             .
             xi
             .
             die
             Julii
             ,
             Anno
             Regni
             nostri
             vicesimo
             quarto
             .
          
           
             One
             
               Richard
               Bell
            
             likewise
             sued
             one
             
               John
               Crayne
            
             in
             the
             Admiralty
             Court
             ,
             for
             that
             the
             said
             John
             did
             at
             Dartmouth
             within
             the
             Maritime
             Jurisdiction
             of
             the
             Admiralty
             promise
             and
             bind
             himself
             to
             exonerate
             and
             keep
             indemnifyed
             the
             said
             Richard
             for
             taking
             or
             restoring
             of
             a
             certain
             Ship
             called
             the
             
               Mary
               Fortune
            
             ,
             and
             the
             apparel
             of
             the
             same
             ,
             and
             the
             Goods
             and
             Merchandizes
             in
             her
             at
             the
             time
             of
             the
             taking
             of
             her
             ;
             and
             that
             he
             the
             said
             Richard
             at
             the
             time
             of
             the
             taking
             of
             the
             said
             Ship
             ,
             together
             with
             
               John
               Bell
            
             and
             others
             was
             present
             against
             one
             
               John
               Destyron
            
             and
             other
             Spaniards
             ,
             affirming
             themselves
             to
             be
             the
             Masters
             and
             Owners
             thereof
             .
          
           
             And
             the
             said
             
               John
               Crane
            
             not
             setting
             forth
             what
             this
             Contract
             made
             at
             Dartmouth
             was
             for
             ,
             but
             barely
             suggesting
             that
             he
             was
             sued
             upon
             a
             Contract
             made
             at
             Dartmouth
             within
             the
             body
             of
             the
             County
             of
             Devon
             ,
             and
             not
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             obtained
             a
             Prohibition
             .
          
           
             But
             upon
             complaint
             of
             the
             said
             Bell
             ,
             setting
             forth
             from
             whence
             the
             Contract
             arose
             ,
             and
             for
             what
             the
             same
             was
             ,
             it
             was
             held
             to
             be
             within
             the
             Maritime
             Jurisdiction
             of
             the
             Admiralty
             ,
             and
             a
             Consultation
             was
             awarded
             ,
             by
             which
             it
             is
             said
             to
             be
             
               in
               ipsius
            
             Richardi
             
             Bell
             
               grave
               damnum
               ,
               &
               legis
               libertatisque
               Admiralli
               laesionem
               manifestam
               ,
            
             to
             the
             grievous
             damage
             of
             the
             said
             Richard
             ,
             and
             manifest
             wrong
             of
             the
             law
             and
             liberty
             of
             the
             Admiral
             ;
             and
             further
             saith
             ,
             
               Et
               quia
               cognitionem
               Jurisdictionemque
               Admirallitatis
               in
               causis
               maritimis
               per
               hujusmodi
               callidas
               assertiones
               impedire
               noluimus
               ,
               vobis
               jam
               significamus
               &c.
               
            
             And
             because
             we
             will
             not
             have
             the
             Cognizance
             and
             Jurisdiction
             of
             the
             Admiralty
             in
             Maritime
             caues
             to
             be
             hindered
             by
             such
             crafty
             assertions
             ;
             we
             therefore
             ,
             &c.
             as
             in
             the
             former
             Consulattion
             .
          
           
             I
             shall
             likewise
             set
             down
             this
             Consultation
             ,
             which
             was
             in
             the
             time
             of
             Henry
             the
             Eighth
             ,
             and
             so
             come
             to
             shew
             you
             some
             of
             those
             which
             were
             in
             the
             time
             of
             Queen
             Elizabeth
             .
          
           
             
               
                 
                   
                     Henricus
                     octavus
                     Dei
                     gratiâ
                     
                       Angliae
                       ,
                       Franciae
                    
                     ,
                     &
                     Hiberniae
                     Rex
                     ,
                     fidei
                     defensor
                     ,
                     &
                     in
                     terra
                     Ecclesiae
                     Anglicanae
                     &
                     Hiberniae
                     supremum
                     caput
                     ;
                     Nobili
                     &
                     prae
                     potenti
                     viro
                     Domino
                     Johanni
                     Vicecomiti
                     Lysle
                     Baroni
                     de
                     Malpas
                     &
                     Somerey
                     ,
                     praeclari
                     ordinis
                     Garteri
                     Militi
                     ,
                     Domino
                     Basset
                     &
                     Tyasse
                     Magno
                     Admirallo
                     
                       Angliae
                       ,
                       Hiberniae
                       ,
                       Walliae
                    
                     ,
                     Villae
                     &
                     Merchiarum
                     
                       Calisiae
                       ,
                       Normanniae
                       ,
                       Gasconiae
                    
                     &
                     Aquitaniae
                     ,
                     sen
                     ejus
                     Deputato
                     in
                     Curia
                     nostra
                     Admirallitatis
                     ,
                     salutem
                     ;
                     Monstravit
                     nobis
                     in
                     Curia
                     nostra
                     coram
                     nobis
                     
                       Richar.
                       Bell
                    
                     Com.
                     Sussex
                     .
                     quod
                     cum
                     idem
                     Richardus
                     nuper
                     in
                     Curia
                     Admirallitatis
                     coram
                     vobis
                     implîtasset
                     
                       Johannem
                       Crane
                    
                     ,
                     de
                     eo
                     quod
                     idem
                     Johannes
                     ad
                     certum
                     tempus
                     jam
                     retroactum
                     infra
                     jurisdictionem
                     maritimam
                     promisisset
                     ,
                     &
                     se
                     extrinxisset
                     ad
                     exonerand
                     .
                     &
                     indemnem
                     conservand
                     .
                     ipsum
                     Richardum
                     ,
                     ab
                     omni
                     obligatione
                     ,
                     &
                     juris
                     vinculo
                     pro
                     captione
                     seu
                     restitutione
                     cujusdam
                     navis
                     vocat
                     .
                     
                       the
                       Mary
                       Fortune
                    
                     ,
                     &
                     apparatus
                     ejusdem
                     ,
                     ac
                     bonorum
                     &
                     mercimoniorum
                     in
                     illa
                     ,
                     tempore
                     capturae
                     ejusdem
                     ,
                     &
                     pro
                     eo
                     quod
                     idem
                     Richardus
                     tempore
                     capturae
                     hujusmodi
                     navis
                     una
                     cum
                     quodam
                     
                       Johanne
                       Bell
                    
                     ,
                     &
                     aliis
                     interfuisset
                     erga
                     quosdam
                     
                       Johannem
                       Desticon
                    
                     &
                     alios
                     Hispanos
                     asserent
                     .
                     se
                     dominos
                     &
                     proprietarios
                     praemissorum
                     fuisse
                     ;
                     Idemque
                     
                       Johannes
                       Crane
                    
                     nobis
                     suggerendo
                     dixerit
                     quod
                     hujusmodi
                     contractus
                     factus
                     fuit
                     apud
                     Dartmouth
                     infra
                     corpus
                     Comitatus
                     nostri
                     Devon.
                     inter
                     partes
                     praedictas
                     ,
                     &
                     non
                     infra
                     jurisdictonem
                     maritimam
                     ,
                     vobisque
                     superinde
                     ad
                     suggestionem
                     ipsius
                     
                       Johannis
                       Crane
                    
                     quoddam
                     Breve
                     nostrum
                     de
                     prohibitione
                     in
                     causa
                     praedicta
                     quod
                     non
                     procederetis
                     ,
                     porrexerimus
                     ,
                     cujus
                     praetextu
                     vos
                     in
                     causa
                     illa
                     huc
                     usque
                     procedere
                     distulistis
                     &
                     adhuc
                     differtis
                     ,
                     in
                     ipsius
                     
                       Richardi
                       Bell
                    
                     grave
                     damnum
                     ,
                     &
                     legis
                     libertatisque
                     Admiralli
                     nostri
                     laesionem
                     manifest
                     .
                     Et
                     quia
                     cognitionem
                     jurisdictionemque
                     Admirallitatis
                     in
                     causis
                     maritimis
                     per
                     hujusmodi
                     callidas
                     assertiones
                     impediri
                     nolumus
                     ,
                     vobis
                     jam
                     significamus
                     quod
                     in
                     causa
                     praedicta
                     jam
                     coram
                     vobis
                     inter
                     partes
                     illas
                     pendenti
                     ,
                     dummodo
                     de
                     causa
                     maritima
                     ,
                     &
                     infra
                     jurisdictionem
                     Admiralli
                     nostri
                     juxta
                     jura
                     legis
                     nostrae
                     Angliae
                     terminan
                     .
                     agat
                     .
                     licite
                     procedatis
                     ,
                     ac
                     procedere
                     poteritis
                     in
                     causa
                     illa
                     quantum
                     ad
                     jurisdictionem
                     Admirallitatis
                     nostrae
                     pertinet
                     ,
                     brevi
                     nostro
                     de
                     prohibitione
                     
                     vobis
                     prius
                     inde
                     in
                     contrarium
                     directo
                     in
                     aliquo
                     non
                     obstant
                     .
                  
                   
                     
                       T.
                       R.
                       Lyster
                       apud
                       Westm
                       .
                       
                       
                         decimo
                         quarto
                         die
                         Julii
                         ,
                         anno
                         nostri
                         Regni
                         tricesimo
                         octavo
                         .
                      
                    
                     
                       per
                       Dominum
                       Capitalem
                       Justic
                       Rooper
                       .
                    
                  
                
              
            
          
           
             In
             the
             time
             of
             Queen
             
               Elizabeth
               Christopher
               Turner
            
             sued
             
               Thomas
               Simpson
            
             of
             Beverly
             in
             the
             County
             of
             York
             before
             
               Matthew
               Bodsworth
            
             ,
             Batchelor
             of
             Laws
             ,
             &
             Commissary
             of
             the
             Court
             of
             the
             Admiralty
             in
             the
             Northern
             parts
             of
             England
             ,
             and
             Judge
             of
             the
             Vice-Admiralty
             of
             York
             ,
             upon
             a
             contract
             before
             that
             time
             made
             between
             them
             the
             said
             Christopher
             and
             Thomas
             ;
             and
             thereupon
             layd
             and
             articled
             in
             the
             said
             Court
             ,
             that
             in
             the
             Moneths
             of
             April
             and
             May
             1586.
             they
             the
             said
             Christopher
             and
             Thomas
             had
             speech
             or
             talk
             between
             them
             ,
             concerning
             certain
             quarters
             of
             Wheat
             and
             Rye
             ,
             to
             the
             number
             of
             69
             or
             thereabouts
             ,
             namely
             forty
             and
             one
             quarters
             of
             Wheat
             ,
             and
             twenty
             and
             eight
             quarters
             of
             Rye
             ,
             whereof
             part
             was
             to
             be
             taken
             into
             a
             certain
             Ship
             called
             the
             George
             of
             Beverley
             at
             a
             certain
             place
             called
             Emot-land
             upon
             the
             River
             of
             
               Hull
               ,
               alias
               Hull
            
             Water
             ,
             and
             the
             other
             part
             thereof
             to
             be
             taken
             into
             the
             said
             Ship
             at
             a
             certain
             place
             called
             the
             
               Good
               Alehouse
            
             ,
             adjoyning
             to
             the
             said
             River
             ,
             to
             be
             from
             thence
             carryed
             and
             conveyed
             in
             the
             said
             Ship
             by
             water
             ,
             unto
             the
             City
             of
             York
             ,
             and
             there
             to
             be
             delivered
             on
             Shipboard
             at
             a
             certain
             place
             called
             the
             
               Queen
               's
               Stathe
            
             at
             the
             said
             City
             ,
             and
             further
             had
             talk
             of
             the
             freight
             or
             price
             to
             be
             paid
             for
             the
             carriage
             of
             the
             said
             quarters
             of
             Grain
             ,
             and
             that
             they
             the
             said
             Christopher
             and
             Thomas
             bargained
             and
             agreed
             concerning
             the
             said
             carriage
             and
             transportation
             of
             the
             said
             Grain
             in
             the
             said
             Ship
             the
             George
             ,
             in
             forme
             following
             ,
             viz.
             that
             the
             said
             
               Thomas
               Sympson
            
             should
             take
             and
             receive
             into
             the
             said
             Ship
             the
             said
             forty
             one
             quarters
             of
             Wheat
             ,
             and
             twenty
             one
             quarters
             of
             Rye
             at
             the
             said
             place
             called
             Emots-lands
             ,
             and
             the
             said
             other
             place
             called
             the
             
               Good
               Alehouse
            
             ,
             and
             should
             from
             thence
             transport
             and
             carry
             the
             same
             with
             all
             convenient
             speed
             to
             the
             
               Queens
               Stath
            
             aforesaid
             ,
             being
             beneath
             the
             first
             Bridge
             of
             the
             River
             of
             Owre
             towards
             the
             sea
             ,
             and
             there
             deliver
             the
             same
             on
             Shipboard
             ,
             and
             that
             in
             consideration
             thereof
             ;
             the
             said
             
               Christopher
               Turner
            
             did
             agree
             to
             and
             with
             the
             said
             
               Thomas
               Sympson
            
             for
             the
             transportation
             of
             every
             quarter
             of
             the
             said
             Grain
             ,
             to
             pay
             the
             summe
             of
             ten
             pence
             of
             lawfull
             money
             of
             England
             ;
             and
             further
             ,
             that
             the
             said
             
               Christopher
               Turner
            
             in
             consideration
             that
             the
             said
             Grain
             might
             be
             more
             safely
             and
             securely
             transported
             and
             carried
             ,
             then
             other
             his
             Grain
             before
             that
             time
             had
             been
             ,
             and
             that
             the
             same
             might
             not
             be
             heated
             ,
             wetted
             ,
             or
             otherwise
             impaired
             ,
             as
             before
             that
             time
             ,
             
             other
             his
             the
             said
             Christophers
             Grain
             had
             been
             in
             other
             lesser
             Vessels
             of
             his
             ,
             the
             said
             
               Thomas
               Sympson
            
             promised
             and
             agreed
             to
             and
             with
             the
             said
             Christopher
             ,
             that
             if
             the
             said
             Christopher
             should
             not
             deliver
             into
             the
             said
             Ship
             called
             the
             George
             sixty
             quarters
             of
             Grain
             ,
             nevertheless
             in
             regard
             that
             Ship
             was
             of
             a
             greater
             burthen
             then
             other
             Ships
             of
             the
             said
             
               Thomas
               Sympsons
            
             were
             ;
             he
             the
             said
             Christopher
             would
             pay
             to
             the
             said
             
               Thomas
               Sympson
            
             or
             his
             Assignes
             the
             whole
             freight
             for
             sixty
             quarters
             of
             Grain
             according
             to
             the
             rate
             of
             ten
             pence
             for
             every
             quarter
             of
             the
             aforesaid
             Grain
             ;
             and
             if
             there
             should
             be
             more
             then
             sixty
             quarters
             of
             the
             said
             Grain
             ,
             that
             then
             the
             said
             
               Christopher
               Turner
            
             should
             pay
             for
             every
             quarter
             above
             the
             number
             of
             sixty
             quarters
             ,
             according
             to
             the
             said
             rate
             of
             ten
             pence
             for
             every
             quarter
             thereof
             .
             And
             that
             the
             said
             Thomas
             in
             consideration
             thereof
             promised
             and
             convenanted
             to
             and
             with
             the
             said
             
               Christopher
               Turner
            
             ,
             that
             no
             Grain
             or
             Goods
             of
             other
             men
             should
             be
             received
             into
             the
             said
             Ship
             in
             the
             said
             Voyage
             ;
             and
             that
             the
             said
             Ship
             should
             be
             sufficiently
             manned
             and
             victualled
             ,
             so
             that
             by
             reason
             thereof
             the
             said
             
               Christopher
               Turners
            
             Grain
             might
             be
             safely
             transported
             and
             carried
             without
             any
             heating
             ,
             wetting
             ,
             or
             other
             impairing
             ,
             &c.
             
          
           
             Which
             cause
             was
             afterwards
             removed
             from
             the
             said
             Court
             of
             the
             Admiralty
             in
             the
             Northern
             parts
             ,
             by
             way
             of
             appeal
             made
             by
             the
             said
             
               Thomas
               Sympson
            
             on
             his
             part
             unto
             the
             supreme
             Court
             of
             the
             Admiralty
             of
             England
             ,
             and
             there
             in
             the
             end
             of
             the
             31
             year
             of
             the
             said
             Queens
             Reign
             depended
             undecided
             .
          
           
             And
             the
             said
             
               Thomas
               Sympson
            
             in
             Hillary
             Terme
             following
             suggested
             in
             the
             Kings
             Bench
             that
             the
             said
             Christopher
             had
             libelled
             in
             the
             high
             Court
             of
             the
             Admiralty
             ,
             
             that
             the
             said
             Contract
             was
             made
             at
             Beverley
             ,
             within
             the
             Body
             of
             the
             County
             of
             York
             ,
             and
             that
             the
             said
             Contract
             was
             ,
             that
             one
             part
             of
             the
             said
             Grain
             was
             to
             be
             received
             into
             the
             said
             Ship
             at
             a
             certain
             place
             called
             Emot-land
             upon
             the
             River
             of
             Hull-water
             ,
             whereas
             indeed
             the
             said
             Christopher
             had
             libelled
             in
             the
             Court
             of
             Admiralty
             before
             the
             said
             
               Matthew
               Dodsworth
            
             in
             the
             Northern
             parts
             ,
             that
             that
             Contract
             was
             ,
             that
             the
             said
             Grain
             should
             be
             received
             into
             the
             said
             Ship
             at
             the
             said
             places
             called
             Emot-land
             ,
             and
             
               Good
               Alehouse
            
             upon
             the
             River
             of
             Hull-Water
             ,
             and
             not
             upon
             the
             River
             of
             Hull-Water
             :
             And
             whereas
             that
             plea
             upon
             the
             said
             Libel
             only
             depended
             in
             the
             High
             Court
             of
             the
             Admiralty
             ,
             by
             way
             of
             the
             Appeal
             aforesaid
             by
             him
             the
             said
             
               Thomas
               Sympson
            
             ,
             in
             form
             aforesaid
             prosecuted
             ,
             and
             otherwise
             he
             prayed
             a
             Prohibition
             from
             the
             said
             Court
             of
             Kings-Bench
             ,
             and
             procured
             the
             same
             to
             be
             directed
             unto
             
             to
             the
             said
             High
             Court
             of
             the
             Admiralty
             ,
             whereupon
             the
             said
             Court
             desisted
             .
          
           
             But
             in
             Trinity
             Terme
             following
             ,
             
             the
             said
             Court
             of
             Kings
             Bench
             being
             informed
             of
             the
             whole
             matter
             ,
             deduced
             and
             set
             forth
             in
             the
             original
             Libel
             ,
             a
             Consultation
             was
             awarded
             ,
             which
             in
             its
             own
             phrase
             (
             and
             in
             all
             things
             agreeable
             to
             what
             I
             have
             here
             set
             forth
             )
             repeateth
             the
             tenor
             ,
             effect
             and
             substance
             of
             the
             said
             Libel
             ,
             with
             a
             
               prout
               per
               libellum
               ipsius
            
             Christopheri
             
               plenius
               liquet
            
             ,
             as
             by
             the
             Libel
             of
             the
             said
             Christopher
             in
             that
             behalf
             doth
             more
             plainly
             appear
             ,
             and
             concludeth
             ,
             that
             notwithstanding
             the
             Prohibition
             for
             the
             causes
             before
             exprest
             ,
             and
             for
             other
             the
             said
             defects
             in
             the
             said
             
               Thomas
               Sympsons
            
             Suggestion
             contained
             ,
             and
             in
             the
             said
             Court
             depending
             ,
             them
             moving
             with
             an
             
               
                 Ac
                 similiter
                 nolentes
                 per
                 hujusmodi
                 falsas
                 &
                 callidas
                 assertiones
                 placita
                 in
                 Curia
                 Admirallitatis
                 praedicta
                 pendent
                 .
                 diutius
                 impedire
              
               ;
            
             where
             nolentes
             signifieth
             an
             absolute
             forbidding
             or
             checking
             rather
             then
             unwilling
             that
             the
             said
             Pleas
             in
             the
             Court
             of
             Admiralty
             depending
             should
             any
             longer
             be
             hindred
             by
             such
             false
             and
             crafty
             assertions
             ,
             and
             therefore
             signified
             that
             the
             said
             Court
             of
             the
             Admiralty
             might
             lawfully
             proceed
             in
             the
             said
             Cause
             between
             the
             said
             parties
             ,
             and
             do
             and
             performe
             all
             other
             things
             on
             that
             behalf
             ,
             which
             the
             said
             Court
             did
             know
             did
             belong
             thereunto
             ,
             &c.
             
          
           
             Take
             here
             this
             Consultation
             more
             in
             its
             own
             language
             at
             large
             ,
             and
             I
             shall
             set
             forth
             but
             some
             few
             more
             ,
             and
             those
             as
             briefly
             as
             I
             can
             .
             This
             runneth
             in
             these
             words
             .
          
           
             
               
                 
                   
                     Elizabetha
                     Dei
                     gratiâ
                     
                       Angliae
                       ,
                       Franciae
                    
                     ,
                     &
                     Hiberniae
                     Regina
                     ,
                     fidei
                     defensor
                     ,
                     &c.
                     venerabili
                     &
                     egregio
                     viro
                     magistro
                     
                       Julio
                       Caesari
                    
                     legum
                     Doctori
                     ,
                     praenobilis
                     &
                     praepotentis
                     viri
                     Car.
                     Domini
                     Howard
                     ,
                     Baronis
                     de
                     Effingham
                     ,
                     praeclari
                     ordinis
                     Garteri
                     Militis
                     ,
                     magni
                     Admiralli
                     
                       Angliae
                       ,
                       Hiberniae
                       ,
                       Walliae
                    
                     ,
                     &
                     Dominiorum
                     &
                     Insularum
                     earundem
                     ,
                     villae
                     Calis
                     &
                     Merchiarum
                     ejusdem
                     
                       Normaniae
                       ,
                       Gasconiae
                    
                     &
                     Aquitaniae
                     ,
                     Classisque
                     &
                     marinorum
                     dictorum
                     regnorum
                     Angliae
                     &
                     Hiberniae
                     praefecti
                     generalis
                     ,
                     locum
                     tenenti
                     Generali
                     ,
                     ac
                     supremae
                     Curiae
                     Angliae
                     Admirallitatis
                     Judici
                     &
                     Praefidenti
                     ,
                     ejusve
                     Surrogato
                     cuicunque
                     salutem
                     .
                     Cum
                     
                       Christopherus
                       Turner
                    
                     nuper
                     in
                     Curia
                     Admirallitatis
                     ,
                     coram
                     
                       Matthaeo
                       Dodsworth
                    
                     ,
                     in
                     legibus
                     Baccalaureo
                     ,
                     Commissario
                     Curiae
                     Admirallitatis
                     in
                     partibus
                     Borealibus
                     Angliae
                     ,
                     ac
                     Judice
                     Vice-Admirallitatis
                     Com.
                     Eboracen
                     .
                     implitasset
                     ,
                     &
                     articulat
                     .
                     fuit
                     versus
                     quendam
                     
                       Thomam
                       Sympson
                    
                     nuper
                     de
                     Beverley
                     in
                     Com.
                     Eborum
                     .
                     super
                     quodam
                     contractu
                     inter
                     ipsos
                     Christopherum
                     &
                     Thomam
                     ante
                     tum
                     fact
                     .
                     &
                     super
                     inde
                     in
                     eadem
                     Curia
                     posuit
                     &
                     articulat
                     .
                     quod
                     in
                     mensibus
                     Aprilis
                     &
                     Maii
                     ,
                     Anno
                     Domini
                     millesimo
                     quingentesimo
                     ,
                     octog●simo
                     sexto
                     ,
                     iidem
                     Christopherus
                     &
                     Thomas
                     
                     habuerunt
                     Colloquium
                     inter
                     eos
                     de
                     quibusdam
                     quarteriis
                     tritici
                     ,
                     &
                     siliginis
                     ad
                     numerum
                     sexaginta
                     &
                     novem
                     vel
                     eo
                     circiter
                     ,
                     videlicet
                     quadraginta
                     unius
                     quarteriorum
                     tritici
                     ,
                     &
                     vigint
                     '
                     .
                     octo
                     quarteriorum
                     siliginis
                     ,
                     unde
                     pars
                     accipiendum
                     fuisset
                     in
                     quandam
                     navem
                     vocatam
                     
                       The
                       George
                       of
                       Beverley
                    
                     ad
                     quendam
                     locum
                     vocatum
                     Emotland
                     super
                     Rivulum
                     de
                     Hull
                     ,
                     àlias
                     dictum
                     
                       Hull
                       Water
                    
                     ,
                     &
                     alia
                     pars
                     inde
                     accipiend
                     .
                     fuisset
                     in
                     eandem
                     navem
                     ,
                     ad
                     quendam
                     locum
                     vocatum
                     
                       The
                       Good
                       Alehouse
                    
                     adjungentem
                     eidem
                     rivulo
                     ,
                     &
                     ab
                     inde
                     abcariari
                     &
                     conveiari
                     in
                     eadem
                     navi
                     per
                     aquam
                     usque
                     Civitatem
                     Eborum
                     ,
                     &
                     ibidem
                     deliberari
                     super
                     
                       le
                       shipboard
                    
                     apud
                     quendam
                     locum
                     vocat
                     .
                     
