De jure maritimo et navali, or, A treatise of affairs maritime and of commerce in three books / by Charles Molloy.
         Molloy, Charles, 1646-1690.
      
       
         
           1676
        
      
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             De jure maritimo et navali, or, A treatise of affairs maritime and of commerce in three books / by Charles Molloy.
             Molloy, Charles, 1646-1690.
             White, Robert, 1645-1703.
          
           [22], 452 [i.e. 380], [24] p.
           
             Printed for John Bellinger ... George Dawes ... and Robert Boulter ...,
             London :
             1676.
          
           
             Includes bibliographical references and index.
             Reproduction of original in Bodleian Library.
          
        
      
    
     
       
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         eng
      
       
         
           Maritime law.
           Commercial law.
        
      
    
     
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           DE
           Jure
           Maritimo
           ET
           NAVALI
           :
           OR
           ,
           A
           TREATISE
           OF
           Affaires
           Maritime
           ,
           And
           of
           Commerce
           .
        
         
           In
           Three
           Books
           .
        
         
           LONDON
           ,
           Printed
           for
           
             John
             Bellinger
          
           in
           
             Clifford's
             Inne
          
           Lane
           against
           the
           West
           Doore
           of
           St.
           
           Dunstan's
           Church
           ;
           And
           
             George
             Dawes
          
           in
           
             Chancery
             Lane
          
           against
           Lincolns-Inne
           Gate
           ;
           And
           
             Robert
             Boulter
          
           at
           the
           
           Turk's
           Head
           in
           Cornhill
           .
           1676.
           
        
      
       
         
         
         
           THE
           Wisdome
           of
           God
           is
           highly
           to
           be
           admired
           ,
           who
           hath
           not
           endowed
           the
           other
           living
           Creatures
           with
           that
           Soveraigne
           Perfection
           of
           Wisdome
           ,
           but
           hath
           secured
           and
           provided
           for
           them
           by
           natural
           Muniments
           from
           assault
           and
           peril
           and
           other
           necessities
           ;
           But
           to
           Man
           ,
           he
           formed
           him
           naked
           and
           frail
           ,
           because
           of
           furnishing
           him
           with
           Wisdome
           ,
           Understanding
           ,
           Memory
           and
           Sence
           to
           govern
           his
           Actions
           ,
           endowing
           him
           with
           that
           pious
           affection
           of
           desiring
           Society
           ,
           whereby
           one
           is
           inclined
           to
           defend
           ,
           love
           ,
           cherish
           and
           afford
           mutual
           ayd
           to
           each
           other
           :
           Nor
           hath
           he
           in
           no
           less
           a
           wonderful
           manner
           (
           Infinitely
           Transcending
           all
           humane
           wisdom
           
           and
           understanding
           )
           created
           the
           material
           world
           to
           be
           subservient
           to
           his
           Being
           and
           Well-being
           :
           Yet
           ,
           without
           humane
           Understanding
           and
           Reason
           did
           he
           not
           build
           a
           Ship
           ,
           raise
           a
           Fort
           ,
           make
           Bread
           or
           Cloth
           ,
           but
           these
           came
           to
           pass
           onely
           by
           humane
           Arts
           and
           Industry
           ,
           in
           which
           by
           the
           Revolutions
           of
           the
           Coelestial
           Bodies
           ,
           Times
           and
           Seasons
           ,
           materials
           and
           other
           necessaries
           are
           brought
           forth
           ,
           by
           the
           alteration
           of
           which
           ,
           men
           in
           their
           proper
           seasons
           reap
           the
           fruits
           of
           their
           Labour
           ;
           so
           that
           there
           is
           no
           Society
           ,
           †
           Nation
           ,
           Countrey
           or
           Kingdom
           but
           stands
           in
           need
           of
           another
           :
           hence
           it
           is
           that
           men
           knowing
           each
           others
           necessities
           ,
           are
           invited
           to
           Traffique
           and
           Commerce
           in
           the
           different
           parts
           and
           emensities
           of
           this
           vast
           World
           to
           supply
           each
           others
           necessities
           ,
           and
           adorn
           the
           conveniences
           of
           humane
           life
           .
        
         
           And
           as
           God
           hath
           so
           ordered
           this
           wonderful
           dependance
           of
           his
           Creatures
           on
           each
           other
           ,
           so
           
           hath
           he
           by
           a
           Law
           Immutable
           provided
           a
           Rule
           for
           Men
           in
           all
           their
           actions
           ,
           obliging
           each
           other
           to
           the
           performance
           of
           that
           which
           is
           right
           not
           onely
           to
           Justice
           ,
           †
           but
           likewise
           to
           all
           other
           Moral
           Virtues
           ;
           the
           which
           is
           no
           more
           
             but
             the
             dictate
             of
             right
             Reason
             founded
             in
             the
             Soul
             of
             Man
             ,
             shewing
             the
             necessity
             to
             be
             in
             some
             act
             by
             its
             convenience
             and
             disconvenience
             in
             the
             rational
             nature
             in
             Man
             ,
             and
             consequently
             that
             it
             is
             either
             forbidden
             or
             commanded
             by
             the
             Author
             of
             Nature
             ,
             which
             is
             the
             Eternal
             Creator
             of
             all
             things
             :
          
           And
           as
           God
           hath
           imprinted
           this
           Universal
           Law
           in
           the
           minds
           of
           all
           Men
           ,
           so
           hath
           he
           given
           Men
           power
           (
           Society
           being
           admitted
           )
           to
           establish
           other
           Lawes
           which
           proceeds
           from
           the
           will
           ,
           the
           which
           is
           drawn
           from
           the
           Civil
           power
           ,
           that
           is
           ,
           from
           him
           or
           them
           that
           Rule
           the
           Commonwealth
           or
           Society
           of
           Freemen
           united
           for
           their
           common
           benefit
           ,
           (
           which
           is
           called
           the
           
             Lawes
             of
             Nations
          
           )
           and
           which
           by
           the
           will
           of
           all
           or
           many
           Nations
           ,
           hath
           received
           force
           to
           oblige
           ,
           and
           is
           *
           proved
           by
           a
           continued
           use
           and
           testimony
           of
           Authentique
           Memorials
           of
           Learned
           or
           Skilful
           Men.
           
        
         
           Now
           by
           the
           Lawes
           of
           Nature
           every
           Man
           is
           bound
           to
           profit
           another
           in
           what
           he
           can
           ,
           †
           nor
           is
           the
           same
           onely
           Lawful
           but
           Commendable
           ;
           so
           true
           was
           that
           saying
           ,
           
             Nothing
             is
             more
             serviceable
             to
             man
             then
             man
             :
          
           *
           But
           if
           Man
           shall
           neglect
           this
           immutable
           Law
           in
           the
           ayding
           and
           assisting
           his
           fellow
           Citizen
           ,
           and
           enquire
           and
           dispute
           why
           God
           had
           laid
           this
           necessity
           upon
           him
           ;
           And
           when
           Opportunity
           gives
           leave
           to
           take
           the
           benefit
           of
           Wind
           or
           Tyde
           ,
           (
           in
           order
           to
           his
           furnishing
           himself
           or
           Neighbour
           with
           those
           things
           that
           adorn
           humane
           life
           )
           to
           dispute
           the
           Causes
           of
           their
           flux
           and
           reflux
           ,
           and
           how
           they
           vary
           and
           change
           ,
           He
           not
           only
           offends
           the
           Laws
           of
           Nature
           ,
           but
           assumes
           
           a
           power
           of
           destroying
           Society
           ,
           and
           consequently
           becomes
           (
           at
           the
           least
           )
           a
           wilful
           transgressor
           of
           the
           Lawes
           of
           Nations
           .
        
         
           And
           though
           the
           Eternal
           Power
           hath
           so
           Established
           this
           necessity
           in
           Mankind
           ,
           that
           every
           man
           should
           stand
           in
           need
           of
           another
           man
           ,
           yet
           so
           great
           a
           Providence
           is
           over
           Industrious
           men
           ,
           that
           scarce
           any
           man
           not
           disabled
           by
           Nature
           or
           Accident
           ,
           Sickness
           ,
           Impotenoy
           and
           the
           like
           ,
           but
           by
           his
           Industry
           and
           pains
           may
           earn
           more
           than
           would
           supply
           his
           necessities
           ;
           and
           so
           much
           as
           any
           man
           gets
           by
           being
           truly
           Industrious
           above
           what
           supplyes
           his
           necessities
           ,
           is
           so
           much
           beneficial
           to
           himself
           and
           Family
           ,
           as
           also
           an
           enriching
           to
           that
           Kingdome
           or
           State
           where
           he
           resides
           :
           from
           hence
           it
           is
           ,
           that
           all
           Mankind
           (
           present
           or
           to
           come
           )
           are
           either
           Traders
           by
           themselves
           or
           others
           ;
           and
           the
           ends
           designed
           by
           Trade
           and
           Commerce
           ,
           are
           Strength
           ,
           Wealth
           and
           Imployment
           for
           all
           sorts
           of
           people
           ,
           (
           where
           the
           same
           doth
           most
           flourish
           )
           the
           end
           *
           tending
           to
           the
           advancement
           ,
           Oppulancy
           and
           greatness
           of
           such
           a
           Kingdom
           or
           State.
           
        
         
           Constantinople
           (
           the
           Throne
           once
           of
           Christendome
           )
           
           having
           been
           Sack't
           by
           Mahomet
           the
           Second
           ,
           became
           a
           place
           of
           desolation
           as
           well
           as
           horror
           ,
           yet
           he
           by
           granting
           a
           free
           Trade
           and
           Religion
           soon
           after
           repeopled
           that
           great
           (
           but
           unhappy
           )
           Spott
           .
           Nor
           did
           Silemus
           tread
           amiss
           in
           following
           the
           steps
           of
           his
           Victorious
           Predecessor
           ,
           when
           having
           the
           like
           success
           on
           Tauris
           and
           
             Grand
             Cairo
          
           ,
           he
           translated
           the
           Persian
           and
           Egyptian
           Artificers
           and
           Traders
           to
           that
           repeopled
           City
           ,
           following
           the
           Example
           of
           the
           Roman
           Virtues
           .
           Nor
           did
           our
           Victorious
           Third
           Edward
           
           deem
           it
           an
           Act
           unbeseeming
           his
           great
           Wisdome
           ,
           when
           he
           brought
           in
           the
           Walloons
           ,
           whose
           Industry
           soon
           Established
           the
           Woollen
           Manufacture
           ,
           
           he
           not
           deigning
           to
           give
           no
           less
           a
           security
           for
           the
           enjoying
           their
           then
           granted
           Immunities
           and
           Priviledges
           ,
           then
           his
           own
           Royal
           Person
           .
           Nor
           did
           that
           politick
           Princess
           †
           shut
           her
           Ears
           from
           embracing
           the
           Offer
           of
           those
           distressed
           Burgundians
           (
           after
           the
           Example
           of
           her
           Great
           and
           Royal
           Predecessor
           )
           who
           sought
           refuge
           in
           her
           Dominions
           from
           the
           ridged
           severity
           of
           the
           long
           Bearded
           Alva
           ,
           who
           planting
           themselves
           by
           her
           appointment
           at
           
             Norwich
             ,
             Colchester
             ,
             Canterbury
          
           ,
           and
           other
           Towns
           ,
           have
           of
           those
           places
           (
           then
           only
           habitations
           for
           Beggars
           )
           raised
           them
           now
           in
           competition
           with
           (
           if
           not
           excelling
           )
           all
           ,
           or
           most
           of
           the
           Cities
           in
           England
           ,
           for
           Riches
           ,
           Plenty
           and
           Trade
           .
           Nor
           need
           we
           run
           into
           the
           History
           of
           earlier
           Times
           to
           give
           an
           account
           of
           the
           many
           Kingdomes
           and
           States
           that
           have
           risen
           by
           Industry
           and
           Commerce
           ;
           't
           is
           enough
           if
           we
           cast
           our
           Eyes
           on
           our
           Neighbour
           the
           Hollander
           ,
           a
           place
           by
           relation
           of
           Ortelius
           ,
           not
           much
           bigger
           then
           Yorkshire
           ,
           and
           such
           a
           Spott
           ,
           as
           if
           God
           had
           reserved
           it
           as
           a
           place
           onely
           to
           digg
           Turf
           out
           of
           ,
           for
           the
           accommodateing
           those
           Countries
           wherein
           he
           hoards
           up
           the
           miseries
           of
           Winter
           ,
           it
           affording
           Naturally
           not
           any
           one
           Commodity
           of
           use
           ,
           yet
           by
           Commerce
           and
           Trade
           (
           the
           Daughters
           of
           Industry
           )
           it
           is
           now
           become
           the
           Store-House
           of
           all
           those
           Merchandizes
           that
           may
           be
           Collected
           from
           the
           rising
           to
           the
           setting
           of
           the
           Sun
           ,
           and
           gives
           those
           People
           a
           name
           as
           Large
           and
           High
           as
           the
           greatest
           Monarch
           this
           day
           on
           Earth
           :
           Nor
           need
           we
           pass
           out
           of
           Christendome
           to
           find
           Examples
           of
           the
           like
           ,
           when
           
             Venice
             ,
             Genoa
             ,
             Lubeck
             ,
             Embden
             ,
          
           and
           the
           rest
           of
           the
           Hansiatique
           Towns
           (
           once
           the
           Marts
           of
           the
           World
           ,
           till
           Sloth
           ,
           Luxury
           and
           Ambition
           got
           within
           their
           Walls
           ,
           and
           drove
           it
           to
           Ports
           of
           Industry
           )
           that
           have
           since
           kist
           and
           embrac't
           it
           ,
           the
           which
           this
           
           Isle
           by
           the
           Influence
           of
           his
           Royal
           Majestic
           hath
           been
           no
           small
           sharer
           in
           .
        
         
           Hence
           it
           is
           that
           Trade
           and
           Commerce
           are
           now
           become
           the
           onely
           Object
           and
           Care
           of
           all
           Princes
           and
           Potentates
           ,
           its
           Dominion
           not
           being
           acquired
           by
           the
           rufull
           face
           of
           Warr
           ,
           whose
           footsteps
           leave
           behind
           them
           the
           deep
           impression
           of
           misery
           ,
           devastation
           and
           poverty
           ,
           they
           knowing
           the
           return
           of
           Commerce
           is
           Riches
           and
           Plenty
           of
           all
           things
           conducing
           to
           the
           benefit
           of
           humane
           life
           ,
           and
           fortifying
           their
           Countries
           with
           Reputation
           and
           Strength
           —
        
         
           It
           was
           Trade
           that
           gave
           occasion
           to
           the
           bringing
           of
           those
           mighty
           Fleets
           to
           Sea
           ,
           as
           if
           God
           had
           
           left
           it
           to
           them
           to
           decide
           by
           force
           (
           wherein
           no
           Age
           or
           Time
           can
           witness
           the
           like
           )
           the
           Empire
           of
           the
           World
           :
           Hence
           it
           was
           (
           the
           advantages
           being
           found
           which
           arise
           by
           Commerce
           )
           that
           Navigation
           got
           its
           birth
           into
           the
           World
           ,
           reducing
           the
           several
           Nations
           on
           the
           Earth
           by
           that
           means
           to
           be
           even
           as
           one
           Common
           Family
           ;
           and
           when
           in
           this
           Isle
           we
           were
           even
           in
           the
           state
           of
           Canibals
           ,
           it
           brought
           in
           a
           People
           that
           instructed
           us
           in
           Arts
           ,
           Policies
           and
           Manners
           ,
           and
           taught
           us
           actions
           no
           less
           virtuous
           then
           those
           themselves
           followed
           ;
           
           And
           although
           long
           and
           difficult
           it
           was
           before
           that
           Mighty
           People
           could
           be
           brought
           over
           to
           have
           thoughts
           of
           the
           advantages
           arising
           from
           
           Commerce
           and
           Navigation
           (
           they
           onely
           propounding
           to
           themselves
           Blood
           ,
           Slaughter
           ,
           Conquest
           ,
           the
           Riches
           and
           Spoyls
           of
           Nations
           )
           ;
           but
           when
           they
           entred
           into
           the
           Carthagenian
           Warr
           ,
           a
           quarrel
           
           with
           a
           People
           not
           worth
           the
           opposition
           of
           Tribune
           (
           as
           they
           thought
           )
           but
           finding
           that
           neither
           Tribune
           nor
           Pretors
           ,
           no
           nor
           the
           Flower
           of
           the
           Roman
           Army
           was
           able
           to
           withstand
           them
           ,
           or
           to
           prevent
           the
           Invasion
           of
           their
           Country
           ,
           and
           
           then
           in
           the
           very
           bowels
           of
           the
           same
           ,
           put
           it
           to
           the
           Question
           ,
           Rome
           or
           Carthage
           Mistress
           of
           the
           World
           ,
           they
           began
           to
           consider
           whence
           and
           from
           what
           causes
           those
           unknown
           Affricans
           should
           withstand
           the
           
             Conscript
             Fathers
          
           and
           power
           of
           Rome
           ,
           and
           should
           dare
           to
           dispute
           with
           those
           that
           had
           lead
           so
           many
           Captivated
           Kings
           in
           Triumph
           ,
           and
           brought
           so
           many
           Haughty
           Nations
           to
           Truckle
           under
           their
           Victorious
           Eagles
           ,
           at
           last
           they
           found
           it
           was
           Commerce
           and
           Navigation
           that
           gave
           power
           and
           force
           to
           that
           Mighty
           People
           ;
           Then
           it
           was
           that
           Rome
           began
           to
           know
           
             that
             Rome
             could
             not
             be
             Rome
             without
             a
             Naval
             force
          
           ;
           the
           which
           ,
           and
           to
           redeem
           their
           bleeding
           Honor
           they
           soon
           hastened
           and
           equipt
           '
           ,
           great
           as
           their
           Competitors
           ,
           and
           afterwards
           Argentum
           being
           won
           ,
           Carthage
           became
           no
           more
           impregnable
           ;
           after
           which
           with
           Peace
           they
           plowed
           the
           Neighbouring
           Streights
           to
           
             Tinges
             ,
             Gades
          
           and
           the
           
             Heroulean
             Streights
          
           ;
           nor
           could
           any
           thing
           be
           too
           difficult
           afterwards
           ,
           till
           they
           arrived
           on
           the
           British
           shore
           ,
           where
           beholding
           her
           ample
           Bayes
           ,
           Harbours
           ,
           Rivers
           ,
           Shoares
           and
           Stations
           (
           the
           Jewels
           and
           Ornaments
           of
           that
           Spott
           ,
           and
           having
           made
           a
           Conquest
           of
           the
           same
           )
           they
           soon
           cultivated
           into
           our
           rude
           Natures
           the
           spirit
           of
           Commerce
           ,
           teaching
           &
           instructing
           us
           in
           those
           polite
           ways
           that
           fortifie
           a
           Kingdom
           by
           Naval
           force
           ,
           
             as
             the
             Standard
             and
             undeniable
             marks
             of
             Empire
             ,
          
           and
           by
           ayding
           and
           teaching
           us
           in
           the
           driving
           on
           a
           continued
           and
           peaceable
           Tract
           of
           Commerce
           ,
           we
           have
           fathomed
           the
           unknown
           depth
           of
           the
           Indian
           Shoares
           ,
           uniting
           as
           it
           were
           extreams
           ,
           made
           the
           Poles
           to
           kiss
           each
           other
           ,
           teaching
           us
           thereby
           ,
           that
           it
           was
           not
           the
           vast
           Emensities
           of
           Earth
           that
           Created
           Empire
           ,
           but
           scituation
           accompanied
           with
           
             Industry
             ,
             Commerce
          
           and
           Navigation
           that
           
           would
           enable
           a
           People
           to
           give
           Lawes
           to
           the
           World
           :
           In
           the
           pursuit
           of
           whose
           Virtues
           this
           Nation
           hath
           not
           been
           wanting
           ,
           and
           of
           following
           their
           great
           Directions
           in
           the
           enlarging
           our
           Fleets
           ;
           for
           they
           ,
           when
           they
           advanced
           their
           Eagles
           on
           the
           British
           Shoare
           found
           us
           not
           then
           without
           Ships
           of
           Force
           ,
           time
           having
           not
           been
           so
           envious
           to
           this
           Island
           ,
           as
           to
           eat
           out
           those
           Records
           wherein
           mention
           is
           made
           †
           that
           the
           Britains
           accompanied
           the
           Cymbrians
           and
           Gaules
           in
           their
           Memorable
           Expedition
           to
           Greece
           ,
           long
           before
           the
           Incarnation
           of
           the
           Worlds
           Saviour
           ;
           and
           it
           was
           from
           that
           Center
           that
           the
           Mighty
           Caesar
           first
           drew
           his
           Line
           ,
           and
           took
           thoughts
           of
           plowing
           the
           Ocean
           to
           find
           out
           that
           Warlike
           People
           to
           face
           his
           victorious
           Legions
           ,
           when
           ,
           having
           Landed
           ,
           and
           finding
           a
           place
           adorned
           by
           Nature
           beyond
           any
           thing
           that
           could
           be
           called
           great
           ,
           taught
           us
           to
           maintain
           that
           superiority
           of
           Dominion
           ,
           that
           no
           Neighbouring
           Nation
           should
           frequent
           our
           peaceable
           Shoares
           ,
           and
           those
           Merchants
           that
           came
           ,
           assigned
           them
           places
           to
           drive
           
           their
           Commerce
           and
           Traffique
           ,
           jealous
           that
           any
           Neighbouring
           Rival
           should
           kiss
           his
           beloved
           Britannia
           but
           a
           Roman
           ,
           and
           for
           whom
           he
           fetch
           't
           so
           long
           and
           tedious
           a
           march
           ;
           Thus
           in
           our
           Infancy
           teaching
           us
           both
           Defence
           and
           Commerce
           .
           And
           when
           that
           mighty
           Empire
           began
           to
           decline
           ,
           and
           those
           remaining
           Romans
           began
           to
           moulter
           and
           mix
           among
           the
           Natives
           ,
           and
           to
           become
           as
           one
           People
           again
           ,
           then
           Sloth
           ,
           Luxury
           and
           Idleness
           (
           the
           fore-runners
           of
           ruine
           )
           invaded
           our
           Shoars
           by
           a
           fatal
           stupidity
           ,
           it
           suffered
           our
           floating
           Castles
           (
           Balwarks
           of
           the
           Kingdom
           )
           to
           rott
           in
           their
           pickled
           Brine
           ,
           and
           our
           Ports
           to
           be
           surveyed
           by
           forraign
           people
           ;
           which
           supine
           negligence
           soon
           subjected
           us
           a
           prey
           to
           our
           ambitious
           Neighbors
           ,
           
           who
           no
           sooner
           finished
           their
           Conquest
           and
           sheath'd
           their
           devouring
           Swords
           ,
           but
           each
           (
           as
           if
           inspired
           by
           the
           very
           genius
           of
           the
           place
           )
           Equipt
           out
           Fleets
           great
           as
           their
           Commander
           ,
           
           to
           secure
           what
           they
           had
           so
           dearly
           won
           ,
           of
           whom
           Story
           makes
           mention
           of
           the
           mighty
           Arthur
           ,
           no
           less
           famous
           in
           his
           Warlike
           Atchievements
           ,
           then
           in
           leading
           his
           Squadrons
           as
           far
           as
           Iceland
           ,
           bringing
           those
           Northern
           People
           to
           pay
           obeysance
           to
           his
           victorious
           Standard
           ,
           and
           acknowledge
           him
           as
           their
           Supream
           Lord
           even
           from
           the
           British
           to
           the
           Russian
           Tracts
           ,
           and
           by
           him
           left
           to
           the
           famous
           Edgar
           ,
           *
           who
           no
           sooner
           found
           his
           undoubted
           Right
           ,
           but
           resolved
           to
           vindicate
           that
           Dominion
           which
           his
           Royal
           Predecessor
           had
           with
           so
           much
           glory
           acquired
           ,
           and
           with
           so
           great
           care
           had
           communicated
           and
           remitted
           down
           to
           his
           Successors
           :
           No
           less
           a
           number
           then
           four
           hundred
           