                       The
                       Queens
                       Stath
                    
                     infra
                     eandem
                     Civitatem
                     &
                     ulterius
                     habuissent
                     Colloquium
                     de
                     salario
                     &
                     pretio
                     solvend
                     .
                     pro
                     carriagio
                     dictorum
                     quarteriorum
                     granorum
                     praedictorum
                     ,
                     &
                     ulterius
                     quod
                     ipsi
                     iidem
                     Christopherus
                     &
                     Thomas
                     convenissent
                     &
                     agreassent
                     concernen
                     .
                     praedictum
                     carriagium
                     &
                     transportationem
                     granorum
                     praedictorum
                     in
                     eadem
                     nave
                     vocat
                     .
                     
                       The
                       George
                    
                     infra
                     sequen
                     .
                     videlicet
                     quod
                     praedictus
                     
                       Thomas
                       Sympson
                    
                     caperet
                     &
                     reciperet
                     in
                     praedictam
                     navem
                     ,
                     praedicta
                     quadraginta
                     unum
                     quarteria
                     tritici
                     ,
                     &
                     viginti
                     octo
                     quartera
                     siliginis
                     ,
                     ad
                     praedictum
                     locum
                     vocat
                     .
                     Emot-lands
                     ,
                     &
                     ad
                     praedictum
                     alium
                     locum
                     vocatum
                     
                       The
                       Good
                       Ale-house
                    
                     ,
                     &
                     ab
                     inde
                     transportaret
                     &
                     carriaret
                     eadem
                     cum
                     convenien
                     .
                     celeritate
                     ad
                     
                       le
                       Queens
                       Stathe
                    
                     praedict
                     .
                     stantem
                     &
                     existentem
                     infra
                     primum
                     pontem
                     rivuli
                     de
                     Owre
                     versus
                     mare
                     ,
                     &
                     ibidem
                     eadem
                     deliberaret
                     super
                     
                       le
                       Shipboard
                    
                     ,
                     &
                     quod
                     in
                     consideratione
                     inde
                     praedictus
                     
                       Christopherus
                       Turner
                    
                     convenisset
                     &
                     consensisset
                     ad
                     ,
                     &
                     cum
                     praefato
                     
                       Thoma
                       Sympson
                    
                     pro
                     transportatione
                     cujuslibet
                     quarterii
                     granorum
                     praedictorum
                     ,
                     solvere
                     summam
                     decem
                     denariorum
                     legalis
                     monetae
                     Angliae
                     ,
                     &
                     ulterius
                     quod
                     idem
                     
                       Christopherus
                       Turner
                    
                     in
                     consideratione
                     quod
                     grana
                     illa
                     magis
                     salvo
                     &
                     secur
                     .
                     transportari
                     ,
                     &
                     carriari
                     potuissent
                     quàm
                     alia
                     grana
                     sua
                     antebàc
                     fuissent
                     ,
                     &
                     quod
                     eadem
                     non
                     essent
                     calefacta
                     ,
                     vel
                     malefacta
                     ,
                     vel
                     aliter
                     pejorat
                     .
                     Anglicè
                     Impaired
                     ,
                     prout
                     ante
                     tempus
                     illud
                     alia
                     grana
                     ipsius
                     Christopheri
                     fuissent
                     in
                     aliis
                     minoribus
                     vasibus
                     ipsiûs
                     
                       Thomae
                       Sympson
                    
                     ,
                     promisisset
                     ,
                     &
                     convenisset
                     ad
                     &
                     cum
                     eodem
                     Thoma
                     quod
                     si
                     dictus
                     Christopherus
                     non
                     deliberaret
                     in
                     praedictam
                     navem
                     vocat
                     .
                     
                       The
                       George
                    
                     ,
                     sexaginta
                     quarteria
                     granorum
                     ,
                     nichilominus
                     pro
                     eo
                     quod
                     eadem
                     navis
                     fuit
                     navis
                     majoris
                     oneris
                     quàm
                     aliae
                     naves
                     .
                     dicti
                     
                       Thomae
                       Sympson
                    
                     fuissent
                     ,
                     ipse
                     idem
                     Christopherus
                     solveret
                     praefato
                     
                       Thomae
                       Sympson
                    
                     ,
                     vel
                     assignatis
                     suis
                     plenum
                     stipendium
                     ,
                     Anglicè
                     
                       The
                       whole
                       freight
                    
                     ,
                     pro
                     sexaginta
                     quarteriis
                     granorum
                     juxta
                     ratam
                     decem
                     denariorum
                     pro
                     quolibet
                     qurterio
                     granorum
                     praedictorum
                     ,
                     &
                     si
                     plura
                     forent
                     quàm
                     sexaginta
                     quarteria
                     granorum
                     praedictorum
                     ,
                     quod
                     tunc
                     idem
                     
                       Christopherus
                       Turner
                    
                     solveret
                     pro
                     quolibet
                     quarterio
                     ultera
                     numerum
                     sexaginta
                     quarteriorum
                     juxta
                     dictam
                     ratam
                     decem
                     denariorum
                     pro
                     quolibet
                     quarterio
                     inde
                     ,
                     &
                     quod
                     idem
                     Thomas
                     in
                     considerane
                     inde
                     promississet
                     ,
                     &
                     convenisset
                     ad
                     &
                     cum
                     dicto
                     
                       Christophero
                       Turner
                    
                     ,
                     
                     quod
                     grana
                     sive
                     bona
                     nulla
                     aliorum
                     hominum
                     acciperentur
                     in
                     eandem
                     navem
                     viagio
                     praedicto
                     ,
                     &
                     quod
                     praedicta
                     navis
                     sufficient
                     viritat
                     .
                     &
                     esculat
                     .
                     esset
                     ,
                     Anglicè
                     
                       manned
                       and
                       victualled
                    
                     ;
                     Ita
                     quod
                     ratione
                     inde
                     grana
                     dicti
                     
                       Christopheri
                       Turner
                    
                     salva
                     transportari
                     &
                     carriari
                     potuissent
                     sine
                     calefatione
                     ,
                     malefactione
                     .
                     vel
                     alias
                     pejoratione
                     ,
                     Anglice
                     Impairing
                     ,
                     &c.
                     prout
                     per
                     libellum
                     ipsius
                     Christopheri
                     inde
                     plenius
                     liquet
                     ;
                     quod
                     quidem
                     placitum
                     postea
                     à
                     praedicta
                     Curia
                     Admirallitatis
                     in
                     partibus
                     Borealibus
                     per
                     viam
                     appellationis
                     per
                     praefatum
                     
                       Thomam
                       Sympson
                    
                     in
                     ea
                     parte
                     factae
                     coram
                     vobis
                     remot
                     .
                     fuit
                     ,
                     &
                     ad
                     huc
                     in
                     supremâ
                     Curiâ
                     Admirallitatis
                     Angliae
                     coram
                     vobis
                     jam
                     pendet
                     indecis
                     .
                  
                   
                     Cumque
                     praefatus
                     
                       Thomas
                       Sympson
                    
                     postea
                     ,
                     sc
                     .
                     termino
                     Sancti
                     Hillarii
                     ultimo
                     praeterito
                     venisset
                     in
                     Curia
                     nostra
                     suggerens
                     quod
                     praedictus
                     Christopherus
                     in
                     Curia
                     Admirallitatis
                     coram
                     vobis
                     Libellasset
                     quod
                     contractus
                     ille
                     fuit
                     ,
                     quod
                     una
                     pars
                     granorum
                     praedictorum
                     per
                     contract
                     .
                     illum
                     recipiend
                     .
                     fuisset
                     in
                     navem
                     praedictam
                     ad
                     quendam
                     locum
                     vocat
                     .
                     Emot-land
                     super
                     rivolum
                     de
                     Humer
                     ,
                     aliàs
                     Hull-water
                     ,
                     ubi
                     reverà
                     idem
                     Christopherus
                     libellavit
                     in
                     praedicta
                     Curia
                     Admirallitatis
                     coram
                     praefat
                     .
                     
                       Matthaeo
                       Dodsworth
                    
                     in
                     partibus
                     Borealibus
                     quod
                     contractus
                     ille
                     fuit
                     quod
                     grana
                     praedicta
                     accipienda
                     fuissent
                     in
                     eandem
                     navem
                     ad
                     praedicta
                     loca
                     vocat
                     .
                     Emot-land
                     &
                     
                       Good
                       Alehouse
                    
                     super
                     praedictum
                     rivolum
                     de
                     Hull
                     ,
                     aliàs
                     Hull-water
                     ,
                     &
                     non
                     super
                     rivolum
                     de
                     Humber
                     ,
                     aliàs
                     Hull-water
                     ,
                     &
                     ubi
                     revera
                     placitum
                     illud
                     super
                     eodem
                     libello
                     coram
                     vobis
                     per
                     viam
                     appellationis
                     praedictae
                     ,
                     per
                     praefat
                     .
                     
                       Thomam
                       Sympson
                    
                     in
                     forma
                     praedicta
                     protegunt
                     ,
                     tantummodo
                     pendebat
                     ,
                     &
                     non
                     aliter
                     ,
                     quandam
                     prohibitionem
                     nostram
                     in
                     eadem
                     Curia
                     nostra
                     coram
                     nobis
                     impetravit
                     &
                     vobis
                     dirigi
                     procuravit
                     ,
                     cujus
                     quidem
                     prohibitionis
                     nostrae
                     praetextu
                     vos
                     in
                     causa
                     praedicta
                     distulistis
                     &
                     adhuc
                     differtis
                     prout
                     decet
                     .
                     Nos
                     tamen
                     ob
                     causas
                     praedictas
                     superius
                     expressas
                     &
                     alias
                     defectiones
                     in
                     suggestione
                     ipsius
                     
                       Thomae
                       Sympson
                    
                     praedict
                     .
                     coram
                     nobis
                     penden
                     .
                     contend
                     .
                     nos
                     movend
                     .
                     Ac
                     simiciter
                     nolentes
                     per
                     hujusmodi
                     falsas
                     &
                     callidas
                     assertiones
                     placita
                     in
                     curia
                     Admirallitatis
                     praedicta
                     coram
                     vobis
                     penden
                     .
                     diutius
                     impediri
                     ,
                     vobis
                     significamus
                     quod
                     in
                     causa
                     praedicta
                     inter
                     partes
                     praedictas
                     licitè
                     procedere
                     poteritis
                     ,
                     ac
                     omnia
                     alia
                     facere
                     &
                     peragere
                     in
                     ea
                     parte
                     quae
                     ad
                     forum
                     Admirallitatis
                     noveritis
                     pertinere
                     brevi
                     nostro
                     de
                     prohibitione
                     inde
                     praedict
                     .
                     vobis
                     prius
                     in
                     contrarium
                     in
                     ea
                     parte
                     direct
                     .
                     in
                     aliquo
                     non
                     obstant
                     .
                  
                   
                     
                       
                       
                         T.
                         C.
                         Wray
                      
                       .
                       upud
                       .
                       Westm
                       .
                       
                         primo
                         die
                         Junii
                         Anno
                         nostri
                         regni
                         tricesimo
                         secundo
                         .
                      
                    
                     
                       Rooper
                       &
                       Rooper
                       .
                    
                  
                
              
            
          
           
             And
             in
             the
             same
             Queens
             Reign
             
               John
               Buckhurst
               infra
               fluxum
               &
               refluxum
               maris
               ,
            
             within
             the
             ebbing
             and
             flowing
             of
             the
             Sea
             upon
             the
             River
             of
             Thames
             ,
             arrested
             the
             Ship
             the
             
               Spark
               ,
               alias
            
             the
             Michael
             and
             John
             of
             Plymouth
             ,
             as
             belonging
             unto
             
               George
               Ascoth
            
             ,
             and
             citeth
             him
             
             
               in
               specie
            
             ,
             and
             all
             others
             
               in
               genere
            
             ,
             and
             libelleth
             ,
             that
             in
             the
             Moneths
             of
             
               August
               ,
               September
               ,
               &c.
            
             
             1597.
             the
             said
             
               George
               Ascoth
            
             was
             Owner
             of
             the
             said
             Ship
             ,
             and
             had
             an
             intent
             to
             make
             a
             voyage
             unto
             the
             parts
             beyond
             the
             Seas
             ,
             and
             to
             the
             effect
             of
             expediting
             the
             Voyage
             ,
             bought
             of
             him
             the
             said
             Buckhurst
             ,
             or
             his
             servant
             ,
             certain
             necessaries
             for
             his
             Voyage
             ,
             to
             the
             value
             of
             72
             l
             and
             received
             them
             ,
             and
             had
             them
             into
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             &c.
             
          
           
             
               Zacharias
               Ashton
            
             put
             in
             Bayl
             to
             answer
             the
             Action
             ,
             and
             had
             the
             Ship
             released
             ,
             and
             afterwards
             upon
             suggestion
             that
             upon
             the
             tenth
             of
             
               March
               ,
               39
               Eliz.
            
             for
             the
             space
             of
             two
             Months
             before
             
               George
               Ascoth
            
             was
             in
             the
             Parish
             of
             St.
             
               Mary
               le
               Bow
            
             ,
             in
             the
             Ward
             
               le
               Cheap
               London
            
             ,
             lawfully
             possessed
             of
             this
             Ship
             ,
             Tackle
             ,
             and
             Furniture
             ,
             and
             that
             upon
             the
             eleventh
             of
             March
             he
             sold
             her
             unto
             him
             for
             400
             l.
             and
             that
             the
             Ship
             belonged
             unto
             him
             :
             and
             thereupon
             obtained
             a
             Prohibition
             .
          
           
             
               The
               Prohibition
               alledgeth
               the
               Statutes
               of
               the
            
             13th
             of
             Richard
             
               the
               second
               ,
               the
            
             15th
             of
             Richard
             
               the
               second
               ,
               and
               the
               1.
               of
            
             Henry
             
               the
               fourth
            
             ,
             quodque
             post
             edictionem
             Statutorum
             praedictorum
             ,
             scilicet
             decimo
             Martii
             ,
             anno
             ,
             &c.
             apud
             London
             ,
             in
             parochia
             beatae
             Mariae
             de
             Arcubus
             in
             Warda
             de
             
               Cheap
               London
            
             ,
             ac
             per
             spatium
             duorum
             mensium
             ad
             tunc
             praeantea
             praedictus
             
               Georgius
               Ascogh
            
             legitimè
             possessionatus
             fuisset
             de
             nave
             praedicta
             vocat
             .
             
               The
               Spark
            
             ,
             alias
             
               The
               Michael
               and
               John
            
             ,
             portus
             de
             Plymouth
             ,
             ac
             apparat
             .
             accession
             .
             &
             ornament
             .
             ad
             eandem
             navem
             tunc
             spectan
             .
             ad
             valentiam
             trecentarum
             librarum
             monetae
             Angliae
             ,
             ut
             de
             bonis
             &
             catallis
             suis
             propriis
             ,
             &
             sic
             inde
             possessionatus
             existen
             .
             Idem
             Georgius
             postea
             ,
             scilicet
             undecimo
             die
             Martii
             ,
             anno
             superdicto
             apud
             London
             praedict
             .
             in
             Parochia
             &
             Warda
             praedictis
             pro
             summa
             quadringent
             .
             librarum
             legalis
             monetae
             Angliae
             ,
             eidem
             Georgio
             per
             praefatum
             Zachariam
             ,
             ad
             tunc
             solveret
             ,
             &c.
             contraxisset
             &
             vendidisset
             praefato
             
               Zachariae
               navem
            
             praedictam
             ac
             praedict
             .
             apparatus
             ,
             &c.
             
             Quodque
             praedictus
             
               Johannes
               Buckhurst
            
             inde
             non
             ignarus
             machinans
             cognitionem
             placitorum
             quae
             ad
             ,
             &c.
             quandam
             prohibitionem
             in
             Curia
             nostra
             coram
             nobis
             ,
             ne
             &c.
             prosequit
             fuerit
             ,
             &c.
             
          
           
             But
             no
             proof
             being
             made
             by
             the
             said
             Ashton
             that
             he
             had
             so
             bought
             the
             said
             Ship
             ,
             or
             that
             she
             was
             his
             ,
             and
             not
             the
             said
             Ascogh's
             ,
             and
             the
             said
             Court
             of
             Kings-Bench
             being
             informed
             that
             the
             effect
             and
             substance
             of
             the
             said
             Libel
             was
             as
             is
             before
             expressed
             ;
             and
             the
             Cause
             being
             held
             and
             adjudged
             cognoscible
             in
             the
             Admiralty
             Court
             ,
             a
             Consultation
             was
             awarded
             ,
             which
             saith
             that
             the
             Prohibition
             was
             in
             
               Johannis
               Buckhurst
               ,
               grave
               damnum
               &
               libertatis
               Curiae
               Admirallitatis
               laesionem
               manifestam
            
             ;
             to
             the
             grievous
             damage
             of
             the
             said
             Buckhurst
             ,
             and
             manifest
             wrong
             of
             the
             liberty
             of
             the
             Admiralty
             Court
             ,
             and
             therefore
             concluded
             as
             the
             former
             did
             ,
             with
             a
             
               Nolentes
               
               cognitionem
               quae
               ad
               Curiam
               Admirallitatis
               pertinet
               in
               hac
               parte
               per
               hujusmodi
               falsas
               &
               callidas
               assertiones
               diutius
               impediri
               ,
               &c.
               
            
          
           
             In
             the
             Body
             of
             which
             Consultation
             ,
             the
             effect
             and
             substance
             of
             the
             Libel
             is
             thus
             exprest
             .
          
           
             Inprimis
             videlicet
             quod
             mensibus
             
               Augusti
               ,
               Septembris
            
             ,
             &c.
             Anno
             Domini
             millesimo
             quingentesimo
             nonagesimo
             septimo
             jam
             curren
             .
             eorumvè
             mensium
             quolibet
             pluribus
             ,
             uno
             sive
             aliquo
             ,
             praefatus
             
               Georgius
               Ascogh
            
             fuit
             ,
             erat
             nec
             non
             tempore
             aresti
             ab
             hac
             Curia
             interposit
             .
             ac
             in
             praesenti
             est
             Dom.
             Proprietarius
             &
             legitimus
             possessor
             navis
             vocat
             .
             
               The
               Spark
            
             ,
             alias
             
               The
               Michael
               &
               John
            
             ,
             portus
             Plymothiae
             ejusque
             apparatus
             &
             ornamentorum
             ,
             seu
             saltem
             mediatatis
             ,
             seu
             alicujus
             partis
             dictae
             navis
             ,
             proque
             tali
             ,
             &
             ut
             talis
             fuit
             &
             erat
             cōmuniter
             dictus
             tentus
             habitus
             nominatus
             &
             reputatus
             .
             Item
             quod
             annis
             &
             mensibus
             praedictis
             eorumve
             uno
             sive
             aliquo
             ,
             praefatus
             
               Georgius
               Ascogh
            
             intentionem
             habuit
             profectionem
             faciendi
             in
             partes
             ultra
             marinas
             ,
             &
             ad
             effectum
             expediendi
             viagium
             sive
             profectionem
             praedictam
             ,
             &
             paulo
             ante
             decessum
             ejusdem
             pro
             necessariis
             quibusdam
             suis
             ,
             &
             in
             itinere
             sive
             viaagio
             praedicto
             ab
             antedicto
             
               Johanne
               Buckhurst
            
             ,
             aut
             ejus
             famulo
             ad
             usum
             ejusdem
             Georgii
             nonnulla
             bona
             ad
             valentiam
             septuaginta
             duarum
             librarum
             legalis
             monetae
             Angliae
             ,
             &c.
             
          
           
             In
             the
             same
             manner
             
               John
               Fox
            
             arrested
             the
             same
             Ship
             upon
             the
             River
             of
             Thames
             ,
             as
             belonging
             unto
             the
             said
             
               George
               Ascogh
            
             ,
             and
             libelled
             against
             the
             said
             Aschogh
             in
             the
             same
             manner
             ,
             for
             certain
             necessaries
             sold
             unto
             him
             to
             the
             value
             of
             50
             l.
             which
             he
             received
             ,
             and
             had
             into
             his
             possession
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             and
             the
             said
             
               Zachary
               Ashton
            
             put
             in
             Bayl
             to
             the
             said
             Action
             in
             such
             manner
             as
             in
             the
             other
             Cause
             ,
             and
             afterwards
             upon
             the
             like
             suggestion
             made
             unto
             the
             said
             Court
             of
             the
             Kings-Bench
             ,
             as
             he
             had
             there
             made
             in
             the
             said
             former
             Cause
             ,
             he
             likewise
             obtained
             a
             Prohibition
             in
             this
             Cause
             as
             in
             the
             other
             ;
             but
             the
             said
             Court
             being
             likewise
             by
             the
             Libel
             in
             this
             Cause
             informed
             of
             the
             nature
             of
             the
             Cause
             ,
             a
             Consultation
             was
             awarded
             in
             this
             Cause
             as
             in
             the
             other
             ,
             and
             concludeth
             in
             like
             manner
             as
             the
             other
             did
             ,
             that
             the
             said
             Prohibition
             was
             in
             
               grave
               damnum
               Johannis
               Fox
               ,
               &
               libertatis
               Curiae
               Admirallitatis
               laesionem
               manifestam
               ,
            
             and
             with
             a
             
               Nolentes
               ,
               &c.
            
             as
             in
             the
             former
             ,
             and
             both
             the
             suggestion
             ,
             and
             substance
             and
             effect
             of
             the
             said
             Libel
             are
             inserted
             in
             the
             body
             of
             the
             Consultation
             upon
             the
             File
             in
             the
             Registry
             of
             the
             Admiralty
             with
             the
             others
             ,
             as
             it
             and
             they
             came
             directed
             from
             the
             said
             Court
             of
             Kings
             Bench
             thither
             under
             seal
             .
          
           
             42
             
               Elizab.
               William
               Rolfe
            
             of
             Woolwich
             in
             the
             County
             of
             Kent
             did
             contract
             and
             agree
             with
             
               Thomas
               Freeman
            
             Shipwright
             ,
             upon
             a
             certain
             rate
             for
             day-wages
             for
             himself
             and
             his
             Servants
             ,
             and
             for
             certain
             
             other
             materials
             or
             necessaries
             for
             and
             towards
             the
             building
             of
             a
             certain
             Ship
             or
             Pinnace
             for
             him
             the
             said
             
               William
               Rolfe
            
             ,
             according
             to
             which
             agreement
             the
             said
             Freeman
             ,
             and
             one
             
               Arthur
               Argill
            
             and
             others
             ,
             as
             his
             Servants
             did
             afterwards
             in
             the
             Moneth
             of
             April
             in
             that
             year
             at
             Woolwich
             in
             the
             County
             of
             Kent
             for
             divers
             dayes
             labor
             in
             performance
             of
             the
             said
             work
             in
             their
             Art
             ,
             about
             the
             structure
             or
             building
             of
             a
             small
             Ship
             or
             Pinnace
             for
             the
             said
             William
             ,
             and
             built
             a
             great
             part
             of
             the
             same
             ;
             and
             the
             said
             Ship
             or
             Pinnace
             being
             built
             ,
             she
             was
             named
             or
             called
             by
             the
             said
             William
             ,
             The
             Anne
             and
             Francis
             ,
             and
             the
             said
             William
             being
             in
             possession
             of
             her
             as
             his
             own
             proper
             Vessel
             ,
             and
             standing
             so
             possest
             ,
             he
             afterwards
             ,
             to
             wit
             upon
             the
             eighth
             day
             of
             March
             in
             the
             43
             year
             of
             the
             said
             Queen
             ,
             at
             Woolwich
             aforesaid
             in
             the
             County
             of
             Kent
             ,
             for
             a
             certain
             summe
             of
             money
             unto
             him
             then
             and
             there
             paid
             by
             one
             
               Hugh
               Lydyard
            
             ,
             sold
             and
             delivered
             the
             said
             Ship
             unto
             him
             the
             said
             Hugh
             ,
             by
             which
             means
             the
             said
             Hugh
             upon
             the
             said
             eighth
             of
             March
             in
             the
             year
             aforesaid
             became
             possessed
             of
             the
             said
             Ship
             or
             Vessel
             ,
             as
             his
             proper
             Ship
             or
             Vessel
             ;
             and
             the
             said
             
               Thomas
               Freeman
            
             caused
             the
             said
             Ship
             or
             Vessel
             being
             upon
             the
             River
             of
             Thames
             ,
             to
             be
             arrested
             ,
             by
             which
             means
             the
             said
             
               Hugh
               Lydyard
            
             was
             constrained
             to
             appear
             in
             the
             
               Admiralty
               Court
            
             ,
             and
             to
             answer
             unto
             the
             said
             
               Tho.
               Freeman
            
             after
             upon
             a
             Contract
             of
             or
             concerning
             the
             retaining
             or
             hyring
             him
             the
             said
             Thomas
             ,
             being
             the
             Shipwright
             ,
             to
             make
             &
             build
             the
             said
             Ship
             ,
             and
             of
             and
             concerning
             several
             promises
             and
             undertakings
             of
             the
             said
             Hugh
             and
             William
             made
             unto
             the
             said
             Thomas
             in
             the
             Moneths
             of
             
               March
               ,
               April
               ,
               &c.
            
             in
             the
             year
             ,
             &c.
             concerning
             the
             payment
             of
             divers
             summes
             of
             money
             to
             be
             paid
             unto
             the
             said
             Thomas
             for
             his
             Wages
             and
             Salary
             ,
             for
             his
             work
             about
             the
             structure
             and
             building
             of
             the
             said
             Ship
             or
             Vessel
             ,
             and
             for
             meat
             and
             drink
             of
             other
             Workmen
             that
             wrought
             upon
             the
             said
             work
             ,
             and
             for
             other
             necessaries
             for
             the
             fitting
             of
             the
             said
             Ship
             ,
             bought
             and
             bestowed
             thereon
             by
             the
             said
             Thomas
             .
          
           
             The
             said
             
               Hugh
               Lydyard
            
             alleaging
             the
             Statutes
             of
             the
             13
             and
             15
             of
             Richard
             the
             second
             ,
             and
             the
             2d
             .
             of
             Henry
             the
             fourth
             unto
             the
             Court
             of
             Common-pleas
             ,
             and
             there
             suggesting
             the
             same
             fact
             ,
             and
             further
             suggesting
             the
             same
             to
             be
             done
             ,
             and
             the
             said
             Contracts
             to
             be
             made
             within
             the
             body
             of
             the
             County
             of
             Kent
             ,
             and
             not
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ;
             &
             that
             therefore
             the
             Action
             was
             brought
             contrary
             to
             the
             form
             of
             the
             said
             Statutes
             ,
             and
             procured
             a
             Prohibition
             to
             the
             Court
             of
             the
             Admiralty
             ;
             but
             upon
             consideration
             of
             the
             whole
             matter
             ,
             the
             said
             Court
             upon
             the
             last
             day
             of
             January
             in
             the
             45th
             year
             of
             the
             said
             Queens
             Reign
             awarded
             a
             
             Consultation
             ,
             and
             remitted
             the
             said
             Cause
             to
             the
             Admiralty
             Court.
             
          
           
             And
             now
             in
             regard
             that
             the
             fact
             in
             this
             case
             was
             agreed
             on
             both
             sides
             ,
             and
             therefore
             no
             repetition
             made
             of
             the
             Libel
             in
             the
             Body
             of
             the
             Consultation
             ,
             the
             right
             of
             jurisdiction
             and
             power
             of
             the
             cognizance
             of
             the
             cause
             being
             only
             in
             question
             ,
             and
             in
             regard
             this
             Prohibition
             and
             Consultation
             issued
             out
             of
             the
             Court
             of
             Common-pleas
             ,
             and
             the
             former
             mentioned
             out
             of
             the
             Kings's-Bench
             ,
             take
             this
             Consultation
             at
             large
             as
             it
             came
             to
             ,
             and
             remaineth
             in
             the
             Registry
             of
             the
             Admiralty
             .
          
           
             
               
                 
                   
                     Elizabetha
                     Dei
                     gratiâ
                     
                       Angliae
                       ,
                       Franciae
                    
                     ,
                     &
                     Hiberniae
                     ,
                     Regina
                     fidei
                     defensor
                     ,
                     &c.
                     
                     Dilecto
                     sibi
                     
                       Julio
                       Caesari
                    
                     Legum
                     Doctori
                     à
                     libellis
                     supplicum
                     nostrorum
                     Magistrorum
                     uni
                     Curiae
                     nostrae
                     Admiralitatis
                     Angliae
                     Judici
                     sive
                     praesiden
                     .
                     ac
                     locum
                     tenen
                     .
                     ejusdem
                     legitime
                     constitut
                     .
                     aut
                     ,
                     &c.
                     salutem
                     .
                     Cum
                     
                       Hugo
                       Lydyard
                    
                     Gen.
                     in
                     Curiâ
                     nostrâ
                     coram
                     Justiciariis
                     nostris
                     apud
                     West
                     .
                     suggerit
                     quod
                     cum
                     per
                     quendam
                     actum
                     in
                     Parliamento
                     Domini
                     Richardi
                     nuper
                     Regis
                     Angliae
                     secundi
                     post
                     conquestum
                     apud
                     Westm
                     .
                     anno
                     Regni
                     sui
                     tertio
                     decimo
                     tent
                     .
                     edita
                     inter
                     alia
                     inactitata
                     sub
                     authoritate
                     ejusdem
                     Parlimenti
                     ,
                     quod
                     Admiralli
                     et
                     eorum
                     Deputati
                     se
                     ex
                     tunc
                     de
                     aliqua
                     refacta
                     infra
                     regnum
                     Angliae
                     ,
                     nisi
                     solumodo
                     de
                     rebus
                     factis
                     super
                     altum
                     mare
                     ,
                     prout
                     tempore
                     Domini
                     Edvardi
                     Regis
                     avi
                     praedicti
                     quondam
                     Regis
                     Richardi
                     secundi
                     usum
                     fuisset
                     nullatenus
                     intromittant
                     ,
                     cumque
                     etiam
                     per
                     quendum
                     alium
                     actum
                     in
                     Parliamento
                     praedicti
                     quondam
                     Regis
                     Richardi
                     secundi
                     anno
                     regni
                     sui
                     quinto
                     decimo
                     tent
                     .
                     edit
                     .
                     inter
                     caetera
                     declarat
                     .
                     ordinat
                     .
                     &
                     stabilat
                     .
                     suisset
                     authoritate
                     ejusdem
                     Parliamenti
                     ,
                     quod
                     de
                     omnibus
                     contractis
                     ,
                     placitis
                     &
                     querelis
                     ,
                     ac
                     de
                     omnibus
                     aliis
                     rebus
                     factis
                     ,
                     sive
                     emergentibus
                     infra
                     corpus
                     Comitatus
                     ,
                     tàm
                     per
                     terram
                     quàm
                     per
                     aquam
                     ,
                     ac
                     etiam
                     de
                     wrecco
                     maris
                     Curia
                     Admirallitatis
                     nullam
                     habeat
                     cognitionem
                     ,
                     potestatem
                     nec
                     jurisdictionem
                     ,
                     sed
                     quod
                     essent
                     omnia
                     hujusmodis
                     contract
                     .
                     placita
                     &
                     querelae
                     ,
                     ac
                     omnia
                     alia
                     emergentia
                     infra
                     corpora
                     Comitat.
                     tam
                     per
                     terram
                     quàm
                     per
                     aquam
                     ,
                     ut
                     praedictum
                     est
                     ,
                     ac
                     etiam
                     wreccum
                     maris
                     triat
                     .
                     terminat
                     .
                     discuss
                     .
                     &
                     remediat
                     .
                     per
                     leges
                     terrae
                     ,
                     &
                     non
                     coram
                     Admirallo
                     ,
                     nec
                     per
                     Admirallum
                     ,
                     nec
                     ejus
                     locum
                     tenentem
                     ,
                     quodque
                     post
                     edictionem
                     statutorum
                     praedictorum
                     sc
                     .
                     primo
                     die
                     Aprilis
                     ,
                     Anno
                     regni
                     nostri
                     quadragesimo
                     secundo
                     ,
                     Quidam
                     
                       Willielmus
                       Rolfe
                    
                     apud
                     Woolwich
                     in
                     Comitatu
                     Cantiae
                     infra
                     corpus
                     ejusdem
                     Comitatus
                     ,
                     &
                     non
                     super
                     altum
                     mare
                     ,
                     nec
                     infra
                     jurisdictionem
                     Admirallitatis
                     retinuisset
                     quendam
                     
                       Thomam
                       Freeman
                    
                     tunc
                     naupegum
                     existen
                     .
                     ad
                     quandam
                     naviculam
                     vocat
                     .
                     
                       a
                       Pinnace
                    
                     pro
                     eodem
                     Willielmo
                     construend
                     .
                     &
                     fabricand
                     .
                     vel
                     saltem
                     in
                     structurâ
                     &
                     fabricatione
                     hujusmodi
                     naviculae
                     ad
                     laborand
                     .
                     &
                     operam
                     navand
                     .
                     per
                     se
                     &
                     servien
                     .
                     suos
                     in
                     arte
                     suâ
                     pro
                     merced
                     .
                     per
                     diem
                     eidem
                     Thomae
                     per
                     praefatum
                     Willielmum
                     solvend
                     .
                     virtute
                     cujus
                     retentionis
                     idem
                     Thomas
                     &
                     quidam
                     
                       Arthurus
                       Argill
                    
                     &
                     alii
                     ut
                     
                     servien
                     .
                     sui
                     postea
                     ,
                     scilicet
                     sexto
                     die
                     ejusdem
                     mensis
                     Aprilis
                     apud
                     Woolwich
                     praedictam
                     ,
                     in
                     praedicto
                     Comitatu
                     Cantiae
                     infra
                     corpus
                     ejusdem
                     Comitatus
                     ,
                     &
                     non
                     super
                     altum
                     mare
                     ,
                     nec
                     infra
                     jurisdictionem
                     Ad●irallitatis
                     ,
                     in
                     &
                     circa
                     structuram
                     &
                     fabricationem
                     unius
                     naviculae
                     praedicto
                     Willielmo
                     per
                     diversos
                     dies
                     laboraverer
                     '
                     .
                     &
                     operam
                     navar
                     '
                     an
                     arte
                     suâ
                     &
                     magnam
                     partem
                     naviculae
                     illius
                     construxerunt
                     ,
                     cujus
                     praetextu
                     navicula
                     illa
                     apud
                     Woolwich
                     praedict
                     .
                     infra
                     corpus
                     Comitatus
                     praedicti
                     constructa
                     fuit
                     ,
                     quae
                     quidem
                     navicula
                     postea
                     denominat
                     .
                     &
                     appellat
                     .
                     fuit
                     per
                     praefatum
                     
                       Willielmum
                       ,
                       The
                       Anne
                       and
                       Francis
                    
                     ;
                     ac
                     quod
                     idem
                     Willielmus
                     sic
                     de
                     navicula
                     illa
                     fuit
                     possessionat
                     .
                     ut
                     de
                     navicula
                     propria
                     ,
                     &
                     sic
                     inde
                     possessionat
                     .
                     existen
                     .
                     idem
                     Willielmus
                     ,
                     postea
                     ,
                     scilicet
                     octavo
                     die
                     Martii
                     anno
                     quadragesimo
                     tertio
                     supradicto
                     ,
                     apud
                     Woolwich
                     praedictam
                     infra
                     corpus
                     Com.
                     Cantiae
                     ,
                     praedictae
                     ,
                     &
                     non
                     super
                     altum
                     mare
                     ,
                     nec
                     infra
                     jurisdictionem
                     Admirallitatis
                     naviculam
                     praedictam
                     pro
                     quadam
                     pecuniae
                     summa
                     ei
                     tunc
                     ibidem
                     per
                     ipsum
                     Hugonem
                     solut
                     .
                     vendidit
                     ,
                     &
                     deliberavit
                     eidem
                     Hugoni
                     ,
                     per
                     quod
                     idem
                     Hugo
                     praedicto
                     octavodie
                     Martii
                     anno
                     quadragesimo
                     tertio
                     superdicto
                     apud
                     Woolwich
                     praedictam
                     ,
                     videlicet
                     in
                     rivo
                     Thamisiae
                     infra
                     corpus
                     ejusdem
                     Com.
                     Can.
                     possessionat
                     .
                     fuisset
                     de
                     eadem
                     navicula
                     appellat
                     .
                     
                       The
                       Anne
                       and
                       Francis
                    
                     ,
                     ut
                     de
                     navicula
                     sua
                     propria
                     ;
                     praedictus
                     tamen
                     
                       Thomas
                       Freeman
                    
                     statut
                     .
                     &
                     leges
                     praedict
                     .
                     minimè
                     ponderans
                     ,
                     nec
                     non
                     diversa
                     statut
                     .
                     contra
                     levationem
                     ,
                     sustentionem
                     &
                     manutentionem
                     querelarum
                     &
                     sectarum
                     in
                     pria
                     .
                     vel
                     alibi
                     nuper
                     edit
                     .
                     &
                     provis
                     .
                     minime
                     verens
                     ,
                     sed
                     contra
                     eadem
                     machinans
                     dictum
                     Hugonem
                     indebite
                     pergravare
                     ,
                     opprimere
                     &
                     fatigare
                     naviculam
                     ipsius
                     Hugonis
                     praedictam
                     in
                     rivo
                     Thamisiae
                     praedicte
                     ,
                     vidlicet
                     apud
                     Woolwich
                     infra
                     corpus
                     praedict
                     .
                     Com.
                     Canc.
                     caute
                     &
                     subdole
                     sub
                     nomine
                     &
                     specie
                     naviculi
                     praedicti
                     
                       Willielmi
                       Rolfe
                    
                     per
                     ministros
                     praenobilis
                     Caroli
                     Comitis
                     Nottingham
                     .
                     Baronis
                     Howard
                     de
                     Effingham
                     praeclari
                     ordinis
                     Garterii
                     Militis
                     dom
                     .
                     locum
                     tenentem
                     nostri
                     Comitat.
                     nostrorum
                     Sussex
                     &
                     Surrey
                     Constabular
                     .
                     nostri
                     honor
                     &
                     Castri
                     nostrorum
                     de
                     Windesor
                     .
                     Dom.
                     magni
                     Admiralli
                     
                       Angliae
                       ,
                       Hiberniae
                    
                     ,
                     &
                     Walliae
                     ,
                     ac
                     dominiorum
                     &
                     insularum
                     ,
                     eorumve
                     villae
                     Calisiae
                     ,
                     &
                     Merchiarum
                     ejusdem
                     
                       Norman
                       .
                       Gascon
                    
                     .
                     &
                     Aquitan
                     .
                     classique
                     &
                     marin
                     .
                     dictorum
                     regnorum
                     Angliae
                     &
                     Hiberniae
                     praefecti
                     general
                     .
                     distringi
                     &
                     attachiari
                     fecit
                     ,
                     ac
                     capi
                     &
                     attachiari
                     procuravit
                     ,
                     ac
                     eo
                     praetextu
                     praedictum
                     Hugonem
                     coram
                     vobis
                     apud
                     Southwark
                     in
                     Com.
                     Surrey
                     comparere
                     &
                     interesse
                     astrinxit
                     ipsum
                     Hugonem
                     ad
                     respondend
                     .
                     coram
                     vobis
                     praefat
                     .
                     
                       Thomae
                       Freeman
                    
                     ,
                     de
                     quibusdam
                     contractibus
                     suppositu
                     .
                     inter
                     dictum
                     
                       Thomam
                       Freeman
                    
                     ,
                     ex
                     una
                     parte
                     ,
                     &
                     eundem
                     Hugonem
                     &
                     praefatum
                     
                       Willielmum
                       Rolfe
                    
                     separatim
                     ex
                     altera
                     ,
                     fuisse
                     fact
                     ,
                     infra
                     jurisdictionem
                     Admirallitatis
                     de
                     &
                     concernen
                     .
                     retentione
                     praedcti
                     Thomae
                     tunc
                     naupegi
                     existen
                     .
                     ad
                     construend
                     .
                     &
                     fabricand
                     .
                     naviculam
                     praedictam
                     ,
                     ac
                     de
                     &
                     concernen
                     .
                     separales
                     promissiones
                     &
                     assumptiones
                     praedictorum
                     Hugonis
                     &
                     Willielmi
                     eidem
                     Thomae
                     
                     fieri
                     supponit
                     ,
                     mensibus
                     
                       Martii
                       ,
                       Aprilis
                       ,
                       Maii
                       ,
                       Junii
                       ,
                       Julii
                       ,
                       Augusti
                       ,
                    
                     &
                     Septembris
                     ,
                     Anno
                     Domini
                     millesimo
                     sexcentesimo
                     ,
                     eorumve
                     mensium
                     quolibet
                     uno
                     sive
                     aliquo
                     de
                     solutione
                     diversarum
                     denariorum
                     summarum
                     eidem
                     Thomae
                     fiend
                     .
                     tam
                     pro
                     mercede
                     &
                     salario
                     suis
                     pro
                     operâ
                     suâ
                     ,
                     in
                     &
                     circa
                     structuram
                     &
                     fabricationem
                     naviculae
                     illius
                     faciend
                     .
                     quam
                     pro
                     salario
                     esculent
                     .
                     &
                     poculent
                     .
                     aliorum
                     opificum
                     in
                     eadem
                     opera
                     laborant
                     .
                     ac
                     pro
                     maeremo
                     ,
                     cepo
                     ,
                     &
                     aliis
                     necessariis
                     pro
                     navicula
                     illa
                     construend
                     .
                     per
                     ipsum
                     Thomam
                     empt
                     .
                     &
                     impens
                     .
                     conabatur
                     &
                     machinabatur
                     ,
                     idemque
                     
                       Thomas
                       Freeman
                    
                     in
                     eadem
                     Curia
                     Admirallitatis
                     totis
                     viribus
                     contra
                     ipsum
                     Hugonem
                     in
                     praemissis
                     prosequebatur
                     caute
                     et
                     subdole
                     in
                     eadem
                     Curia
                     Admirallitatis
                     libellando
                     versus
                     ipsum
                     Hugonem
                     ,
                     et
                     praefatum
                     
                       Willielmum
                       Rolfe
                    
                     ;
                     inter
                     alia
                     quod
                     ipse
                     idem
                     
                       Thomas
                       Freeman
                    
                     spem
                     alias
                     ad
                     recuperand
                     .
                     quasdam
                     denariorum
                     summas
                     quas
                     idem
                     Thomas
                     versus
                     praefatum
                     Hugonem
                     tunc
                     in
                     eadem
                     Curia
                     Admirallitatis
                     ex
                     separabilibus
                     causis
                     &
                     contractibus
                     praedictis
                     exigebat
                     nisi
                     per
                     arrestationem
                     naviculae
                     praedictae
                     nullo
                     modo
                     habuit
                     ,
                     ideo
                     eandem
                     naviculam
                     infra
                     jurisdictionem
                     Admirallitatis
                     Angliae
                     authoritate
                     Curiae
                     illius
                     Arrestari
                     fecit
                     ,
                     ac
                     praedictus
                     
                       Thomas
                       Freeman
                    
                     praetextu
                     praemissorum
                     ipsum
                     Hugonem
                     per
                     diffinitivam
                     dictae
                     Curiae
                     Admirallitatis
                     sententiam
                     de
                     &
                     super
                     praemissis
                     condemnari
                     fecit
                     ,
                     ac
                     eundem
                     Hugonem
                     ad
                     solvend
                     .
                     denar
                     .
                     per
                     praefatum
                     Thomam
                     in
                     eadem
                     Curia
                     Admirallitatis
                     petit
                     .
                     per
                     executionem
                     sententiae
                     praedictae
                     compellere
                     ,
                     vel
                     saltem
                     eos
                     de
                     naviculâ
                     ipsius
                     Hugonis
                     praedicta
                     levari
                     totis
                     suis
                     viribus
                     conabatur
                     &
                     indies
                     machinabatur
                     in
                     nostri
                     contemptum
                     &
                     ipsius
                     Hugonis
                     dampnum
                     ,
                     praejudicium
                     ,
                     depauperationem
                     &
                     gravamen
                     manifest
                     .
                     &
                     contra
                     formam
                     &
                     effectum
                     statutorum
                     praedictorum
                     ,
                     cujus
                     praetextu
                     nos
                     quandam
                     prohibitionem
                     ad
                     petitionem
                     praefat
                     .
                     Hugonis
                     con-cessimus
                     ,
                     &
                     illam
                     vobis
                     dirigi
                     fecimus
                     ,
                     cujus
                     praetextu
                     ,
                     vos
                     in
                     causa
                     praedicta
                     procedere
                     distulistis
                     ,
                     &
                     adhuc
                     differtis
                     ;
                     quibusdam
                     tamen
                     de
                     causis
                     Justic
                     .
                     nostris
                     apud
                     Westm
                     .
                     specialiter
                     moven
                     .
                     vobis
                     significamus
                     quod
                     vos
                     in
                     praemissis
                     legitimè
                     procedere
                     poteritis
                     Brevi
                     nostro
                     de
                     prohibitione
                     vobis
                     inde
                     directo
                     in
                     aliquo
                     non
                     obstan
                     .
                  