           Sayl
           of
           Ships
           did
           that
           mighty
           Prince
           at
           once
           cover
           the
           Neighbouring
           Ocean
           ,
           making
           them
           the
           Port-cullis
           of
           this
           Isle
           and
           the
           adjacent
           Seas
           ,
           by
           which
           he
           vindicated
           his
           Dominions
           on
           the
           Waters
           ,
           and
           gave
           Lawes
           in
           the
           Chambers
           of
           his
           Empire
           :
           Nor
           did
           his
           Successors
           Canutus
           ,
           (
           whom
           Record
           makes
           mention
           that
           having
           laid
           that
           ancient
           Tribute
           called
           Danegeld
           ,
           for
           the
           guarding
           of
           the
           Seas
           and
           Soveraignty
           of
           them
           ,
           was
           emblematically
           exprest
           sitting
           on
           the
           shoar
           in
           his
           Royal
           Chair
           while
           the
           Sea
           was
           flowing
           ,
           speaking
           ,
           
             Cumeae
             ditionis
             es
             ●…t
             tetra
             in
             qua
          
           
           
             seneo
             est
             ●…c
             .
             )
             Egbert
             ,
             Althred
             ,
             Ethelfred
             ,
          
           forget
           the
           assertion
           of
           their
           great
           Predecessors
           Dominion
           and
           Soveraignty
           of
           the
           same
           under
           no
           lower
           a
           stile
           then
           
             S●…pream
             Lords
             of
             Governours
             of
             the
             D●…ean
             ,
             surrounding
             the
             Brittish
             Shoare
             ,
          
           never
           so
           much
           as
           contested
           by
           any
           Nation
           whatsoever
           ,
           unless
           by
           those
           that
           attempted
           
           the
           Conquest
           of
           the
           entire
           Empire
           ,
           in
           which
           that
           became
           subject
           to
           Fate
           as
           well
           as
           the
           other
           of
           the
           Land
           :
           Nor
           did
           the
           succeeding
           Princes
           also
           of
           the
           Norman
           Race
           start
           or
           waive
           that
           mighty
           advantage
           in
           their
           successive
           Claims
           ,
           and
           maintaining
           their
           Right
           to
           the
           adjacent
           Sea
           ;
           as
           appeared
           not
           long
           after
           by
           that
           Famous
           Accord
           made
           between
           Edward
           ths
           First
           ,
           and
           the
           French
           King
           
             Philip
             the
             Fair
          
           ,
           calling
           *
           him
           to
           an
           account
           for
           Pyracies
           committed
           within
           the
           Brittish
           Seas
           ;
           the
           Submission
           of
           the
           Flemmings
           in
           open
           Parliament
           in
           the
           Second
           Edwards
           Reign
           ;
           and
           the
           Honour
           or
           Duty
           of
           the
           Flagg
           which
           the
           Politique
           King
           John
           had
           above
           Four
           hundred
           years
           since
           challenged
           by
           that
           Memorable
           Ordinance
           at
           Hasting
           †
           there
           decreed
           to
           take
           place
           universally
           ,
           not
           barely
           as
           a
           Civility
           ,
           but
           as
           a
           Right
           ,
           to
           be
           paid
           
             cum
             debita
             reverentia
          
           ,
           and
           persons
           refusing
           to
           be
           assaulted
           and
           taken
           as
           Enemies
           ;
           the
           same
           not
           onely
           to
           be
           paid
           to
           whole
           Fleets
           bearing
           the
           Royal
           Standard
           ,
           but
           to
           those
           Ships
           of
           Priviledge
           that
           wear
           the
           Princes
           Ensigns
           or
           Colours
           of
           Service
           :
           Nor
           was
           this
           barely
           a
           Decree
           written
           ,
           but
           nobly
           asserted
           by
           a
           Fleet
           of
           no
           less
           than
           500
           Sayl
           in
           a
           Voyage
           Royal
           of
           his
           ,
           wherein
           he
           sail'd
           for
           Ireland
           ,
           in
           his
           way
           commanding
           all
           Vessels
           which
           he
           met
           in
           the
           Eight
           circumfluent
           Seas
           to
           pay
           that
           Duty
           and
           Acknowledgment
           .
           Nor
           was
           the
           Third
           Edward
           slow
           in
           following
           the
           steps
           of
           his
           wise
           Predecessors
           ,
           when
           he
           Equipp'd
           out
           a
           Fleet
           of
           no
           less
           than
           700
           ,
           (
           though
           on
           another
           occasion
           )
           with
           200
           of
           which
           he
           vanquished
           a
           Fleet
           of
           twice
           the
           number
           before
           Calais
           ,
           to
           the
           loss
           of
           30000
           French.
           Nor
           did
           our
           victorious
           Conquerour
           of
           the
           Sepulchre
           the
           Great
           
           Richard
           the
           Second
           ,
           who
           in
           his
           return
           from
           the
           
             Holy
             Land
          
           want
           a
           Navy
           Royal
           to
           attend
           him
           home
           ,
           by
           the
           force
           of
           which
           he
           took
           and
           destroyed
           near
           100
           more
           Ships
           of
           the
           French.
           And
           look
           we
           but
           into
           the
           mighty
           Actions
           of
           the
           succeeding
           Princes
           ,
           we
           shall
           find
           all
           that
           ever
           designed
           Empire
           but
           were
           Zealous
           in
           the
           encouragement
           of
           Navigation
           ,
           looking
           on
           that
           Axiom
           as
           undeniable
           ,
           *
           
             Qui
             Mare
             tenet
             cum
             necesse
             esse
             rerum
             potiri
             ,
          
           and
           that
           without
           which
           ,
           the
           British
           Soveraignty
           is
           but
           an
           empty
           Title
           .
        
         
           Nor
           ought
           alone
           the
           Praises
           of
           those
           great
           Monarchs
           ,
           whose
           mighty
           care
           had
           always
           been
           to
           preserve
           the
           Reputation
           of
           their
           Empire
           in
           their
           Maritime
           preparations
           ,
           to
           be
           remembred
           ;
           but
           also
           those
           of
           our
           Inhabitants
           ,
           who
           alwayes
           have
           been
           as
           Industrious
           to
           follow
           the
           encouragement
           of
           those
           Princes
           under
           whom
           they
           flourish't
           ,
           and
           who
           with
           no
           less
           Glory
           and
           timely
           application
           in
           Traffique
           ,
           did
           constantly
           follow
           the
           examples
           of
           those
           of
           
             Genoa
             ,
             Portugal
             ,
             Spaniards
             ,
             Castillians
             ,
          
           and
           Venetians
           ,
           whose
           Fame
           in
           matters
           of
           Commerce
           ought
           to
           be
           inrolled
           in
           letters
           of
           Gold
           ,
           since
           the
           Ages
           to
           come
           ,
           as
           well
           as
           present
           ,
           having
           been
           doubly
           obliged
           to
           their
           memory
           ,
           the
           third
           of
           which
           making
           use
           of
           a
           discontented
           Native
           of
           this
           Isle
           ,
           the
           
           Famous
           Columbus
           who
           prompted
           by
           that
           Genius
           that
           naturally
           follows
           a
           Native
           wise
           man
           ,
           discovered
           a
           New
           World
           ,
           in
           whose
           Expedition
           he
           fathomed
           unknown
           Paths
           ,
           and
           detected
           the
           
             Antillus
             ,
             Cuba
          
           and
           Jumaca
           ,
           &c.
           and
           the
           
             Terra
             Firma
          
           of
           the
           American
           Shoare
           ,
           who
           taking
           his
           Conjectures
           from
           the
           spireing
           of
           certain
           Winds
           from
           the
           VVestern
           Points
           ,
           by
           strong
           impulse
           accompanied
           with
           that
           Philosophy
           he
           attained
           
           to
           ,
           concluded
           some
           Continent
           must
           needs
           be
           hid
           in
           those
           unknown
           Parts
           ;
           his
           Service
           being
           first
           offered
           to
           his
           Prince
           and
           refused
           ,
           he
           was
           soon
           after
           entertained
           ,
           purely
           on
           the
           faith
           of
           that
           Noble
           Princess
           Issabella
           of
           Spain
           ,
           who
           for
           17000
           Crowns
           (
           for
           which
           she
           engaged
           
           her
           Jewels
           )
           she
           received
           not
           long
           after
           as
           many
           Tuns
           of
           Treasure
           ,
           and
           to
           her
           Husband
           's
           own
           use
           ,
           in
           Eight
           or
           Nine
           years
           time
           came
           above
           Fifteen
           hundred
           Thousand
           of
           Silver
           ,
           and
           Three
           hundred
           and
           sixty
           Tuns
           of
           Gold
           :
           Thus
           Ingenuity
           encouraged
           though
           in
           one
           single
           Person
           ,
           hath
           occasioned
           Wonders
           ,
           and
           from
           a
           small
           Kingdom
           ,
           (
           as
           Spain
           )
           it
           hath
           since
           raised
           its
           head
           in
           a
           condition
           of
           bringing
           all
           those
           many
           Kingdomes
           and
           Vast
           Emensities
           of
           Earth
           which
           they
           possess
           under
           their
           protection
           ,
           putting
           them
           once
           on
           thoughts
           of
           no
           less
           than
           an
           
             Universal
             Monarchy
          
           :
           We
           need
           onely
           mention
           
             Sebastian
             Chabott
          
           a
           Native
           of
           Bristol
           ,
           who
           discovered
           Florida
           and
           the
           Shoares
           of
           Virginia
           ,
           dedicated
           to
           that
           Virgin
           Princess
           
             Elizabeth
             ;
             Thorn
             ,
             Elliott
             ,
             Owen
             ,
             Gwyned
             ,
             Hawkins
             ,
             Cavendish
             ,
             Furbisher
             ,
             Davis
             ,
             Stadson
             ,
             Raleigh
             ,
          
           and
           the
           Incomparable
           Drake
           ,
           who
           was
           the
           first
           (
           agreed
           Universally
           )
           of
           any
           Mortal
           to
           whom
           God
           vouchsafed
           the
           stupendious
           Atchievement
           of
           Incompassing
           not
           this
           New
           World
           alone
           ,
           but
           New
           and
           Old
           together
           ,
           twice
           embraced
           by
           this
           Mighty
           Man
           ,
           who
           first
           making
           up
           to
           
             Nombre
             de
             Dios
          
           ,
           got
           sight
           (
           with
           Tears
           of
           Joy
           )
           of
           the
           Southern
           Seas
           ,
           the
           which
           in
           five
           years
           after
           he
           accomplished
           it
           ,
           passing
           through
           the
           
             Magellan
             Streights
          
           towards
           the
           other
           Indies
           ,
           and
           doubling
           the
           famous
           Promontory
           ,
           he
           circum-navigated
           the
           whole
           Earth
           .
        
         
         
           Nor
           ought
           that
           truly
           worthy
           Captain
           Sir
           
             John
             Norborough
          
           be
           precluded
           from
           having
           place
           after
           the
           mighty
           Drake
           ,
           he
           having
           not
           long
           since
           passed
           and
           repassed
           the
           
             Magellan
             Streights
          
           ,
           by
           which
           that
           Worthy
           Person
           hath
           performed
           that
           Atchievement
           which
           was
           never
           yet
           done
           by
           any
           Mortal
           before
           .
           To
           reckon
           up
           the
           particular
           Actions
           of
           
             John
             Oxenham
          
           (
           a
           sharer
           in
           that
           mighty
           performance
           of
           
             Drake
             ,
          
           )
           of
           his
           drawing
           his
           Vessel
           up
           to
           Land
           and
           covering
           the
           same
           with
           boughs
           ,
           passed
           the
           unknown
           paths
           of
           Land
           from
           
             Nombre
             de
             Dios
          
           ,
           to
           the
           South
           Sea
           ,
           and
           there
           building
           a
           Pinnace
           enters
           the
           Isle
           of
           Pearles
           ,
           and
           from
           the
           Spaniards
           takes
           a
           Treasure
           almost
           beyond
           credit
           ;
           of
           the
           indefatigable
           diligence
           of
           
             Willoughby
             ,
             Burroughs
             ,
             Chanceler
             ,
             Button
             ,
             Buffin
             ,
             Furbisher
             ,
             James
             Middleton
             ,
          
           
           
             Gilbert
             Cumberland
          
           ,
           who
           plowed
           up
           the
           North-East
           and
           
             North-West
             Cathaian
          
           and
           China
           passage
           ;
           of
           Jones
           and
           Smith
           ,
           whose
           Fortune
           and
           Courage
           was
           great
           in
           those
           Parts
           ;
           of
           Poole
           ,
           who
           found
           out
           the
           Whale
           Fishing
           ;
           of
           Captain
           Bennett
           the
           first
           discoverer
           of
           
             Cherry
             Island
             ;
             Gillian
          
           and
           of
           Pett
           ,
           and
           Jackman
           that
           passed
           the
           
             Vaigates
             ,
             Scythian
          
           Ices
           ,
           and
           the
           River
           of
           Ob
           ,
           as
           far
           as
           
             Nova
             Zembla
          
           ;
           nor
           of
           the
           Famous
           Davies
           ,
           who
           had
           penetrated
           to
           86
           degrees
           of
           latitude
           ,
           and
           almost
           set
           his
           foot
           on
           the
           Northern
           Pole
           :
           Men
           whose
           Actions
           in
           the
           atchieving
           of
           discoveries
           ,
           and
           pointing
           out
           to
           places
           for
           an
           immense
           improvement
           in
           Navigation
           and
           Commerce
           ,
           ought
           to
           be
           inrolled
           in
           the
           Temple
           of
           Fame
           as
           Monuments
           to
           succeeding
           Ages
           ,
           of
           their
           Mighty
           and
           Laborious
           Travails
           and
           Industry
           .
           The
           Consideration
           of
           all
           which
           gave
           some
           sparks
           of
           encouragement
           to
           the
           writing
           
           the
           ensuing
           Tract
           ,
           especially
           when
           reflecting
           that
           among
           all
           Nations
           there
           is
           a
           Common
           Law
           which
           governs
           the
           mighty
           thing
           of
           Navigation
           and
           Commerce
           ,
           I
           had
           some
           impulses
           more
           then
           ordinary
           to
           induce
           me
           to
           the
           same
           ,
           especially
           at
           a
           time
           when
           Navigation
           and
           Commerce
           were
           never
           (
           from
           the
           erection
           by
           Divine
           instinct
           that
           Mighty
           Proto-Type
           the
           Ark
           ,
           to
           this
           present
           Age
           ,
           )
           in
           greater
           esteem
           then
           now
           ,
           and
           by
           which
           we
           have
           found
           vast
           and
           great
           easements
           and
           discharges
           from
           those
           Royal
           and
           Just
           Rights
           and
           Dues
           which
           ever
           were
           ,
           and
           of
           Old
           justly
           due
           to
           those
           that
           Govern'd
           this
           Empire
           ;
           Therefore
           ought
           by
           all
           wayes
           and
           means
           to
           be
           fortified
           and
           encouraged
           ,
           be
           it
           by
           whatsoever
           Art
           ,
           Science
           or
           thing
           that
           does
           in
           the
           least
           point
           out
           towards
           the
           same
           .
           Nor
           was
           it
           then
           wanting
           in
           thoughts
           to
           promote
           and
           incite
           the
           Professors
           of
           the
           Law
           ,
           raising
           and
           stirring
           up
           their
           Genius
           to
           the
           advancement
           of
           the
           Law
           in
           this
           point
           ;
           and
           though
           I
           believe
           many
           have
           wish't
           that
           such
           a
           thing
           might
           be
           ,
           yet
           none
           that
           I
           can
           find
           have
           ever
           yet
           attempted
           the
           same
           :
           nor
           is
           it
           possible
           ,
           unless
           those
           things
           which
           are
           by
           Law
           
             constituted
             and
             known
          
           ,
           be
           rightly
           separated
           from
           those
           that
           are
           natural
           ;
           for
           natural
           Law
           is
           immutable
           and
           alwayes
           the
           same
           ,
           therefore
           may
           easily
           be
           collected
           into
           Art.
           But
           things
           that
           come
           from
           Constitution
           ,
           because
           they
           often
           vary
           and
           change
           ,
           and
           are
           divers
           in
           divers
           places
           ,
           are
           put
           without
           art
           ,
           as
           other
           precepts
           of
           Laws
           positive
           or
           municipal
           ;
           hence
           it
           was
           that
           the
           Constitutions
           and
           Laws
           of
           Rhodes
           for
           their
           Justice
           and
           Equity
           got
           footing
           amongst
           the
           Romans
           as
           well
           as
           amongst
           other
           the
           bordering
           
           People
           on
           the
           Mediterranean
           ,
           
             Rhodiorum
             usque
             rerum
             memoriam
             disciplinae
             Navalis
             et
          
           
           
             gloria
             remansit
          
           ;
           yet
           when
           they
           as
           well
           as
           the
           Romans
           became
           subject
           to
           fate
           ,
           they
           then
           remained
           onely
           as
           Examples
           of
           Justice
           and
           Reason
           for
           others
           to
           imitate
           and
           follow
           :
           An
           obsequious
           Adorer
           of
           
           which
           was
           the
           great
           Justinian
           ,
           who
           caused
           them
           to
           be
           inserted
           into
           the
           Civil
           Law
           ;
           and
           though
           they
           obtained
           a
           place
           amongst
           others
           of
           the
           Ancient
           Romans
           as
           well
           as
           the
           Modern
           ,
           yet
           have
           they
           not
           all
           received
           by
           custome
           a
           force
           as
           may
           make
           them
           Laws
           ,
           but
           remain
           onely
           as
           they
           have
           the
           Authority
           in
           shew
           of
           reason
           ,
           which
           binds
           not
           always
           alike
           ,
           but
           varies
           according
           to
           circumstance
           of
           time
           ,
           place
           ,
           state
           ,
           age
           ,
           and
           what
           other
           conveniences
           or
           inconvenience
           meets
           with
           it
           ;
           
           nor
           have
           those
           Laws
           instituted
           at
           Oleron
           obtained
           any
           other
           or
           greater
           force
           then
           those
           of
           Rhodes
           or
           Imperial
           ,
           considered
           onely
           from
           the
           reason
           the
           which
           are
           not
           become
           Lawes
           by
           any
           particular
           Custome
           or
           Constitution
           ,
           but
           onely
           esteemed
           and
           valued
           by
           the
           reasons
           found
           in
           them
           and
           applyed
           to
           the
           case
           emergent
           .
        
         
           T
           is
           true
           ,
           That
           in
           Rome
           and
           some
           other
           parts
           of
           Italy
           and
           Germany
           ,
           and
           the
           Kingdom
           of
           Portugal
           ,
           in
           all
           those
           cases
           wherein
           the
           municipal
           Ordinances
           of
           those
           Countries
           have
           failed
           in
           providing
           ,
           the
           Imperial
           Laws
           (
           if
           the
           case
           be
           such
           as
           that
           it
           
             non
             Tragua
             peccado
          
           ,
           or
           be
           not
           spiritual
           ,
           )
           is
           there
           made
           of
           force
           ;
           but
           there
           is
           no
           other
           Nation
           ,
           State
           or
           Republique
           can
           be
           named
           
           where
           any
           part
           of
           the
           body
           of
           those
           Imperial
           Lawes
           hath
           obtained
           the
           just
           force
           of
           a
           Law
           ,
           otherwise
           then
           as
           Custome
           hath
           particularly
           induced
           it
           ;
           and
           where
           no
           such
           settled
           Custom
           hath
           made
           it
           a
           Law
           ,
           there
           it
           hath
           force
           onely
           according
           to
           the
           strength
           of
           reason
           and
           circumstance
           joyned
           with
           it
           ,
           or
           as
           it
           shews
           the
           Opinion
           and
           Judgment
           of
           them
           that
           made
           it
           ,
           but
           not
           at
           all
           as
           if
           it
           had
           any
           commanding
           power
           of
           obedience
           ,
           that
           is
           
             valet
             pro
             ratione
             non
             pro
             inducto
             jure
             pro
             ratione
             quantum
             Reges
             Dinastae
             et
             Republicae
             intra
             potestatis
             suae
             fynes
             valere
             patiuntur
          
           ;
           And
           for
           Spain
           it
           is
           observed
           ,
           
             Hispani
             Duplex
          
           
           
             habent
             Jus
             solum
             Canonicum
             scilicet
             et
             Regium
             Civile
             enim
          
           (
           meaning
           the
           Imperial
           Lawes
           )
           
             non
             habet
             vim
             Leges
             sed
             rationes
             .
          
           And
           since
           this
           Kingdom
           as
           well
           as
           most
           others
           being
           free
           from
           all
           subjection
           to
           the
           Empire
           ,
           having
           constituted
           or
           known
           Laws
           of
           their
           own
           ,
           exclude
           all
           Imperial
           power
           and
           Law
           ,
           otherwise
           then
           as
           Custome
           hath
           variously
           made
           some
           admission
           ,
           I
           applyed
           my self
           to
           the
           Collection
           of
           such
           matters
           ,
           according
           to
           my
           inconsiderable
           Judgment
           ,
           as
           are
           either
           constituted
           by
           the
           Supream
           Authority
           of
           the
           Three
           Estates
           ,
           or
           that
           which
           hath
           in
           some
           measure
           obtained
           by
           continued
           Custome
           the
           force
           of
           Law
           in
           reference
           to
           matters
           Maritime
           and
           of
           Commerce
           as
           well
           in
           cases
           publique
           as
           private
           .
        
         
           By
           the
           first
           part
           of
           which
           I
           thought
           it
           necessary
           ,
           since
           Nature
           by
           Traffique
           hath
           made
           us
           all
           Kinsmen
           ,
           to
           consider
           and
           examine
           upon
           what
           Grounds
           and
           in
           what
           manner
           Commerce
           was
           first
           procured
           and
           established
           ,
           which
           is
           by
           the
           Lawes
           of
           Leagues
           ,
           Embassies
           and
           the
           like
           ,
           which
           is
           a
           thing
           fit
           to
           be
           known
           ;
           so
           likewise
           of
           what
           may
           interrupt
           the
           same
           ,
           and
           likewise
           
           of
           those
           perpetual
           Rights
           that
           are
           between
           those
           that
           have
           any
           reference
           to
           Sea-faring
           causes
           in
           matters
           Civil
           .
        
         
           In
           the
           prosecution
           of
           this
           Work
           ,
           I
           have
           taken
           care
           to
           refer
           those
           things
           which
           pertain
           to
           the
           
             Lawes
             of
             Nature
          
           unto
           Notions
           so
           certain
           ,
           that
           no
           man
           without
           offering
           of
           violence
           to
           himself
           may
           deny
           them
           ;
           and
           to
           ascertain
           the
           truth
           of
           such
           ,
           I
           have
           used
           the
           Testimonies
           of
           such
           authority
           (
           as
           in
           my
           weak
           Judgment
           are
           of
           Credit
           to
           evince
           the
           same
           )
           and
           as
           to
           that
           Law
           which
           we
           call
           the
           Law
           of
           Will
           or
           Common
           consent
           or
           the
           Law
           of
           Nations
           ,
           for
           that
           which
           cannot
           by
           sure
           consequence
           be
           deduced
           out
           of
           sure
           principals
           ,
           and
           yet
           appears
           every
           where
           observed
           ,
           must
           needs
           have
           its
           rise
           from
           free
           will
           and
           consent
           ,
           which
           is
           that
           which
           is
           called
           the
           
             Law
             of
             Nations
          
           ;
           both
           which
           (
           as
           much
           as
           possible
           )
           hath
           been
           endeavoured
           to
           be
           kept
           asunder
           where
           the
           matter
           hath
           required
           it
           .
           And
           for
           the
           Civil
           Law
           ,
           I
           have
           ascertained
           the
           several
           Authorities
           which
           I
           have
           made
           use
           of
           ,
           that
           is
           of
           the
           Romans
           ,
           into
           three
           sorts
           ,
           the
           Pandects
           ,
           the
           Code
           of
           Theodosius
           and
           Justinian
           ,
           the
           
             Novel
             Constitutions
          
           ,
           and
           these
           most
           excellent
           
             Juris
             consults
          
           that
           have
           by
           their
           profoundness
           of
           Judgment
           illustrated
           the
           obscure
           paths
           of
           the
           same
           Law
           ;
           the
           third
           those
           most
           excellent
           persons
           who
           joyned
           Policy
           to
           Law
           ,
           as
           
             Grotius
             ,
             Raleigh
             ,
             Selden
          
           ,
           and
           the
           like
           .
           Of
           other
           Pieces
           that
           of
           Shardius
           ,
           entituled
           
             Leges
             Navales
             Rhodiorum
             et
             selectae
             Rhodiorum
             ,
             Petrus
             Pekius
          
           the
           
             Zealander
             ,
             Locinius
             ,
             Vinius
          
           ,
           that
           of
           Oleron
           Collected
           by
           Garasias
           alias
           Ferrand
           ,
           and
           Cleriack
           .
        
         
           As
           to
           those
           matters
           that
           have
           passed
           the
           Pikes
           at
           the
           
             Common
             Law
          
           ,
           I
           have
           as
           carefully
           as
           possible
           referred
           to
           their
           several
           Authorities
           .
           
           In
           the
           whole
           Work
           I
           have
           no
           where
           meddled
           with
           the
           Admiralty
           or
           its
           Jurisdiction
           ,
           knowing
           well
           that
           it
           would
           have
           been
           impertinent
           and
           sawey
           in
           me
           to
           enter
           into
           the
           debate
           of
           
             Imperium
             merum
             ,
             Imperium
          
           
           
             mixtum
             Jurisdictio
             simplex
          
           ,
           and
           the
           like
           ,
           and
           of
           the
           bounding
           out
           of
           Jurisdictions
           ,
           which
           in
           effect
           tends
           to
           question
           the
           Government
           ,
           and
           tripp
           up
           the
           Power
           that
           gives
           Lawes
           and
           Protection
           to
           us
           ,
           since
           all
           that
           can
           be
           said
           as
           well
           on
           the
           one
           side
           as
           the
           other
           ,
           hath
           been
           so
           fully
           and
           Learnedly
           handled
           and
           Treated
           of
           by
           several
           Worthy
           Persons
           ,
           (
           that
           have
           indeed
           said
           all
           that
           can
           be
           said
           )
           but
           more
           especially
           in
           that
           Famous
           Dispute
           not
           long
           since
           before
           His
           Sacred
           Majesty
           in
           Council
           ,
           where
           all
           the
           most
           Elaborate
           and
           Ingenious
           Reasons
           that
           could
           be
           drawn
           by
           the
           Skill
           of
           a
           Learned
           Civilian
           ,
           were
           there
           asserted
           in
           vindicating
           the
           Admiralties
           Jurisdiction
           ,
           by
           the
           Judge
           of
           the
           same
           ,
           Sir
           
             Lionel
             Jenkins
          
           ,
           in
           answer
           of
           whom
           was
           produced
           that
           
             Great
             Good
             Man
          
           the
           Lord
           Chief
           Justice
           Hale
           ,
           who
           as
           well
           by
           Law
           positive
           as
           other
           his
           great
           Reasons
           ,
           soon
           put
           a
           period
           to
           that
           Question
           ,
           and
           layd
           that
           asleep
           which
           during
           his
           dayes
           it
           may
           modestly
           be
           presumed
           will
           hardly
           (
           if
           ever
           )
           be
           awakened
           .
        
         
           He
           that
           hath
           never
           so
           little
           to
           do
           with
           the
           Compass
           though
           he
           sits
           still
           in
           his
           place
           ,
           does
           as
           much
           or
           more
           than
           all
           the
           other
           necessary
           noise
           in
           the
           Ship
           ;
           the
           comparison
           is
           quit
           of
           Arrogance
           ,
           for
           it
           holdeth
           in
           the
           design
           ,
           it
           is
           not
           meant
           of
           the
           performance
           .
        
         
           And
           though
           I
           well
           know
           ,
           That
           those
           that
           spend
           their
           time
           in
           brewing
           of
           Books
           are
           by
           
           Seneca
           compared
           to
           petty
           Painters
           ,
           that
           busie
           themselves
           in
           Copying
           out
           Originals
           ,
           having
           this
           half
           Verse
           of
           Horace
           often
           thrown
           in
           their
           Teeth
           ,
           
             
               —
               O
               imitatores
               ,
               Servum
               pecus
               !
            
          
           Yet
           I
           have
           this
           hope
           left
           ,
           That
           my
           faults
           and
           flawes
           like
           those
           found
           in
           the
           Cutts
           of
           Diamonds
           ,
           may
           at
           this
           time
           the
           easilier
           escape
           under
           the
           excellency
           of
           their
           Subject
           ,
           or
           at
           least
           under
           that
           of
           your
           Charity
           .
        
      
       
         
         
           
             The
             Contents
             of
             the
             First
             Book
             .
          
           
             Chap.
             Fol.
             
          
           
             1.
             
             OF
             Dominion
             and
             Property
             in
             general
             ,
             and
             of
             the
             causes
             changing
             the
             same
             by
             Ships
             of
             Warr.
             1
          
           
             2.
             
             Of
             Letters
             of
             Marque
             and
             Reprizal
             .
             14
          
           
             3.
             
             Of
             Privateers
             or
             Capers
             .
             25
          
           
             4.
             
             Of
             Pyracy
             .
             33
          
           
             5.
             
             The
             Right
             of
             the
             Flagg
             as
             to
             acknowledging
             the
             Dominion
             of
             the
             British
             Seas
             .
             46
          
           
             6.
             
             Of
             the
             Right
             of
             Pressing
             or
             Seizing
             of
             Ships
             or
             Marriners
             for
             Service
             publique
             .
             62
          
           
             7.
             
             Of
             Dominion
             Established
             by
             Treaties
             of
             Alliance
             Equal
             .
             70
          
           
             8.
             
             Of
             Alliances
             unequal
             ,
             and
             of
             Protection
             .
             83
          
           
             9.
             
             Of
             Treaties
             of
             Truce
             and
             Neutrality
             .
             89
          
           
             10.
             
             Of
             the
             Immunities
             and
             Priviledges
             of
             Ambassadours
             and
             other
             Publique
             Ministers
             of
             State.
             93
          
           
             11.
             
             Of
             the
             Right
             of
             delivering
             of
             Persons
             fled
             for
             Protection
             .
             107
          
           
             12.
             
             Of
             Contribution
             paid
             by
             Places
             Neuter
             ,
             to
             both
             Armies
             in
             Warr.
             114
          
           
             13.
             
             Of
             the
             Naval
             Military
             part
             .
             121
          
           
             14.
             
             Of
             Salutation
             by
             Ships
             publique
             and
             private
             .
             147
          
        
         
           
             The
             Contents
             of
             the
             Second
             Book
             .
          
           
             1.
             
             OF
             the
             various
             Rights
             and
             Obligations
             of
             Owners
             and
             Partners
             of
             Ships
             in
             cases
             private
             .
             191
          
           
             2.
             
             Masters
             of
             Ships
             their
             Actions
             considered
             in
             reference
             to
             cases
             private
             and
             publique
             .
             196
          
           
             3.
             
             Of
             Marriners
             their
             several
             Offices
             and
             Immunities
             ,
             and
             of
             Barratry
             committed
             by
             them
             .
             207
          
           
             4.
             
             Of
             Freight
             ,
             Charter-parties
             and
             Demorage
             .
             217
          
           
             5.
             
             Of
             Wreck
             .
             226
          
           
             
             
               Chap.
               Fol.
            
             
          
           
             6.
             
             Of
             Averidges
             and
             Contributions
             .
             232
          
           
             7.
             
             Of
             Pollicies
             of
             Assurance
             .
             239
          
           
             8.
             
             Of
             Prisage
             and
             Butlerage
             .
             250
          
           
             9.
             
             Of
             Pylots
             ,
             Wharfage
             ,
             Primage
             ,
             Averidge
             ,
             and
             Loadmanage
             .
             254
          
           
             10.
             
             Of
             Bills
             of
             Exchange
             .
             258
          
           
             11.
             
             Of
             Moneys
             advanced
             by
             way
             of
             Bottomery
             ,
             or
             
               Foenus
               Nauticum
            
             .
             276
          
           
             12.
             
             Of
             Impositions
             called
             Great
             Customes
             ,
             Petty
             Customes
             ,
             and
             Subsidies
             .
             288
          
           
             13.
             
             Of
             Impositions
             subsequent
             Conditional
             temporary
             ,
             &c.
             313
          
           
             14.
             
             Of
             
               Scavage
               ,
               Package
               ,
               Porterage
               ,
               Ports
               ,
               Members
               ,
               Creeks
               ,
            
             the
             Port
             of
             London
             ,
             and
             places
             lawful
             to
             lade
             and
             unlade
             319
          
           
             15.
             
             Provisions
             and
             Allowances
             made
             notwithstanding
             the
             several
             Clauses
             in
             the
             Acts
             for
             the
             Customes
             .
             332
          
           
             16.
             
             Of
             the
             Right
             of
             Passage
             ,
             of
             Imposing
             on
             the
             Persons
             and
             Strangers
             for
             Passage
             thorow
             the
             Seas
             .
             344
          
        
         
           
             The
             Contents
             of
             the
             Third
             Book
             .
          
           
             1.
             
             OF
             Freedome
             ,
             Bondage
             ,
             Slavery
             ,
             Exile
             and
             Abjuration
             .
             385
          
           
             2.
             
             Of
             Aliens
             as
             in
             reference
             to
             their
             Estates
             Real
             and
             Personal
             .
             395
          
           
             3.
             
             Of
             Naturalization
             and
             Denization
             .
             405
          
           
             4.
             
             Of
             Aliens
             and
             Tryal
             
               per
               medietatem
            
             ,
             where
             allowed
             ,
             and
             where
             not
             .
             414
          
           
             5.
             
             Of
             Planters
             .
             421
          
           
             6.
             
             Of
             Merchants
             .
             429
          
           
             7.
             
             Of
             Factors
             .
             439
          
           
             8.
             
             Of
             the
             Lawes
             of
             Nature
             ,
             and
             of
             Nations
             .
             448
          
        
      
    
     
       
         
         
           
             CHAP.
             I.
             Of
             Dominion
             and
             Property
             in
             generall
             ,
             and
             of
             the
             causes
             changing
             the
             same
             by
             
               Ships
               of
               War.
            
             
          
           
             
               
                 
                   I.
                   Of
                   Dominion
                   in
                   the
                   primitive
                   state
                   of
                   Man.
                   
                
                 
                   II.
                   That
                   such
                   a
                   Dominion
                   universal
                   might
                   have
                   continued
                   .
                
                 
                   III.
                   Of
                   the
                   causes
                   or
                   change
                   of
                   the
                   same
                   into
                   Dominion
                   peculiar
                   ,
                   or
                   Property
                   .
                
                 
                   IV.
                   Of
                   things
                   excepted
                   tacitly
                   by
                   the
                   Law
                   of
                   Dominion
                   .
                
                 
                   V.
                   Of
                   Property
                   where
                   the
                   same
                   may
                   be
                   changed
                   against
                   the
                   owner
                   .
                
                 
                   VI.
                   Of
                   War
                   ,
                   when
                   accounted
                   by
                   the
                   Laws
                   of
                   England
                   .
                
                 
                   VII
                   .
                   Of
                   Forraign
                   War
                   ,
                   and
                   of
                   things
                   justly
                   acquired
                   therein
                   ,
                   whether
                   Ships
                   or
                   Merchandize
                   .
                
                 
                   VIII
                   .
                   Of
                   Restitution
                   ,
                   where
                   the
                   same
                   by
                   Law
                   may
                   be
                   made
                   of
                   Ships
                   or
                   Merchandize
                   acquired
                   in
                   War.
                   
                
                 
                   IX
                   .
                   Of
                   Restitution
                   
                     ex
                     gratia
                  
                   ,
                   made
                   by
                   the
                   Souveraign
                   ,
                   of
                   him
                   whose
                   Ships
                   are
                   lost
                   ,
                   and
                   regain'd
                   afterwards
                   in
                   Battle
                   by
                   Ships
                   of
                   War
                   ;
                   and
                   of
                   the
                   like
                   by
                   Princes
                   or
                   Republiques
                   in
                   amity
                   .
                
                 
                   X.
                   Of
                   the
                   Assaulting
                   an
                   Enemy
                   in
                   the
                   Ports
                   or
                   Havens
                   of
                   a
                   Nation
                   Neuter
                   ,
                   whether
                   lawful
                   by
                   the
                   Laws
                   of
                   Nations
                   .
                
                 
                   XI
                   .
                   Of
                   Protection
                   given
                   to
                   the
                   Ships
                   of
                   the
                   Enemies
                   being
                   in
                   Port
                   before
                   ,
                   &
                   remaining
                   after
                   War
                   denonnc't
                   .
                
                 
                   XII
                   .
                   Of
                   the
                   Goods
                   of
                   Friends
                   found
                   in
                   the
                   Ships
                   of
                   Enemies
                   ,
                   and
                   of
                   those
                   of
                   Enemies
                   found
                   aboard
                   the
                   Ships
                   of
                   Friends
                   .
                
                 
                   XIII
                   .
                   Of
                   the
                   destroying
                   of
                   the
                   Ships
                   of
                   Enemies
                   in
                   general
                   .
                
                 
                   XIV
                   .
                   Of
                   interpellation
                   and
                   denunciation
                   ,
                   whether
                   necessary
                   .
                   XV.
                   Of
                   the
                   Goods
                   of
                   Friends
                   that
                   supplyeth
                   an
                   Enemy
                   ,
                   whether
                   capable
                   of
                   being
                   made
                   prize
                   .
                
              
            
          
           
             I.
             NO
             sooner
             had
             the
             Eternal
             Power
             created
             Man
             ,
             but
             he
             bestowed
             on
             him
             a
             right
             over
             the
             things
             of
             this
             inferiour
             Nature
             ;
             nor
             was
             his
             goodness
             lessened
             upon
             the
             reparation
             of
             the
             World
             ,
             after
             the
             Flood
             ,
             
               (
               all
               things
               being
               then
               undivided
               and
               common
               to
            
             
             
               all
               ,
               as
               if
               all
               had
               one
               Patrimony
               )
               since
            
             every
             Man
             might
             then
             take
             to
             his
             use
             what
             he
             pleased
             ,
             and
             make
             consumption
             of
             what
             he
             thought
             good
             in
             his
             own
             eyes
             ;
             which
             use
             of
             the
             universal
             right
             was
             then
             instead
             of
             
             Property
             ,
             for
             what
             any
             one
             had
             so
             taken
             ,
             another
             could
             not
             without
             injury
             take
             away
             from
             him
             .
          
           
             II.
             Nor
             was
             it
             impossible
             for
             that
             state
             to
             have
             continued
             ,
             if
             Men
             through
             
               great
               simplicity
            
             ,
             or
             
               mutual
               charity
            
             had
             
             lived
             together
             ,
             and
             this
             is
             instant
             in
             those
             Americans
             ,
             who
             through
             many
             Ages
             have
             lived
             in
             that
             community
             and
             custom
             ,
             and
             the
             other
             of
             Charity
             ,
             which
             the
             Essens
             of
             old
             practised
             ,
             and
             then
             the
             Christians
             ,
             who
             were
             first
             at
             Hierusalem
             ,
             and
             at
             this
             day
             not
             a
             few
             that
             lead
             an
             assetick
             life
             ;
             the
             simplicity
             of
             our
             first
             Parents
             was
             demonstrated
             by
             their
             nakedness
             ,
             there
             being
             in
             them
             rather
             an
             
               ignorance
               of
               vice
               ,
               then
               a
               knowledge
               of
               Virtue
               ,
            
             their
             only
             business
             being
             
             the
             Worship
             of
             God
             ,
             living
             easily
             on
             those
             things
             ,
             which
             the
             Earth
             of
             her
             own
             accord
             brought
             forth
             without
             labour
             .
          
           
             III.
             Yet
             in
             this
             simple
             and
             innocent
             way
             of
             life
             ,
             all
             
             Men
             persisted
             not
             ,
             but
             some
             apply'd
             their
             minds
             to
             various
             Arts
             ;
             the
             most
             antient
             of
             which
             was
             
               Agriculture
               and
               Pasture
            
             ,
             appearing
             in
             the
             
               first
               Brothers
            
             ,
             not
             without
             some
             distribution
             of
             Estates
             ,
             and
             then
             from
             the
             diversity
             of
             each
             Man's
             actions
             ,
             arose
             Emulation
             ,
             and
             then
             
               slaughter
               !
            
             ;
             and
             at
             length
             ,
             when
             the
             Good
             were
             infected
             with
             the
             bad
             ,
             a
             
               Gigantick
               kind
               of
               life
            
             ,
             that
             is
             violent
             ;
             but
             the
             World
             being
             washed
             by
             the
             Flood
             ,
             instead
             of
             that
             fierce
             life
             ,
             succeeded
             
             the
             desire
             of
             Pleasure
             ,
             whereunto
             Wine
             was
             subservient
             ;
             and
             thence
             arose
             
               unlawful
               Loves
            
             ,
             but
             by
             
               that
               more
               generous
               vice
               Ambition
            
             ,
             Concord
             was
             chiefly
             broken
             ,
             after
             which
             Men
             parted
             asunder
             ,
             and
             severally
             possess'd
             several
             parts
             of
             the
             Earth
             ;
             yet
             afterwards
             ,
             there
             remain'd
             amongst
             Neighbors
             a
             communion
             not
             of
             Cattle
             ,
             but
             of
             Pastures
             ,
             because
             in
             the
             small
             number
             of
             Men
             ,
             so
             great
             was
             the
             latitude
             of
             Land
             ,
             that
             without
             any
             incommodity
             it
             might
             suffice
             to
             the
             uses
             of
             many
             ,
             untill
             the
             number
             of
             Men
             ,
             so
             of
             Cattle
             increased
             ,
             Lands
             every
             where
             began
             to
             be
             
             divided
             ,
             not
             among
             Nations
             as
             before
             ,
             but
             among
             Families
             ;
             an
             instance
             of
             which
             we
             have
             hourly
             before
             our
             eyes
             in
             those
             vast
             immensities
             that
             are
             daily
             appropriating
             and
             a
             planting
             in
             America
             ,
             from
             hence
             we
             learn
             what
             was
             the
             cause
             for
             which
             Men
             departed
             from
             the
             Primitive
             communion
             of
             things
             ,
             first
             of
             movables
             ,
             and
             then
             of
             immovables
             also
             ;
             to
             wit
             ,
             because
             when
             not
             content
             to
             feed
             upon
             that
             which
             of
             it self
             ,
             and
             the
             Earth
             singly
             brought
             forth
             ,
             to
             dwell
             in
             
               Caves
               ,
               to
               go
               naked
               ,
               ●…or
               clad
               with
               rinds
               of
               trees
               ,
               or
               skins
               of
               Beasts
            
             ;
             they
             had
             chosen
             a
             more
             exquisite
             kind
             of
             life
             ,
             there
             was
             need
             of
             Industry
             ,
             and
             using
             of
             Art
             in
             those
             matters
             ,
             which
             they
             should
             give
             themselves
             up
             to
             ;
             so
             likewise
             from
             hence
             we
             learn
             ,
             that
             Men
             not
             content
             to
             live
             in
             
             that
             innocent
             state
             of
             community
             ,
             how
             things
             went
             into
             Property
             ,
             not
             only
             by
             theact
             of
             the
             mind
             (
             for
             they
             could
             not
             know
             the
             thoughts
             of
             one
             another
             ,
             what
             every
             one
             would
             have
             to
             be
             his
             own
             ,
             that
             they
             might
             abstain
             from
             
             it
             ,
             and
             many
             might
             desire
             the
             same
             thing
             )
             but
             by
             a
             certain
             Copenant
             ,
             either
             express
             as
             by
             division
             ,
             or
             tacit
             as
             by
             occupation
             ;
             for
             so
             soon
             as
             Communion
             did
             not
             please
             them
             ,
             and
             division
             was
             not
             made
             ,
             it
             ought
             to
             be
             supposed
             an
             agreement
             amongst
             all
             ,
             that
             every
             one
             should
             have
             proper
             to
             him self
             what
             he
             seized
             on
             ,
             †
             
               for
               every
               one
               might
               prefer
               himself
               before
               another
               ,
               in
               getting
               those
               things
               useful
               for
               the
               accommodating
               of
               Humane
               life
               ,
               Nature
               not
               being
               repugnant
               to
               the
               same
               .
            
          
           
             IV.
             And
             though
             Property
             may
             seem
             to
             have
             swallow'd
             up
             all
             that
             right
             which
             arose
             from
             the
             common
             State
             of
             things
             ,
             yet
             that
             is
             not
             so
             ;
             for
             in
             
               the
               Law
               of
               Dominion
               ,
               extream
               necessity
            
             seems
             excepted
             .
             Hence
             it
             is
             that
             in
             Navigation
             ,
             if
             at
             any
             time
             Victuals
             fail
             ,
             what
             every
             one
             hath
             ,
             ought
             to
             be
             brought
             forth
             for
             the
             common
             use
             :
             and
             so
             in
             a
             Fire
             ,
             I
             may
             pull
             down
             or
             blow
             up
             my
             Neighbors
             House
             ,
             to
             save
             mine
             ;
             destroy
             the
             Suburbs
             ,
             to
             raise
             Lines
             or
             Forts
             ,
             
             to
             preserve
             the
             City
             thereby
             ;
             dig
             in
             any
             Mans
             Grounds
             for
             Salt-Peter
             ,
             cut
             in
             pieces
             the
             Tackling
             or
             Nets
             upon
             which
             my
             Ship
             is
             driven
             ,
             if
             it
             cannot
             be
             disintangled
             by
             other
             means
             ,
             all
             which
             are
             not
             introduced
             neither
             by
             the
             
               Civil
               Law
            
             ,
             nor
             the
             
               Municipal
               Laws
            
             of
             Countrys
             ,
             but
             are
             expounded
             by
             them
             ,
             with
             their
             proper
             diversities
             .
          
           
             V.
             Nor
             is
             Property
             so
             far
             instated
             in
             Man
             ,
             but
             the
             same
             
             may
             again
             be
             devested
             by
             such
             means
             as
             stand
             with
             the
             Law
             of
             Nature
             and
             Nations
             ;
             and
             first
             by
             War
             ,
             the
             causes
             of
             which
             are
             assigned
             to
             be
             three
             ,
             
               Defence
               ,
               Recovery
            
             and
             Revenge
             .
          
           
             But
             then
             such
             War
             must
             be
             just
             ,
             and
             he
             that
             undertakes
             it
             must
             be
             a
             Soveraign
             ;
             the
             just
             causes
             to
             make
             a
             War
             are
             our
             Princes
             ,
             or
             Countreys
             defence
             ,
             and
             that
             of
             our
             Allies
             ,
             the
             satisfaction
             of
             our
             injuries
             ,
             or
             theirs
             ;
             our
             just
             pretentions
             
             to
             an
             Estate
             or
             Right
             ;
             Divines
             have
             added
             another
             ,
             not
             only
             the
             defence
             of
             Religion
             ,
             but
             its
             advancement
             and
             propagation
             ,
             by
             the
             way
             of
             Arms
             ,
             and
             some
             the
             extirpation
             and
             rooting
             up
             a
             contrary
             .
             Certainly
             War
             is
             too
             rough
             a
             hand
             ,
             too
             bad
             a
             means
             ,
             to
             plant
             Piety
             ;
             
               Sicut
               non
               Martyrem
               poena
               ,
               sic
               nec
               sortem
               pugna
               ,
               sed
               causa
               ;
               As
               it
               is
               not
               the
               punishment
               that
               makes
               the
               Martyr
               ,
               so
               it
               is
               not
               fighting
               that
               declares
               a
               valiant
               Man
               ,
               but
               fighting
               in
               a
               just
               cause
            
             ;
             in
             which
             who
             so
             shall
             resolvedly
             end
             his
             Life
             valiantly
             ,
             in
             respect
             of
             the
             cause
             ,
             that
             is
             ,
             in
             the
             defence
             of
             his
             Prince
             ,
             Religion
             or
             Country
             ,
             
               ought
               to
               be
               numbred
               amongst
               the
               Martyrs
               of
               God.
               