                   
                     
                       
                       T.
                       E.
                       Anderson
                       apud
                       Westm
                       .
                       
                         tricesimo
                         primo
                         die
                         Januarii
                         ,
                         Anno
                         regni
                         quadragesimo
                         quinto
                         .
                      
                    
                     
                       Cuick
                       Scot.
                       
                    
                  
                
              
            
          
           
             Now
             it
             hereby
             appeareth
             ,
             that
             though
             this
             Contract
             was
             made
             at
             land
             ,
             and
             the
             Ship
             built
             at
             land
             ,
             yet
             because
             both
             the
             Contract
             and
             work
             did
             arise
             from
             the
             Sea
             ,
             sayling
             and
             transportation
             of
             Men
             ,
             Wares
             ,
             and
             Merchandizes
             ,
             being
             the
             principal
             or
             only
             end
             both
             of
             the
             contract
             and
             the
             work
             ,
             and
             the
             Ship
             being
             to
             be
             imployed
             at
             sea
             ,
             both
             the
             contract
             and
             the
             work
             were
             adjudged
             to
             be
             within
             the
             jurisdiction
             and
             cognizance
             of
             the
             Admiralty
             .
          
           
             Yet
             must
             I
             not
             let
             one
             observation
             slip
             ,
             which
             is
             here
             to
             be
             observed
             ;
             and
             that
             is
             ,
             that
             this
             Consultation
             and
             all
             others
             which
             
             repeat
             those
             Prohibitions
             which
             have
             been
             founded
             upon
             the
             3.
             before
             mentioned
             Statutes
             ,
             shew
             that
             all
             those
             Prohibitions
             have
             in
             their
             Latine
             rendred
             the
             Statute
             of
             the
             13th
             of
             Richard
             the
             second
             ,
             to
             prohibit
             the
             Admiral
             for
             medling
             with
             any
             thing
             but
             a
             thing
             done
             
               super
               altum
               mare
            
             ,
             upon
             the
             high
             Sea
             ;
             whereas
             Poulton's
             Translation
             rendreth
             it
             only
             upon
             the
             Sea
             ;
             and
             the
             original
             rendereth
             only
             
               sur
               le
               meer
            
             ,
             which
             is
             upon
             the
             sea
             in
             general
             ,
             as
             well
             one
             part
             as
             another
             ,
             as
             well
             upon
             an
             arme
             of
             it
             ,
             as
             upon
             any
             part
             else
             of
             the
             Body
             ;
             
             besides
             what
             follows
             ,
             
               viz.
               Solonc
               ce
               que
               ad
               estre
               duement
               use
               en
               temps
               du
               noble
               Roy
            
             Edward
             
               ail
               nostre
            
             ,
             as
             I
             have
             already
             observed
             ,
             and
             shall
             therefore
             pass
             to
             the
             next
             .
          
           
             
               Richard
               Husbands
            
             of
             London
             ,
             Draper
             ,
             sold
             unto
             
               Adam
               Bonner
            
             ,
             Master
             and
             Owner
             of
             one
             sixteenth
             part
             of
             the
             Ship
             the
             Advantage
             of
             London
             ,
             certain
             cloth
             for
             the
             use
             of
             that
             Ship
             ,
             to
             the
             value
             of
             twenty
             pounds
             ;
             the
             money
             not
             being
             paid
             ,
             Husbands
             arresteth
             this
             sixteenth
             part
             of
             the
             said
             Ship
             ,
             with
             Tackle
             and
             Furniture
             thereunto
             belonging
             ,
             and
             citeth
             Bonner
             specially
             ,
             and
             all
             others
             in
             general
             to
             answer
             unto
             him
             in
             the
             Admiralty
             Court
             for
             the
             said
             Debt
             .
             Bonner
             dieth
             ,
             Rachel
             his
             Wife
             taketh
             Administration
             ,
             and
             the
             Suit
             proceeds
             against
             her
             .
          
           
             
               Richard
               Dove
            
             Owner
             of
             the
             other
             parts
             or
             residue
             of
             the
             said
             Ship
             became
             Bayl
             for
             the
             said
             Bonners
             sixteenth
             part
             .
             And
             afterwards
             upon
             suggestion
             in
             the
             Kings
             Bench
             ,
             that
             the
             Debt
             was
             for
             cloth
             and
             other
             things
             bought
             by
             the
             said
             Bonner
             of
             the
             said
             Husbands
             in
             
               Cheapside
               London
            
             ,
             and
             that
             the
             said
             Ship
             being
             freighted
             and
             laden
             in
             the
             Parish
             of
             St.
             
               Mary
               Bow
            
             in
             the
             Ward
             of
             
               Cheap
               London
            
             ,
             with
             Provision
             of
             the
             Queens
             to
             go
             for
             Ireland
             ,
             was
             there
             arrested
             by
             the
             said
             Husbands
             ,
             and
             alleaging
             that
             the
             said
             Action
             was
             brought
             in
             the
             Admiralty
             Court
             by
             the
             said
             Husbands
             against
             the
             said
             Bonner
             ,
             contrary
             to
             the
             three
             before
             mentioned
             Statutes
             ,
             &c.
             
             And
             thereupon
             obtained
             a
             Prohibition
             .
             But
             upon
             due
             information
             made
             unto
             the
             said
             Court
             ,
             setting
             forth
             the
             effect
             and
             contents
             of
             the
             Libel
             ,
             a
             Consultation
             was
             npon
             the
             25th
             of
             April
             ,
             in
             the
             third
             year
             of
             King
             James
             awarded
             ,
             and
             the
             cause
             returned
             unto
             the
             said
             Court
             of
             the
             Admiralty
             ,
             there
             to
             be
             duly
             proceeded
             in
             ▪
             The
             Consultation
             plainly
             expressing
             that
             the
             matter
             contained
             in
             the
             Suggestion
             was
             no
             wayes
             sufficient
             to
             maintain
             the
             Prohibition
             .
             The
             Consultation
             runneth
             thus
             .
          
           
             
               
                 
                   
                     Jacobus
                     Dei
                     gratiâ
                     Angliae
                     ,
                     &c
                     venerabili
                     &
                     egregio
                     viro
                     
                       Julio
                       Caesari
                    
                     .
                     Monstravit
                     nobis
                     
                       Richardus
                       Husbands
                    
                     de
                     
                       London
                       ,
                       Draper
                    
                     ,
                     quod
                     cum
                     ipse
                     idem
                     Richardus
                     in
                     Curia
                     nostra
                     coram
                     vobis
                     per
                     processum
                     
                     extra
                     dictam
                     Curiam
                     Admirallitatis
                     praedictae
                     debito
                     modo
                     confect
                     '
                     emanan
                     .
                     arrestari
                     procurasset
                     decimam
                     sextam
                     partem
                     cujusdam
                     navis
                     vocat
                     '
                     
                       The
                       Advantage
                       of
                       London
                    
                     ,
                     ac
                     apparatuum
                     ,
                     &c.
                     
                     Et
                     ulterius
                     citari
                     procurasset
                     quendum
                     
                       Adamum
                       Bonner
                    
                     Dom.
                     &c.
                     in
                     specie
                     ,
                     ac
                     omnes
                     alios
                     quoscunque
                     ,
                     jus
                     ,
                     titulum
                     &
                     interesse
                     haben
                     .
                     in
                     genere
                     ,
                     vel
                     haberi
                     praetenden
                     .
                     &c.
                     praefato
                     
                       Richardo
                       Husbands
                    
                     de
                     &
                     pro
                     quol
                     '
                     debito
                     viginti
                     librarum
                     eidem
                     
                       Richardo
                       Husbands
                    
                     &c.
                     per
                     quend
                     '
                     contract
                     '
                     &c.
                     infra
                     jurisdictionem
                     Admirallitatis
                     Angliae
                     factum
                     debite
                     responsur
                     '
                     postea
                     pendente
                     secla
                     illa
                     praedictus
                     
                       Adamus
                       Bonner
                    
                     obiit
                     intestat
                     .
                     &
                     post
                     mortem
                     Administratio
                     ,
                     &c.
                     
                  
                   
                     Quidam
                     
                       Richardus
                       Dove
                    
                     suggerens
                     in
                     Curia
                     nostra
                     coram
                     vobis
                     quòd
                     cum
                     in
                     statuto
                     in
                     Parliamento
                     Dom.
                     Richardi
                     nuper
                     Regis
                     Angliae
                     secundi
                     ,
                     &c.
                     
                       setting
                       forth
                       the
                       three
                       before
                       metioned
                       Statutes
                       .
                    
                     Quodque
                     vicesimo
                     die
                     Novembris
                     ,
                     anno
                     regni
                     Dominae
                     Elizabethae
                     Reginae
                     Angliae
                     quadragesimo
                     tertio
                     ,
                     apud
                     London
                     ,
                     videlicet
                     in
                     Parochia
                     
                       Beatae
                       Mariae
                    
                     de
                     Arcubus
                     in
                     Warda
                     de
                     Cheap
                     ,
                     praedictus
                     
                       Adamus
                       Bonner
                    
                     indebitatus
                     fuisset
                     eidem
                     
                       Richardo
                       Husbands
                    
                     pro
                     panuclaneo
                     &
                     aliis
                     rebus
                     ad
                     tunc
                     &
                     ibidem
                     praefato
                     Adamo
                     per
                     praefatum
                     
                       Richardum
                       Husbands
                    
                     vendita
                     &
                     deliberat
                     .
                     in
                     summa
                     vigint
                     .
                     librarum
                     legalis
                     monetae
                     Angliae
                     ;
                     Quodque
                     praefatus
                     
                       Adamus
                       Bonner
                    
                     praedicto
                     vicesimo
                     die
                     Novembris
                     ,
                     anno
                     quadragesimo
                     tertio
                     superdicto
                     apud
                     London
                     praedict
                     .
                     in
                     Parochia
                     &
                     Warda
                     praedicta
                     fuisset
                     Dom.
                     proprietarius
                     &
                     possessor
                     legitimus
                     praedictae
                     decimae
                     sextae
                     partis
                     navis
                     vocat
                     '
                     
                       The
                       Advantage
                       of
                       London
                    
                     ,
                     ac
                     apparatuum
                     ,
                     &c.
                     
                     Ac
                     quod
                     praedictus
                     
                       Richardus
                       Dove
                    
                     ad
                     tunc
                     &
                     ibidem
                     similiter
                     fuisset
                     Dom.
                     Proprietarius
                     &
                     legitimus
                     possessor
                     totius
                     resid
                     .
                     praedictae
                     navis
                     ,
                     &c.
                     
                     Quodque
                     etiam
                     praefatus
                     
                       Richardus
                       Husbands
                    
                     postea
                     ,
                     scilicet
                     vicesimo
                     die
                     Novembris
                     ,
                     anno
                     regni
                     dictae
                     Dominae
                     Elizabethae
                     nuper
                     Reginae
                     Angliae
                     quadragesimo
                     tertio
                     superdict
                     .
                     apud
                     London
                     praedict
                     .
                     in
                     Parochia
                     &
                     Warda
                     praedicta
                     praedictam
                     decimam
                     sextam
                     partem
                     navis
                     praedictae
                     ad
                     tunc
                     &
                     ibidem
                     onerat
                     '
                     existent
                     '
                     cum
                     provisione
                     dictae
                     Dominae
                     Elizabethae
                     nuper
                     Reginae
                     Angliae
                     ad
                     navigandum
                     pro
                     regno
                     Hiberniae
                     ac
                     praedictorum
                     apparatuum
                     ,
                     &c.
                     pro
                     dicto
                     debito
                     praefati
                     
                       Adami
                       Bonner
                    
                     arrestari
                     procurasset
                     ,
                     ac
                     super
                     inde
                     praefatus
                     
                       Richardus
                       Dove
                    
                     ,
                     &c.
                     apud
                     London
                     praedict
                     .
                     in
                     Parochia
                     &
                     Warda
                     praedict
                     .
                     fore
                     fidejussorem
                     pro
                     praedicta
                     nave
                     compulsus
                     ,
                     &
                     coactus
                     fuisset
                     aliter
                     ,
                     &c.
                     quandam
                     prohibitionem
                     nostram
                     ,
                     &c.
                     
                  
                   
                     Quia
                     tamen
                     videtur
                     Curiae
                     nostrae
                     coram
                     nobis
                     ,
                     quod
                     suggestio
                     praedicta
                     praedicti
                     
                       Richardi
                       Dove
                    
                     in
                     Curia
                     nostra
                     coram
                     nobis
                     in
                     hac
                     parte
                     exhibit
                     '
                     .
                     materiaque
                     in
                     eadem
                     contenta
                     minus
                     sufficien
                     '
                     in
                     lege
                     existunt
                     ad
                     Breve
                     nostrum
                     de
                     prohibitione
                     in
                     hac
                     parte
                     manutenend
                     '
                     Et
                     quia
                     nolumus
                     cognitionem
                     ,
                     quae
                     ad
                     Curiam
                     Admirallitatis
                     praedict
                     .
                     spectat
                     &
                     pertinet
                     ,
                     per
                     hujusmodi
                     insufficientes
                     assertiones
                     diutius
                     impediri
                     ,
                     vobis
                     significamus
                     quod
                     in
                     
                     causa
                     praedicta
                     ,
                     &c.
                     
                  
                   
                     
                       
                         T.
                         J.
                         Popham
                      
                       apud
                       Westm
                       .
                       
                         vicesimo
                         quinto
                         die
                         Aprilis
                         ,
                         anno
                         Regni
                         nostri
                         
                           Angliae
                           ,
                           Franciae
                        
                         ,
                         &
                         Hiberniae
                         tertio
                         ,
                         &
                         Scotiae
                         tricesimo
                         octavo
                         .
                      
                    
                     
                       1.
                       
                       L.
                       Rooper
                       .
                    
                  
                
              
            
          
           
             I
             shall
             instance
             only
             in
             one
             or
             two
             more
             of
             latter
             time
             ,
             and
             that
             very
             briefly
             .
          
           
             
               Claos
               Cornelius
               Borss
            
             by
             Charter-party
             let
             to
             freight
             the
             Ship
             the
             
               Young
               Swan
            
             of
             Horne
             in
             Holland
             ,
             whereof
             he
             was
             Master
             and
             part-Owner
             ,
             unto
             
               George
               Rook
            
             and
             
               Robert
               Grove
            
             for
             a
             Voyage
             from
             London
             to
             several
             Ports
             and
             Places
             beyond
             the
             Seas
             ,
             and
             from
             thence
             to
             the
             Port
             of
             
               London
               .
               Borss
            
             after
             the
             return
             of
             the
             said
             Ship
             ,
             sueth
             Rooks
             and
             Grove
             in
             the
             Admiralty
             Coutt
             for
             his
             freight
             due
             by
             the
             said
             Charter-party
             ,
             and
             likewise
             for
             demorage
             .
             Rooks
             and
             Grove
             suggest
             in
             the
             Kings-Bench
             ,
             that
             the
             Charter-party
             was
             made
             in
             the
             Parish
             of
             St.
             
               Mary
               le
               Bow
            
             in
             the
             Ward
             
               le
               Cheap
            
             ,
             and
             alleadged
             the
             three
             before
             mentioned
             Statutes
             ,
             and
             that
             they
             had
             performed
             the
             Covenants
             of
             the
             said
             Charterparty
             ,
             and
             that
             the
             Action
             brought
             against
             them
             in
             the
             Admiralty
             was
             contrary
             to
             the
             said
             Statutes
             ,
             and
             obtained
             a
             Prohibition
             .
          
           
             
               But
               the
               said
               Court
               being
               fully
               informed
            
             Termino
             Pascae
             nono
             Caroli
             ,
             
             
               a
               Consultation
               was
               awarded
               with
               a
            
             Nolentes
             ,
             &c.
             
               as
               in
               the
               former
               .
               And
               further
               ,
            
             quod
             in
             causa
             praedicta
             quatenus
             de
             non
             performatione
             conventionum
             praedictarum
             quoad
             naulum
             &
             morationem
             coram
             vobis
             duntaxat
             agatur
             ,
             licitè
             procedere
             poteritis
             ,
             &
             ulterius
             facere
             quod
             ad
             Curiam
             Admirallitatis
             praedictae
             noveritis
             pertinere
             ,
             dicta
             prohibitione
             nostra
             non
             obstante
             .
             
               T.
               T.
               Richardson
            
             apud
             Westm
             .
             tertio
             die
             Junii
             ,
             Anno
             regni
             nostri
             nono
             ,
             Henley
             &
             Whigswick
             .
          
           
             In
             like
             manner
             
               David
               Guy
            
             of
             Disart
             in
             Scotland
             let
             to
             freight
             by
             Charter-party
             the
             Ship
             the
             
               Grace
               of
               God
            
             of
             Disart
             ,
             then
             lying
             at
             Anchor
             in
             the
             River
             of
             Thames
             ,
             to
             
               John
               Delabar
            
             and
             
               James
               Hope
            
             ,
             upon
             a
             Voyage
             ;
             upon
             which
             Guy
             sued
             the
             said
             Del●bar
             and
             Hope
             in
             the
             Admiralty
             Court
             for
             his
             freight
             thereby
             contracted
             for
             ,
             and
             unpaid
             .
             Hope
             and
             Delabar
             setting
             forth
             in
             the
             Kings
             Bench
             ,
             that
             the
             Charter-party
             was
             made
             in
             St.
             
               Michael
               Cornhill
            
             ,
             and
             alleadging
             the
             three
             before
             mentioned
             Statutes
             ,
             and
             that
             the
             said
             Action
             was
             brought
             in
             the
             said
             Admiralty
             Court
             contrary
             to
             the
             said
             Statutes
             ,
             
             obtained
             a
             Prohibition
             .
             But
             in
             Easter
             Term
             in
             the
             9th
             year
             of
             King
             Charles
             ,
             a
             Consultation
             was
             awarded
             as
             in
             the
             other
             .
          
           
             Hence
             I
             do
             observe
             that
             all
             these
             Judges
             which
             granted
             these
             before
             mentioned
             Consultations
             ,
             have
             heretofote
             afforded
             the
             before
             
             mentioned
             Statutes
             the
             same
             interpretation
             that
             I
             have
             since
             gathered
             ,
             and
             in
             this
             Treatise
             set
             down
             ,
             viz.
             That
             a
             Contract
             ,
             whether
             made
             at
             land
             or
             at
             sea
             ,
             if
             the
             same
             doth
             arise
             from
             a
             business
             to
             be
             done
             or
             performed
             at
             land
             ,
             the
             same
             is
             to
             be
             tried
             by
             the
             Law
             of
             the
             land
             :
             But
             a
             contract
             ,
             whether
             made
             at
             sea
             or
             at
             land
             ,
             if
             the
             same
             doth
             arise
             from
             a
             business
             to
             be
             done
             or
             performed
             by
             or
             at
             sea
             ,
             or
             beyond
             the
             sea
             ,
             the
             same
             is
             cognoscible
             in
             the
             Admiralty
             Court.
             
             For
             upon
             the
             granting
             these
             Consultations
             ,
             the
             question
             was
             not
             whether
             either
             the
             Contracts
             or
             the
             Charter-parties
             were
             made
             at
             sea
             ,
             or
             at
             land
             ,
             or
             whether
             they
             were
             made
             in
             the
             Parish
             of
             St.
             
               Mary
               le
               Bow
            
             ,
             or
             St.
             
               Michael
               Cornhill
            
             ,
             or
             not
             ;
             but
             whether
             the
             same
             were
             Maritime
             contracts
             ,
             or
             concerned
             Marrtime
             business
             or
             not
             ,
             and
             so
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             ,
             or
             not
             ;
             as
             in
             the
             first
             of
             these
             five
             last
             cited
             Consultations
             concerning
             the
             building
             of
             a
             Ship
             ,
             the
             question
             was
             not
             ,
             whether
             the
             contracts
             for
             the
             wages
             in
             building
             of
             her
             ,
             or
             the
             materials
             bought
             and
             imployed
             upon
             her
             ,
             the
             meat
             and
             drink
             bought
             and
             spent
             in
             the
             time
             of
             the
             building
             of
             her
             were
             made
             at
             land
             or
             not
             ,
             or
             whether
             the
             Ship
             her self
             was
             built
             at
             land
             or
             at
             sea
             ;
             for
             the
             case
             was
             plain
             in
             the
             one
             as
             well
             as
             in
             the
             other
             ,
             that
             the
             Ship
             was
             built
             at
             land
             as
             all
             Ships
             are
             upon
             the
             Stocks
             ,
             is
             no
             doubt
             at
             all
             :
             and
             the
             Ship
             being
             there
             built
             ,
             it
             is
             as
             little
             doubt
             that
             the
             contracts
             were
             there
             made
             ,
             nnless
             we
             will
             suppose
             that
             which
             is
             not
             to
             be
             supposed
             ,
             viz.
             that
             the
             parties
             went
             to
             sea
             to
             bargain
             for
             the
             building
             of
             her
             at
             land
             ,
             and
             to
             bargain
             for
             materials
             to
             build
             her
             with
             ,
             and
             for
             meat
             and
             drink
             to
             be
             spent
             in
             the
             time
             of
             the
             works
             being
             in
             hand
             ;
             but
             the
             question
             was
             ,
             whether
             these
             contracts
             concerned
             a
             business
             that
             was
             maritime
             or
             not
             ,
             which
             did
             arise
             from
             somewhat
             to
             be
             done
             at
             or
             by
             sea
             ,
             or
             not
             ;
             and
             it
             being
             plain
             ,
             that
             had
             it
             not
             been
             for
             sea
             imployment
             ,
             none
             of
             these
             contracts
             had
             been
             made
             .
             And
             therefore
             was
             it
             adjudged
             that
             these
             contracts
             did
             arise
             from
             businesses
             to
             be
             done
             at
             sea
             ,
             and
             were
             therefore
             maritime
             ,
             and
             belonged
             unto
             the
             maritime
             Jurisdiction
             of
             the
             Admiralty
             ,
             as
             all
             other
             contracts
             for
             victualling
             ,
             tackling
             and
             furnishing
             of
             Ships
             ,
             with
             either
             Anchors
             ,
             Cables
             ,
             or
             other
             Ropes
             ,
             or
             whatsoever
             other
             necessaries
             ,
             (
             although
             the
             same
             were
             contracted
             for
             and
             bought
             at
             land
             )
             anciently
             were
             and
             did
             belong
             ,
             and
             of
             right
             still
             are
             ,
             and
             do
             belong
             .
          