            
          
           
             VI.
             War
             by
             the
             Laws
             of
             England
             ,
             is
             accounted
             when
             the
             
               Courts
               of
               Justice
            
             are
             shut
             up
             ,
             and
             the
             Judges
             and
             Ministers
             of
             the
             same
             cannot
             by
             Law
             protect
             Men
             from
             violence
             ,
             nor
             distribute
             Justice
             .
             So
             when
             by
             
               Invasion
               ,
               Insurrection
               ,
               Rebellions
            
             ,
             or
             such
             like
             ,
             the
             current
             of
             Justice
             is
             stopt
             and
             shut
             up
             ;
             
               Et
               silent
               Leges
               inter
               arma
            
             ;
             then
             it
             is
             said
             to
             be
             time
             of
             
             War
             ,
             and
             the
             Tryall
             of
             this
             is
             by
             Records
             and
             Judges
             of
             the
             Courts
             of
             Justice
             ,
             and
             not
             by
             a
             Jury
             :
             the
             Kings
             Standard
             appearing
             in
             the
             Feild
             ,
             or
             at
             Sea
             ,
             does
             likewise
             denote
             a
             War
             ,
             and
             if
             the
             Rebells
             against
             whom
             the
             Kings
             Host
             marches
             ,
             breaks
             a
             Prison
             ,
             the
             Goaler
             is
             not
             lyable
             ,
             for
             they
             are
             not
             such
             Rebels
             as
             are
             capable
             of
             being
             supprest
             by
             the
             ordinary
             Ministers
             of
             Justice
             ;
             but
             the
             subject
             matter
             is
             now
             only
             touching
             forraign
             War
             ,
             or
             that
             which
             is
             commenced
             for
             Dominion
             or
             Right
             ,
             or
             for
             the
             maintaning
             of
             the
             same
             in
             our
             peaceable
             possession
             ,
             according
             to
             Justice
             .
          
           
             VII
             .
             By
             the
             Law
             of
             Nature
             in
             such
             a
             War
             ,
             those
             things
             are
             acquired
             to
             us
             ,
             which
             are
             either
             equall
             to
             that
             ,
             which
             being
             due
             unto
             us
             ,
             we
             cannot
             otherwise
             obtain
             ,
             or
             else
             is
             much
             a
             mark
             as
             does
             infer
             damage
             to
             the
             guilty
             part
             ,
             by
             a
             fit
             measure
             of
             punishment
             .
             And
             by
             the
             
               Laws
               of
               Nations
            
             not
             only
             he
             that
             wageth
             War
             on
             a
             just
             cause
             ,
             but
             every
             one
             in
             solemn
             War
             ,
             and
             without
             end
             and
             measure
             is
             master
             of
             all
             he
             taketh
             from
             the
             Enemy
             in
             that
             sense
             ,
             that
             by
             all
             Nations
             ,
             both
             himself
             and
             they
             that
             have
             title
             
               from
               him
            
             ,
             are
             to
             be
             maintained
             in
             the
             possession
             of
             such
             things
             ;
             which
             as
             to
             external
             effect
             we
             may
             call
             Dominion
             :
             
               Cyrus
               in
               Xenophon
               ,
               it
               is
               an
               everlasting
               Law
               among
               Men
               ,
               that
            
             
             
               the
               Enemies
               City
               being
               taken
               ,
               their
               Goods
               and
               Money
               should
               be
               the
               conquerors
            
             ;
             for
             the
             Law
             in
             that
             matter
             is
             as
             a
             common
             
             agreement
             ,
             whereby
             the
             things
             taken
             in
             War
             become
             the
             
             Takers
             :
             from
             the
             Enemy
             are
             judged
             to
             be
             taken
             away
             ,
             those
             things
             also
             which
             are
             taken
             away
             from
             the
             subjects
             of
             the
             Enemy
             ,
             and
             Goods
             so
             taken
             cannot
             by
             the
             
               Law
               of
               Nations
            
             be
             properly
             said
             taken
             ,
             but
             when
             the
             same
             are
             
               out
               of
               all
               probable
               hopes
               of
               recovery
               ,
            
             that
             is
             as
             Pomponius
             observes
             ,
             
               brought
               within
               the
               bounds
               or
               guards
               of
               the
               Enemy
            
             ;
             
             for
             ,
             says
             he
             ,
             
               such
               is
               a
               Person
               taken
               in
               War
               ,
               whom
               the
               Enemies
               have
               taken
               out
               of
               our
               ,
               and
               brought
               within
               their
               guards
               ,
               for
               till
               then
               he
               remains
               a
               Citizen
               :
            
             and
             as
             the
             Law
             of
             Nations
             is
             the
             same
             reason
             of
             a
             Man
             ,
             so
             likewise
             of
             a
             thing
             ;
             and
             therefore
             Goods
             and
             Merchandize
             are
             properly
             said
             to
             be
             the
             Captors
             ,
             when
             they
             are
             carried
             
               in●…ra
               Praesidia
            
             of
             that
             Prince
             or
             State
             ,
             by
             whose
             Subject
             the
             same
             were
             taken
             ,
             or
             
               into
               the
               Fleet
               ,
               or
               into
               a
               Haven
               ,
               or
               some
               other
               place
               where
               the
               Navy
               of
               the
               Enemy
               rides
               :
            
             for
             then
             it
             is
             that
             the
             recovery
             seems
             to
             be
             past
             all
             hope
             .
          
           
             And
             with
             these
             Laws
             agrees
             the
             
               Common
               Law
            
             of
             this
             Realm
             ,
             which
             calls
             such
             a
             taking
             a
             
               Legalis
               Captio
               in
               Jure
            
             
             Belli
             ,
             and
             therefore
             in
             7.
             
             R.
             2.
             an
             action
             of
             Trespass
             was
             brought
             for
             a
             Ship
             ,
             and
             certain
             Merchandize
             taken
             away
             ;
             the
             Defendant
             pleaded
             that
             he
             did
             take
             them
             in
             
               le
               haut
               Mere
               o●…
               les
               Normans
               queu●…
               sont
               Enemies
               le
               Roy
               :
            
             and
             it
             was
             adjudged
             ,
             that
             the
             same
             Plea
             was
             good
             .
          
           
             In
             the
             year
             1610
             ,
             a
             Merchant
             had
             a
             Ship
             and
             Merchandize
             taken
             by
             a
             Spaniard
             ,
             being
             an
             Enemy
             ;
             a
             month
             after
             
             a
             Merchant
             Man
             ,
             with
             a
             Ship
             called
             
               The
               Little
               Richard
            
             ,
             retakes
             her
             from
             the
             Spaniard
             :
             it
             was
             adjudged
             ,
             that
             such
             a
             possession
             of
             the
             Enemy
             ,
             divested
             the
             Owner
             of
             his
             interrest
             ,
             and
             the
             retaking
             afterwards
             in
             Battel
             ,
             gained
             the
             Captors
             a
             property
             .
          
           
             'T
             is
             true
             ,
             the
             Civilians
             do
             hold
             ,
             that
             it
             is
             not
             every
             possession
             that
             qualifies
             such
             a
             Caption
             ,
             and
             makes
             it
             become
             the
             Captors
             ;
             but
             a
             firm
             possession
             (
             that
             is
             )
             when
             the
             prize
             doth
             pernoctare
             with
             the
             Enemy
             ,
             or
             remain
             in
             his
             possession
             ,
             by
             the
             space
             of
             24
             hours
             ;
             but
             as
             this
             is
             a
             new
             *
             Law
             ,
             so
             it
             is
             conceiv'd
             to
             be
             against
             the
             antient
             as
             well
             as
             the
             modern
             practice
             of
             the
             Common
             Law
             :
             for
             the
             Party
             in
             the
             antient
             Presidents
             doth
             not
             mention
             by
             their
             Plea
             ,
             that
             the
             prize
             did
             pernoctare
             with
             the
             Enemy
             ,
             and
             but
             general
             ,
             that
             the
             same
             was
             gain'd
             by
             Battle
             of
             the
             Enemy
             .
          
           
             But
             ,
             if
             such
             a
             Recaption
             is
             by
             one
             of
             the
             King
             of
             Englands
             
             Ships
             of
             War
             ,
             their
             Restitution
             has
             been
             made
             ,
             the
             Party
             relieved
             paying
             his
             offering
             to
             the
             Admiral
             ,
             commonly
             called
             
               Salvage
               Mony.
            
             
          
           
             VIII
             .
             This
             right
             of
             changing
             of
             Dominion
             or
             Property
             ,
             by
             force
             of
             Arms
             ,
             is
             so
             odious
             ,
             that
             in
             the
             taking
             of
             Goods
             ,
             if
             by
             any
             possibility
             ,
             the
             right
             owners
             may
             have
             restitution
             ,
             the
             same
             hath
             been
             done
             :
             And
             although
             a
             larger
             time
             then
             24
             hours
             happens
             ,
             between
             the
             capture
             and
             recapture
             ,
             and
             so
             may
             pernoctare
             with
             the
             Captor
             ,
             yet
             restitution
             may
             be
             made
             ,
             and
             therefore
             if
             one
             Enemy
             takes
             the
             Ship
             and
             Merchandize
             of
             another
             Enemy
             ,
             and
             brings
             her
             into
             the
             Ports
             or
             Havens
             of
             a
             
               Neuter
               Nation
            
             ,
             the
             Owners
             may
             seize
             her
             ,
             and
             the
             Admiral
             of
             that
             
               Neuter
               Nation
            
             ,
             may
             in
             some
             cases
             restore
             the
             Ship
             and
             Goods
             to
             their
             Owners
             ,
             and
             the
             Persons
             captive
             to
             their
             former
             liberty
             :
             the
             reason
             is
             for
             that
             the
             same
             ought
             to
             have
             been
             brought
             
               infra
               Praesidia
            
             a
             of
             that
             Prince
             or
             State
             ,
             by
             whose
             Subject
             she
             was
             taken
             .
          
           
             A
             Dunkirker
             having
             seiz'd
             a
             Frenchmans
             Vessel
             ,
             
               super
               altum
               Mare
            
             ,
             sold
             the
             same
             with
             her
             lading
             at
             Weymouth
             ;
             whether
             it
             had
             been
             driven
             before
             she
             was
             brought
             
               infra
               Praesid
               .
               Dom.
               Reg.
               Hispaniae
               :
            
             the
             Frenchman
             coming
             into
             Port
             ,
             then
             claims
             the
             benefit
             of
             the
             Laws
             of
             Nations
             ;
             the
             King
             of
             England
             being
             then
             in
             amity
             with
             both
             their
             Princes
             ,
             and
             that
             restitution
             be
             made
             ;
             in
             which
             case
             it
             was
             resolved
             by
             all
             the
             Judges
             ,
             b
             that
             if
             there
             be
             a
             Caption
             by
             Letters
             of
             Marque
             ,
             or
             by
             Piracy
             ,
             and
             the
             Vessel
             and
             Goods
             are
             not
             brought
             
               infra
               Praesidia
            
             of
             that
             Prince
             or
             State
             ,
             by
             whose
             Subject
             the
             same
             was
             taken
             ,
             the
             same
             will
             not
             divest
             the
             Property
             out
             of
             the
             Owner
             ;
             with
             this
             agrees
             the
             Law
             Civil
             ,
             c
             and
             restitution
             may
             be
             made
             .
          
           
             IX
             .
             But
             if
             the
             Ships
             of
             War
             of
             Nations
             in
             enmity
             meet
             at
             Sea
             ,
             and
             there
             be
             a
             caption
             ,
             if
             there
             be
             that
             which
             is
             called
             
               a
               firm
               possession
            
             ,
             the
             
               Neuter
               Nation
            
             cannot
             re-deliver
             or
             make
             restitution
             of
             the
             thing
             so
             acquired
             :
             and
             so
             it
             
             was
             adjudged
             ,
             where
             
               Samuel
               Pellagy
            
             with
             a
             Ship
             of
             War
             of
             the
             Emperor
             of
             Morocco
             ,
             took
             a
             Spanish
             Ship
             ,
             and
             brought
             the
             same
             into
             England
             ,
             that
             he
             could
             no
             ways
             be
             question'd
             
             for
             the
             same
             criminaliter
             ,
             or
             restitution
             to
             be
             made
             civiliter
             ;
             
             for
             that
             the
             King
             of
             Spain
             and
             the
             
               Morocco
               Emperor
            
             were
             enemies
             ,
             and
             the
             King
             of
             England
             in
             amity
             with
             both
             ,
             and
             that
             such
             a
             caption
             is
             not
             called
             
               Spoliatio
               ,
               sed
               Legalis
               captio
            
             ,
             in
             which
             there
             can
             be
             no
             restitution
             made
             upon
             ,
             neither
             of
             the
             Stat.
             of
             31.
             
             H.
             6.
             cap.
             4.
             or
             27.
             
             Ed.
             3.
             cap.
             13.
             for
             he
             that
             will
             sue
             to
             have
             restitution
             in
             England
             for
             Goods
             taken
             at
             Sea
             ,
             must
             prove
             that
             the
             Soveraign
             of
             the
             party
             was
             in
             amity
             with
             the
             King
             of
             England
             .
             Secondly
             ,
             that
             he
             that
             took
             the
             Goods
             ,
             his
             Prince
             was
             at
             the
             time
             of
             the
             taking
             in
             amity
             with
             the
             Soveraign
             of
             him
             whose
             Goods
             were
             taken
             ;
             for
             if
             he
             ,
             which
             took
             them
             ,
             was
             in
             enmity
             with
             the
             Soveraign
             of
             him
             whose
             Goods
             were
             taken
             ,
             then
             the
             same
             will
             not
             amount
             unto
             a
             depredation
             or
             robbery
             ,
             but
             a
             lawful
             taking
             ,
             as
             every
             enemy
             
             might
             take
             of
             another
             .
          
           
             A
             Spanish
             Merchant
             ,
             before
             the
             King
             and
             his
             Councel
             ,
             
               in
               Camera
               Scaccarii
            
             ,
             brought
             a
             Bill
             against
             divers
             English-Men
             ,
             
             wherein
             setting
             forth
             ,
             
               quod
               depradatus
               &
               spoliatus
               fuit
            
             ,
             upon
             the
             Sea
             ,
             
               juxta
               partes
               Britannia
               per
               quendam
               Virum
               Bellicosum
               de
               Britannia
               ,
               de
               quadam
               Navi
               ,
            
             and
             of
             divers
             Merchandises
             therein
             ,
             which
             were
             brought
             into
             England
             ,
             and
             came
             into
             the
             hands
             of
             divers
             Engish-Men
             ,
             naming
             them
             ,
             and
             so
             pray'd
             process
             against
             them
             ,
             who
             came
             in
             ,
             and
             pleaded
             ,
             that
             in
             regard
             this
             depredation
             was
             done
             by
             a
             Stranger
             ,
             and
             not
             by
             the
             Subjects
             of
             the
             King
             of
             England
             ,
             
             they
             ought
             not
             to
             answer
             :
             It
             was
             there
             resolv'd
             ,
             
               Quod
               quisquis
               extraneus
            
             ,
             who
             brings
             his
             Bill
             upon
             this
             Statute
             to
             have
             restitution
             ,
             
               debet
               probare
               quod
               tempore
               captionis
               fuit
               de
               amicitia
               Domini
               Regis
               ,
            
             and
             also
             ,
             
               quod
               ipse
               qui
               eum
               receperit
               ,
               &
               spoliavit
               ,
               fuit
               etiam
               sub
               obedientia
               Regis
               ,
               vel
               de
               amicitia
               Domini
               Regis
               ,
               sive
               Principis
               quaerentis
               ,
               quia
               si
               fuerit
               inimicus
               ,
               &
               sic
               ceperit
               bona
               ,
               tunc
               non
               fuit
               spoliatio
               ,
               nec
               depredatio
               ,
               sed
               legalis
               captio
               ,
               prout
               quilibet
               inimicus
               capit
               super
               unum
               &
               alterum
               .
            
             
          
           
             But
             ,
             if
             the
             King
             of
             England
             is
             in
             enemity
             with
             the
             
               States
               of
               Holland
            
             ,
             and
             one
             of
             their
             
               Ships
               of
               War
            
             takes
             a
             Merchant-Man
             of
             the
             King
             of
             Englands
             ,
             and
             afterwards
             another
             
               Ship
               of
               War
            
             of
             England
             meets
             the
             Dutch-Man
             and
             his
             prize
             ,
             and
             
               in
               aperto
               praelio
            
             ,
             regaines
             the
             prize
             ,
             there
             restitution
             is
             commonly
             made
             ,
             the
             Owners
             paying
             their
             Salvage
             :
             so
             where
             the
             prize
             is
             recover'd
             by
             a
             
               Friend
               in
            
             
             amity
             or
             comes
             into
             his
             Ports
             ,
             restitution
             is
             likewise
             made
             ;
             
             but
             when
             such
             Goods
             become
             a
             lawful
             and
             just
             prize
             to
             the
             Captor
             ,
             then
             should
             the
             Admiral
             have
             a
             tenth
             part
             ,
             following
             the
             religious
             example
             of
             Abraham
             ,
             after
             his
             Victory
             over
             the
             five
             Kings
             .
          
           
             X.
             He
             that
             is
             an
             Enemy
             ,
             may
             every
             where
             be
             assaulted
             ,
             according
             to
             the
             Laws
             of
             Nations
             ;
             Enemies
             may
             
             therefore
             be
             attaqu'd
             or
             slain
             on
             our
             own
             ground
             ,
             on
             our
             Enemies
             ,
             or
             on
             the
             Sea
             :
             but
             to
             assault
             ,
             kill
             ,
             or
             spoil
             him
             in
             a
             Haven
             or
             
               Peaceable
               Port
            
             ,
             is
             not
             lawful
             ;
             but
             that
             proceeds
             not
             from
             their
             Persons
             ,
             but
             from
             his
             right
             that
             hath
             Empire
             there
             ,
             for
             Civil
             Societies
             have
             provided
             that
             no
             force
             be
             used
             in
             their
             Countreys
             against
             Men
             ,
             but
             that
             of
             Law
             ,
             and
             where
             that
             is
             open
             ,
             the
             right
             of
             hurting
             ceaseth
             :
             the
             
               Carthaginean
               Fleet
            
             was
             at
             Anchor
             in
             Syphax
             Port
             ,
             who
             at
             that
             time
             was
             at
             peace
             with
             the
             Romans
             and
             
               Carthagineans
               ,
               Scipio
            
             unawars
             fell
             into
             the
             same
             Haven
             ,
             the
             
               Carthaginean
               Fleet
            
             being
             the
             stronger
             ,
             might
             easily
             have
             destroy'd
             the
             Romans
             ;
             but
             yet
             they
             durst
             not
             fight
             them
             :
             the
             like
             did
             the
             Venetian
             ,
             who
             hindred
             the
             Greeks
             from
             assaulting
             the
             
               Turkish
               Fleet
            
             ,
             who
             ride
             at
             Anchor
             in
             a
             Haven
             ,
             then
             under
             the
             Government
             of
             that
             Republique
             ;
             so
             when
             the
             Venetian
             and
             
               Turkish
               Fleet
            
             met
             at
             Tunis
             ,
             though
             that
             very
             Port
             ackowledges
             the
             Ottoman
             Emperor
             ,
             but
             in
             regard
             they
             are
             in
             the
             nature
             of
             a
             
               Free
               Port
            
             to
             themselves
             ,
             and
             those
             that
             come
             there
             ,
             they
             would
             provide
             for
             the
             Peace
             of
             the
             same
             ,
             and
             interdicted
             any
             hostile
             attempt
             to
             be
             there
             made
             .
          
           
             But
             they
             of
             Hamborough
             ,
             were
             not
             so
             kind
             to
             the
             English
             ,
             when
             the
             
               Dutch
               Fleet
            
             fell
             into
             their
             Road
             ,
             where
             rid
             at
             the
             
             same
             time
             some
             English
             Merchants
             Men
             ;
             whom
             they
             assaulted
             ,
             took
             ,
             burnt
             and
             spoil'd
             ,
             for
             which
             action
             ,
             and
             not
             preserving
             the
             Peace
             of
             their
             Port
             ,
             they
             wereby
             the
             
               Law
               of
               Nations
            
             adjudg'd
             to
             answer
             the
             dammage
             ;
             and
             I
             think
             have
             pay'd
             most
             ,
             or
             all
             of
             it
             since
             .
             But
             Enemies
             in
             their
             own
             Ports
             ,
             may
             be
             assaulted
             ,
             burnt
             or
             destroy'd
             ,
             by
             
             the
             Law
             of
             Armes
             .
          
           
             XI
             .
             If
             the
             Ships
             of
             any
             Nation
             happens
             to
             arrive
             in
             any
             of
             the
             King
             of
             Englands
             Ports
             ,
             and
             afterwards
             and
             before
             their
             departure
             ,
             a
             War
             breaks
             out
             ,
             they
             may
             be
             secured
             ,
             priviledged
             without
             harm
             of
             Body
             or
             Goods
             ;
             but
             under
             this
             limitation
             ,
             till
             it
             be
             known
             to
             the
             King
             ,
             how
             that
             
             Prince
             or
             Republique
             of
             those
             ,
             whose
             Subjects
             the
             Parties
             
             are
             ,
             have
             
               used
               and
               treated
               those
               of
               our
               Nation
               in
               their
               Ports
               .
            
             But
             if
             any
             should
             be
             so
             bold
             ,
             as
             to
             visit
             our
             Ports
             after
             a
             War
             is
             begun
             ,
             they
             are
             to
             be
             dealt
             with
             as
             Enemies
             .
          
           
             XII
             .
             By
             the
             Laws
             of
             Nations
             ,
             generally
             all
             things
             are
             the
             Captors
             ,
             which
             he
             takes
             from
             his
             Enemy
             ,
             or
             which
             his
             Enemies
             gain'd
             from
             another
             by
             force
             of
             Arms
             ;
             so
             likewise
             all
             those
             Goods
             ,
             that
             he
             shall
             find
             in
             his
             Enemies
             custody
             :
             But
             then
             it
             must
             be
             apparently
             manifest
             ,
             and
             evidently
             prov'd
             ,
             that
             it
             is
             really
             the
             Enemys
             ;
             for
             if
             an
             
             English-Man
             should
             have
             Goods
             in
             the
             custody
             of
             a
             
               Dutch
               Factor
            
             at
             Cales
             ,
             and
             a
             War
             should
             break
             out
             between
             that
             Prince
             and
             that
             Republique
             ,
             yet
             are
             not
             the
             Goods
             of
             the
             English-Man
             subject
             to
             the
             seizure
             of
             the
             Spaniard
             ,
             it
             being
             apparent
             ,
             the
             owner
             is
             not
             a
             Subject
             of
             their
             Enemies
             :
             So
             likewise
             if
             the
             Goods
             of
             Friends
             are
             found
             in
             the
             Ships
             of
             
             Enemies
             ,
             this
             does
             not
             
               ipso
               facto
            
             ,
             subject
             the
             same
             to
             be
             prize
             by
             the
             Laws
             of
             Nations
             ;
             though
             it
             be
             a
             violent
             presumption
             ,
             and
             may
             justly
             bear
             a
             legal
             examination
             ,
             till
             which
             there
             may
             be
             a
             securing
             of
             the
             prize
             ,
             till
             adjudication
             shall
             pass
             .
             So
             on
             the
             other
             hand
             ,
             if
             the
             Ships
             of
             
             Friends
             shall
             be
             fraighted
             out
             to
             carry
             the
             Goods
             of
             Enemies
             ,
             this
             may
             subject
             them
             to
             be
             prize
             ,
             especially
             if
             the
             Goods
             shall
             be
             laden
             aboard
             
               by
               the
               consent
               or
               privity
               of
               the
               Master
               or
               Skipper
            
             ;
             though
             in
             France
             they
             have
             subjected
             and
             involv'd
             the
             innocent
             with
             the
             nocent
             ,
             and
             making
             both
             of
             them
             prize
             :
             in
             the
             late
             Flemish
             Wars
             with
             England
             ,
             the
             Ostenders
             became
             obsequious
             serviceable
             with
             their
             Ships
             to
             the
             Traffick
             and
             commerce
             of
             both
             Nations
             :
             memorable
             
             was
             the
             action
             ,
             when
             the
             War
             was
             between
             the
             two
             Republiques
             ,
             
             Venice
             and
             Genoa
             ,
             the
             Grecian
             Ships
             being
             then
             imploy'd
             ,
             (
             as
             those
             of
             Ostend
             )
             were
             search'd
             ,
             and
             the
             Enemies
             pull'd
             out
             ,
             but
             no
             other
             matter
             done
             ;
             however
             ,
             
             it
             is
             most
             certain
             let
             the
             Commission
             ,
             or
             Protection
             of
             such
             Ships
             be
             what
             they
             will
             ,
             if
             Men
             will
             venture
             to
             trade
             under
             such
             a
             cloak
             ,
             it
             behoves
             them
             ,
             that
             the
             Skipper
             and
             his
             Crew
             be
             entirely
             ignorant
             ;
             for
             it
             is
             his
             Action
             that
             will
             go
             far
             in
             the
             freeing
             ,
             or
             making
             absolute
             the
             prize
             ,
             and
             Goods
             so
             made
             prize
             ,
             the
             property
             is
             immediately
             gone
             and
             changed
             be
             the
             Owner
             be
             who
             he
             will
             ,
             he
             never
             can
             claim
             the
             same
             ;
             for
             the
             Laws
             of
             Nations
             
               made
               the
               Enemies
               first
               masters
               by
               external
               Dominion
               ,
               and
               then
               by
               Conquest
               ,
               gave
               the
               property
               to
               the
               Captor
               :
            
             following
             that
             Judgement
             of
             the
             
               Romans
               ,
               whatsoever
               they
               got
               of
               their
               Enemies
               by
               valour
               ,
               they
               would
               transmit
               ,
               to
               their
               Posterity
               by
               right
               .
            
          
           
             XIII
             .
             'T
             is
             not
             against
             nature
             ,
             to
             spoil
             the
             Goods
             of
             him
             ,
             
               whom
               it
               is
               lawful
               to
               kill
            
             ;
             and
             by
             the
             Laws
             of
             Nations
             ,
             it
             is
             permitted
             that
             the
             Goods
             of
             the
             Enemies
             may
             
             be
             as
             well
             spoiled
             as
             taken
             ;
             and
             Polybius
             observes
             that
             all
             things
             of
             the
             Enemies
             may
             be
             spoiled
             ,
             their
             Ships
             ,
             Goods
             ,
             Forts
             ,
             &c.
             
          
           
             XIV
             .
             And
             though
             it
             may
             happen
             sometimes
             ,
             that
             a
             War
             may
             break
             out
             ,
             and
             there
             may
             be
             no
             public
             denouncing
             or
             proclaiming
             the
             same
             ;
             that
             if
             a
             Friend
             ,
             or
             Neuter
             should
             assist
             an
             Enemy
             with
             
               Contraband
               Goods
            
             ,
             that
             is
             Armes
             ,
             &c.
             whether
             upon
             such
             a
             caption
             ,
             the
             Goods
             may
             be
             made
             prize
             ;
             the
             resolution
             of
             which
             will
             depend
             on
             
             these
             Considerations
             .
          
           
             First
             ,
             by
             Natural
             Law
             ,
             
               where
               either
               force
               offer'd
               ,
               is
               repelled
               ,
               or
               punishment
               exacted
               ,
               of
               one
               that
               hath
               offended
            
             ;
             there
             needs
             no
             denunciation
             ,
             for
             Princes
             are
             not
             to
             stand
             debating
             
             with
             words
             or
             arguments
             ,
             being
             injured
             beyond
             words
             :
             
               For
               War
               undertaken
               to
               resist
               violence
               ,
               is
               proclaim'd
               not
               by
               an
               Herauld
               ,
               but
               by
               Nature
               :
            
             for
             it
             is
             no
             more
             then
             the
             invading
             of
             one
             for
             another
             ,
             or
             taking
             of
             the
             Goods
             of
             the
             debtor
             ,
             to
             answer
             the
             creditor
             damage
             .
          
           
             Secondly
             ,
             Interpellation
             is
             introduced
             by
             the
             Laws
             of
             Nations
             ,
             whereby
             Princes
             or
             Republiques
             ,
             having
             received
             injuries
             ,
             may
             apparently
             shew
             that
             they
             had
             no
             other
             way
             to
             recover
             their
             own
             ,
             or
             that
             which
             is
             due
             to
             them
             :
             for
             such
             Interpellation
             following
             after
             injuries
             committed
             ,
             constitutes
             that
             Prince
             or
             State
             in
             a
             fault
             
               that
               shall
               not
               render
               satisfaction
            
             .
          
           
           
             Thirdly
             ;
             admitting
             that
             Interpellation
             hath
             gone
             ,
             and
             satisfaction
             hath
             been
             required
             for
             the
             dammage
             ,
             and
             no
             satisfactory
             return
             hath
             been
             made
             ,
             whether
             then
             the
             Ships
             or
             Territories
             of
             the
             Enemy
             may
             be
             assaulted
             :
             and
             for
             that
             it
             has
             been
             conceiv'd
             they
             may
             ,
             for
             denunciation
             is
             no
             more
             but
             to
             signify
             that
             the
             Parties
             ,
             against
             whom
             the
             same
             is
             commenc't
             ,
             
               are
               unjust
               ,
               and
               will
               not
               do
               right
               ,
               and
               therefore
               War
               is
               begun
               by
               the
               Supream
               Power
               :
            
             now
             Princes
             or
             Republiques
             ,
             having
             done
             that
             which
             by
             the
             Law
             of
             Nature
             they
             were
             not
             oblig'd
             to
             do
             ,
             that
             is
             after
             a
             wrong
             done
             ,
             abstain'd
             from
             War
             by
             Friendly
             demanding
             of
             satisfaction
             or
             reparation
             ,
             (
             which
             is
             requir'd
             only
             by
             the
             Laws
             of
             Nations
             )
             and
             publique
             Justice
             being
             deny'd
             them
             ,
             there
             remains
             no
             other
             or
             further
             obligation
             on
             the
             State
             ,
             the
             same
             amounting
             and
             indeed
             is
             an
             apparent
             defiance
             ;
             and
             Proclamation
             is
             no
             other
             .
          
           
             So
             that
             if
             Indiction
             is
             not
             necessary
             ,
             the
             caption
             of
             such
             Ships
             may
             subject
             them
             to
             be
             prize
             ,
             (
             perhaps
             the
             Leagues
             of
             the
             several
             Countries
             ,
             may
             have
             provided
             for
             cases
             of
             the
             like
             nature
             .
             )
          
           
             XV.
             And
             although
             the
             Goods
             of
             Friends
             ,
             according
             to
             the
             circumstance
             of
             the
             case
             ,
             may
             be
             preserv'd
             by
             adjudication
             ,
             and
             restor'd
             to
             their
             owner
             ;
             yet
             all
             manner
             of
             Goods
             have
             not
             that
             priviledge
             ,
             for
             though
             the
             
               Freedom
               of
               Trade
            
             preserves
             the
             Goods
             of
             Friends
             against
             the
             
               rigour
               of
               War
            
             ,
             
             yet
             it
             does
             not
             
               those
               Goods
               that
               supplies
               the
               Enemy
            
             for
             War
             ,
             as
             
               Mony
               ,
               Victuals
               ,
               Ships
               ,
               Armes
               and
               other
               things
               belonging
               thereto
               ,
            
             for
             to
             supply
             an
             Enemy
             that
             invades
             our
             right
             ,
             or
             seeks
             the
             destruction
             of
             our
             Countries
             ,
             is
             a
             liberality
             not
             to
             be
             allow'd
             of
             ,
             and
             it
             certainly
             stands
             with
             necessity
             ,
             that
             if
             
               I
               cannot
               safely
               defend
               my self
               ,
               or
               endamage
               my
               Enemy
               without
               intercepting
               the
               things
               sent
               ,
               it
               may
               justly
               be
               done
               :
            
             but
             when
             such
             Goods
             are
             seized
             ,
             whether
             they
             give
             the
             Captor
             a
             right
             of
             property
             ,
             or
             a
             right
             by
             retention
             ,
             to
             compel
             that
             neuter
             Nation
             to
             give
             Caution
             for
             the
             future
             ,
             by
             Hostages
             or
             Pledges
             ,
             not
             to
             supply
             the
             Enemy
             ,
             may
             be
             a
             question
             .
             The
             Romans
             ,
             who
             had
             brought
             Victuals
             to
             the
             Enemies
             of
             Carthage
             ,
             were
             taken
             by
             the
             Carthaginians
             ,
             and
             again
             rendred
             upon
             request
             ;
             the
             Hollanders
             in
             the
             heat
             of
             the
             War
             between
             the
             Sweden
             and
             Polland
             ,
             never
             suffer'd
             themselves
             to
             be
             interdicted
             with
             either
             Nation
             ;
             the
             same
             
             State
             when
             they
             had
             War
             with
             Spain
             ,
             they
             intercepted
             
             the
             French
             Ships
             ,
             passing
             to
             or
             for
             Spain
             ,
             but
             restor'd
             them
             .
          
           
             And
             Pompey
             ,
             in
             the
             History
             of
             the
             Mitridatie
             War
             ,
             set
             
             a
             Guard
             on
             the
             Bosphorus
             ,
             to
             observe
             if
             any
             Merchant
             sailed
             in
             thither
             ;
             whosoever
             did
             ,
             and
             was
             taken
             ,
             was
             surely
             put
             to
             death
             ;
             so
             Demetrius
             when
             he
             possessed
             Attica
             with
             his
             Army
             ,
             having
             blockt
             up
             Athens
             ,
             hang'd
             up
             both
             the
             Master
             and
             Commander
             of
             a
             Ship
             ,
             who
             attempted
             to
             bring
             in
             Corn
             :
             
             the
             Hollanders
             having
             blockt
             up
             Dunkirk
             ,
             some
             English
             Merchants
             Ships
             did
             attempt
             to
             enter
             ,
             but
             were
             deny'd
             by
             the
             Hollanders
             .
          
           
             Most
             certain
             ,
             if
             a
             
               Neuter
               Nation
            
             hath
             had
             notice
             of
             the
             War
             ,
             and
             caution
             given
             them
             (
             as
             is
             usual
             )
             not
             to
             supply
             the
             Enemy
             with
             counterband
             Goods
             ,
             as
             they
             call
             them
             ;
             if
             such
             be
             the
             case
             ,
             the
             prize
             is
             become
             absolute
             the
             Captors
             :
             So
             Queen
             Elizabeth
             did
             ,
             when
             she
             seized
             on
             the
             60
             Sail
             of
             the
             
               Hansiatique
               Towns
            
             ,
             who
             were
             carrying
             of
             Goods
             ,
             
             
               ropas
               contrabanda
            
             ,
             to
             the
             Spaniard
             her
             Enemy
             ;
             she
             condemned
             them
             ,
             and
             made
             them
             absolute
             prize
             ;
             
               for
               as
               neuters
               are
               not
               compellable
               by
               the
               rigour
               of
               War
               ,
               to
               give
               any
               thing
            
             
             
               against
               their
               will
               ,
               so
               must
               they
               not
               against
               the
               will
               of
               each
               Party
               afford
               such
               things
               ,
               as
               may
               dammage
               one
               another
            
             ;
             for
             Persons
             or
             Nations
             having
             had
             notice
             of
             the
             War
             ,
             which
             is
             done
             ,
             and
             caution
             given
             sometimes
             by
             Proclamation
             ,
             or
             some
             other
             publick
             Edict
             ,
             signifying
             the
             right
             of
             their
             cause
             ;
             shall
             afterwards
             gather
             to
             ,
             and
             assist
             the
             Enemy
             ,
             whether
             associates
             ,
             neuters
             ,
             or
             Subjects
             ,
             the
             same
             yeilds
             
               a
               right
            
             ,
             so
             far
             as
             to
             them
             ,
             not
             only
             to
             the
             charge
             and
             dammage
             
             that
             may
             fall
             thereby
             ,
             by
             making
             them
             prize
             ;
             but
             may
             make
             them
             obnoxious
             to
             punishment
             ;
             
               For
               it
               is
               the
               duty
               of
               those
               that
               abstain
               from
               War
               to
               do
               nothing
               for
               the
               strengthning
               of
               him
               ,
               who
               maintains
               a
               bad
               cause
               ,
               whereby
               the
               motions
               of
               him
               that
               wageth
               a
               just
               War
               may
               be
               retarded
               ,
            
             and
             where
             the
             cause
             is
             doubtful
             ,
             they
             ought
             to
             shew
             themselves
             equall
             to
             both
             ,
             permitting
             passage
             ,
             Baking
             ,
             Dressing
             ,
             and
             affording
             provision
             for
             each
             Army
             ,
             or
             Navy
             .
          
           
           
             
               L.
               Aemilius
               Praetor
            
             ,
             accused
             the
             Tejans
             for
             victualling
             
             the
             Enemy's
             Navy
             ,
             promising
             them
             Wine
             ,
             adding
             ,
             that
             unless
             they
             would
             do
             the
             like
             for
             the
             Navy
             of
             the
             Romans
             ,
             he
             would
             account
             them
             as
             Enemies
             :
             but
             common
             experience
             hath
             taught
             Nations
             and
             Kingdoms
             ,
             when
             they
             declare
             a
             Neutrality
             ,
             to
             make
             provision
             by
             way
             of
             League
             with
             both
             the
             Nations
             at
             War
             ,
             that
             when
             it
             should
             happen
             the
             Armies
             of
             both
             ,
             or
             any
             draw
             towards
             their
             Territories
             ,
             it
             might
             be
             lawful
             for
             them
             to
             exhibite
             the
             
               Common
               offices
               of
               humanity
            
             to
             both
             .
          
           
             The
             Venetians
             having
             so
             far
             prevail'd
             against
             the
             Turk
             ,
             in
             the
             Island
             of
             Candia
             ,
             that
             they
             held
             the
             City
             of
             Canea
             ,
             straightly
             besieg'd
             by
             Sea
             and
             Land
             ,
             whereby
             they
             had
             reduc'd
             it
             to
             great
             extremities
             ,
             it
             happened
             at
             that
             time
             to
             ride
             about
             7
             stout
             Merchant
             Men
             ,
             in
             the
             Port
             at
             Smirna
             ;
             the
             General
             of
             the
             Venetians
             being
             jealous
             of
             their
             joyning
             with
             the
             Turkish
             Armado
             ,
             desired
             to
             know
             their
             minds
             ,
             who
             answer'd
             ,
             they
             would
             prove
             neuter
             in
             the
             dispute
             ;
             but
             afterwards
             (
             though
             at
             first
             the
             Captains
             all
             refused
             )
             upon
             the
             threatning
             of
             the
             Grand-Seignior
             ,
             to
             lay
             an
             Embargoe
             on
             all
             the
             Goods
             of
             the
             English
             Nation
             in
             his
             Dominion
             ,
             and
             
             to
             make
             slaves
             of
             their
             Persons
             ;
             those
             Captains
             were
             forced
             to
             joyn
             with
             the
             Turkish
             Forces
             ,
             who
             beat
             the
             Venetians
             from
             before
             Canea
             ,
             and
             so
             reliev'd
             it
             ;
             the
             Venetians
             Embassador
             complain'd
             to
             the
             then
             Powers
             in
             England
             ,
             but
             could
             have
             no
             relief
             ,
             being
             answer'd
             ,
             
               that
               those
               Ships
               in
               the
               Turks
               power
               ,
               were
               Subject
               to
               it
               .
            
             
             
             
             
          
        
         
           
           
             CHAP.
             II.
             Of
             Letters
             of
             Marque
             ,
             and
             Reprizal
             :
          
           
             
               
                 
                   I.
                   Of
                   Reprizals
                   generally
                   considered
                   ,
                   and
                   for
                   what
                   .
                
                 
                   II.
                   That
                   Reprizals
                   are
                   unlawful
                   by
                   the
                   Laws
                   of
                   Nature
                   and
                   the
                   Romans
                   .
                
                 
                   III.
                   That
                   the
                   same
                   by
                   the
                   Laws
                   of
                   Nations
                   ,
                   are
                   now
                   become
                   lawful
                   .
                
                 
                   IV.
                   The
                   advantage
                   that
                   accrues
                   by
                   the
                   same
                   .
                
                 
                   V.
                   The
                   causes
                   that
                   requires
                   the
                   same
                   .
                
                 
                   VI.
                   Of
                   the
                   things
                   necessarily
                   requisite
                   for
                   the
                   observing
                   them
                   .
                
                 
                   VII
                   .
                   Reprizals
                   ordinary
                   and
                   extraordinary
                   ,
                   according
                   to
                   the
                   Laws
                   of
                   England
                   .
                
                 
                   VIII
                   .
                   Of
                   the
                   Interest
                   of
                   Princes
                   of
                   granting
                   them
                   ,
                   and
                   Letters
                   of
                   Request
                
                 
                   IX
                   .
                   The
                   difference
                   of
                   injustice
                   offer'd
                   to
                   Subjects
                   and
                   Forraigners
                   ;
                   when
                   and
                   where
                   the
                   one
                   is
                   concluded
                   ,
                   and
                   not
                   the
                   other
                   .
                
                 
                   X.
                   What
                   is
                   meant
                   by
                   denying
                   of
                   right
                   ,
                   and
                   doing
                   of
                   injustice
                   ,
                   and
                   where
                   Reprizals
                   take
                   rooting
                   ,
                   and
                   where
                   not
                   .
                
                 
                   XI
                   .
                   Of
                   Reprizals
                   awarded
                   in
                   cases
                   ordinary
                   .
                
                 
                   XII
                   .
                   Of
                   Reprizals
                   issuing
                   forth
                   in
                   cases
                   extraordinary
                   .
                
                 
                   XIII
                   .
                   Of
                   Letters
                   of
                   Request
                   precedent
                   ,
                   allotting
                   a
                   time
                   certain
                   for
                   satisfaction
                   .
                
                 
                   XIV
                   .
                   Domicil
                   not
                   origination
                   subject
                   to
                   Reprize
                   .
                
                 
                   XV.
                   Reprizal
                   not
                   granted
                   if
                   the
                   spoil
                   was
                   occasioned
                   by
                   War.
                   
                
                 
                   XVI
                   .
                   Of
                   Persons
                   exempt
                   from
                   Reprizal
                   by
                   the
                   Laws
                   of
                   Nations
                   ,
                   Canon
                   and
                   Civil
                   Law.
                   
                
                 
                   XVII
                   .
                   Where
                   Ships
                   or
                   Goods
                   are
                   subject
                   to
                   Reprize
                   ,
                   and
                   where
                   not
                   .
                
                 
                   XVIII
                   .
                   When
                   right
                   deny'd
                   ,
                   whether
                   life
                   is
                   engag'd
                   ,
                   and
                   whether
                   Persons
                   refusing
                   to
                   yeild
                   may
                   be
                   slain
                   .
                
                 
                   XIX
                   .
                   Goods
                   taken
                   by
                   Reprize
                   ,
                   where
                   the
                   Property
                   is
                   altered
                   ,
                   and
                   where
                   otherwise
                   .
                
                 
                   XX.
                   Where
                   many
                   Ships
                   are
                   present
                   ,
                   and
                   one
                   becomes
                   Captor
                   ,
                   whether
                   the
                   spoil
                   must
                   be
                   divided
                   or
                   remain
                   his
                   ,
                   that
                   became
                   Master
                   .
                
                 
                   XXI
                   .
                   Of
                   the
                   Captors
                   duties
                   af●…ter
                   a
                   Prize
                   taken
                   ,
                   and
                   its
                   exemption
                   from
                   Custom
                   .
                
                 
                   XXII
                   .
                   Restitution
                   ,
                   when
                   to
                   be
                   made
                   ,
                   after
                   the
                   debt
                   satisfy'd
                   .
                
                 
                   XXIII
                   .
                   Contribution
                   ,
                   whether
                   it
                   can
                   be
                   by
                   the
                   Laws
                   of
                   England
                   to
                   him
                   whose
                   Goods
                   are
                   taken
                   by
                   Reprize
                   .
                
                 
                   XXIV
                   .
                   Commissions
                   awarded
                   for
                   the
                   enquiring
                   of
                   depredations
                   ,
                   under
                   which
                   the
                   Parties
                   may
                   probaably
                   obtain
                   recompence
                   .
                
              
            
          
           
             I.
             REprizals
             known
             to
             us
             by
             the
             word
             of
             Represalie
             ,
             or
             
               Leters
               of
               Marque
            
             ,
             in
             Law
             have
             other
             appellations
             ,
             as
             
               Pignoratio
               ,
               Clarigatio
            
             and
             
               Androlepsia
               ,
               &c.
            
             
             In
             imitation
             of
             that
             Androlepsia
             ,
             among
             the
             Greeks
             ,
             to
             seize
             the
             three
             next
             Citizens
             of
             that
             Place
             ,
             whether
             the
             murderer
             had
             fled
             ,
             and
             was
             always
             given
             to
             him
             who
             required
             revenge
             of
             the
             offender
             ;
             the
             word
             
               (
               Reprisals
            
             )
             is
             from
             the
             
               French
               reprendre
            
             
             and
             
               reprise
               ,
               i.
               e.
               resumptio
            
             ,
             that
             is
             to
             re-take
             or
             take
             again
             
             one
             thing
             for
             another
             ,
             like
             our
             
               Saxon
               Withernam
            
             .
             Though
             the
             Art
             is
             now
             become
             lawful
             by
             the
             Law
             (
             indeed
             the
             consent
             )
             of
             Nations
             ,
             yet
             it
             must
             have
             its
             Standard
             mark
             ,
             for
             the
             same
             cannot
             be
             done
             by
             any
             private
             authority
             ,
             but
             only
             by
             the
             power
             of
             that
             Prince
             or
             Republique
             ,
             whose
             Subject
             the
             injur'd
             Person
             is
             ,
             nor
             is
             the
             same
             grantable
             by
             authority
             ;
             but
             where
             the
             Party
             injur'd
             has
             
               Justice
               deny'd
            
             him
             ,
             or
             the
             same
             
               illegally
               delay'd
            
             .
          
           
             II.
             By
             the
             
               Law
               of
               Nature
            
             ,
             no
             Man
             is
             bound
             for
             anothers
             Act
             ,
             but
             only
             the
             successor
             of
             his
             Estate
             ,
             for
             that
             Goods
             and
             Estate
             should
             pass
             with
             their
             Burdens
             ,
             was
             introduc'd
             together
             with
             the
             Dominion
             of
             things
             ;
             hence
             it
             is
             that
             the
             Son
             cannot
             be
             molested
             for
             the
             debt
             of
             his
             Father
             ,
             †
             neither
             the
             Wife
             for
             the
             debt
             of
             the
             Husband
             ,
             nor
             the
             Husband
             for
             the
             debt
             of
             the
             Wife
             ;
             the
             same
             being
             against
             natural
             equity
             ,
             that
             one
             should
             be
             troubled
             for
             the
             debt
             of
             another
             .
          
           
             So
             it
             is
             ,
             that
             no
             particular
             Men
             ow
             not
             ,
             or
             are
             oblig'd
             for
             the
             debt
             which
             the
             Community
             ows
             ,
             that
             is
             if
             the
             Community
             have
             any
             Goods
             ;
             but
             if
             Mony
             be
             lent
             to
             a
             Community
             ,
             each
             particular
             is
             naturally
             bound
             ,
             as
             they
             are
             a
             part
             of
             the
             whole
             ,
             if
             the
             Stock
             publique
             be
             wanting
             :
             If
             one
             lends
             my
             Country
             Money
             (
             says
             
               Seneca
               )
               I
               will
               not
               call
            
             
             
               my self
               his
               debtor
               ,
               yet
               will
               I
               pay
               my
               share
               :
            
             And
             again
             ,
             
               Being
               one
               of
               the
               people
               ,
               I
               will
               not
               pay
               as
               for
               my self
               ,
               but
               contribute
               as
               for
               my
               Countrey
               :
            
             Naturally
             ,
             nay
             ,
             by
             the
             very
             
               Roman
               Law
            
             ,
             *
             one
             Village
             was
             not
             bound
             for
             the
             other
             ,
             nor
             one
             Mans
             Possessions
             charged
             for
             another
             ;
             no
             not
             so
             much
             as
             with
             the
             debts
             publique
             :
             the
             reason
             being
             added
             ,
             
               that
               it
               was
               against
               reason
               for
               one
               to
               be
               charged
               with
               the
               debt
               of
               another
               .
            