           
             And
             as
             for
             the
             Contracts
             and
             Charter-parties
             made
             of
             letting
             Ships
             to
             freight
             ,
             it
             is
             sure
             enough
             that
             they
             are
             seldome
             or
             never
             made
             but
             at
             land
             ;
             yet
             are
             these
             contracts
             made
             of
             and
             concerning
             
             a
             Ship
             which
             at
             the
             very
             time
             of
             the
             making
             thereof
             is
             ,
             
               Aut
               super
               mare
               fluctuans
               ,
               aut
               ad
               Anchoras
               in
               quovis
               portu
               natans
               infra
               fluxum
               &
               refluxm
               maris
               infra
               Jurisdictionem
               Admirallitatis
               ,
            
             either
             sailing
             upon
             the
             Seas
             ,
             or
             lying
             at
             Anchor
             in
             some
             Port
             or
             Haven
             ,
             where
             the
             Sea
             ebbeth
             and
             floweth
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             .
             And
             these
             contracts
             do
             arise
             from
             businesses
             to
             be
             done
             at
             sea
             ,
             and
             were
             therefore
             adjudged
             to
             belong
             unto
             the
             Sea
             Jurisdiction
             .
          
           
             But
             perhaps
             it
             may
             be
             still
             objected
             that
             the
             Law
             doth
             allow
             a
             fiction
             of
             place
             for
             the
             doing
             of
             any
             thing
             ,
             and
             it
             mattereth
             not
             whether
             the
             thing
             was
             there
             done
             or
             not
             ;
             and
             I
             do
             agree
             that
             the
             Law
             doth
             allow
             such
             a
             fiction
             ,
             so
             that
             the
             same
             be
             within
             the
             compass
             of
             a
             possibility
             .
             But
             to
             feign
             a
             thing
             impossible
             ,
             as
             to
             fain
             that
             Ships
             sail
             in
             Cheapside
             ,
             
             or
             elsewhere
             upon
             the
             dry
             land
             ,
             the
             Law
             abhorreth
             ,
             as
             I
             have
             said
             before
             .
          
           
             And
             then
             is
             it
             more
             proper
             and
             more
             agreeable
             to
             law
             to
             feign
             the
             Charter-party
             that
             was
             made
             at
             land
             to
             have
             been
             made
             at
             sea
             ,
             which
             is
             possible
             ,
             then
             it
             is
             to
             feign
             a
             Ship
             to
             be
             at
             land
             ,
             where
             the
             Contract
             was
             made
             ,
             or
             when
             she
             was
             laden
             or
             furnished
             with
             either
             victual
             ,
             tackle
             ,
             or
             any
             other
             manner
             of
             provision
             or
             furniture
             ,
             which
             is
             impossible
             ?
          
           
             I
             shall
             instance
             only
             in
             one
             Contract
             made
             beyond
             the
             seas
             concerning
             sea
             affairs
             ,
             upon
             which
             a
             Bill
             obligatory
             was
             taken
             for
             the
             payment
             of
             a
             certain
             summe
             of
             money
             ,
             and
             the
             said
             Bill
             obligatory
             was
             adjudged
             cognoscible
             in
             the
             Admiralty
             Court
             ,
             and
             then
             proceed
             upon
             another
             argument
             ;
             and
             this
             appeareth
             by
             a
             Consultation
             granted
             out
             of
             the
             Court
             of
             Common-pleas
             in
             the
             10th
             year
             of
             King
             James
             (
             Sir
             
               Edward
               Coke
            
             himself
             being
             then
             Lord
             Chief
             Justice
             of
             the
             Court
             )
             directed
             unto
             Sir
             
               Daniel
               Dunn
            
             Knight
             and
             Doctor
             of
             Laws
             .
          
           
             
               Thomas
               Alport
            
             libelled
             in
             the
             Admiralty
             Court
             against
             
               Philip
               Cooper
            
             ,
             that
             in
             the
             Moneths
             of
             
               January
               ,
               &c.
               
               Anno
            
             1609.
             and
             in
             the
             Months
             of
             
               March
               ,
               April
               ,
               &c.
            
             the
             said
             
               Philip
               Cooper
            
             remaining
             in
             the
             parts
             beyond
             the
             seas
             ,
             &c.
             did
             by
             his
             Bill
             obligatory
             in
             the
             said
             parts
             beyond
             the
             seas
             ,
             &c.
             lawfully
             make
             ,
             and
             with
             his
             own
             proper
             hand
             subscribed
             ,
             and
             sealed
             with
             his
             Seal
             ,
             tye
             and
             bind
             himself
             to
             the
             said
             
               Thomas
               Alport
            
             for
             the
             due
             payment
             of
             the
             summe
             of
             275
             l.
             and
             six
             shillings
             of
             lawfull
             money
             of
             England
             ,
             as
             in
             the
             said
             Libel
             in
             the
             said
             Consultation
             is
             summed
             up
             ,
             viz.
             
          
           
             Quod
             mens
             .
             Jan.
             &c.
             Anno
             Dom.
             1609.
             nec
             non
             mensibus
             
               Martii
               ,
               Aprilis
            
             ,
             &c.
             1610.
             seu
             eorum
             aliquo
             ,
             praedictus
             
               Philippus
               Cooper
            
             ,
             dum
             partibus
             ultramarinis
             ,
             &c.
             remanebat
             ,
             se
             pro
             debitâ
             solutione
             summae
             ducentarum
             
             septuaginta
             quinque
             librarum
             &
             sex
             solidorum
             legalis
             monetae
             Angliae
             praefato
             
               Thomae
               Alport
            
             per
             scriptum
             suum
             obligat
             .
             in
             partibus
             ultramarinis
             ,
             &c.
             legitime
             factum
             ,
             manuque
             suâ
             propriâ
             subscript
             .
             ejusque
             sigillo
             ,
             &c.
             
          
           
             
               But
               the
               said
            
             Philip
             Cooper
             
               suggested
               in
               the
               Court
               of
               Common-Pleas
               ,
               as
               in
               the
               said
               Consultation
               is
               set
               forth
            
             ;
             Quod
             tertio
             die
             Aprilis
             anno
             Regni
             Jacobi
             Dei
             gratiâ
             
               Angliae
               ,
               &c.
            
             septimo
             infra
             corpus
             Comitatus
             Civitatis
             London
             ,
             viz.
             in
             Parochia
             
               Beatae
               Mariae
            
             de
             Arcubus
             in
             Warda
             de
             Cheap
             ,
             et
             non
             super
             altum
             mare
             ,
             nec
             infra
             Jurisdictionem
             Curiae
             Admirallitatis
             Angliae
             per
             quandam
             billam
             suam
             obligatoriam
             sigillo
             suo
             sigillat
             .
             et
             ut
             factum
             suum
             cuidam
             
               Thomae
               Alport
            
             tunc
             et
             ibidem
             deliberat
             .
             gerens
             datum
             eodem
             die
             et
             anno
             obligasset
             se
             et
             Haeredes
             ,
             Executores
             et
             Administratores
             suos
             ,
             ad
             solvendum
             praefato
             Thomae
             ,
             Haeredibus
             ,
             Executoribus
             et
             Administratoribus
             suis
             ad
             omnia
             tempora
             super
             demand
             .
             summam
             ducentarum
             septuagint
             '
             .
             et
             quinque
             librarum
             et
             sex
             solidorum
             legalis
             monetae
             Angliae
             ;
             cumque
             idem
             Philippus
             liber
             homo
             ,
             &c.
             
             
               And
               reciteth
               the
               said
               three
               before
               mentioned
               Statutes
               .
            
             Praedictus
             tamen
             Thomas
             praemissorum
             non
             ignarus
             ,
             sed
             machinans
             non
             solum
             ipsum
             Philippum
             contra
             debitam
             legis
             hujus
             regni
             Angliae
             formam
             ,
             et
             contra
             formam
             et
             effectum
             statutorum
             ,
             &c.
             traxit
             in
             placitum
             falsè
             ,
             caute
             et
             subdolè
             libellando
             in
             Curia
             Admirallitatis
             ,
             &c.
             cujus
             quidem
             suggestionis
             praetextu
             ,
             &c.
             
          
           
             That
             upon
             the
             3.
             of
             
               April
               7
               Jacobi
            
             within
             the
             body
             of
             the
             County
             of
             
               London
               ,
               viz.
            
             in
             the
             Parish
             of
             St.
             
               Mary
               de
               Bow
            
             ,
             in
             the
             Ward
             
               le
               Cheap
            
             ,
             and
             not
             upon
             the
             high
             Sea
             ,
             nor
             within
             the
             Jurisdiction
             of
             the
             Admiralty
             Court
             of
             England
             ,
             he
             by
             his
             certain
             Bill
             obligatory
             ,
             sealed
             with
             his
             seal
             as
             his
             deed
             ,
             then
             and
             there
             delivered
             unto
             one
             
               Thomas
               Alport
            
             ,
             bearing
             date
             the
             same
             day
             and
             year
             ,
             did
             bind
             himself
             ,
             his
             Heirs
             ,
             &c.
             to
             pay
             unto
             the
             said
             Thomas
             ,
             his
             Heirs
             ,
             &c.
             at
             any
             time
             upon
             demand
             ,
             the
             summe
             of
             275
             l.
             and
             6
             s.
             of
             lawfull
             mony
             of
             England
             ,
             and
             alleadgeth
             the
             three
             before
             mentioned
             Statutes
             ,
             and
             that
             notwithstanding
             the
             said
             Thomas
             not
             being
             ignorant
             thereof
             ,
             &c.
             had
             brought
             his
             Suit
             in
             the
             Admiralty
             Court
             for
             the
             recovery
             of
             the
             said
             debt
             upon
             the
             said
             Bill
             obligatory
             contrary
             ,
             to
             the
             form
             of
             the
             Law
             of
             England
             ,
             and
             contrary
             to
             the
             form
             of
             the
             said
             Statutes
             ,
             and
             thereupon
             obtained
             a
             Prohibition
             .
          
           
             But
             upon
             the
             20th
             day
             of
             June
             ,
             in
             the
             tenth
             year
             of
             King
             James
             ,
             it
             being
             made
             appear
             by
             the
             Libell
             and
             Bill
             obligatory
             ,
             that
             the
             same
             was
             made
             beyond
             the
             seas
             in
             respect
             of
             a
             Maritime
             business
             had
             and
             done
             at
             sea
             ,
             the
             said
             Prohibition
             was
             released
             by
             consultation
             ,
             which
             concludeth
             that
             the
             Prohibition
             was
             to
             the
             grievous
             damage
             of
             the
             said
             
               Thomas
               Alport
            
             ,
             and
             manifest
             wrong
             of
             the
             
             Court
             of
             the
             Admiralty
             ,
             and
             saith
             the
             proceedings
             in
             that
             cause
             in
             the
             said
             Admiralty
             Court
             ought
             not
             to
             be
             delayed
             .
          
           
             
               
                 
                   
                     
                       Et
                       quia
                       videtur
                       praefatis
                       Judiciariis
                       ,
                       &
                       pro
                       certis
                       caeusis
                       ipsos
                       specialiter
                       moventibus
                       ,
                       quod
                       processus
                       in
                       praedicta
                       Curia
                       Admirallitatis
                       in
                       praedicta
                       causa
                       ad
                       prosecutionem
                       praedicti
                    
                     Thomae
                     
                       ulterius
                       retardari
                       non
                       debet
                       ;
                       Ideo
                       vobis
                       ,
                       &c.
                       
                    
                  
                   
                     
                       
                         T.
                         E.
                      
                       Coke
                       apud
                       Westm
                       .
                       
                         
                           xx
                           .
                           die
                        
                         Junii
                         ,
                         
                           Anno
                           Domini
                           nostri
                        
                         Angliae
                         ,
                         Franciae
                         &
                         Hiberniae
                         
                           decimo
                           ,
                           &
                        
                         Scotiae
                         
                           quadragesimo
                           quinto
                        
                         .
                      
                    
                     
                       Crompton
                       .
                    
                  
                
              
            
          
           
             But
             it
             may
             be
             said
             that
             many
             more
             Prohibitions
             have
             been
             granted
             out
             of
             both
             the
             said
             Courts
             at
             Westminster
             ,
             as
             well
             in
             causes
             of
             this
             nature
             ,
             as
             in
             causes
             for
             things
             done
             upon
             Ports
             and
             Havens
             ,
             upon
             which
             Consultations
             have
             not
             been
             had
             ,
             and
             I
             doubt
             not
             but
             in
             latter
             times
             there
             have
             ;
             but
             it
             hath
             for
             the
             most
             part
             been
             when
             the
             parties
             have
             agreed
             ,
             and
             the
             cause
             compounded
             ,
             and
             so
             no
             Consultation
             prayed
             or
             sought
             for
             ,
             if
             otherwise
             ,
             let
             no
             man
             brag
             of
             that
             which
             hath
             been
             done
             ,
             which
             ought
             not
             to
             be
             done
             .
             But
             another
             cause
             may
             be
             given
             ,
             and
             that
             is
             this
             ,
             that
             the
             Civilian
             not
             being
             suffered
             there
             to
             plead
             the
             right
             of
             Jurisdiction
             belonging
             to
             the
             Admiralty
             ,
             the
             same
             hath
             not
             been
             undertaken
             by
             any
             practicers
             in
             those
             Courts
             ,
             and
             if
             undertaken
             ,
             yet
             pleaded
             but
             coldly
             against
             the
             Jurisdiction
             of
             their
             own
             Courts
             :
             Howsoever
             I
             do
             conceive
             that
             the
             Procedendoes
             out
             of
             the
             Chancery
             ,
             and
             the
             Consultations
             out
             of
             the
             Kings
             Bench
             and
             Common
             Pleas
             ,
             which
             I
             have
             in
             this
             and
             the
             second
             Book
             of
             this
             Treatise
             set
             forth
             (
             though
             I
             might
             have
             instanced
             in
             very
             many
             more
             )
             will
             be
             sufficient
             to
             determine
             the
             right
             of
             Jurisdiction
             as
             well
             in
             causes
             of
             the
             one
             nature
             ,
             as
             of
             the
             other
             against
             the
             said
             several
             Courts
             from
             whence
             such
             Supersedeases
             and
             Prohibitions
             were
             granted
             .
          
           
             I
             will
             not
             say
             but
             that
             the
             Admiralty
             Court
             may
             sometime
             have
             intermedled
             with
             Contracts
             made
             at
             land
             ,
             arising
             from
             businesses
             done
             or
             to
             be
             done
             or
             performed
             at
             land
             ,
             which
             is
             here
             in
             England
             ,
             as
             it
             were
             to
             take
             Cattle
             from
             a
             Pasture
             and
             put
             into
             the
             sea
             to
             feed
             .
             And
             in
             such
             cases
             I
             doubt
             not
             but
             a
             Prohibition
             may
             lye
             ,
             which
             shall
             not
             be
             dissolved
             by
             Consultation
             .
          
           
             But
             by
             Prohibitions
             to
             take
             businesses
             of
             the
             Ports
             and
             Havens
             ,
             or
             Contracts
             made
             at
             land
             concerning
             Maritime
             affairs
             from
             the
             Admiralty
             ,
             to
             be
             determined
             by
             the
             Common-Law
             of
             the
             land
             ,
             is
             to
             take
             fish
             out
             of
             the
             sea
             to
             be
             kept
             alive
             and
             fed
             upon
             pasture
             ,
             or
             in
             some
             Forrest
             or
             Park
             at
             land
             .
          
           
             For
             I
             shall
             in
             the
             next
             Chapter
             out
             of
             many
             shew
             you
             some
             
             few
             of
             those
             exact
             rules
             the
             Civil
             Law
             hath
             to
             proceed
             by
             in
             causes
             of
             this
             nature
             ,
             besides
             the
             Laws
             I
             have
             before
             mentioned
             ,
             which
             the
             Common-Law
             hath
             not
             .
          
        
         
           
             CHAP.
             X.
             
          
           
             That
             divers
             and
             severall
             of
             the
             Laws
             under
             the
             titles
             selected
             out
             of
             the
             body
             of
             the
             Civil
             Law
             by
             Peckius
             for
             determination
             of
             Maritime
             Causes
             ;
             and
             other
             Laws
             selected
             out
             of
             several
             other
             titles
             ,
             as
             subsidiary
             unto
             them
             ,
             do
             set
             forth
             most
             exactly
             the
             determination
             of
             Controversies
             ,
             which
             may
             and
             do
             daily
             arise
             from
             Contracts
             made
             at
             land
             concerning
             matters
             to
             be
             done
             at
             sea
             .
          
           
             NOw
             concerning
             this
             matter
             I
             may
             rather
             referre
             the
             Reader
             unto
             Peckius
             himself
             ,
             Vinius
             ,
             and
             other
             Authors
             writing
             thereon
             ,
             then
             to
             spend
             any
             great
             labour
             about
             it
             :
             but
             whilest
             he
             hath
             this
             book
             in
             his
             hand
             ,
             let
             him
             cast
             his
             eye
             upon
             some
             few
             of
             a
             great
             number
             of
             such
             Contracts
             made
             at
             land
             ,
             concerning
             businesses
             to
             be
             done
             at
             sea
             ,
             which
             are
             exactly
             determined
             by
             these
             Laws
             ,
             and
             are
             used
             and
             held
             absolutely
             necessary
             in
             all
             forreign
             Maritime
             Judicatories
             ,
             (
             and
             not
             by
             any
             the
             rules
             of
             their
             Municipal
             Laws
             )
             which
             as
             they
             are
             little
             or
             nothing
             different
             in
             their
             proceedings
             from
             the
             proceedings
             of
             the
             Civil
             Law
             ,
             so
             are
             they
             farre
             less
             different
             in
             their
             determinations
             from
             the
             determinations
             of
             that
             Law
             ,
             then
             our
             Municipal
             Laws
             be
             .
          
           
             As
             in
             the
             first
             of
             these
             Titles
             .
          
           
             If
             Mariners
             before
             they
             receive
             goods
             on
             board
             ,
             do
             contract
             with
             the
             Loader
             ,
             
               ut
               recepta
               restituant
            
             .
          
           
             Quaeritur
             utrum
             Nauta
             an
             Exercitor
             navis
             pro
             restitutione
             conveniatur
             ?
          
           
             Quaeritur
             etiam
             an
             Exercitor
             ,
             Magister
             ,
             aut
             Nàuta
             ex
             contractu
             teneatur
             de
             rebus
             non
             ostensis
             ;
             Ac
             utrum
             amicus
             ex
             contractu
             amicum
             in
             navem
             recipiens
             teneatur
             de
             perditione
             ?
          
           
             Quaeritur
             etiam
             utrum
             nautae
             ex
             sola
             emissione
             teneantur
             ?
             Ac
             etiam
             an
             nautae
             de
             facto
             vectorum
             teneantur
             ?
          
           
             Quaeritur
             etiam
             quae
             &
             quando
             actio
             detur
             ,
             subsidiaria
             ,
             protestatio
             an
             requirat
             consensum
             adversarii
             ;
             Ac
             an
             in
             scriptis
             fieri
             debet
             ?
             Quaenamque
             sit
             vis
             protestationis
             ?
             Cum
             quolibet
             nautarum
             sit
             contractum
             ,
             an
             detur
             actio
             in
             
             exercitorem
             ?
             Ac
             quid
             si
             nauta
             per
             Magistrum
             navis
             conductus
             in
             nave
             deliquerit
             an
             in
             exercitorem
             detur
             actio
             ?
             Magister
             navis
             per
             exercitorem
             conductus
             ,
             an
             alium
             substituere
             potest
             ?
             Mutuum
             dans
             in
             navis
             usum
             ,
             an
             caeteris
             creditoribus
             praefertur
             ?
             &
             quando
             ?
             &
             quare
             ?
             an
             ?
             &
             quando
             navis
             per
             aversionem
             conducitur
             ?
          
           
             Dominus
             an
             ?
             &
             quando
             ?
             &
             quare
             ?
             invitus
             &
             ignorans
             de
             peculio
             teneatur
             ?
             Merces
             an
             pro
             naulo
             contracto
             cum
             magistro
             sint
             obligatae
             ?
          
           
             Quaeritur
             etiam
             quando
             argumentum
             à
             contractibus
             ad
             delicta
             procedat
             ?
             quando
             non
             ?
             quae
             autem
             diversitatis
             sit
             ratio
             ,
             quam
             optime
             declarat
             Ulpianus
             .
          
           
             Variae
             etiam
             quaestiones
             assurgunt
             ex
             variis
             navium
             conducendarum
             modis
             contractis
             ;
             ut
             de
             navibus
             locandis
             ,
             varia
             sunt
             diversorum
             hominum
             studia
             ,
             alius
             conducendis
             tantum
             vectoribus
             ,
             alius
             ob
             naulum
             mercibus
             transferendis
             ,
             alius
             ex
             longinquis
             Regionibus
             aromatibus
             abducendis
             intentus
             est
             .
             Ex
             quibus
             quidem
             variis
             locationum
             modis
             contractis
             variae
             sunt
             quaestiones
             .
          
           
             Quidam
             iterum
             cum
             navibus
             suis
             navigare
             velint
             ,
             quidam
             tamen
             cum
             rebus
             suis
             ipsi
             superesse
             non
             possint
             ,
             magistrum
             navi
             praeficiunt
             ;
             &
             ex
             ea
             ratione
             iterum
             aliae
             omnes
             duplicantur
             &
             quaestiones
             &
             determinationes
             earund
             .
          
           
             Vtrum
             conducta
             nave
             per
             aversionem
             ,
             avertitur
             a
             conductore
             periculum
             ,
             &
             quando
             in
             locatorem
             rejicitur
             cum
             aliis
             quaestionibus
             de
             conductione
             per
             aversionem
             .
          
           
             Si
             plures
             per
             contractum
             suum
             navem
             exerceant
             ,
             an
             cum
             quolibet
             eorum
             in
             solidum
             agi
             potest
             .
          
           
             Si
             navis
             lacera
             sit
             &
             inde
             res
             deterioratae
             ;
             an
             ,
             &
             quando
             ,
             vector
             ex
             locato
             contra
             magistrum
             agit
             ?
          
           
             Quaeritur
             etiam
             an
             ,
             &
             quando
             ,
             pro
             pecuniis
             mutuo
             pro
             reparatione
             navis
             sumendis
             aut
             aliter
             in
             ejus
             usum
             disponendis
             ,
             in
             exercitorem
             detur
             actio
             &
             quaenam
             detur
             actio
             ?
          
           
             Quamplurimae
             etiam
             sunt
             leges
             diversis
             in
             titulis
             per
             totum
             Juris
             Civilis
             corpus
             distentae
             &
             diffusae
             ,
             quae
             (
             ut
             flores
             ex
             horto
             amoeni
             &
             salutiferi
             )
             hisce
             selectis
             ut
             eisdem
             subsidiariae
             per
             authores
             super
             ipsis
             conscribentes
             ,
             &
             alios
             colliguntur
             ,
             ad
             causarum
             hujus
             naturae
             martitimarum
             determinationes
             necessariae
             ,
             e
             quibus
             quamplurimis
             ,
             qui
             legit
             perpaucas
             hic
             tantum
             nominatas
             ,
             alias
             excogitabit
             ,
             ex
             quibus
             has
             varias
             nominatas
             habeat
             &
             tantum
             nominatas
             .
          
           
             Quaeritur
             an
             nave
             empta
             ,
             vel
             emptis
             navis
             tabulis
             ,
             &
             navis
             pars
             ,
             vel
             tabulae
             ,
             
             vel
             tabularum
             pars
             evincitur
             ,
             an
             evictionis
             nomine
             obligetur
             venditor
             ?
          
           
             Quod
             ut
             speciale
             est
             ,
             specialiter
             disputatur
             ,
             solvitur
             &
             determinatur
             per
             L.
             nave
             aut
             .
             Et
             L.
             si
             dictum
             .
             junctis
             ibidem
             glossis
             ,
             F.
             de
             evictionibus
             .
             Et
             per
             Doctores
             separales
             super
             eisdem
             conscribentes
             .
          