          
           
             III.
             And
             though
             by
             the
             
               Law
               of
               Nature
            
             ,
             one
             Mans
             Goods
             are
             not
             ty'd
             for
             the
             debts
             of
             another
             ,
             no
             nor
             for
             those
             of
             the
             publique
             ;
             yet
             by
             the
             voluntary
             Law
             of
             Nations
             ,
             the
             same
             might
             be
             introduced
             and
             brought
             in
             ,
             and
             the
             same
             may
             stand
             well
             with
             the
             
               Laws
               of
               Nature
            
             ;
             for
             that
             might
             be
             introduced
             by
             custom
             and
             tacit
             consent
             ,
             when
             even
             sureties
             without
             any
             cause
             ,
             may
             subject
             and
             make
             lyable
             their
             Goods
             and
             Estates
             for
             the
             debts
             of
             a
             Stranger
             .
             So
             likewise
             ,
             that
             for
             any
             debt
             ,
             which
             any
             
               Civil
               Society
            
             ,
             or
             the
             Head
             thereof
             ought
             to
             make
             good
             ,
             or
             because
             the
             Soveraign
             or
             a
             Head
             hath
             not
             done
             right
             in
             anothers
             debt
             ,
             
             but
             hath
             made
             himself
             lyable
             to
             render
             satisfaction
             ;
             such
             a
             Society
             may
             oblige
             and
             make
             lyable
             all
             their
             Goods
             corporeal
             
             or
             incorporeal
             ,
             for
             the
             reddition
             of
             satisfaction
             .
             Hence
             it
             was
             ,
             as
             the
             Great
             Justinian
             observes
             ,
             that
             this
             custom
             was
             constituted
             by
             the
             Nations
             ,
             grounded
             on
             the
             urgency
             of
             humane
             needs
             ,
             asserted
             with
             the
             greatest
             of
             necessities
             :
             since
             without
             this
             ,
             great
             licence
             would
             be
             given
             and
             tolerated
             ,
             
             for
             the
             committing
             of
             depradations
             and
             injuries
             ;
             especially
             if
             only
             the
             Goods
             of
             Rulers
             were
             made
             lyable
             ,
             who
             seldom
             possess
             any
             thing
             ,
             that
             for
             satisfaction
             ,
             the
             injured
             may
             easily
             come
             by
             ,
             whereas
             those
             private
             Men
             ,
             whose
             commerce
             are
             various
             ,
             may
             be
             catcht
             for
             recompence
             ,
             sometimes
             with
             the
             greatest
             of
             ease
             ,
             and
             freest
             from
             danger
             .
             Besides
             ,
             the
             Owners
             of
             such
             prize
             ,
             being
             members
             of
             the
             same
             Society
             ,
             might
             more
             easily
             obtain
             mutual
             right
             ,
             for
             satisfaction
             of
             the
             injur'd
             ,
             and
             their
             
             own
             future
             indempnity
             then
             Forraigners
             could
             ,
             who
             without
             such
             a
             tye
             ,
             would
             be
             very
             little
             regarded
             .
          
           
             IV.
             The
             benefit
             which
             this
             custom
             of
             obligation
             hath
             now
             introduced
             ,
             is
             become
             universal
             ,
             and
             common
             to
             all
             Nations
             ;
             so
             that
             People
             that
             are
             at
             one
             time
             griev'd
             with
             
             this
             burden
             ,
             at
             another
             time
             might
             be
             eased
             of
             the
             same
             ,
             and
             by
             such
             taking
             ,
             the
             oppressed
             might
             the
             more
             easily
             obtain
             Justice
             ,
             &
             War
             be
             prevented
             .
             The
             Carthagineans
             would
             not
             suffer
             Ariston
             the
             Tyrian
             to
             be
             taken
             ;
             for
             said
             they
             ,
             
               the
               same
               will
               befall
               the
               Carthagineans
               at
               Tyre
               ,
               and
               in
               other
               Towns
               of
               Trade
               ,
               whereto
               they
               resort
               .
            
          
           
             V.
             A
             due
             administration
             of
             Justice
             ,
             is
             not
             the
             least
             sense
             ,
             wherein
             Princes
             are
             styled
             Gods
             :
             To
             deny
             or
             delay
             Justice
             ,
             is
             injustice
             ;
             Justice
             is
             every
             Mans
             right
             ,
             who
             hath
             not
             forfeited
             what
             he
             might
             claim
             by
             the
             
               Jus
               Gentium
            
             .
          
           
             If
             therefore
             the
             Party
             cannot
             obtain
             his
             Definitive
             Sentence
             or
             Judgement
             ,
             within
             a
             fit
             time
             against
             the
             Person
             of
             whom
             he
             complains
             ,
             or
             if
             here
             be
             a
             Judgement
             given
             against
             
               apparent
               right
            
             and
             Law
             ;
             yet
             if
             no
             relief
             can
             be
             had
             ,
             the
             Bodies
             or
             movables
             of
             his
             Subjects
             ,
             who
             renders
             not
             right
             ,
             may
             be
             taken
             .
             
          
           
             VI.
             In
             the
             prosecution
             of
             which
             there
             must
             be
             ,
             
               
                 1.
                 
                 The
                 Oath
                 of
                 the
                 Party
                 injur'd
                 ,
                 or
                 other
                 sufficient
                 proof
                 ,
                 touching
                 the
                 pretended
                 injury
                 ,
                 and
                 of
                 the
                 certain
                 loss
                 and
                 dammage
                 thereby
                 sustain'd
                 .
              
               
                 
                 2.
                 
                 A
                 proof
                 of
                 the
                 due
                 prosecution
                 for
                 the
                 obtaining
                 a
                 satisfaction
                 in
                 a
                 legal
                 way
                 .
              
               
                 3.
                 
                 Protelation
                 or
                 denyal
                 of
                 Justice
                 .
              
               
                 4.
                 
                 A
                 Complaint
                 to
                 his
                 own
                 Prince
                 or
                 State.
                 
              
               
                 5.
                 
                 Requisition
                 of
                 Justice
                 by
                 him
                 or
                 them
                 ,
                 made
                 to
                 the
                 Supream
                 Head
                 or
                 State
                 ,
                 where
                 Justice
                 in
                 the
                 ordinary
                 course
                 was
                 deny'd
                 .
              
               
                 6.
                 
                 Presistency
                 still
                 ,
                 in
                 the
                 denyal
                 of
                 Justice
                 :
              
            
          
           
             All
             which
             being
             done
             ,
             Letters
             of
             Reprisal
             under
             such
             cautions
             ,
             restrictions
             ,
             and
             limitations
             ,
             as
             are
             consonant
             to
             Law
             ,
             and
             as
             the
             special
             case
             may
             require
             ,
             may
             issue
             not
             only
             by
             the
             
               Jus
               Gentium
            
             ,
             and
             Civile
             ,
             but
             by
             the
             antient
             and
             Municipal
             Laws
             of
             this
             Kindom
             .
             †
          
           
             VII
             .
             The
             Reprisals
             grantable
             by
             the
             Laws
             of
             England
             ,
             are
             of
             two
             sorts
             ,
             Ordinary
             and
             Extraordinary
             .
             The
             Ordinary
             
             are
             ,
             where
             any
             English
             Merchants
             or
             their
             Goods
             are
             spoiled
             ,
             or
             taken
             from
             them
             ,
             in
             parts
             beyond
             the
             Sea
             
             by
             Merchants
             Strangers
             ,
             and
             cannot
             upon
             Suit
             or
             the
             Kings
             demanding
             of
             Justice
             for
             him
             ,
             obtain
             the
             same
             ,
             he
             shall
             have
             upon
             testimony
             of
             such
             prosecution
             ,
             a
             Writ
             out
             of
             the
             Chancery
             ,
             to
             arrest
             the
             Merchants
             Strangers
             ,
             of
             that
             
             Nation
             their
             Goods
             here
             in
             England
             ;
             the
             which
             is
             grantable
             the
             Subject
             opprest
             of
             
               Common
               Right
            
             ,
             by
             the
             Chancellor
             or
             Keeper
             of
             England
             ,
             who
             always
             in
             such
             case
             hath
             the
             approbation
             of
             the
             King
             or
             Councel
             ,
             or
             both
             ,
             for
             his
             so
             doing
             .
          
           
             The
             Extraordinary
             are
             by
             Letters
             of
             Marque
             ,
             for
             Reparation
             at
             Sea
             ,
             or
             any
             place
             out
             of
             the
             Realm
             ,
             grantable
             by
             the
             Secretaries
             of
             State
             ,
             with
             the
             like
             approbation
             of
             the
             King
             or
             Councel
             ,
             or
             both
             .
          
           
             VIII
             .
             And
             as
             Princes
             by
             the
             Laws
             of
             Nations
             ,
             are
             responsible
             for
             injuries
             publique
             ,
             so
             should
             they
             by
             the
             most
             prudent
             ways
             imaginable
             ,
             prevent
             those
             that
             are
             private
             ,
             not
             suffering
             Forraigners
             ,
             if
             possible
             ,
             to
             receive
             wrongs
             in
             their
             Countries
             :
             For
             ,
             as
             the
             Florentine
             observes
             ,
             
               If
               a
            
             
             
               Man
               be
               exceedingly
               offended
               ,
               either
               by
               the
               publique
               ,
               or
               by
               any
               other
               private
               hand
               ,
               in
               a
               Forraign
               Nation
               ,
               and
               cannot
               obtain
               reparation
               according
               to
               Justice
               ,
               he
               will
               never
               leave
               blowing
               the
               coals
               ,
               or
               cease
               promoting
               the
               injury
               ,
               till
               the
               flame
               break
               out
               in
               War
               ;
               in
               which
               he
               cares
               not
               if
               he
               sees
               the
               ruin
               of
               that
               Kingdom
               or
               State
               ,
               where
               he
               receiv'd
               his
               wrongs
               .
            
          
           
             Nor
             should
             the
             Prince
             or
             State
             of
             the
             Person
             injur'd
             ,
             
             value
             his
             misfortune
             at
             so
             low
             a
             rate
             ,
             as
             to
             deny
             him
             Letters
             of
             Request
             ;
             for
             that
             were
             to
             heap
             up
             injury
             upon
             injury
             ,
             but
             likewise
             if
             Justice
             be
             deny'd
             after
             such
             Request
             ,
             to
             Arm
             him
             with
             power
             to
             take
             satisfaction
             by
             Reprise
             ,
             
               vi
               manu
               &
               militari
            
             .
             
          
           
             Generally
             there
             always
             preceeds
             Letters
             of
             Request
             ,
             2
             or
             3
             ,
             more
             or
             less
             ;
             and
             according
             to
             the
             satisfaction
             ,
             sufficient
             or
             insufficient
             ,
             returned
             in
             answer
             to
             the
             same
             ,
             Commissions
             are
             awarded
             .
          
           
             IX
             .
             Subjects
             cannot
             by
             force
             hinder
             the
             Execution
             ,
             even
             of
             an
             unjust
             Judgement
             ,
             nor
             lawfully
             pursue
             their
             right
             by
             force
             ,
             by
             reason
             of
             the
             efficacy
             of
             the
             power
             over
             them
             :
             But
             Forraigners
             have
             a
             right
             to
             compel
             ,
             which
             yet
             they
             cannot
             use
             lawfully
             ,
             so
             long
             as
             they
             may
             obtain
             satisfaction
             by
             Judgement
             .
             But
             if
             that
             ceases
             ,
             then
             Reprisal
             is
             let
             in
             .
          
           
             Now
             Judgement
             is
             obtained
             either
             in
             the
             ordinary
             course
             ,
             
             by
             way
             of
             Prosecution
             ,
             or
             Suit
             ,
             or
             Appeal
             from
             the
             same
             ,
             after
             Sentence
             ,
             or
             Judgement
             given
             to
             a
             higher
             Court
             ;
             or
             else
             in
             the
             Extraordinary
             way
             ,
             which
             is
             by
             way
             of
             Supplication
             ,
             or
             Petition
             to
             the
             
               Supream
               Power
            
             :
             but
             we
             must
             understand
             that
             to
             be
             ,
             when
             the
             matter
             
               in
               controversie
            
             is
             ,
             
             
               tam
               quod
               merita
               qu●…m
               quod
               modum
               praecedendi
            
             ;
             not
             doubtful
             ,
             for
             in
             doubtful
             matters
             the
             presumption
             is
             ever
             for
             the
             Judge
             ,
             or
             Court.
             
          
           
             But
             the
             Reprisal
             must
             be
             grounded
             on
             a
             wrong
             Judgement
             ,
             given
             in
             matters
             
               not
               doubtful
            
             ,
             which
             might
             have
             been
             redressed
             one
             way
             or
             other
             ;
             either
             by
             the
             ordinary
             or
             extraordinary
             power
             of
             the
             Country
             or
             place
             ;
             and
             the
             which
             was
             apparently
             perverted
             ,
             or
             deny'd
             .
          
           
             But
             if
             the
             matter
             be
             doubtful
             ,
             then
             otherwise
             ;
             for
             in
             causes
             dubious
             or
             difficult
             ,
             there
             is
             a
             presumption
             always
             that
             Justice
             was
             truly
             administred
             by
             them
             ,
             who
             were
             duely
             elected
             to
             publick
             Judgements
             .
          
           
             XI
             .
             And
             yet
             in
             this
             later
             case
             ,
             some
             *
             who
             are
             of
             opinion
             ,
             that
             if
             the
             cause
             were
             dubious
             ,
             and
             if
             the
             Judgement
             were
             against
             apparent
             right
             ,
             the
             Stranger
             oppressed
             ,
             is
             let
             into
             his
             satisfaction
             ;
             and
             the
             reason
             is
             because
             the
             Judge's
             authority
             is
             not
             the
             same
             over
             Forraigners
             ,
             as
             over
             Subjects
             ,
             for
             the
             reason
             above
             mentioned
             .
          
           
             If
             an
             English
             Merchant
             shall
             prosecute
             a
             Suit
             in
             the
             Ordinary
             Courts
             of
             Law
             beyond
             Seas
             ,
             and
             Sentence
             or
             Judgement
             
             shall
             pass
             against
             him
             ,
             from
             which
             he
             appeals
             to
             the
             
               Supream
               Judgement
            
             ,
             and
             there
             the
             first
             Judgement
             or
             Sentence
             is
             affirmed
             ,
             though
             the
             Complainant
             hath
             received
             a
             Judgement
             against
             the
             
               real
               right
            
             of
             the
             cause
             ,
             yet
             this
             will
             be
             no
             cause
             for
             Letters
             of
             Reprisal
             ,
             though
             perhaps
             it
             may
             occasion
             Letters
             of
             Request
             (
             if
             there
             be
             strong
             circumstances
             for
             the
             same
             )
             to
             have
             a
             rehearing
             of
             the
             cause
             .
          
           
             But
             if
             an
             English
             Man
             shall
             recover
             a
             debt
             there
             ,
             and
             then
             the
             Officer
             ,
             having
             the
             debtor
             in
             custody
             ,
             will
             wilfully
             let
             the
             Prisoner
             escape
             ,
             and
             then
             become
             insolvent
             ;
             the
             same
             may
             perhaps
             occasion
             Reprisal
             .
          
           
             In
             England
             ,
             if
             a
             Forraigner
             brings
             an
             Action
             personal
             against
             
               I
               S.
            
             and
             the
             matter
             is
             found
             special
             ,
             or
             general
             ,
             and
             
             the
             Party
             prays
             Judgement
             ,
             and
             the
             Court
             refuses
             it
             ;
             and
             then
             the
             Deffendant
             dyes
             ,
             and
             with
             him
             the
             Action
             ,
             (
             the
             nature
             of
             it
             being
             such
             )
             the
             Party
             is
             here
             without
             remedy
             ,
             the
             same
             may
             occasion
             Letters
             of
             Reprisals
             ,
             if
             it
             be
             accompained
             with
             those
             circumstances
             ,
             that
             evince
             an
             apparent
             denyal
             of
             Justice
             ,
             
               i.
               e.
            
             as
             putting
             it
             off
             from
             Term
             to
             Term
             ,
             without
             cause
             .
          
           
             An
             English
             Man
             pursues
             his
             right
             in
             the
             legal
             Courts
             beyond
             Seas
             ;
             and
             the
             Military
             Governor
             opposes
             the
             prosecution
             ,
             and
             by
             force
             conveys
             away
             the
             debtor
             and
             his
             Goods
             ,
             the
             Sentence
             or
             Judgement
             is
             obtained
             ,
             its
             ultimate
             
             end
             being
             Execution
             ,
             being
             thus
             frustrated
             ,
             may
             occasion
             Letters
             of
             Reprisal
             .
          
           
             XII
             .
             Persons
             murdered
             ,
             spoiled
             ,
             or
             otherwise
             dampnify'd
             in
             hostile
             manner
             ,
             in
             the
             Territories
             or
             places
             belonging
             to
             that
             King
             ,
             to
             whom
             Letters
             of
             Request
             are
             issued
             forth
             ,
             if
             no
             satisfaction
             be
             returned
             ,
             Letters
             of
             Reprisal
             may
             issue
             forth
             ;
             and
             the
             Parties
             petitioners
             are
             not
             in
             such
             cases
             compelled
             to
             ressort
             to
             the
             Ordinary
             prosecution
             :
             But
             the
             Prince
             of
             that
             Country
             ,
             against
             whom
             the
             same
             are
             awarded
             ,
             must
             repair
             the
             damage
             out
             of
             his
             or
             their
             Estates
             ,
             who
             committed
             the
             injuries
             ;
             and
             if
             that
             proves
             deficient
             ,
             it
             must
             then
             fall
             as
             a
             common
             debt
             on
             his
             Country
             .
          
           
             XIII
             .
             Such
             Letters
             of
             Request
             generally
             allot
             a
             time
             *
             certain
             for
             damages
             ,
             to
             be
             repaired
             ,
             if
             not
             Reprisals
             to
             issue
             forth
             .
          
           
           
             XIV
             .
             It
             is
             not
             the
             place
             of
             any
             Mans
             Nativity
             ,
             but
             his
             domicil
             ;
             not
             of
             his
             Origination
             ,
             but
             of
             his
             Habitation
             ,
             that
             ●…bjects
             him
             to
             Reprise
             :
             The
             Law
             doth
             not
             consider
             so
             much
             where
             he
             was
             Born
             ,
             as
             where
             he
             lives
             ,
             not
             so
             much
             where
             he
             came
             into
             the
             World
             ,
             as
             where
             he
             improves
             the
             World.
             
          
           
             If
             therefore
             Letters
             of
             Reprisal
             should
             be
             awarded
             against
             the
             Subjects
             of
             the
             
               Duke
               of
               Florence
            
             ,
             and
             a
             Native
             of
             Florence
             ,
             but
             denizied
             or
             Naturalized
             in
             England
             ,
             should
             have
             a
             Ship
             on
             a
             Voyage
             for
             Leighorn
             ,
             if
             a
             caption
             should
             be
             made
             ,
             the
             same
             is
             not
             lawful
             ,
             nor
             can
             the
             same
             be
             made
             prise
             .
          
           
             XV.
             Nor
             doth
             it
             any
             where
             appear
             ,
             that
             Reprisals
             can
             be
             granted
             on
             misfortunes
             happenning
             to
             Persons
             or
             their
             Goods
             ,
             residing
             or
             being
             in
             Forraign
             parts
             in
             time
             of
             War
             there
             ;
             for
             if
             any
             misfortune
             happens
             ,
             or
             is
             occasioned
             to
             their
             effects
             ,
             or
             to
             their
             Persons
             ,
             then
             they
             must
             be
             contented
             to
             sit
             down
             under
             the
             losse
             ;
             it
             being
             their
             own
             faults
             ,
             they
             would
             not
             fly
             or
             relinquish
             the
             place
             ,
             when
             they
             fore-saw
             the
             Country
             was
             subject
             to
             the
             spoil
             of
             the
             Souldiers
             ,
             and
             devastation
             of
             the
             Conqueror
             .
          
           
             The
             factions
             of
             the
             Guelfs
             and
             Gibellins
             in
             Florence
             ,
             warring
             against
             each
             other
             .
             The
             Guelfs
             obtaining
             the
             Victory
             ,
             
             and
             thrusting
             the
             Gibellins
             out
             of
             it
             ,
             after
             they
             had
             taken
             the
             City
             .
             
               Domum
               cujusdam
               Hugonis
               de
               Papi
               in
               hoc
            
             
             
               Regno
               Angliae
               demorantae
               diruerunt
            
             ,
             and
             plundred
             his
             Goods
             therein
             ,
             
               qui
               Hugo
               supplicavit
               Dom.
               Regi
               ,
               ut
               inde
               Itali
               Mercatores
            
             (
             of
             that
             faction
             and
             City
             then
             in
             England
             )
             
               emendas
               hic
               sibi
               facerent
            
             ;
             upon
             which
             
               adjudicatum
               fuit
               ;
               quod
               dicti
               Mercatores
               ,
               dicto
               Hugoni
               satisfaciant
               pro
               damnis
               susceptis
               ,
               &
               destructione
               domus
               suae
               :
            
             upon
             which
             a
             Writ
             of
             error
             was
             brought
             ,
             and
             the
             Judgement
             was
             reversed
             ,
             
             in
             these
             words
             ;
             
               Quod
               non
               est
               consuetudo
               Angliae
               de
               aliqua
               transgressione
               facta
               in
               aliena
               Regione
               ,
               tempore
               Guerrae
               ,
               vel
               alio
               modo
               ,
               consideratum
               est
               ,
               quod
               totus
               processus
               &
               ejus
               effectus
               provocentur
               ,
            
             &c.
             
          
           
             XVI
             By
             right
             (
             for
             so
             it
             is
             now
             called
             of
             rendring
             like
             for
             like
             )
             there
             are
             many
             Persons
             exempted
             ,
             and
             those
             
             whose
             Persons
             are
             so
             priviledged
             ,
             have
             also
             protection
             
             for
             their
             Goods
             ,
             some
             by
             the
             Laws
             of
             Nations
             ,
             some
             by
             the
             Civil
             Law
             ,
             others
             by
             the
             Common
             Law
             ;
             among
             which
             Embassadors
             by
             the
             Laws
             of
             Nations
             ,
             their
             retinue
             and
             Goods
             are
             exempt
             ,
             coming
             from
             him
             ,
             who
             awarded
             the
             Reprise
             ,
             the
             Laws
             of
             Nations
             not
             only
             providing
             for
             the
             Dignity
             of
             him
             that
             sends
             ,
             but
             likewise
             the
             security
             going
             and
             coming
             of
             him
             that
             is
             sent
             .
          
           
             Nor
             against
             those
             that
             travel
             for
             Religion
             ,
             nor
             on
             Students
             ,
             Schollars
             ,
             or
             their
             Books
             ;
             nor
             on
             Women
             or
             Children
             ,
             by
             the
             Civil
             Law
             :
             nor
             those
             that
             travel
             through
             a
             Country
             ,
             staying
             but
             a
             little
             while
             there
             .
          
           
             By
             the
             
               Canon
               Law
            
             ,
             Ecclesiastical
             Persons
             are
             expresly
             exempt
             from
             Reprisals
             .
          
           
             A
             Merchant
             of
             another
             place
             then
             that
             against
             which
             Reprisals
             are
             granted
             ,
             albeit
             the
             Factor
             of
             such
             Goods
             were
             of
             that
             place
             ,
             are
             not
             Subject
             to
             Reprisals
             .
          
           
             XVII
             .
             Ships
             driven
             into
             Port
             by
             storm
             or
             stress
             of
             weather
             ,
             have
             an
             exemption
             from
             the
             Law
             of
             Reprisals
             ,
             according
             to
             the
             
               Jus
               commune
            
             ;
             but
             by
             the
             Law
             of
             England
             otherwise
             ,
             unless
             expresly
             provided
             for
             in
             the
             Writ
             ,
             or
             Commission
             .
          
           
             But
             if
             such
             Ship
             flyes
             from
             his
             own
             Country
             to
             avoid
             confiscation
             ,
             or
             some
             other
             fault
             ,
             and
             is
             driven
             in
             by
             stress
             off
             ,
             she
             may
             then
             become
             subject
             to
             be
             prize
             .
          
           
             But
             it
             is
             not
             lawful
             to
             make
             seizure
             in
             any
             Ports
             ,
             but
             in
             his
             who
             awarded
             the
             Reprisal
             ,
             or
             his
             against
             whom
             the
             same
             issued
             ;
             for
             the
             Ports
             of
             other
             Princes
             or
             States
             ,
             the
             
               Peace
               of
               them
            
             are
             to
             be
             maintained
             .
          
           
             XVIII
             .
             *
             Ships
             attaqued
             by
             those
             that
             have
             Letters
             of
             Reprise
             ,
             and
             refused
             to
             be
             yielded
             up
             ,
             may
             be
             assaulted
             ,
             and
             entered
             ;
             and
             though
             it
             may
             fall
             out
             not
             by
             intention
             ,
             but
             by
             accident
             ,
             that
             some
             of
             those
             that
             so
             resist
             ,
             may
             happen
             to
             be
             slain
             ,
             yet
             the
             fault
             will
             lie
             at
             their
             own
             doors
             ,
             for
             hindering
             the
             execution
             of
             right
             ,
             and
             that
             which
             the
             Law
             most
             justly
             approves
             of
             .
          
           
             XIX
             .
             This
             right
             of
             changing
             of
             Dominion
             ,
             is
             so
             odious
             ,
             that
             in
             the
             taking
             of
             Goods
             ,
             if
             by
             any
             possibility
             the
             right
             Owners
             may
             have
             restitution
             ,
             the
             same
             has
             been
             done
             ;
             and
             though
             a
             larger
             then
             24
             hours
             may
             happen
             between
             the
             capture
             and
             recapture
             ,
             and
             so
             may
             pernoctare
             with
             the
             Captor
             ;
             yet
             restitution
             may
             be
             made
             .
          
           
           
             And
             therefore
             if
             he
             ,
             who
             hath
             Letters
             of
             Mark
             or
             Reprisal
             ,
             takes
             the
             Ships
             and
             Goods
             of
             that
             Nation
             ,
             against
             whom
             the
             same
             are
             awarded
             ,
             and
             brings
             the
             same
             into
             a
             
               Neuter
               Nation
            
             ,
             the
             Owners
             may
             there
             seize
             her
             ,
             or
             there
             
             the
             Admiral
             may
             make
             restitution
             by
             Law
             ;
             as
             well
             the
             Ship
             's
             Goods
             to
             the
             Owners
             ,
             as
             the
             Persons
             captives
             to
             their
             former
             liberty
             ;
             for
             that
             the
             same
             ought
             first
             to
             have
             been
             brought
             
               infra
               Praesidia
            
             of
             that
             Prince
             or
             State
             ,
             by
             whose
             Subjects
             the
             same
             was
             taken
             .
          
           
             And
             wth
             this
             agrees
             the
             
               Common
               Law
            
             ;
             for
             a
             Dunkirker
             having
             taken
             a
             
               French
               Vessel
            
             ,
             sold
             the
             same
             at
             Weymouth
             ,
             whether
             it
             had
             been
             driven
             before
             it
             was
             brought
             
               infra
               Praesidia
               Dom.
               Regis
               Hisp.
            
             it
             was
             in
             such
             case
             rul'd
             ,
             that
             if
             a
             Ship
             be
             taken
             by
             Piracy
             ,
             or
             Letters
             of
             Mark
             and
             Reprisal
             ,
             and
             is
             not
             brought
             
               infra
               Praesidia
            
             of
             that
             Prince
             or
             State
             ,
             by
             whose
             Subject
             the
             same
             was
             taken
             ,
             the
             same
             could
             not
             become
             lawful
             prise
             ,
             nor
             were
             the
             Owners
             by
             such
             a
             caption
             divested
             of
             their
             property
             .
          
           
             But
             if
             the
             Caption
             be
             Ships
             of
             War
             ,
             the
             property
             will
             be
             immediately
             in
             the
             Captors
             ,
             and
             never
             divested
             ,
             unless
             afterwards
             
               vis
               manu
               &
               forti
            
             ,
             be
             in
             Battle
             regained
             .
          
           
             XX.
             Upon
             the
             sharing
             the
             Spoil
             of
             the
             captivated
             Ships
             ,
             regard
             is
             had
             to
             the
             Ships
             present
             ,
             not
             the
             Captors
             only
             ;
             for
             his
             reward
             must
             be
             the
             encouragement
             of
             his
             Prince
             ,
             like
             the
             
               Roman
               Coronas
            
             ,
             of
             which
             there
             were
             various
             ,
             according
             to
             the
             atchievement
             of
             the
             Conqueror
             ,
             in
             imitation
             of
             which
             our
             Soveraign
             in
             his
             Royal
             encouraging
             Medals
             ,
             follows
             the
             example
             ,
             to
             his
             deserving
             Commanders
             ,
             as
             so
             many
             Ensigns
             to
             enflame
             Noble
             Souls
             to
             the
             performing
             Acts
             of
             Glory
             and
             Renown
             .
             I
             say
             the
             profits
             of
             Prises
             are
             to
             be
             equally
             divided
             amongst
             the
             Ships
             present
             ,
             and
             not
             solely
             to
             the
             Captor
             ;
             for
             if
             Letters
             of
             Reprisal
             are
             granted
             to
             two
             Ships
             ,
             and
             they
             happen
             both
             of
             them
             at
             Sea
             to
             meet
             a
             prise
             ,
             and
             the
             one
             attaques
             and
             enters
             her
             ,
             by
             means
             of
             which
             she
             becomes
             absolute
             the
             Conquerors
             ;
             yet
             the
             other
             hath
             right
             to
             
             an
             equal
             distribution
             with
             the
             Captor
             ,
             both
             in
             Ship
             and
             Goods
             ,
             although
             he
             did
             nothing
             in
             the
             Conquest
             :
             the
             reason
             is
             ,
             for
             although
             he
             mist
             the
             opportunity
             of
             taking
             her
             ,
             yet
             the
             
               presence
               of
               his
               Vessel
               armed
               and
               prepared
               for
               Battle
               ,
               at
               the
               time
               of
               taking
               ,
               became
               a
               terrour
               to
               the
               Ship
               that
               was
               so
               conquered
               :
            
             And
             by
             the
             Law
             presumed
             
               siue
               ejus
            
             ,
             
             that
             the
             other
             Ship
             would
             not
             or
             could
             be
             so
             taken
             ,
             which
             Law
             hath
             passed
             the
             current
             ,
             and
             approbation
             of
             the
             
               Common
               Law
            
             ,
             as
             reasonable
             ,
             just
             and
             equitable
             ,
             and
             may
             be
             pretended
             or
             surmised
             to
             entitle
             the
             party
             Captor
             ,
             to
             the
             making
             restitution
             of
             a
             moyety
             to
             his
             Companion
             then
             present
             .
          
           
             But
             if
             it
             should
             so
             happen
             ,
             that
             those
             to
             whom
             Letters
             of
             Mark
             are
             granted
             ,
             should
             instead
             of
             taking
             the
             Ships
             and
             Goods
             of
             that
             Nation
             ,
             against
             whom
             the
             same
             were
             awarded
             ,
             take
             or
             spoil
             the
             Goods
             of
             another
             Nation
             in
             amity
             ,
             this
             would
             amount
             to
             a
             down-right
             Piracy
             .
             And
             
             the
             Persons
             offenders
             should
             for
             such
             fault
             create
             a
             forfeiture
             of
             their
             Vessel
             ,
             and
             the
             Owners
             must
             be
             for
             ever
             concluded
             
             by
             the
             same
             ,
             notwithstanding
             such
             Commission
             .
          
           
             XXI
             .
             Therefore
             ,
             Letters
             of
             Mark
             or
             Reprisal
             issue
             not
             without
             good
             and
             sufficient
             caution
             ,
             first
             given
             for
             the
             due
             observance
             thereof
             ,
             according
             to
             Law
             ;
             the
             transgression
             of
             which
             creates
             a
             forfeiture
             of
             the
             same
             .
          
           
             And
             therefore
             ,
             having
             taken
             a
             prise
             ,
             and
             brought
             the
             same
             
               intra
               Praesidia
            
             ,
             the
             Captor
             must
             exhibite
             all
             the
             Ship
             Papers
             ,
             and
             captived
             Marriners
             to
             be
             examined
             in
             order
             to
             adjudication
             ,
             till
             when
             ,
             Bulck
             ought
             not
             to
             be
             broken
             without
             Commission
             ,
             nor
             may
             the
             Captain
             of
             the
             Captor
             suffer
             an
             imbezlement
             of
             the
             lading
             ,
             or
             sell
             Barter
             
             or
             dispose
             of
             any
             part
             ,
             without
             Commission
             ;
             for
             the
             King
             hath
             a
             proportion
             in
             all
             prises
             .
          
           
             Such
             Goods
             so
             brought
             in
             ,
             are
             not
             subject
             to
             pay
             
             Customs
             .
          
           
             XXII
             .
             By
             the
             Law
             of
             
               Nations
               ,
               ipso
               facto
            
             ,
             the
             Dominion
             of
             the
             things
             taken
             by
             those
             to
             whom
             Letters
             of
             Mark
             are
             granted
             ,
             become
             the
             captors
             ,
             till
             the
             debt
             and
             costs
             ,
             that
             is
             the
             original
             dammage
             and
             subsequent
             charges
             are
             satisfied
             ;
             which
             being
             done
             ,
             the
             residue
             ought
             to
             be
             restored
             :
             So
             the
             Venetians
             used
             their
             equity
             ,
             having
             taken
             the
             Ships
             of
             Genoa
             ,
             did
             not
             spoil
             any
             of
             the
             lading
             ,
             but
             preserved
             the
             same
             very
             carefully
             ,
             till
             the
             debt
             being
             pay'd
             ;
             
             which
             done
             ,
             restitution
             was
             made
             of
             the
             things
             entirely
             ,
             without
             diminution
             .
          
           
             XXIII
             .
             When
             for
             the
             fault
             perhaps
             of
             a
             few
             ,
             a
             debt
             becomes
             National
             ,
             by
             reason
             of
             which
             the
             Goods
             of
             the
             Innocent
             become
             lyable
             (
             if
             taken
             for
             satisfaction
             )
             whether
             by
             the
             Law
             of
             England
             ,
             the
             Party
             ought
             to
             have
             Contribution
             ,
             
             most
             certain
             by
             the
             
               Common
               Law
            
             ,
             where
             more
             are
             bound
             to
             one
             thing
             ;
             and
             yet
             one
             is
             put
             to
             the
             whole
             burden
             ,
             the
             Party
             may
             have
             process
             called
             
               Contributione
               facienda
            
             ,
             for
             his
             releif
             :
             but
             when
             a
             debt
             becomes
             universal
             or
             National
             ,
             it
             seems
             otherwise
             ,
             
               For
               if
               one
               lends
               my
            
             
             
               Country
               mony
               ,
               I
               will
               not
               call
               my self
               debtor
               ,
               yet
               I
               will
               pay
               my
               share
               :
            
             *
             so
             it
             may
             seem
             equitable
             by
             the
             Laws
             of
             Charity
             ,
             though
             not
             compellable
             by
             the
             Laws
             of
             the
             Land.
             
          
           
             XXIV
             .
             Yet
             when
             depradations
             have
             happened
             to
             Forraign
             Merchants
             ,
             and
             complaint
             hath
             been
             made
             ,
             the
             Kings
             of
             England
             have
             often
             issued
             forth
             Commissions
             to
             enquire
             of
             the
             same
             :
             and
             so
             it
             was
             done
             upon
             the
             Petition
             of
             some
             Merchants
             of
             Genoa
             ,
             who
             complain'd
             against
             the
             Inhabitants
             of
             the
             Isle
             of
             Garnsey
             ,
             for
             a
             depradation
             ,
             in
             taking
             away
             and
             detaining
             their
             Merchandize
             and
             Goods
             ,
             to
             the
             value
             of
             many
             thousands
             of
             pounds
             ,
             out
             of
             a
             Ship
             
             wracked
             by
             tempest
             near
             that
             Isle
             ,
             by
             which
             the
             Commissioners
             were
             impowr'd
             
               to
               punish
               the
               offenders
               ,
               and
               to
               make
               restitution
               satisfaction
               for
               the
               dammages
               .
            
          
           
             The
             like
             complaint
             was
             made
             by
             the
             Merchants
             of
             the
             Duke
             of
             Britain
             ,
             of
             certain
             depradations
             committed
             by
             the
             Subjects
             of
             the
             King
             of
             England
             ,
             who
             issued
             forth
             
             the
             like
             Commission
             ,
             and
             to
             give
             them
             reparation
             and
             damages
             for
             the
             same
             ;
             so
             that
             if
             the
             Subjects
             of
             the
             King
             of
             England
             have
             had
             their
             Goods
             by
             way
             of
             Reprise
             for
             the
             satisfaction
             of
             such
             debt
             or
             dammage
             ,
             they
             may
             have
             the
             benefit
             of
             the
             like
             Commissions
             ,
             to
             lick
             themselves
             whole
             out
             of
             the
             estates
             of
             the
             offenders
             .
          
        
         
           
           
             CHAP.
             III.
             Of
             Privateers
             or
             Capers
             .
          
           
             
               
                 
                   I.
                   Of
                   Privateers
                   ,
                   whether
                   allowable
                   by
                   the
                   Laws
                   of
                   Nature
                   .
                
                 
                   II
                   Of
                   permission
                   of
                   such
                   by
                   the
                   Laws
                   of
                   Nations
                   .
                
                 
                   III.
                   The
                   occasion
                   of
                   their
                   first
                   Institution
                   .
                
                 
                   IV.
                   Whether
                   it
                   be
                   lawful
                   to
                   undertake
                   such
                   an
                   Employment
                   .
                
                 
                   V.
                   Of
                   Commissions
                   generall
                   to
                   endamage
                   an
                   Enemy
                   .
                
                 
                   VI.
                   Of
                   Commissions
                   special
                   and
                   to
                   Privateers
                   ,
                   and
                   the
                   immunities
                   they
                   claim
                   by
                   the
                   same
                   .
                
                 
                   VII
                   .
                   Of
                   the
                   care
                   that
                   obliged
                   on
                   the
                   issuing
                   forth
                   such
                   Commissisions
                   .
                
                 
                   VIII
                   .
                   Of
                   provisions
                   made
                   as
                   in
                   reference
                   to
                   their
                   regulating
                   ,
                   and
                   especially
                   the
                   last
                   Treaty
                   Marine
                   between
                   England
                   and
                   Holland
                   .
                
                 
                   IX
                   .
                   Of
                   Goods
                   subject
                   to
                   prise
                   ,
                   how
                   considered
                   in
                   reference
                   to
                   adjudication
                   general
                   .
                
                 
                   X.
                   Of
                   the
                   Goods
                   considered
                   in
                   reference
                   to
                   adjudication
                   ,
                   on
                   occasions
                   special
                   .
                
                 
                   XI
                   .
                   Of
                   the
                   lading
                   made
                   prise
                   ,
                   whether
                   it
                   draws
                   in
                   a
                   forfeiture
                   of
                   the
                   Vessel
                   ,
                   and
                   where
                   otherwise
                   .
                
                 
                   XII
                   .
                   Whether
                   Ships
                   refusing
                   to
                   yeild
                   up
                   to
                   such
                   ,
                   life
                   is
                   engaged
                   .
                
                 
                   XIII
                   .
                   Privateers
                   where
                   subject
                   to
                   punishment
                   ,
                   and
                   their
                   actions
                   occasion
                   a
                   forfeiture
                   of
                   their
                   Vessel
                   .
                
                 
                   XIV
                   .
                   Of
                   things
                   not
                   subject
                   to
                   spoil
                   .
                
                 
                   XV.
                   Considerations
                   general
                   on
                   Privateers
                   .
                
              
            
          
           
             1.
             
             NAturally
             every
             one
             may
             vindicate
             his
             own
             right
             ,
             
             therefore
             were
             our
             hands
             given
             us
             :
             but
             to
             profit
             another
             in
             what
             we
             can
             ,
             is
             not
             only
             lawful
             ,
             but
             commendable
             ;
             since
             nothing
             is
             more
             servicerble
             to
             Man
             ,
             then
             Man
             :
             now
             there
             are
             divers
             obligations
             between
             Men
             ,
             which
             engage
             them
             to
             mutual
             aid
             ;
             for
             Kinsmen
             assemble
             and
             bring
             help
             ,
             and
             Neighbors
             are
             call'd
             upon
             ,
             and
             fellow
             Citizens
             ;
             for
             it
             behoves
             every
             one
             either
             to
             take
             armes
             for
             himself
             ,
             if
             he
             hath
             receiv'd
             injury
             ,
             or
             for
             his
             Kindred
             ,
             or
             for
             his
             Benefactors
             ,
             or
             to
             help
             his
             fellows
             ,
             if
             they
             be
             wrong'd
             :
             And
             Solon
             taught
             ,
             
               that
               Common-wealths
               would
               be
               happy
               ,
               wherein
               every
               one
               would
               think
               anothers
               injuries
            
             
             
               to
               be
               his
               own
            
             .
             But
             when
             War
             is
             denounc't
             ,
             it
             matters
             not
             what
             obligations
             are
             wanting
             ,
             it
             is
             enough
             the
             Nation
             is
             
               injur'd
               in
               general
            
             ;
             for
             in
             that
             every
             individual
             is
             wrong'd
             ,
             and
             all
             participate
             in
             the
             indignities
             and
             public
             damages
             of
             his
             Country
             ;
             to
             revenge
             or
             prevent
             which
             ,
             is
             the
             duty
             of
             every
             member
             of
             the
             same
             .
          
           
           
             II.
             Since
             therefore
             it
             is
             not
             against
             the
             
               Law
               of
               nature
            
             to
             spoil
             him
             ,
             whom
             it
             is
             lawful
             to
             kill
             ,
             no
             wonder
             that
             the
             Laws
             of
             Nations
             permitted
             the
             Goods
             and
             Ships
             of
             enemies
             
             to
             be
             spoiled
             ,
             when
             it
             suffered
             their
             Persons
             to
             be
             slain
             .
          
           
             III.
             The
             approbation
             of
             which
             in
             the
             Wars
             of
             later
             Ages
             ,
             hath
             given
             occasion
             to
             Princes
             to
             issue
             forth
             Commissions
             
             to
             endamage
             the
             enemy
             in
             their
             Commerce
             ,
             and
             to
             prevent
             such
             supplyes
             as
             might
             strengthen
             or
             lengthen
             out
             War
             ,
             to
             persons
             to
             whom
             the
             prise
             or
             caption
             become
             absolute
             the
             Captors
             ,
             and
             that
             to
             prevent
             the
             spare
             of
             Ships
             of
             force
             to
             be
             absent
             from
             their
             respectives
             Squadrons
             or
             Fleets
             .
          
           
             By
             those
             of
             Holland
             were
             termed
             Capers
             ,
             by
             the
             Spaniard
             they
             had
             their
             denomination
             ,
             from
             their
             respective
             parts
             ,
             as
             
               Ostenders
               ,
               Dunkirkers
            
             ,
             and
             the
             like
             ,
             in
             England
             call'd
             Privateers
             ;
             how
             far
             the
             actions
             of
             those
             as
             in
             relation
             to
             the
             attacking
             and
             killing
             of
             the
             enemy
             ,
             or
             spoiling
             of
             their
             Ships
             and
             Goods
             are
             lawful
             ,
             not
             being
             commanded
             nor
             hired
             thereto
             ,
             may
             be
             some
             question
             .
          
           
             IV.
             By
             the
             Laws
             of
             Nations
             (
             as
             hath
             been
             said
             )
             it
             is
             lawful
             for
             every
             Subject
             of
             that
             Nation
             in
             War
             ,
             to
             seize
             upon
             the
             enemies
             Goods
             and
             Ships
             ,
             as
             also
             to
             kill
             them
             ;
             for
             they
             are
             after
             War
             denounc't
             by
             Law
             ,
             lookt
             upon
             as
             of
             no
             account
             ,
             and
             if
             respect
             be
             had
             to
             natural
             and
             internal
             right
             ,
             it
             seems
             granted
             to
             every
             one
             in
             a
             just
             War
             ,
             to
             do
             those
             things
             ,
             which
             he
             is
             confident
             within
             the
             just
             measure
             of
             warring
             ,
             be
             advantageous
             to
             the
             innocent
             party
             ;
             but
             though
             there
             may
             be
             such
             authority
             given
             ,
             yet
             what
             tittle
             can
             they
             claim
             or
             appropriate
             to
             themselves
             of
             the
             Ships
             or
             Goods
             of
             enemies
             (
             for
             surely
             there
             is
             nothing
             owing
             to
             such
             ,
             nor
             are
             they
             lawfully
             call'd
             to
             the
             same
             :
             )
             unless
             they
             can
             shrowd
             themselves
             under
             the
             protection
             of
             what
             they
             do
             ,
             is
             only
             to
             exact
             punishment
             from
             the
             enemy
             ,
             by
             the
             Common
             right
             of
             Men.
             
          
           
             V.
             Commissions
             to
             kill
             or
             spoil
             the
             enemy
             ,
             are
             in
             two
             respects
             ;
             either
             General
             or
             Special
             :
             General
             as
             in
             a
             tumult
             ;
             
             among
             the
             Romans
             ,
             the
             Consul
             said
             ,
             
               Whosoever
               would
               have
               the
               Common-wealth
               safe
               ,
               let
               him
               follow
               me
            
             ;
             and
             to
             all
             particular
             Subjects
             is
             sometimes
             granted
             a
             right
             of
             killing
             in
             self-defence
             ,
             when
             it
             is
             publickly
             expedient
             ,
             as
             on
             a
             sudden
             occasion
             ,
             and
             the
             like
             .
          
           
             VI.
             Special
             Commissions
             ,
             be
             such
             as
             are
             granted
             to
             those
             that
             take
             pay
             ,
             and
             are
             under
             Orders
             ;
             the
             not
             obeying
             of
             which
             may
             be
             punished
             with
             death
             ,
             though
             
             the
             act
             succeeds
             well
             .
          
           
             Others
             to
             repair
             a
             particular
             dammage
             by
             way
             of
             Reprise
             ,
             
             the
             original
             dammage
             being
             turn'd
             into
             a
             National
             debt
             ,
             but
             that
             satisfy'd
             the
             other
             determines
             ,
             or
             else
             to
             those
             who
             receive
             no
             pay
             ,
             but
             go
             to
             War
             at
             their
             own
             charge
             ;
             and
             that
             which
             is
             more
             ,
             administer
             at
             their
             own
             ▪
             costs
             a
             part
             of
             the
             War
             ,
             by
             providing
             Ships
             of
             force
             ,
             and
             all
             other
             military
             provisions
             to
             endammage
             the
             enemy
             or
             their
             Confederates
             ,
             the
             which
             are
             termed
             
               Privateers
               ,
               &c.
            
             as
             above
             ,
             to
             whom
             instead
             of
             pay
             is
             granted
             leave
             to
             keep
             what
             they
             can
             take
             from
             the
             enemy
             ;
             and
             though
             such
             Licence
             is
             granted
             them
             ,
             yet
             may
             they
             not
             convert
             of
             their
             own
             head
             to
             their
             private
             use
             those
             prises
             ,
             before
             the
             same
             have
             been
             by
             Law
             adjudged
             lawful
             to
             the
             Captors
             ,
             and
             the
             Admiral
             had
             his
             share
             .
          