           
           
             
             Iterum
             quaeritur
             cum
             contrahitur
             ad
             merces
             transportandum
             &
             non
             ex
             jactu
             ,
             sed
             aliter
             ,
             quaedam
             de
             eisdem
             dejectae
             fuerint
             merces
             è
             navi
             ,
             an
             praepositus
             navis
             teneatur
             ?
             Quod
             per
             L.
             hoc
             edictum
             .
             §
             .
             si
             de
             navi
             .
             ff
             .
             de
             his
             qui
             dejecerunt
             vel
             effuderunt
             dirimitur
             .
          
           
             Quaeritur
             etiam
             an
             contra
             nautas
             pro
             rebus
             positis
             &
             transferendis
             contract
             .
             aut
             deperditis
             aut
             damnificatis
             in
             navi
             ,
             talem
             esse
             praesumptionem
             quae
             in
             eos
             probandi
             onus
             transfert
             ,
             quod
             per
             Angelum
             Aretinum
             super
             §
             .
             si
             tamen
             alienum
             .
             Instit
             .
             de
             rerum
             divis
             .
             deceptatur
             &
             concluditur
             .
          
           
             
             Ac
             etiam
             an
             literae
             mercatorum
             in
             quibus
             asseritur
             ita
             esse
             cum
             navis
             magistro
             contractum
             ,
             &
             tantum
             pro
             naulo
             ,
             &c.
             
             Se
             sibi
             sive
             navis
             proprietariis
             debere
             contra
             scribentem
             probent
             &
             obligationem
             inducant
             ,
             quod
             accurate
             distinguendo
             deciditur
             per
             doctores
             super
             L.
             ff
             .
             de
             verborum
             obl
             .
             &
             L.
             Lucius
             ff
             .
             de
             Instit
             .
             act
             .
             &
             L.
             Publia
             .
             §
             .
             fi
             .
             ff
             .
             depositi
             .
          
           
             
             Sed
             ubi
             pro●ent
             ,
             &c.
             quid
             si
             mercator
             ante
             solutionem
             perierit
             sive
             decesserit
             ,
             an
             scribentis
             haeredibus
             istae
             nocebunt
             literae
             ?
             quod
             per
             Hypolit
             .
             de
             marsel
             .
             in
             singulari
             suo
             373.
             incipiente
             ut
             nostri
             ,
             &
             in
             repetitione
             sua
             super
             Rubrica
             Cod.
             de
             probationibus
             Col.
             51.
             
             &
             
               Guliel
               .
               Durant
            
             .
             in
             suo
             Juris
             speculo
             tit
             .
             de
             obligat
             .
             &
             solution
             .
             in
             §
             .
             notand
             .
             vers
             .
             pone
             quod
             mercator
             .
             Et
             Bald.
             in
             additionibus
             ibidem
             cum
             multis
             aliis
             dubitationibus
             ,
             &c.
             
          
           
             
             Multi
             mercatores
             frumenta
             sua
             in
             navem
             quandam
             posuerunt
             ,
             &
             magister
             ad
             transferendum
             accepit
             ,
             &
             communem
             fecit
             acervum
             ,
             conveniendo
             ut
             ex
             illo
             acervo
             cuilibet
             redderetur
             tanta
             quantitas
             quantam
             ibi
             transferendam
             posuit
             .
             Et
             cum
             portum
             destinatum
             appulisset
             ,
             navis
             ex
             illis
             quibusdam
             reddidit
             portiones
             ,
             antequam
             aliis
             redderet
             ,
             periit
             cum
             frumento
             .
          
           
             Quaeritur
             an
             nautae
             sit
             periculum
             ?
             an
             mercatoribus
             qui
             portiones
             suas
             non
             recipissent
             ?
             an
             mercatoribus
             omnibus
             conjunctim
             ?
          
           
             Quae
             quidem
             quaestio
             exacte
             determinatur
             per
             L.
             in
             navem
             Saufeii
             ff
             .
             locati
             &
             conducti
             ,
             &
             Gloss
             .
             ibidem
             &
             D.
             D.
             super
             ead
             .
             L.
             
          
           
             
             Cum
             navis
             magistro
             contrahitur
             ad
             transferendum
             tanti
             ponderis
             merces
             ,
             &
             saccus
             seu
             capsa
             inter
             alia
             in
             navi
             posita
             est
             sigillata
             ,
             &
             redditur
             sine
             sigillo
             apertae
             ,
             qui
             tradidit
             dicit
             tanta
             vel
             talia
             fuisse
             inclusa
             ;
             nauta
             contendit
             quod
             tanti
             ponderis
             non
             erat
             capsa
             .
          
           
             Quaeritur
             quomodo
             procedendum
             est
             ,
             ut
             ad
             directam
             deveniatur
             adjudicationem
             ?
             quod
             per
             
               Julium
               Ferrettum
            
             li.
             suo
             primo
             n.
             133.
             dirimitur
             .
             Vide
             etiam
             L.
             1.
             naut
             .
             caup
             .
             Stab
             .
             ff
             .
             &
             arg
             .
             legis
             de
             actione
             in
             litem
             jurando
             ff
             .
             de
             furtis
             .
             Et
             legi
             in
             actionibus
             §
             .
             fin
             .
             ff
             .
             de
             pollicitationibus
             .
          
           
             Quid
             si
             quis
             ignorante
             navis
             magistro
             capsam
             in
             navem
             posuerit
             clavatam
             ,
             quae
             in
             eadem
             in
             venta
             fuerit
             aperta
             ,
             &
             bona
             quaedam
             ex
             eadem
             auferuntur
             ?
          
           
             Quaeritur
             an
             de
             damno
             ita
             ponenti
             teneatur
             magister
             ?
             quod
             per
             Loffredum
             de
             Benevento
             Doctorem
             antiquum
             in
             L.
             1.
             ff
             .
             depositi
             &
             per
             Baldum
             in
             L.
             1.
             
             §
             .
             Item
             Pomponius
             ff
             .
             naut
             .
             caup
             .
             eximitur
             .
          
           
             
             Quaeritur
             etiam
             an
             Excambii
             literae
             revocari
             possint
             ?
             quando
             possint
             ?
             
             quando
             non
             ?
             quod
             quidein
             per
             Bald.
             in
             rubr
             .
             de
             constitut
             .
             pecunia
             ,
             in
             ult
             .
             col
             .
             &
             L.
             quidem
             ff
             .
             eodem
             col
             .
             penult
             .
             &
             per
             Romanum
             in
             singulari
             474.
             &
             per
             L.
             Publia
             in
             fi
             .
             ff
             .
             depositi
             ,
             &
             per
             Bart.
             ibidem
             ,
             &
             alios
             scribentes
             de
             institoria
             ,
             distinguendo
             dirimitur
             .
          
           
             Ac
             cum
             mercator
             vel
             campsor
             litteras
             Excambii
             pro
             Scholari
             sive
             aliquo
             
             alio
             scripserit
             ,
             &
             effectus
             facultatibus
             lapsus
             erit
             priusquam
             praesententur
             &
             solvantur
             dictae
             literae
             ,
             utrum
             Sholaris
             an
             campsoris
             periculo
             dictae
             erunt
             literae
             ?
             Quod
             &
             distinguendo
             ,
             &
             limitando
             per
             Bald.
             in
             L.
             pro
             debito
             C.
             de
             bon
             .
             actor
             .
             Judi
             .
             possiden
             .
             &
             per
             Bart.
             in
             L.
             singularia
             col
             .
             7.
             ff
             .
             probatur
             ,
             &
             per
             Hypol.
             de
             Marsel
             .
             in
             repetitione
             sua
             rebric
             .
             de
             probat
             .
             in
             vers
             .
             284.
             &c.
             et
             L.
             ubi
             quis
             ff
             .
             de
             constit
             .
             pecun
             .
             et
             per
             Bald.
             in
             quaest
             .
             incipiente
             statuto
             cavetur
             quod
             faenerator
             ,
             &c.
             
          
           
             Et
             quid
             si
             ante
             diem
             solvendi
             facultatibus
             lapsus
             fuerit
             primus
             Campsor
             
             qui
             literas
             scripsit
             ,
             quo
             intellecto
             ,
             ille
             ,
             cui
             literae
             diriguntur
             ,
             solutionem
             negat
             ,
             an
             possit
             cogi
             ?
             Quod
             discutitur
             percuriose
             tractatur
             ,
             et
             deceptatur
             per
             Sallic
             .
             in
             L.
             pro
             debito
             in
             fine
             C.
             de
             bonis
             author
             .
             Judi
             .
             possiden
             .
             et
             per
             Aug.
             Instit
             .
             de
             Except
             .
             &
             per
             Alexan.
             de
             Imol.
             in
             L.
             quae
             dolis
             ff
             .
             solu
             .
             matrim
             .
          
           
             Quaeritur
             etiam
             utrum
             literae
             cambii
             paratam
             habeant
             executionem
             ?
             quod
             
             etiam
             determinatur
             per
             nota
             per
             Jasonem
             in
             L.
             elegantur
             ff
             .
             de
             conditionibus
             indebiti
             .
             quod
             etiam
             per
             Bald.
             consil
             .
             60.
             lib.
             tertio
             ,
             et
             text
             .
             in
             l.
             si
             ex
             cautiam
             .
             C.
             de
             non
             numerat
             .
             pecunia
             ,
             &
             Matthaeus
             de
             afflict
             .
             in
             constit
             .
             causas
             promagistro
             Justiciario
             Col.
             6.
             
             Multaeque
             aliae
             hac
             de
             re
             exsurgunt
             quaestiones
             quae
             per
             jus
             civile
             &
             authores
             super
             eodem
             conscribentes
             deceptantur
             &
             determinantur
             .
          
           
             Si
             unus
             ex
             nautis
             mercator
             fuerit
             ,
             vel
             ut
             mercator
             cum
             magistro
             navis
             
             contraxerit
             ,
             &
             in
             mercibus
             suis
             in
             nave
             oneratis
             damnum
             passus
             est
             ,
             utrum
             sibi
             tenebitur
             exercitor
             ?
             quod
             per
             dict
             .
             
               Julium
               Ferret
            
             .
             d.
             li.
             1.
             n.
             38.
             expeditur
             .
          
           
             Mulier
             pregnans
             cum
             navis
             magistro
             pro
             transportatione
             solvere
             contraxit
             
             quod
             nautis
             debitum
             erit
             ,
             juxta
             L.
             hujus
             ff
             .
             qui
             potiores
             in
             pignore
             habeantur
             .
             Et
             postmodum
             mulier
             peperit
             in
             navi
             .
             Quaeritur
             an
             teneatur
             pro
             partu
             solvere
             naulum
             ?
             quod
             per
             L.
             sed
             adde
             sect
             .
             si
             quis
             mulierem
             ff
             .
             locati
             ,
             &
             per
             Bartol
             .
             ibidem
             ,
             &
             per
             L.
             haec
             mori
             ff
             .
             qui
             potiores
             in
             pignore
             habeantur
             directe
             concluditur
             .
          
           
             Quaeritur
             qua
             actione
             versutus
             conveniatur
             nauta
             qui
             navi
             ad
             navigandum
             
             conducitur
             ,
             &
             versute
             res
             resurripuit
             alienas
             ,
             Et
             hoc
             quando
             vel
             ex
             navi
             alterius
             vel
             ex
             propria
             sua
             navi
             surripuerit
             ?
             quae
             per
             exactissimam
             
               Julii
               Feretti
            
             de
             re
             navali
             distinctionem
             juxta
             L.
             sed
             &
             ipsi
             ff
             .
             naut
             caup
             ,
             determinatur
             l.
             1.
             n.
             34.
             
          
           
             Et
             utrum
             cum
             plures
             competant
             actiones
             &
             tentata
             sive
             electa
             una
             ,
             ad
             aliam
             redire
             poterit
             actor
             ?
             Et
             quid
             si
             ad
             diversa
             plures
             competant
             actiones
             ?
             quae
             per
             L.
             quod
             in
             haeredem
             ff
             .
             de
             tributoria
             actione
             ,
             &c.
             dijudicantur
             .
          
           
           
             
             Per
             L.
             3.
             ff
             .
             Naut
             .
             caup
             .
             Stab
             .
             &
             Gloss
             .
             ibidem
             de
             dolo
             lata
             levi
             &
             levissima
             culpa
             tenentur
             exercitores
             sive
             magister
             navis
             ,
             &
             inde
             quaeritur
             utrum
             idem
             sunt
             ,
             vel
             unus
             pro
             alio
             ponatur
             ,
             quod
             cum
             deciditur
             per
             L.
             2.
             ad
             L.
             Rhod.
             de
             jactu
             &
             L.
             primam
             §
             .
             2.
             naut
             .
             caup
             .
             ac
             etiam
             quid
             de
             illo
             statuendum
             qui
             stat
             in
             navi
             navigandi
             causa
             .
             Et
             cum
             per
             praedict
             .
             L.
             3.
             naut
             .
             caup
             .
             determinatur
             ,
             quod
             in
             casu
             naufragii
             in
             casu
             Pyratarum
             incursu
             ,
             &
             in
             casu
             fortuito
             non
             tenetur
             exercitor
             .
          
           
             Quaeritur
             utrum
             furtum
             &
             latrocinium
             sit
             inter
             casus
             fortuitos
             numerandum
             ,
             &
             inter
             illos
             ponendum
             et
             computandum
             .
             Et
             quinam
             alii
             numerent
             casus
             fortuiti
             ;
             quae
             dirimuntur
             per
             §
             .
             sed
             istae
             Instit
             .
             de
             action
             .
             &
             sect
             .
             1.
             
             Instit
             .
             quibus
             recontrahitur
             obl
             .
             &
             L.
             3.
             
             §
             .
             Item
             si
             servus
             ff
             .
             naut
             .
             caup
             .
             &
             per
             Angelum
             de
             Aretio
             super
             D.
             Loc.
             
          
           
             Quaeritur
             ex
             d.
             illa
             L.
             3.
             
             Naut
             .
             caup
             .
             utrum
             ne
             cessante
             legitima
             causa
             quiquid
             contingit
             de
             exactissima
             culpa
             tenebitur
             exercitor
             ,
             utpote
             si
             nauta
             exactissimam
             illam
             adhibuit
             diligentiam
             quam
             quilibet
             diligens
             adhibuisset
             exercitor
             ,
             quod
             dirimitur
             per
             Bartol
             .
             in
             d.
             L.
             3.
             ff
             .
             naut
             .
             caup
             .
             &c.
             
          
           
             
             Per
             legem
             primam
             &
             L.
             cum
             navarcarum
             C.
             de
             naviculariis
             li.
             10.
             nauta
             cogatur
             navigare
             .
          
           
             Quaeritur
             igitur
             an
             nauta
             teneatur
             ex
             jussu
             inimici
             navigare
             ?
             vel
             in
             sua
             navi
             recipere
             inimicum
             suum
             de
             jure
             ?
             quod
             ex
             Gloss
             .
             super
             D.
             L.
             1.
             ff
             .
             nautae
             caup
             .
             dirimitur
             .
          
           
             Now
             have
             I
             not
             here
             rendred
             or
             set
             forth
             the
             determinations
             of
             these
             few
             questions
             which
             I
             have
             here
             nominated
             ,
             they
             being
             not
             considerable
             without
             the
             rest
             ,
             which
             taken
             altogether
             with
             their
             divisions
             ,
             distinctions
             ,
             decisions
             and
             determinations
             ,
             would
             make
             by
             themselves
             a
             whole
             Tract
             
               de
               jure
               Admirallitatis
            
             ,
             which
             would
             be
             a
             Book
             to
             little
             or
             no
             purpose
             ,
             nor
             receive
             any
             welcome
             ,
             unless
             this
             which
             is
             
               de
               ejus
               Jurisdictione
            
             ,
             may
             first
             receive
             some
             entertainment
             ,
             which
             how
             necessary
             and
             advantagious
             the
             same
             may
             redound
             unto
             this
             Kingdome
             ,
             I
             shall
             leave
             to
             the
             consideration
             of
             him
             that
             hath
             or
             shall
             throughly
             read
             this
             Maritime
             Dicaeologie
             .
          
           
             THis
             small
             Treatise
             which
             I
             have
             written
             in
             Vindication
             of
             the
             Jurisdiction
             of
             the
             Lord
             High
             Admiral
             of
             
               England
               ,
               &c.
            
             
             I
             doubt
             not
             but
             will
             receive
             this
             Addition
             of
             Advantage
             ,
             as
             to
             tend
             likewise
             to
             the
             vindication
             and
             clearing
             of
             the
             honour
             and
             reputation
             of
             those
             Reverend
             and
             Learned
             Judges
             of
             the
             Land
             (
             the
             two
             Lords
             Chief
             Justices
             ,
             the
             Lord
             Chief
             Baron
             ,
             and
             the
             rest
             of
             the
             then
             Judges
             their
             Associates
             ,
             together
             with
             the
             Attorney
             General
             )
             whose
             Judgements
             and
             Justice
             have
             been
             blemished
             ,
             and
             unworthily
             aspersed
             by
             some
             of
             their
             own
             Profession
             ,
             
             in
             saying
             those
             Reverend
             Judges
             were
             questioned
             in
             Parliament
             for
             setting
             their
             hands
             unto
             an
             Agreement
             made
             (
             before
             his
             Majesty
             of
             Blessed
             Memory
             Charles
             the
             First
             )
             between
             them
             his
             Judges
             of
             the
             Land
             ,
             and
             Sir
             
               Henry
               Martin
            
             Judge
             then
             of
             his
             High
             Court
             of
             Admiralty
             ,
             purporting
             in
             substance
             the
             matter
             of
             this
             Treatise
             .
          
           
             It
             's
             true
             ,
             I
             have
             heard
             that
             some
             of
             the
             Puisne
             Lawyers
             ,
             and
             young
             men
             of
             that
             Profession
             (
             sitting
             in
             the
             Long
             Parliament
             )
             would
             have
             attempted
             such
             an
             undiscreet
             ,
             and
             unparelleld
             act
             ;
             but
             by
             the
             gravity
             and
             wisdome
             of
             others
             more
             learned
             in
             that
             Profession
             then
             themselves
             ,
             were
             disswaded
             from
             it
             .
             Yet
             if
             they
             had
             ,
             I
             doubt
             not
             but
             he
             that
             reads
             this
             Treatise
             ,
             will
             find
             sufficient
             reasons
             to
             justify
             their
             assent
             to
             that
             agreement
             ,
             and
             that
             it
             contained
             nothing
             but
             what
             they
             might
             and
             ought
             to
             do
             ,
             notwithstanding
             the
             Judgements
             of
             their
             Predecessours
             or
             Successours
             .
          
           
             Others
             do
             not
             forbear
             or
             stick
             to
             say
             this
             Subscription
             to
             this
             Agreement
             was
             an
             extrajudiciall
             act
             ,
             and
             so
             takes
             not
             the
             effect
             of
             a
             Law
             either
             to
             bind
             them
             or
             their
             Successours
             ,
             as
             though
             the
             place
             and
             formality
             of
             sitting
             upon
             the
             Bench
             were
             of
             the
             essence
             of
             a
             true
             and
             just
             opinion
             ;
             and
             the
             Judges
             being
             called
             and
             convened
             by
             special
             summons
             before
             his
             Majesty
             ,
             that
             their
             Judgements
             and
             Opinions
             there
             delivered
             in
             matters
             propounded
             ,
             debated
             ,
             and
             argued
             ,
             were
             of
             less
             force
             and
             validity
             ,
             and
             more
             extraneous
             to
             reason
             ,
             then
             if
             they
             were
             judicially
             sitting
             .
          
           
             Which
             is
             an
             opinion
             that
             I
             cannot
             conceive
             any
             man
             of
             sound
             judgement
             can
             adhere
             unto
             ;
             and
             therefore
             I
             shall
             conclude
             this
             Treatise
             with
             that
             judgement
             given
             by
             those
             twelve
             Learned
             and
             Reverend
             Judges
             of
             the
             Land
             ,
             with
             the
             consent
             of
             that
             famous
             Man
             Mr.
             Noy
             ,
             his
             Majesties
             Attorney
             General
             .
          
        
      
       
         
         
           
             At
             Whitehall
             
               18
               February
               ,
               1633.
               
            
          
        
         
           Present
           .
           
             
               The
               KING'
               's
               MOST
               EXCELLENT
               MAJESTY
               .
            
             
               The
               Lord
               Keeper
            
             
               And
               23
               Lords
               of
               the
               Councel
               .
            
          
        
         
           THis
           day
           ,
           his
           Majesty
           being
           present
           in
           Councel
           ,
           the
           Articles
           and
           Propositions
           for
           accomodating
           the
           differences
           concerning
           Prohibitions
           agreed
           unto
           and
           subsigned
           by
           all
           the
           Judges
           ,
           and
           his
           Majesties
           Attorney-General
           ,
           were
           Read
           ,
           and
           Ordered
           to
           be
           entred
           in
           the
           Register
           of
           Councel
           Causes
           ,
           and
           the
           Original
           to
           remain
           in
           the
           Conncel
           Chest
           .
        
         
           
           If
           Suit
           shall
           be
           Commenced
           in
           the
           Court
           of
           Admiralty
           upon
           Contracts
           made
           ,
           or
           other
           things
           personally
           done
           beyond
           or
           upon
           the
           Seas
           ,
           no
           Prohibition
           is
           to
           be
           awarded
           .
        
         
           
           If
           Suit
           be
           before
           the
           Admiral
           for
           freight
           or
           Mariners
           wages
           ,
           or
           for
           the
           breach
           of
           Charter-parties
           for
           Voyages
           to
           be
           made
           beyond
           the
           Seas
           ,
           though
           the
           Charter-parties
           happen
           to
           be
           made
           within
           the
           Realm
           ;
           and
           though
           the
           money
           be
           payable
           within
           the
           Realm
           ,
           so
           as
           the
           penalty
           be
           not
           demanded
           ,
           a
           Prohibition
           is
           not
           to
           be
           granted
           ;
           but
           if
           Suits
           be
           for
           the
           penalty
           ,
           or
           if
           the
           question
           be
           made
           whether
           the
           Charter-party
           were
           made
           or
           not
           .
           or
           whether
           the
           Plaintiff
           did
           ,
           release
           ,
           or
           otherwise
           discharge
           the
           same
           within
           the
           Realm
           ,
           that
           is
           to
           be
           tryed
           in
           the
           Kings
           Court
           at
           Westminster
           ,
           and
           not
           in
           the
           Kings
           Court
           of
           Admiralty
           ,
           so
           that
           first
           it
           be
           denyed
           upon
           oath
           ,
           that
           Charter-party
           was
           made
           ,
           or
           a
           denyall
           upon
           oath
           tendred
           .
        
         
           
           If
           Suit
           shall
           be
           in
           the
           Court
           of
           Admiralty
           for
           building
           ,
           
           amending
           ,
           saving
           ,
           or
           necessary
           victualling
           of
           a
           Sbip
           ,
           against
           the
           Ship
           it self
           ,
           and
           not
           against
           any
           party
           by
           name
           ,
           but
           such
           as
           for
           his
           interest
           makes
           himself
           a
           party
           ,
           no
           Prohibition
           shall
           be
           granted
           ,
           though
           this
           be
           done
           within
           the
           Realm
           .
        
         
           Likewise
           the
           Admiral
           may
           inquire
           of
           and
           redress
           all
           
           anoyances
           and
           obstructions
           in
           all
           navigable
           Rivers
           beneath
           the
           first
           Bridges
           that
           are
           impediments
           to
           navigation
           ,
           or
           passage
           to
           or
           from
           the
           Sea
           ,
           and
           also
           Try
           personal
           Contracts
           and
           injuries
           there
           which
           concern
           Navigation
           upon
           the
           Sea
           ,
           and
           no
           Prohibition
           is
           to
           be
           granted
           in
           such
           Causes
           .
        
         
           If
           any
           be
           imprisoned
           and
           upon
           
             Habeas
             Corpus
          
           ,
           if
           any
           
           of
           these
           be
           the
           cause
           of
           imprisonment
           ,
           and
           that
           be
           so
           certified
           ,
           the
           party
           shall
           be
           Remanded
           .
        
         
           
             Signed
             ,
             
               
                 Thomas
                 Richardson
                 ,
              
               
                 Robert
                 Heath
                 ,
              
               
                 Humphrey
                 Davenport
                 ,
              
               
                 John
                 Denham
                 ,
              
               
                 Richard
                 Hutton
                 .
              
               
                 William
                 Jones
                 .
              
               
                 George
                 Croke
                 .
              
               
                 Thomas
                 Trevor
                 .
              
               
                 George
                 Vernon
                 .
              
               
                 James
                 Weston
                 .
              
               
                 Robert
                 Barkley
                 .
              
               
                 Francis
                 Crawley
                 .
              
               
                 Henry
                 Martin
                 .
              
               
                 William
                 Noy
                 .
              
               
                 
                   Ex
                   t.
                
                 T.
                 Meutys
                 .
              
            
          
        
      
       
         FINIS
         .
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A39089-e3010
           
             Spelm.
             gloss
             .
             v●●bo
             Admiral
             .
             p.
             16.
             
          
           
             Rot.
             ann
             .
             45
             ●d
             .
             3.
             1.
             part
             .
             pat
             .
             m.
             1.
             
          
           
             R●●
             .
             ann
             .
             44
             Ed.
             3.
             pa●te
             paten
             .
          
           
             Rot.
             ann
             .
             eodem
             &
             eadem
             parte
             paten
             .
          
           
             Rot.
             ann
             .
             43
             Ed.
             3.
             1.
             part
             .
             paten
             .
             m.
             15.
             
          
           
             Rot.
             an
             .
             38.
             
             Ed.
             3.
             1.
             part
             .
             pat
             .
             10.
             m.
             3.
             4.
             
          
           
             Rot.
             ann
             .
             35
             Ed.
             3.
             1
             part
             .
             pat
             .
             m.
             32.
             
          
           
             Lambard
             Archeion
             tit
             .
             Admiral
             pag.
             42.
             
          
           
             Rot.
             an
             .
             34
             Ed.
             3.
             
          
           
             Rot.
             nn
             .
             29
             Ed.
             3.
             
          
           
             Rot.
             an
             .
             ●5
             Ed.
             3.
             
          
           
             Rot.
             an
             .
             20
             Ed.
             3.
             
          
           
             Rot.
             an
             .
             16
             Ed.
             3.
             1.
             part
             .
             paten
             .
             mem
             .
             26.
             
          
           
             Rot.
             an
             .
             11
             Ed.
             3.
             3.
             part
             .
             paten
             .
             ●●m
             .
             3.
             
          
           
             Rot.
             an
             .
             8
             Ed.
             3.
             2.
             part
             .
             pat
             .
             m.
             5.
             
          
           
             Rot.
             an
             .
             1.
             
             Ed.
             3.
             2.
             part
             .
             pat●n
             .
             m.
             23.
             
          
           
             Rot.
             ann
             .
             7
             Ed.
             3.
             2.
             part
             .
             paten
             .
             memb
             .
             5.
             
          
           
             Rot.
             ann
             .
             1
             Ed.
             3.
             2
             part
             .
             paten
             .
             memb
             .
             23.
             
          
           
             Rot.
             an
             .
             20
             Ed.
             2.
             paten
             .
             m.
             15.
             
          
           
             Rot.
             an
             .
             19
             Ed.
             2.
             1.
             part
             .
             pat
             .
             mem
             .
             12.
             
          
           
             Rot.
             claus
             .
             15
             Ed.
             2.
             
             Pat.
             15.
             
             Ed
             2.
             
          
           
             Rot.
             an
             .
             10
             Ed.
             2.
             1
             part
             .
             pat
             .
             m
             22.
             
          
           
             Rot.
             an
             .
             35
             Ed.
             1
             pat
             .
             mem
             .
             38.
             
          
           
             Rot.
             an
             .
             34
             Ed.
             1.
             pat
             .
             mem
             .
             21.
             
          
           
             Rot
             an
             .
             25
             Ed.
             1.
             1.
             part
             .
             pat
             .
             m
             9.
             
          
           
             Rot.
             an
             .
             25
             Ed.
             1.
             claus
             .
             endors
             .
             m.
             18.
             
          
           
             Rot.
             pat
             .
             23
             Ed.
             1.
             2
             pa●t
             .
             pat
             .
             Lamb.
             Archeion
             .
             tit
             .
             Admiral
             .
             pag.
             42.
             
          
           
             Rot.
             ●●scoyn
             .
             an
             .
             22
             Ed.
             1.
             m
             8.
             
          
           
             Rot.
             ann
             .
             48
             H.
             3.
             1
             part
             .
             pat
             .
             m
             3.
             
          
           
             Rot.
             an
             .
             19
             H.
             3.
             pat
             .
             m.
             14.
             
          
           
             Rot.
             an
             9
             H.
             3.
             2
             part
             .
             pat
             .
             m
             9.
             
          
           
             Rot.
             an
             .
             eod
             .
             H
             3.
             claus
             .
             pat
             .
             m.
             15.
             
          
           
             Rot.
             an
             .
             8
             H.
             3.
             3.
             part
             .
             paten
             .
             m.
             3.
             
          
           
             Rot.
             an
             .
             eod
             .
             &
             eod
             .
             loco
             .
          
           
             2
             part
             .
             pat
             .
             &
             m.
             eod
             .
             anno
             .
          
           
             Cic.
             de
             Nat.
             Deor
             .
             lib.
             2.
             
             F.
             de
             verb.
             oblig
             .
             l.
             qui
             Romae
             .
             §
             1.
             
          
           
             De
             dominio
             maris
             ,
             lib.
             2.
             c.
             14.
             ubi
             citat
             .
             rot
             .
             pat
             .
             6.
             
             Johan
             .
             Reg.
             m.
             8.
             &
             pat
             .
             8.
             
             Hen.
             3.
             part
             .
             1.
             m.
             3.
             
             &
             4.
             claus
             .
             9.
             
             Hen.
             3.
             m.
             15.
             pat
             .
             9
             Hen.
             3.
             part
             .
             2.
             m.
             9.
             
          
           
             Eodem
             cap.
             ubi
             citat
             .
             Rot.
             Parl.
             anno
             14
             Ed.
             3.
             art
             .
             2.
             
          
           
             Eodem
             cap.
             ubi
             cit
             .
             Rot.
             Parl.
             13
             Ed.
             3.
             part
             .
             1.
             art
             .
             6
             9.
             
             &
             11.
             a
             Rot
             Parl.
             20
             Ed.
             3.
             art
             .
             21.
             
          
           
             Eod.
             cap.
             ubi
             cit
             .
             Rot.
             Cart.
             2.
             
             Jo.
             R.
             in
             dors
             .
             &
             Rot.
             pat
             .
             17
             Jo.
             
          
           
             Eod.
             ca.
             ubi
             cit
             .
             Th.
             Walsingh
             .
             an
             14.
             ro
             .
             &c.
             Rot.
             Parl.
             8
             H.
             5.
             
          
           
             e
             Rot.
             pat
             .
             8
             Hen.
             7.
             part
             8.
             
          
           
             f
             Ibid
             ex
             rot
             .
             pat
             .
             3.
             
             Hen.
             3.
             
          
           
             Spelm.
             ead
             pag.
             scil
             .
             16.
             
          
           
             Cicer.
             Ep.
             ad
             Attic.
             lib.
             
          
           
             Di●n
             .
             de
             〈◊〉
             orbis
             .
          
           
             Plin.
             lib.
             7.
             naturalis
             Historiae
             .
             Rhodiae
             leges
             distin●t
             .
          
           
             Gell.
             lib.
             7.
             cap.
             3.
             
          
           
             Strabo
             Geograph
             .
             lib.
             1.
             2.
             cap.
             14.
             
          
           
             F.
             ad
             leg
             .
             Rhod.
             in
             princ
             .
          
           
             F.
             ad
             leg
             .
             Rhod.
             l.
             9.
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             Constat
             ex
             legibus
             ipsis
             Rhod●is
             &
             a●is
             ex
             corpore
             ju●u
             collecti●
             .
          
           
             a
             Wellwood
             in
             p●ohem
             .
          
           
             b
             Rot.
             de
             artic
             .
             super
             quibu●
             Justi●iaris
             Domini
             Regis
             sunt
             consulendi
             an
             .
             12.
             
             Ed.
             3.
             
          
           
             c
             Lib.
             nigr●
             Admir
             .
             pag
             28.
             
          
           
             d
             Lib.
             nig
             .
             Adm.
             artic
             .
             39.
             pag.
             157.
             
          
           
             e
             Obs
             .
             quod
             curia
             admiralitatis
             est
             curia
             cuius
             acta
             &
             inactita
             sunt
             de
             ●ecordo
             .
          
           
             f
             Lib.
             nig
             .
             Admir
             .
             pag.
             31.
             
          
           
             g
             Li.
             nigro
             Admir
             .
             Artic.
             36.
             pa.
             155.
             
          
           
             h
             Lib.
             nig
             .
             Adm.
             pag.
             27.
             
          
           
             i
             Seld.
             de
             dom
             .
             maris
             ,
             l.
             2.
             c.
             14.
             27
             ,
             28.
             
          
           
             k
             Seld.
             de
             Dom.
             mar
             .
             lib.
             2.
             cap.
             27.
             juxta
             medium
             .
          
           
             l
             Id.
             eod
             .
             loco
             .
             postea
             .
          
           
             m
             Idem
             Eod.
             etiam
             loco
             .
          
           
             n
             Vid.
             cap.
             ult
             .
             hujus
             libri
             .
          
           
             b
             Lamb.
             Arch.
             
          
           
             c
             Lamb.
             Arch.
             
          
           
             d
             Glanvil
             .
             in
             tit
             .
             ej●sd
             .
             lib.
             
          
           
             e
             Glanv
             .
             tit
             .
          
           
             f
             Lamb.
             Arch.
             pag.
             31
             ,
             32.
             
          
           
             g
             Lamb.
             Arch.
             pag.
             35.
             
          
           
             h
             Peckius
             in
             tit
             .
             5.
             l.
             11.
             de
             Naubrag
             
          
           
             i
             Vig.
             Aeneid
             .
             3.
             
          
           
             k
             Id.
             Aen.
             4.
             
          
           
             l
             Lamb.
             Archeion
             .
          
           
             m
             Rot.
             an
             .
             12
             Ed.
             3.
             valent
             articuli
             super
             quibus
             Justic
             .
             &c.
             sunt
             consulendi
             .
          
           
             a
             Petit.
             de
             legibus
             Attic.
             
          
           
             b
             Dem●stbents
             contra
             Apat
             .
             Zenosinem
             &
             Phormionem
             .
          
           
             c
             Sejus
             Satumius
             ad
             Se●
             .
             C.
             Trekel
             .
          
           
             d
             Frecc
             .
             de
             officio
             Admiral
             .
             lib.
             ult
             .
             cap.
             de
             Commerciis
             .
          
           
             e
             Vide
             etiam
             lib.
             2.
             de
             naufrag
             .
          
           
             f
             Consol
             del
             .
             mar
             .
             cap.
             22.
             
          
           
             g
             Marisotus
             orbis
             maritim●
             .
             l.
             2.
             cap.
             27.
             pag.
             545.
             
          
           
             h
             Marisot
             .
             li
             2.
             ca.
             22
             p.
             506.
             vide
             Frecc
             .
             de
             Subsend
             .
             tit
             .
             de
             offic
             .
             Admir
             .
             &
             Franc.
             de
             ponte
             ,
             de
             potestate
             proregis
             .
             Garsias
             mastrilli
             de
             magistrat
             .
             lib.
             5.
             cap.
             13.
             
          
           
             a
             De
             dominio
             maris
             lib.
             2.
             c.
             8
             
          
           
             b
             Idem
             ibid.
             ubi
             citat
             Chopp●●
             de
             dominio
             Franc●ae
             ,
             lib.
             1.
             tit
             .
             15.
             
             §.
             11.
             
             &
             Pas
             quier
             en
             les
             recerches
             ,
             lib.
             2.
             cap
             14.
             
             &
             J.
             Tilium
             de
             rebus
             Ga●licis
             lib.
             2.
             
          
           
             c
             Idem
             .
             Ibid.
             
          
           
             d
             Edicts
             per
             Fontenon
             .
             Append
             .
             Hen.
             3.
             
          
           
             e
             Grego●
             .
             Tholos
             .
             Syntag.
             li.
             47
             tit
             .
             3.
             
             Classan
             .
             p.
             9.
             consid
             .
             16.
             
             D●
             .
             Zon.
             ex
             merisot
             .
             lib.
             2.
             cap.
             15.
             
          
           
             a
             Wellwood
             .
             Prohem
             .
          
           
             b
             Wellwood
             ,
             cap.
             2.
             pag.
             10.
             
          
           
             c
             Idem
             .
             Ibid.
             
          
           
             d
             Id.
             cap.
             eodem
             pag.
             11.
             
          
           
             e
             Id.
             ca.
             eod
             .
             p.
             12
             ubi
             citat
             diplomata
             Admiral
             .
             in
             utroque
             regno
             &
             librum
             de
             officio
             Admir
             .
             Angl.
             
          
           
             a
             Sup.
             cap.
             5
             
          
           
             b
             Seld
             de
             dom
             .
             maris
             .
             li.
             2.
             c.
             26.
             
          
           
             c
             Coke
             Jurisdic
             .
             Court.
             c.
             22.
             
          
        
         
           Notes for div A39089-e12910
           
             a
             Cap.
             ult
             .
             prim
             .
             lib.
             
          
           
             b
             Spelm.
             verbo
             Admirallorum
             series
             .
          
           
             c
             Spelm.
             verb.
             Admir
             Gallic
             .
             p.
             16.
             &
             supra
             cap.
             2.
             lib.
             1.
             sub
             fine
             .
          
           
             Infra
             li
             isto
             2.
             cap.
             14.
             
             &
             15.
             
          
           
             a
             Rot.
             an
             .
             22.
             
             Ed.
             2.
             memb
             .
             7.
             
          
           
             b
             Sup.
             cap.
             1.
             lib.
             prim
             .
          
           
             c
             Rot.
             an
             .
             10
             Ed.
             2.
             secu●da
             parte
             pat
             .
             m.
             22
             
          
           
             d
             Rot.
             eodem
             memb
             .
             eadem
             .
          
           
             e
             Rot.
             eodem
             memb
             .
             eadem
             .
          
           
             f
             Rot.
             Vescoyn
             .
             an
             .
             22.
             
             Ed.
             1.
             memb
             .
             8.
             
          
           
             g
             Ibidem
             .
          
           
             a
             Coke
             Jurisdict
             .
             of
             Courts
             ;
             cap.
             22.
             
          
           
             b
             Idem
             .
             Ibid.
             
          
           
             c
             Rot.
             an
             .
             15.
             
             H.
             3.
             
          
           
             d
             An.
             25
             Ed.
             1.
             prima
             parte
             pat
             .
             m.
             9.
             
          
           
             e
             An.
             19
             Ed.
             2.
             1.
             parte
             pat
             .
             m.
             12.
             
          
           
             f
             An.
             1
             Ed.
             3.
             1.
             part
             .
             paten
             .
             m
             21.
             
          
           
             g
             Supra
             lib.
             1.
             cap.
             1.
             
          
           
             h
             Sup.
             lib.
             1.
             cap.
             5.
             mentionat
             .
             in
             ipsissimis
             verbis
             repetit
             .
          
           
             i
             Sup.
             lib.
             2.
             cap.
             1.
             &
             lib.
             1.
             cap.
             1.
             
          
           
             a
             Eliz.
             5.
             c.
             5.
             
          
           
             b
             Callis
             in
             ●ect
             .
             apud
             Hosp
             .
             Gran
             super
             stat
             .
             23
             H.
             ●
             .
             ca.
             5.
             an
             .
             1622.
             
          
           
             a
             Coke
             Jurisd
             .
             of
             Courts
             ca.
             22.
             
          
           
             b
             Stat.
             13
             R.
             2.
             cap.
             5.
             15
             
             R.
             2.
             ca.
             3.
             
             &
             2
             H.
             4.
             ca.
             11.
             
          
           
             c
             an
             .
             1
             H.
             6.
             
          
           
             d
             Infra
             lib.
             3.
             cap.
             2.
             
          
           
             d
             Supra
             cap.
             4.
             hujus
             2.
             lib.
             Super
             eod
             .
             cap.
             
          
           
             e
             Infra
             lib.
             3.
             cap.
             2.
             
          
           
             f
             Supra
             cap.
             3.
             hujus
             secundi
             lib.
             &
             cap.
             1.
             lib.
             primi
             .
          
           
             g
             Rot.
             an
             .
             35.
             
             E.
             3.
             prima
             parte
             pat
             .
             m
             32
             praecitat
             .
             in
             cap.
             1.
             lib.
             primi
             .
          
           
             h
             Infra
             lib.
             3.
             cap.
             5.
             
          
           
             *
             For
             the
             word
             only
             is
             not
             to
             be
             referred
             to
             any
             thing
             but
             to
             the
             first
             bridges
             ,
             and
             not
             the
             precedent
             words
             and
             things
             .
          
           
             h
             Lacyes
             Ca●●
             
          
           
             i
             Inf●a
             cap.
             9
             ,
             10
             ,
             11
             ,
             12
             ,
             13.
             hujus
             lib.
             2.
             &
             cap.
             1.
             lib.
             3.
             ac
             etiam
             cap.
             3.
             
             &
             4.
             ejusdem
             libri
             3.
             
          
           
             *
             Or
             rather
             addition'd
             to
             the
             manner
             of
             tryal
             ;
             for
             the
             other
             manner
             of
             tryal
             is
             not
             taken
             away
             by
             this
             .
          
           
             a
             L.
             1.
             ad
             Senat
             .
             C.
             Maced
             .
          
           
             a
             The
             Register
             ;
             but
             quoteth
             not
             what
             place
             .
             
               T.
               N.
               B.
               fol.
               81.
               
               〈…〉
               F.
               
            
          
           
             b
             Temp.
             E.
             1.
             tit
             .
             Avowry
             192
             
          
           
             c
             Sup.
             cap.
             5.
             ●ujus
             lib.
             2.
             
          
           
             d
             Serj.
             Callis
             in
             1.
             
             Lect.
             apud
             ●esp
             .
             
               Grai
               .
               An.
            
             1622.
             
          
           
             e
             Stam.
             pl.
             coron
             .
             li.
             1.
             fol.
             51.
             6.
             
          
           
             f
             Stam.
             pl.
             ●oron
             .
             li.
             1.
             fol.
             51.
             6.
             
          
           
             g
             Idem
             .
             Ibid.
             
          
           
             h
             Fitz
             Herb.
             pl.
             206.
             
          
           
             i
             Britt
             .
             fol.
             6.
             
          
           
             k
             Stam.
             tit
             .
             draed
             .
             p.
             399.
             
          
           
             l
             Stat.
             15.
             
             R
             2.
             c.
             3.
             
          
           
             m
             Supra
             cap.
             eod
             .
             May
             1.
             58.
             
          
           
             n
             43.
             
             Ed.
             3.
             
          
           
             o
             Dyer
             term
             Mich.
             15.
             16.
             
             El.
             
          
           
             p
             Call●●
             l●ct
             .
             in
             H●●p
             .
             G●●ii
             p.
             26
             u●i
             citat
             calu●
             .
             d●m
             .
             Hen.
             Con●●able
             .
          
           
             q
             B●act
             .
             c.
             12.
             
          
           
             r
             7.
             
             Coke
             Rep.
             
          
           
             ſ
             〈…〉
             .
          
           
             t
             〈…〉
             Trin.
             25.
             
             El.
             
          
           
             u
             〈…〉
             .
          
           
             w
             〈…〉
             
          
           
             x
             Casus
             Lacy
             Trin.
             25.
             
             El.
             
          
           
             y
             8
             Ed.
             4.
             19.
             
          
           
             z
             S●
             .
             ampliare
             Juridictioonem
             in
             quibus
             non
             est
             amplia●da
             ,
             &c.
             
          
           
             a
             〈◊〉
             .
             scac
             .
             Pasc
             .
             17.
             
             El.
             
          
           
             b
             46.
             
             Ed.
             3.
             3.
             tit
             .
             tit
             .
             connusance
             .
             36.
             
          
           
             c
             7
             R
             2.
             tit
             .
             trespass
             in
             Stath
             .
             pl.
             
             54.
             
          
           
             d
             7.
             
             H.
             6.
             32.
             
          
           
             e
             Super
             c.
             7.
             hujus
             2.
             lib.
             
          
           
             f
             Stat.
             15.
             
             R.
             2.
             c.
             3.
             
          
           
             g
             Infra
             cap.
             
          
           
             h
             19.
             
             H.
             6.
             7.
             
          
           
             i
             15
             R.
             2.
             c.
             3.
             
          
           
             k
             22
             ass
             .
             pl.
             93.
             
          
           
             l
             Lib.
             E.
             2.
             praecitat
             .
          
           
             m
             22.
             ass
             .
             pl
             ,
             93.
             
          
           
             n
             8
             Ed.
             2.
             praecitat
             .
          
           
             o
             Fortesc
             .
             ca.
             32.
             f.
             38.
             
          
           
             p
             2
             R.
             2.
             g.
             12.
             
          
           
             q
             Seld.
             Mare
             clausum
             ,
             de
             dominio
             maris
             per
             totum
             .
          
           
             r
             Super
             l.
             1.
             cap.
             2.
             
          
           
             ſ
             Super
             hoc
             capite
             .
          
           
             t
             4
             &
             5.
             
             Ph.
             &
             ma
             Dyet
             159.
             6.
             
          
           
             u
             Inf.
             a
             lib.
             3.
             c.
             2
             ,
             3
             ,
             4
             ,
             &c.
             
          
           
             x
             Sup.
             lib.
             2.
             c.
             7.
             
          
           
             y
             Inf.
             l.
             3.
             c.
             2
             ,
             3
             ,
             4
             ,
             &c.
             
          
           
             z
             
               Book
               of
               Entries
            
             ,
             fol.
             23.
             tit
             .
             Admiralty
             .
          
           
             a
             Super
             l.
             2.
             c.
             7.
             
          
           
             b
             I●s
             .
             l
             3.
             c.
             2
             ,
             3
             ,
             4
             ,
             &c.
             
          
           
             c
             Rot.
             140.
             
             Mich.
             16
             H.
             8.
             
          
           
             d
             Sup.
             l.
             2.
             c.
             ●
             .
          
           
             e
             〈◊〉
             super
             l.
             2.
             c.
             1.
             
          
           
             f
             Serjeant
             Callis
             Lect.
             1.
             p.
             31.
             
          
           
             g
             F.
             〈◊〉
             caup
             .
             stab
             .
             l.
             1.
             sect
             .
             3.
             
          
           
             h
             Ead.
             l.
             sect
             .
             2.
             
          
           
             i
             Eod.
             &
             ead
             .
             l.
             sect
             .
             6.
             
          
           
             k
             Eodem
             .
          
           
             l
             Ead.
             leg
             .
             sect
             .
             7.
             
          
           
             m
             Ead.
             leg
             .
             sect
             .
             recepit
             .
          
           
             n
             Glos●
             .
             super
             eod
             .
             sect
             .
             verb.
             &
             factum
             .
          
           
             o
             T.
             eod
             .
             leg
             .
             debet
             Exercitor
             
          
           
             p
             Eod.
             leg
             .
             &
             ita
             .
          
           
             p
             F.
             de
             leg
             .
             Rhod
             l.
             Navis
             onustae
             .
          
           
             q
             Cod.
             de
             judi
             .
             l.
             nulli
             .
          
           
             r
             ●
             .
             ad
             legem
             .
             〈◊〉
             .
             l.
             navis
             .
          
           
             ſ
             Eod.
             l.
             lege
             .
          
           
             t
             Ead.
             si
             laborante
             &
             closs
             .
             &
             sect
             .
             cum
             in
             ead
             .
             &
             ibi
             gloss
             .
             &
             l.
             am●ssae
             &
             l.
             cum
             depressa
             .
          
           
             u
             L.
             ead
             .
             §
             si
             conservatis
             .
          
           
             x
             Ead
             ●cum
             〈◊〉
             &
             ibi
             gloss
             .
          
           
             y
             Ead.
             〈◊〉
             navis
             .
          
           
             z
             Ead.
             ●
             .
             portio
             .
          
           
             a
             Ead.
             sect
             .
             severum
             sect
             .
             signis
             sect
             .
             si
             res
             &
             sex
             .
             res
             autem
             &
             l.
             qui
             levandae
             .
          
           
             b
             L.
             cum
             arbor
             ,
             &
             l.
             amissa
             sect
             .
             arbore
             .
          
           
             c
             Tit.
             eod
             .
             l.
             Navis
             ,
             sect
             .
             sed
             〈◊〉
             .
          
           
             d
             L.
             ead
             .
             sect
             .
             cum
             autem
             &
             gloss
             .
          
           
             e
             E.
             ead
             .
             l.
             amissa
             .
          
           
             f
             Eod.
             navis
             adveasa
             &
             gloss
             .
             &
             l.
             cum
             .
             depressa
             .
          
           
             h
             F.
             ad
             legem
             Aquiliam
             l.
             quem
             admodum
             .
             Sect.
             2
             ,
             3
             ,
             4
             ,
             &
             5.
             
          
           
             a
             Li.
             1.
             c.
             4.
             
          
           
             b
             La
             ley
             Oler
             .
          
           
             c
             La
             ley
             Oler
             .
             Jud.
             5.
             
          
           
             d
             Ol.
             Jud.
             6.
             
          
           
             e
             Ol.
             Jud.
             7.
             
          
           
             f
             Ol.
             Jud
             9.
             in
             quibusque
             l.
             jud
             .
             10.
             
          
           
             g
             Ol
             Jud.
             12
             in
             quibusque
             lib.
             11.
             
          
           
             h
             Ol.
             Jud.
             15.
             in
             aliis
             lib.
             14.
             
          
           
             i
             O●
             .
             Jud.
             16.
             in
             aliis
             15.
             
          
           
             k
             Ol.
             Jud.
             21.
             in
             aliis
             l.
             20.
             
          
           
             l
             Ol.
             Jud.
             33.
             34.
             
             &
             Jud.
             24.
             
          
           
             m
             Ol.
             Jud.
             3●
             .
          
           
             a
             Stat.
             ult
             .
             pa.
             16.
             
          
           
             b
             The
             Jurates
             Oath
             pag.
             17.
             2
             
          
           
             c
             Pag.
             18.
             
          
           
             d
             Art.
             1.
             p.
             18.
             
          
           
             e
             Art.
             2.
             p.
             18.
             
          
           
             f
             Art.
             3.
             p.
             19.
             
          
           
             g
             Art.
             4.
             p.
             19.
             
          
           
             h
             Art.
             5.
             p.
             19.
             
          
           
             i
             Art.
             6.
             p.
             20.
             
          
           
             k
             Art.
             7.
             p.
             20.
             
          
           
             l
             Art.
             8.
             p.
             21.
             
          
           
             m
             Pag.
             21.
             
          
           
             n
             Pag.
             22.
             
          
           
             o
             Pag.
             22.
             
          
           
             p
             Pag.
             23.
             
          
           
             q
             Pag.
             23.
             
          
           
             r
             Pag.
             24.
             
          
           
             ſ
             Pag.
             26.
             
             &
             27.
             
          
           
             t
             Pag.
             28.
             
          
           
             u
             7
             H.
             6.
             22.
             35.
             
          
           
             w
             Sup.
             l.
             2.
             cap
             8.
             
          
           
             x
             Pag.
             31.
             
          
           
             y
             Pag.
             34.
             
          
           
             z
             Pag.
             31.
             
          
           
             a
             Pag.
             31.
             
          
           
             b
             Pag.
             33.
             
          
           
             c
             Pag.
             33.
             
          
           
             d
             Pag.
             35.
             
          
           
             e
             Pag.
             36.
             
          
           
             f
             Pag.
             36.
             
          
           
             g
             Pag.
             37.
             
          
           
             a
             Pag.
             58.
             
          
           
             b
             Ord.
             17.
             pa.
             63.
             
          
           
             c
             Sup.
             ca●
             .
             prox
             .
             praed
             .
          
           
             d
             Ord.
             16.
             pag.
             63.
             
          
           
             e
             Ord.
             ult
             .
             p.
             64.
             
          
           
             f
             Art
             ,
             5
             ,
             6
             ,
             7.
             p.
             67.
             
          
           
             g
             Art.
             26.
             p.
             67.
             
          
           
             h
             A●t
             .
             27.
             ●a
             68.
             
          
           
             i
             Art.
             29
             &
             30.
             p.
             68.
             
          
           
             k
             Art.
             32
             ,
             33.
             
             &
             34.
             pa.
             69.
             
          
           
             l
             A●t
             .
             38
             ,
             39.
             pag.
             70.
             
          
           
             m
             〈◊〉
             .
             27
             ,
             28
             ,
             29.
             pa.
             71.
             72.
             
          
           
             n
             Art.
             48.
             p.
             72.
             
          
           
             o
             Cap.
             
          
           
             p
             Art.
             41.
             42.
             pa.
             71.
             
          
           
             q
             Art.
             49.
             
             &
             54.
             p.
             73.
             
          
           
             r
             Art.
             56.
             pa.
             74.
             
          
           
             ſ
             Art.
             60.
             
             &
             61.
             pag.
             75.
             
          
           
             t
             Art.
             66.
             pa.
             75.
             
          
           
             u
             Pag.
             76
             ▪
             
          
           
             a
             I
             here
             contradict
             not
             Wel
             for
             Roughton
             might
             also
             translate
             the
             Statutes
             and
             Articles
             of
             Quinborow
             at
             some
             other
             time
             as
             well
             as
             these
             .
          
           
             b
             Sup.
             lib.
             1.
             cap.
             
          
           
             b
             Sup.
             lib.
             1.
             cap.
             
          
           
             c
             Articulorum
             fronte
             .
          
           
             d
             
               Certis
               tida
               &
               loco
               ;
               nota
               ,
            
             that
             the
             tide
             is
             observed
             by
             ebbing
             and
             flowing
             upon
             the
             Ports
             and
             Havens
             ,
             and
             not
             upon
             the
             high
             sea
             .
          
           
             e
             Cap.
             
          
           
             g
             Roughton
             Art.
             6
             &
             18.
             
          
           
             h
             Roughton
             ,
             Art.
             7.
             
          
           
             i
             Roughton
             ,
             Art.
             10.
             
          
           
             k
             Roughton
             ,
             Art.
             12.
             
          
           
             l
             Roughton
             ,
             Art.
             14.
             
          
           
             m
             Rought
             .
             Art.
             16.
             
          
           
             n
             Roughton
             ,
             Art.
             20.
             
          
           
             o
             Roughton
             ,
             Art.
             22.
             
          
           
             p
             Roughton
             ,
             Art.
             24.
             
          
           
             q
             Roughton
             ,
             Art.
             26.
             
          
           
             r
             Roughton
             ,
             Art.
             27.
             
             &
             28.
             
          
           
             ſ
             Roughton
             ,
             Art.
             29
             ,
             30
             ,
             &
             31.
             
          
           
             t
             Roughton
             ,
             Art.
             ●5
             .
          
           
             u
             Roughton
             ,
             Art.
             36.
             
          
           
             w
             Roughton
             ,
             〈…〉
             
          
           
             x
             Roughton
             ,
             Art.
             ●0
             .
          
           
             y
             R.
             Art.
             42
             ,
             43
             ,
             44.
             
          
           
             z
             R.
             Art.
             45.
             
          
           
             a
             R.
             Art.
             49.
             
          
           
             b
             R.
             Art.
             34.
             
          
           
             c
             Justin
             .
             in
             confirm
             .
             F.
             in
             prin
             .
          
           
             d
             Idem
             .
             Ibid.
             
          
           
             e
             Idem
             ,
             Ibid.
             
          
           
             f
             Boer
             .
             de
             Authoritate
             Parla
             .
             Ga●
             n.
             165.
             
          
           
             g
             Id.
             eod
             loco
             .
          
           
             h
             Bart.
             l.
             2.
             c.
             d●u●c
             .
             l.
             10.
             
          
           
             i
             Boer
             .
             eod
             .
             lo.
             
          
           
             k
             Id.
             Ibid.
             
          
           
             l
             L.
             humanū
             Cod.
             de
             lege
             .
          
           
             m
             Boer
             .
             eod
             .
             lo.
             n.
             166.
             
          
           
             n
             Paul.
             de
             Castr●
             Consil
             .
             334.
             vol.
             antiq
             .
          
           
             o
             Id.
             Boer
             .
             n.
             eod
             .
          
           
             p
             Id.
             Ibid.
             num
             .
             171.
             
          
           
             a
             Sup.
             lib.
             2.
             cap.
             1.
             
          
           
             b
             Suqr
             .
             l.
             2.
             
          
           
             a
             F.
             tit
             .
             9.
             lib.
             4.
             
          
           
             b
             F.
             lib.
             14.
             tit
             .
             1.
             
          
           
             c
             F.
             lib.
             14.
             tit
             .
             2.
             
          
           
             d
             Sup.
             lib.
             2.
             cap.
             9
             ,
             10
             ,
             14.
             
          
           
             e
             F.
             lib.
             47.
             tit
             9.
             
          
           
             f
             Peckius
             in
             pr●●cipio
             super
             dicto
             tit
             .
          
           
             g
             F.
             lib
             4●
             .
             tit
             .
             9.
             l.
             1.
             l.
             etiam
             3.
             
             §
             〈…〉
             Prator
             .
          
           
             h
             Leg.
             eadem
             .
             §
             non
             tantum
             .
          
           
             i
             L.
             eadem
             §.
             non
             solum
             .
          
           
             k
             〈◊〉
             .
             de
             incend
             .
             ruin
             .
             nauf
             .
             l
             Praetor
             ait
             .
             Sect.
             Item
             Praetor
             ait
             :
             &
             l.
             siquis
             5.
             
             Sect.
             ●acentem
             .
          
           
             l
             Eod.
             l.
             quo
             naufragium
             in
             prin
             .
          
           
             m
             ●od
             .
             l.
             Pedius
             .
             Sect.
             Divus
             Antonius
             .
          
           
             n
             Eod.
             l.
             Ne
             quid
             .
             7.
             
          
           
             o
             Authr
             .
             Navigia
             ,
             &
             de
             Furtis
             .
          
           
             p
             Peckius
             super
             〈◊〉
             .
          
           
             q
             Peck
             .
             Ibid.
             
          
           
             r
             L.
             11.
             &
             〈◊〉
             naufragiis
             .
             tit
             .
             5.
             l.
             siquando
             1.
             
          
           
             ſ
             Object
             .
             e●
             stat
             .
             15.
             
             Rich.
             2.
             cap.
             3.
             
          
           
             t
             Supra
             cap.
             hoc
             hujus
             lib.
             1.
             
          
           
             u
             F.
             de
             incend
             .
             ruin
             .
             naufr
             .
             l.
             Praetor
             ait
             Sect.
             〈◊〉
             .
             Praetor
             ait
             ,
             &
             l.
             Siquis
             5.
             
             Jacentem
             &
             .
             l.
             quo
             naufr
             .
             prin
             .
          
           
             w
             C.
             li.
             tit
             .
             1.
             de
             nav
             cular●is
             seu
             naucleris
             publicas
             species
             transportantibus
             l.
             nullam
             vim
             .
          
           
             x
             ●od
             .
             l.
             fin
             .
             Judice●
             qui.
             
          
           
             y
             Peckius
             super
             ead
             .
             leg
             .
          
           
             z
             F.
             de
             .
             navibus
             non
             excusandis
             .
             C.
             li.
             11.
             tit
             .
             3.
             
             &
             Peck
             .
             ibidem
             .
          
           
             a
             F.
             ne
             quid
             .
             fiat
             in
             stum
             .
             publ
             .
             l.
             1.
             in
             .
             prin
             .
          
           
             b
             F.
             ne
             quia
             in
             stum
             .
             publ
             .
             l.
             1.
             in
             prin
             .
          
           
             b
             ●od
             .
             l.
             〈◊〉
             &
             §
             ●●d
             .
          
           
             c
             Eod.
             l.
             ead
             .
             &
             5.
             15.
             
          
           
             d
             Eod.
             l.
             ead
             .
             §.
             17.
             
          
           
             e
             28
             H.
             8.
             15.
             
          
           
             Rot.
             Adm●r
             .
             an
             .
             28.
             
             Eli●
             .
             m.
             10.
             
          
           
             Rot.
             Ad.
             an
             .
             eod
             .
             m.
             17
             ,
             18
             ,
             &
             19.
             alia
             sunt
             precepta
             sub
             eod
             .
             tenore
             .
          
           
             Rot.
             Admir
             .
             an
             .
             28.
             
             Eliz.
             m.
             32.
             
          
           
             Rot.
             Admir
             .
             an
             .
             eod
             .
          
           
             Rot.
             Admir
             .
             an
             .
             28.
             
             El.
             m.
             29.
             
          
           
             Rot.
             Admir
             .
             an
             .
             28.
             
             El.
             m.
             33.
             
          
           
             Rot.
             Admir
             .
             an
             .
             ●8
             .
             El.
             m.
             14.
             
          
           
             ●od
             .
             an
             .
             m.
             1●
             .
             m
             13.
             
          
           
             Rot.
             Admir
             .
             an
             .
             28.
             
             El.
             m.
             24.
             
          
           
             ●ot
             .
             Admir
             .
             an
             .
             28.
             
             El.
             m.
             21.
             
          
           
             Rot.
             Admir
             .
             an
             .
             21.
             
             El.
             m.
             25.
             
          
           
             Rot.
             Admir
             .
             an
             .
             28.
             
             El.
             m.
             23.
             
          
           
             a
             Super
             fil
             .
             prohib
             .
             &
             consul
             .
             〈◊〉
             ●egisto
             ,
             Ad●
             .
             m.
             39.
             
          
           
             b
             27.
             
             May.
             35.
             
             H.
             8.
             
          
           
             c
             Eod.
             m.
             66.
             
          
           
             Super
             eod
             .
             fil
             .
             m.
             8.
             
          
           
             Ins
             .
             cap.
             lib.
             3.
             
          
           
             〈◊〉
             eod
             .
             fil
             .
             ●
             .
             5.
             
          
           
             Sup.
             eod
             .
             fil
             .
             m
             17.
             
          
           
             Infra
             lib.
             3.
             cap.
             9.
             
          
           
             So
             that
             the
             Charter-party
             though
             made
             at
             land
             ,
             by
             this
             Statue
             is
             cognoscible
             by
             the
             Admiralty
             for
             the
             breach
             of
             it
             .
          
           
             Sup.
             cap
             10
             ,
             11
             ,
             12
             ,
             13.
             hujus
             lib.
             2.
             
          
           
             Sup.
             cap.
             10
             ,
             11
             ,
             12
             ,
             13.
             hujus
             lib.
             2.
             
          
        
         
           Notes for div A39089-e38110
           
             Sup.
             lib.
             2.
             c.
             
          
           
             Sup.
             li.
             2.
             c.
             14.
             
          
           
             Coke
             li.
             4.
             instit
             .
             cap.
             22.
             
          
           
             Coke
             li.
             4.
             instit
             .
             cap.
             22.
             
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             a
             〈…〉
             
          
           
             F.
             de
             legibus
             l.
             scire
             leges
             .
          
           
             g
             Rot.
             Parl.
             a●
             13.
             
             R.
             2.
             m.
             41.
             
          
           
             h
             Rot.
             Parl.
             an
             .
             13.
             
             R.
             2.
             n.
             41.
             
          
           
             Sup.
             l.
             1.
             cap.
             1.
             
          
           
             Inf●a
             cap.
             proxim
             .
             &
             sequent
             .
          
           
             Stat.
             Rich.
             2.
             13.
             5.
             
          
           
             Li.
             nigro
             Admirallitatis
             ,
             p.
             29.
             
          
           
             Rough.
             Ar.
             38.
             
          
           
             Sup.
             li.
             1.
             c.
             2.
             
          
           
             Seunda
             pars
             hujus
             Capitis
             .
          
           
             Super
             li.
             
          
           
             Oler
             .
             Judg.
             1.
             
          
           
             Supr
             .
             li.
             〈◊〉
             secundo
             cap.
             1
             ,
             2.
             
          
           
             L
             Oler
             .
             jud
             .
             20.
             
          
           
             Oler
             .
             jud
             .
             20
             
          
           
             Super.
             li.
             cap.
             
          
           
             Ol.
             Jud.
             22.
             
          
           
             Ol.
             Jud
             ,
             25.
             
          
           
             Ol.
             Jud.
             26.
             jud
             .
             29
             ,
             &
             30.
             judm
             .
             31.
             
          
           
             Oler
             .
             Jud.
             33.
             
          
           
             Oler
             .
             Jud.
             24.
             
             &
             34.
             
          
           
             Sup
             ●
             .
          
           
             Edw.
             3.
             
          
           
             Sup.
             li.
             2.
             cap.
             12.
             
          
           
             Sup.
             li.
             3.
             ca.
             1.
             
          
           
             
               Sup.
               cap.
            
             of
             the
             second
             book
             .
          
           
             Inq.
             apud
             Quin.
             capta
             art
             .
             14.
             
          
           
             Inq.
             apud
             Quin.
             capta
             art
             .
             15.
             
          
           
             Inq.
             Quin.
             art
             .
             51.
             
          
           
             Inq.
             Quin.
             art
             .
             52.
             
          
           
             Inq.
             Quin.
             art
             .
             53.
             
          
           
             Sup
             l.
             2.
             ca.
             10.
             
          
           
             Sup.
             cap.
             2
             ▪
             hujus
             lib.
             
          
           
             Coke
             li.
             2.
             inst
             .
             cap.
             22.
             
          
           
             Stat.
             15
             R.
             2.
             cap
             3.
             
          
           
             Stat.
             13
             R.
             2.
             cap.
             5.
             
          
           
             Sup.
             cap.
             2.
             hujus
             lib.
             3.
             
          
           
             Rot.
             Parl.
             1●
             .
             R.
             2.
             n.
             30.
             
          
           
             Coke
             Jurisd
             .
             of
             Courts
             ,
             cap.
             22.
             
          
           
             Sup.
             cap.
             5.
             l.
             2.
             
          
           
             Sup.
             cap.
             2
             ▪
             hujus
             lib.
             3.
             
          
           
             F.
             de
             obl
             .
             &
             act
             .
             l.
             contraxisse
             .
          
           
             F.
             de
             bonis
             a●ab
             .
             jud
             .
             poss
             .
          
           
             F.
             de
             jud
             .
             l.
             haeres
             .
             §.
             sin
             .
          
           
             F.
             eodem
             l.
             65.
             
             Decis
             .
             sen
             .
             Dolani
             per
             Grevellum
             decis
             .
             91.
             n.
             8.
             
          
           
             Sup.
             hoc
             .
             cap.
             
          
           
             Sup.
             hoc
             .
             cap.
             
          
           
             8
             ●d
             .
             2
             tit
             .
             Coron
             .
             399.
             
          
           
             Stan●
             .
             Pl.
             of
             the
             Crown
             .
             lib.
             1.
             fol.
             51.
             b.
             
          
           
             Sup.
             li.
             2.
             ca.
             5.
             
          
           
             Ins
             .
             cap.
             7.
             li.
             3.
             
          
           
             Sup.
             li.
             2.
             ca.
             5.
             
          
           
             Cokes
             Juris
             of
             Courts
             ,
             
               cap.
               22.
            
             
          
           
             Parl.
             2
             H.
             4.
             mem
             .
             75.
             
          
           
             2.
             
             Hen.
             4
             mem
             .
             75.
             
          
           
             ●up
             .
             li.
             2
             ▪
             cap.
             5.
             
          
           
             Sup.
             hoc
             cap
             ▪
             〈◊〉
             .
          
           
             Sup.
             lib.
             cap.
             
          
           
             Sup.
             c.
             6.
             li.
             2●
             .
          
           
             28.
             
             Eli.
             Paschae
             .
          
           
             J.
             par
             patend
             .
             15.
             
             ●
             .
             2.
             m.
             27.
             
          
           
             An.
             17
             17
             Ric.
             2.
             1.
             part
             .
             pat
             .
             m.
             7.
             
          
           
             An
             10
             H.
             4.
             
             〈…〉
             .
             6.
             
          
           
             An
             11.
             
             H.
             4.
             1.
             parte
             paten
             m.
             12.
             
          
           
             Coke
             Instit
             .
             part●
             4.
             cap.
             22.
             pag.
             146.
             
          
           
             〈…〉
             .
          
           
             An.
             29.
             
             H.
             8.
             in
             〈◊〉
             ut
             in
             .
             〈◊〉
             Adm.
             m.
             34.
             
          
           
             An.
             31
             H.
             3.
             in
             Fit.
             prohib
             .
             &
             consult
             .
             in
             Registro
             Adm.
             
          
           
             An.
             H
             8.
             31.
             in
             Fil.
             prohib
             .
             &
             consul
             .
             m.
             56.
             
          
           
             Fil.
             prohib
             .
             &
             consulta
             in
             Registro
             Admir
             .
             m.
             79.
             
          
           
             24
             Hen
             8.
             11
             
             Julii
             .
          
           
             14
             Julii
             38
             H.
             8.
             
          
           
             Hil.
             32.
             
             Eliz.
             
          
           
             Term.
             Hil
             prox
             .
          
           
             1
             June
             32
             Eliz.
             
          
           
             1.
             
             Jan.
             45
             Elig
             .
          
           
             Sup.
             lib.
             3.
             ●
             cap.
             2.
             
          
           
             Pasc
             .
             9
             Car.
             
          
           
             Pasch
             .
             9
             ca●
             .
          
           
             Sup.
             li.
             3.
             ca.
             2
             ,
             3
             ,
             4
             ,
             &c.
             
          
           
             Sup.
             li.
             3.
             cap.