           
             VII
             .
             Nor
             may
             such
             Privateers
             artempt
             any
             thing
             against
             the
             Laws
             of
             Nations
             ,
             as
             to
             assault
             or
             endammage
             an
             enemy
             in
             the
             Port
             or
             Heaven
             ,
             under
             the
             protection
             of
             any
             Prince
             or
             Republick
             ,
             be
             he
             Friend
             ,
             Ally
             or
             Neuter
             ,
             for
             the
             peace
             of
             such
             Places
             must
             be
             kept
             inviolably
             .
          
           
             Sir
             
               Kenelme
               Digby
            
             having
             obtain'd
             a
             Commission
             against
             the
             French
             ,
             who
             being
             in
             the
             Streights
             ,
             was
             every
             where
             honoured
             as
             a
             Cavalier
             whom
             the
             King
             of
             
               Great
               Britain
            
             favoured
             ;
             in
             his
             Voyage
             he
             took
             some
             prises
             and
             coming
             to
             Algier
             ,
             redeemed
             several
             Captives
             ,
             whom
             he
             took
             aboard
             ,
             and
             placed
             in
             the
             several
             Vessels
             he
             had
             made
             prise
             of
             ,
             the
             which
             he
             so
             effected
             ,
             that
             in
             a
             short
             time
             he
             became
             Illustrissimo
             of
             six
             Ships
             of
             War
             ;
             coming
             to
             
               Cape
               Congare
            
             ,
             ten
             leagues
             from
             Scanderoone
             ,
             and
             having
             sent
             a
             Boat
             to
             descry
             the
             road
             ,
             word
             being
             brought
             that
             there
             were
             in
             the
             road
             two
             Venetian
             Galeasses
             ,
             with
             two
             other
             Galeons
             ,
             two
             English
             Ships
             ,
             and
             several
             French
             
             Ships
             ;
             Sir
             Kenelme
             being
             satisfy'd
             of
             the
             prise
             ,
             resolved
             to
             attaque
             them
             the
             next
             Morning
             ,
             although
             the
             Admiral
             of
             the
             Venetians
             having
             declared
             himself
             protector
             of
             the
             French
             ,
             and
             that
             he
             would
             destroy
             all
             the
             English
             Ships
             of
             War
             that
             he
             should
             meet
             ,
             either
             in
             that
             Republick
             or
             Grand-Seigniors
             Seas
             .
             Sir
             Kenelme
             notwithstanding
             ,
             resolv'd
             to
             engage
             them
             ,
             and
             accordingly
             bore
             up
             to
             them
             ,
             and
             the
             Venetian
             General
             weighed
             anchor
             to
             meet
             him
             ;
             Sir
             Kenelme
             before
             he
             fired
             ,
             sent
             a
             Satty
             ,
             to
             inform
             the
             Venetian
             of
             his
             Quality
             ,
             and
             of
             his
             Commission
             ,
             
               being
               only
               to
               endeavour
               to
               make
               prise
               of
               the
               French
               ,
            
             
             and
             giving
             him
             all
             the
             assurance
             possible
             of
             his
             friendship
             and
             respect
             to
             the
             Republique
             ;
             but
             before
             the
             Satty
             was
             answer'd
             ,
             the
             engagement
             was
             begun
             by
             the
             
               English
               ,
               French
            
             and
             Venetian
             :
             This
             action
             of
             Sir
             
               Kenelme
               Digby
            
             ,
             was
             question'd
             by
             the
             Turk
             ;
             for
             that
             hostility
             had
             been
             committed
             by
             the
             English
             in
             the
             Grand-Seignior
             road
             ,
             and
             thereupon
             the
             Bassa
             of
             Alleppo
             ,
             and
             Cady
             of
             Scanderoone
             ,
             made
             an
             Avenia
             or
             Embargoe
             on
             the
             English
             Merchants
             ,
             till
             reparation
             was
             made
             ,
             for
             the
             breaking
             the
             peace
             of
             the
             Port.
             
          
           
             VIII
             .
             In
             the
             granting
             of
             such
             private
             Commissions
             ,
             there
             is
             alwaies
             great
             care
             to
             be
             had
             and
             taken
             by
             caution
             ,
             to
             preserve
             the
             leagues
             of
             our
             Allies
             ,
             Neuters
             and
             Friends
             ,
             according
             to
             their
             various
             and
             several
             Treaties
             ;
             and
             therefore
             at
             this
             day
             by
             the
             late
             Treaty
             between
             His
             Majesty
             and
             the
             States
             of
             Holland
             at
             London
             ,
             before
             any
             Privateer
             or
             Caper
             can
             receive
             Commission
             ,
             the
             Commander
             is
             oblidged
             to
             enter
             before
             a
             competent
             Judge
             ,
             good
             and
             sufficient
             security
             by
             able
             and
             responsible
             Men
             ,
             who
             have
             no
             part
             or
             interest
             in
             such
             Ship
             ,
             in
             1500
             
               l.
               Sterling
            
             ,
             or
             15500
             Gilders
             ;
             and
             when
             they
             have
             above
             one
             hundred
             
             and
             fifty
             Men
             ,
             then
             in
             3000
             l.
             or
             33000
             Gilders
             ,
             that
             they
             will
             give
             full
             satisfaction
             for
             any
             dammage
             or
             injuries
             ,
             which
             they
             shall
             commit
             in
             their
             courses
             at
             Sea
             contrary
             to
             that
             Treaty
             ,
             or
             any
             other
             Treaty
             made
             between
             His
             Majesty
             and
             that
             State
             ,
             and
             upon
             pain
             of
             Revocation
             and
             annullity
             of
             their
             Commissions
             ,
             and
             for
             answering
             of
             such
             dammage
             or
             injuries
             ,
             as
             they
             shall
             do
             ,
             the
             Ship
             is
             made
             lyable
             .
          
           
             IX
             .
             If
             a
             Suit
             be
             commenced
             between
             the
             Captor
             of
             a
             Prise
             and
             the
             Claimer
             ,
             and
             there
             is
             a
             Sentence
             or
             a
             
             Decree
             given
             for
             the
             party
             reclaiming
             ;
             such
             Sentence
             or
             
             Decree
             (
             upon
             security
             given
             )
             shall
             be
             put
             in
             execution
             ,
             
             not
             withstanding
             the
             Appeal
             made
             by
             him
             that
             took
             the
             prise
             ,
             which
             shall
             not
             be
             observed
             in
             case
             the
             Sentence
             shall
             be
             given
             against
             the
             Claimers
             ;
             if
             torture
             ,
             cruelty
             or
             barbarous
             usage
             happens
             after
             a
             caption
             to
             be
             done
             to
             the
             persons
             taken
             in
             the
             prise
             ,
             the
             same
             shall
             
               ipso
               facto
            
             discharge
             such
             a
             prise
             ,
             although
             she
             was
             lawful
             ,
             and
             the
             Captains
             shall
             loose
             their
             Commissions
             ,
             and
             both
             they
             and
             the
             offenders
             be
             subjected
             to
             punishment
             .
          
           
             X.
             Such
             sort
             of
             instruments
             having
             made
             a
             caption
             of
             
             Ships
             bound
             for
             an
             enemy
             from
             Nations
             Neuter
             ,
             or
             in
             amity
             with
             both
             the
             warring
             States
             ;
             the
             lading
             in
             order
             to
             be
             made
             prise
             ,
             is
             reduced
             to
             these
             3
             several
             heads
             .
          
           
             First
             ,
             those
             Goods
             that
             are
             fit
             to
             be
             used
             in
             War
             ,
             under
             which
             are
             included
             Powder
             ,
             Shot
             ,
             Guns
             ,
             Pikes
             ,
             Swords
             ,
             and
             all
             other
             instruments
             and
             provisions
             of
             armature
             fit
             to
             be
             used
             in
             the
             Feild
             or
             at
             Sea.
             
          
           
             The
             second
             ,
             are
             those
             things
             that
             may
             be
             used
             in
             time
             of
             War
             and
             out
             of
             War
             ,
             as
             Money
             ,
             Corn
             ,
             Victuals
             ,
             Ships
             ,
             and
             the
             like
             .
          
           
             And
             the
             last
             are
             those
             Goods
             ,
             that
             are
             only
             fit
             for
             luxury
             and
             pleasure
             .
          
           
             XI
             .
             The
             first
             are
             accounted
             prise
             without
             controversy
             ;
             
               He
               is
               to
               be
               accounted
               an
               enemy
               ,
               that
               supplyes
               an
               enemy
               with
               things
               necessary
               for
               the
               War.
               
            
          
           
             The
             second
             is
             to
             be
             governed
             according
             to
             the
             State
             and
             condition
             of
             the
             War
             ;
             for
             if
             a
             Prince
             cannot
             well
             defend
             himself
             ,
             or
             endammage
             the
             enemy
             ,
             without
             intercepting
             
             of
             such
             things
             ,
             necessity
             will
             then
             give
             a
             right
             to
             the
             condemnation
             :
             And
             so
             
               Queen
               Elizabeth
            
             did
             the
             Hansiatique
             Fleet
             taken
             ,
             laden
             with
             Corn
             for
             Lisbon
             ,
             upon
             consideration
             of
             the
             state
             of
             the
             War
             ,
             the
             same
             became
             prise
             .
          
           
             The
             last
             become
             free
             ,
             according
             to
             that
             of
             
               Seneea
               ;
               I
               will
               not
               help
               him
               to
               Money
               to
               pay
               his
               Guards
               ;
               but
               if
               he
               shall
               desire
               Marbles
               and
               Robes
               ,
               such
               things
               hurt
               not
               others
               ,
               only
               they
               minister
               to
               his
               luxury
               :
               Souldiers
               and
               Armes
               I
               will
               not
               supply
               him
               with
               ;
               if
               he
               shall
               seek
               for
               Players
               and
               recreations
            
             
             
               to
               soften
               his
               fierceness
               ,
               I
               will
               gladly
               〈◊〉
               to
               him
               :
               Ships
               of
               War
               I
               would
               not
               send
               him
               ,
               but
               such
               〈◊〉
               for
               pleasure
               and
               ostentation
               of
               Princes
               sporting
               in
               the
               S●…
               ,
               I
               will
               not
               deny
               .
            
          
           
             XII
             .
             If
             a
             Privateer
             take
             a
             Ship
             laden
             wholly
             with
             
             counterband
             Goods
             ,
             both
             Ships
             and
             Goods
             may
             be
             subjected
             ,
             and
             made
             prise
             .
          
           
             But
             if
             part
             be
             prohibited
             Goods
             ,
             and
             the
             other
             part
             are
             not
             prohibited
             ,
             but
             such
             as
             according
             to
             the
             necessity
             of
             the
             War
             shall
             be
             so
             deemed
             ,
             the
             same
             may
             draw
             a
             
             consequential
             condemnation
             of
             Ships
             ,
             as
             well
             as
             lading
             .
          
           
             If
             part
             of
             the
             lading
             are
             prohibited
             ,
             and
             the
             other
             part
             are
             meerly
             luxurious
             and
             for
             pleasure
             ,
             only
             the
             Goods
             prohibited
             become
             prise
             ,
             and
             the
             Ships
             and
             the
             remainder
             become
             free
             ,
             and
             not
             subject
             to
             infection
             .
          
           
             XIII
             .
             If
             such
             Ships
             shall
             be
             attaqued
             in
             order
             to
             an
             
             examination
             ,
             and
             shall
             refuse
             ,
             they
             may
             be
             assaulted
             ,
             like
             a
             house
             supposed
             to
             have
             Theeves
             or
             Pyrats
             in
             it
             ,
             refuses
             to
             yeild
             up
             their
             Persons
             ,
             may
             be
             broke
             up
             by
             the
             Officer
             ,
             and
             the
             Persons
             resisters
             may
             be
             slain
             .
          
           
             XIV
             .
             But
             if
             any
             of
             these
             Privateers
             wilfully
             commit
             any
             spoil
             ,
             depradations
             or
             any
             other
             injuries
             ,
             either
             on
             the
             Ships
             of
             our
             Friends
             or
             Neuters
             ,
             or
             on
             the
             Ships
             or
             Goods
             of
             our
             own
             Subjects
             ,
             they
             will
             notwithstanding
             
             they
             are
             not
             in
             pay
             ,
             be
             subjected
             in
             some
             cases
             to
             death
             and
             other
             punishments
             ,
             according
             to
             the
             demerits
             of
             their
             crimes
             ,
             and
             perhaps
             may
             subject
             their
             Vessel
             to
             forfeiture
             .
          
           
             And
             though
             by
             the
             Law
             of
             Nature
             the
             Goods
             of
             enemies
             are
             to
             be
             spoiled
             as
             well
             as
             their
             Persons
             slain
             ,
             yet
             some
             Goods
             and
             things
             seem
             exempted
             ,
             and
             ought
             not
             to
             be
             spoiled
             ,
             and
             therefore
             it
             is
             not
             lawful
             to
             land
             on
             the
             territories
             of
             our
             enemies
             to
             spoil
             places
             dedicated
             to
             God
             :
             
             though
             Pomponius
             observes
             ,
             when
             Places
             are
             taken
             by
             
             the
             enemy
             ,
             all
             things
             cease
             to
             be
             Sacred
             ,
             the
             reason
             given
             is
             ,
             because
             the
             things
             which
             are
             call●…d
             sacred
             ,
             yet
             are
             they
             not
             indeed
             exempted
             from
             humane
             uses
             ,
             but
             are
             publique
             .
             
               The
               Townsmen
            
             ,
             saith
             Tacitus
             ,
             
               opening
               their
               gates
               ,
               submitted
               themselves
               and
               all
               they
               had
               to
               the
               Romanes
               ,
            
             
             
               themselves
               ,
               were
               spared
               ,
               the
               Town
               was
               fired
               ,
               Pompey
               entered
               the
               Temple
               by
               the
               right
               of
               Victory
               ,
               not
               as
               a
               suppliant
               ,
               but
               as
               a
               Conqueror
               :
            
             and
             though
             that
             priviledge
             may
             seem
             right
             by
             the
             Law
             of
             War
             to
             a
             Soveraign
             ,
             or
             a
             General
             ,
             that
             intends
             a
             Conquest
             ,
             yet
             that
             power
             may
             not
             seem
             devolved
             to
             him
             ,
             whose
             Commission
             is
             cautionally
             to
             endammage
             the
             enemy
             only
             ,
             as
             in
             reference
             to
             his
             commerce
             and
             provisions
             of
             enabling
             them
             to
             withstand
             the
             War
             :
             Certainly
             ,
             that
             conquest
             is
             poor
             ,
             whose
             Trophies
             and
             Triumphs
             are
             made
             up
             with
             Roofs
             ,
             Pillars
             ,
             Posts
             ,
             Pulpits
             and
             Pews
             ,
             and
             the
             spoil
             of
             Agriculture
             .
             Hence
             it
             is
             that
             at
             this
             day
             ,
             the
             King
             of
             France
             in
             Germany
             and
             Holland
             ,
             accepts
             of
             Contributions
             ,
             by
             which
             the
             Cities
             and
             Churches
             are
             not
             olny
             spared
             ;
             but
             even
             the
             Country-men
             plough
             and
             sow
             as
             quietly
             as
             if
             there
             were
             no
             Armies
             in
             their
             Territories
             at
             all
             .
          
           
             XV.
             Most
             certain
             ,
             those
             sorts
             of
             Capers
             or
             Privateers
             ,
             being
             Instruments
             found
             out
             but
             of
             latter
             Ages
             ,
             and
             it
             s
             well
             known
             by
             whom
             it
             were
             well
             they
             were
             restrained
             by
             consent
             of
             all
             Princes
             ;
             since
             all
             good
             Men
             account
             them
             ,
             but
             one
             remove
             from
             a
             Pyrat
             who
             without
             any
             respect
             to
             the
             cause
             ,
             or
             having
             any
             injury
             done
             them
             ,
             or
             so
             much
             as
             hired
             for
             the
             service
             spoil
             Men
             and
             Goods
             ,
             making
             even
             a
             trade
             and
             calling
             of
             it
             ,
             a
             midst
             the
             calamities
             of
             a
             War.
             and
             driving
             a
             commerce
             and
             mart
             with
             the
             spoil
             ,
             and
             that
             with
             as
             much
             peace
             and
             content
             ,
             as
             if
             they
             had
             never
             heard
             of
             tears
             ,
             blood
             ,
             wounds
             or
             death
             ,
             or
             any
             such
             thing
             :
             such
             to
             expose
             their
             lives
             against
             Ships
             of
             the
             like
             kind
             ,
             were
             both
             honourable
             and
             just
             ,
             or
             those
             
             that
             should
             aid
             the
             enemy
             with
             Goodsprohibited
             as
             afore
             ,
             such
             prises
             were
             possessions
             most
             noble
             ;
             but
             the
             Goods
             ,
             Ships
             and
             lives
             of
             the
             innocent
             peaceable
             traders
             to
             be
             exposed
             to
             rapine
             and
             spoil
             ,
             renders
             them
             worse
             then
             the
             Roman
             Lictors
             ,
             by
             how
             much
             't
             is
             to
             kill
             without
             cause
             ,
             Heads
             Men
             executing
             the
             guilty
             ,
             they
             the
             guiltless
             .
          
           
             It
             was
             a
             high
             necessity
             that
             enforced
             the
             English
             to
             commissionate
             such
             ,
             the
             number
             of
             her
             then
             enemies
             ,
             covering
             the
             Sea
             ,
             like
             the
             Aegyptian
             locusts
             ;
             it
             were
             well
             they
             were
             rejected
             by
             consent
             ,
             or
             if
             allow'd
             off
             ,
             not
             subject
             to
             Quarter
             ,
             when
             taken
             by
             Ships
             of
             War
             :
             A
             trade
             that
             St.
             Paul
             never
             heard
             of
             ,
             when
             he
             said
             ,
             
               Who
               goeth
               to
               War
               at
               his
               own
               charge
               ?
            
             
          
        
         
           
           
             CHAP.
             IV.
             
               Of
               Pyracy
            
             .
          
           
             
               
                 
                   I.
                   Pyrats
                   what
                   ?
                
                 
                   II.
                   Of
                   the
                   duty
                   incumbent
                   on
                   Princes
                   and
                   States
                   ,
                   as
                   in
                   reference
                   to
                   such
                   ,
                   and
                   whether
                   lyable
                   for
                   the
                   dammages
                   they
                   commit
                   .
                
                 
                   III.
                   Pyrats
                   where
                   they
                   hold
                   a
                   so
                   ciety
                   ,
                   how
                   the
                   is
                   same
                   esteemed
                   in
                   Law
                   ,
                   and
                   of
                   equality
                   held
                   by
                   them
                   .
                
                 
                   IV.
                   Where
                   such
                   may
                   obtain
                   the
                   right
                   of
                   legation
                   .
                
                 
                   V.
                   Ships
                   where
                   lyable
                   for
                   the
                   redemption
                   of
                   the
                   Master
                   ,
                   who
                   remains
                   as
                   a
                   pledge
                   for
                   the
                   freedom
                   of
                   the
                   Ship
                   and
                   lading
                   ,
                   and
                   where
                   not
                   .
                
                 
                   VI.
                   An
                   oath
                   given
                   for
                   the
                   discharge
                   of
                   a
                   Ship
                   from
                   Pyrats
                   to
                   pay
                   them
                   a
                   summe
                   ,
                   whether
                   the
                   same
                   ought
                   to
                   be
                   performed
                   .
                
                 
                   VII
                   .
                   Forraigners
                   spoiled
                   by
                   English
                   Pyrats
                   may
                   ,
                   p●…rsue
                   for
                   Justice
                   ,
                   within
                   the
                   Stat.
                   of
                   28
                   H.
                   8.
                   
                
                 
                   VIII
                   .
                   Where
                   the
                   subjects
                   of
                   a
                   Forraign
                   Nation
                   committing
                   Pyracy
                   may
                   be
                   punished
                   for
                   the
                   same
                   .
                   and
                   ,
                
                 
                   IX
                   .
                   Pyracy
                   committed
                   by
                   the
                   subjects
                   of
                   a
                   Nation
                   in
                   enmity
                   with
                   the
                   Crown
                   of
                   England
                   ,
                   whether
                   the
                   same
                   is
                   Pyracy
                   ,
                   or
                   otherwise
                   punishable
                   .
                
                 
                   X.
                   Pyracy
                   committed
                   in
                   the
                   British
                   Seas
                   ,
                   properly
                   punishable
                   by
                   the
                   Crown
                   of
                   England
                   ,
                   and
                   not
                   otherwise
                   .
                
                 
                   XI
                   .
                   Pyracy
                   committed
                   on
                   the
                   Ocean
                   where
                   the
                   Pyrats
                   may
                   be
                   executed
                   by
                   the
                   Laws
                   of
                   Nature
                   .
                
                 
                   XII
                   .
                   Pyrats
                   overcome
                   in
                   the
                   attempt
                   ,
                   where
                   the
                   Captors
                   may
                   execute
                   them
                   without
                   any
                   Tryall
                   or
                   Judgement
                   .
                
                 
                   XIII
                   .
                   Pyrats
                   attempting
                   ,
                   to
                   rob
                   commit
                   a
                   murder
                   ,
                   whether
                   all
                   are
                   principal
                   ,
                   or
                   only
                   the
                   slayer
                   ,
                   and
                   the
                   rest
                   accessories
                   .
                
                 
                   XIV
                   .
                   If
                   the
                   subjects
                   of
                   one
                   Forraign
                   Nation
                   rob
                   another
                   ,
                   and
                   bring
                   the
                   booty
                   into
                   England
                   ,
                   whether
                   the
                   party
                   injured
                   may
                   proceed
                   Criminaliter
                   for
                   punishment
                   ,
                   and
                   Civiliter
                   for
                   restitution
                   .
                
                 
                   XV.
                   Pyrat
                   takes
                   only
                   Men
                   ;
                   and
                   no
                   part
                   of
                   the
                   lading
                   ,
                   whether
                   the
                   same
                   be
                   Pyracy
                   .
                
                 
                   XVI
                   .
                   Where
                   a
                   Master
                   may
                   commit
                   Pyracy
                   of
                   those
                   things
                   that
                   are
                   committed
                   to
                   his
                   charge
                   ,
                   and
                   where
                   otherwise
                   .
                
                 
                   XVII
                   .
                   Where
                   Pyracy
                   may
                   be
                   ,
                   though
                   there
                   be
                   nothing
                   taken
                   ;
                   and
                   where
                   Goods
                   are
                   taken
                   out
                   of
                   a
                   Ship
                   ,
                   and
                   no
                   body
                   in
                   it
                   .
                
                 
                   XVIII
                   .
                   The
                   Captain
                   and
                   Crew
                   of
                   a
                   Vessel
                   ,
                   that
                   have
                   a
                   Commission
                   of
                   reprise
                   commit
                   Pyracy
                   ,
                   whether
                   he
                   that
                   procured
                   the
                   same
                   and
                   imployed
                   them
                   ,
                   ought
                   to
                   answer
                   the
                   damage
                   .
                
                 
                   XIX
                   .
                   Of
                   Goods
                   taken
                   and
                   retaken
                   by
                   a
                   Friend
                   ,
                   whether
                   the
                   property
                   of
                   the
                   prise
                   is
                   altered
                   .
                
                 
                   XX.
                   Of
                   Restitution
                   made
                   of
                   Goods
                   taken
                   and
                   retaken
                   from
                   a
                   Pyrat
                   ,
                   by
                   the
                   Law
                   Maritime
                   .
                
                 
                   XXI
                   .
                   Of
                   Restitution
                   frustrated
                   by
                   the
                   Common
                   Law.
                   
                
                 
                   XXII
                   .
                   Of
                   Pyracy
                   as
                   in
                   reference
                   to
                   matterscriminal
                   ,
                   and
                   how
                   punishable
                   this
                   day
                   by
                   the
                   Laws
                   in
                   England
                   .
                
                 
                   XXIII
                   .
                   How
                   the
                   Stat.
                   of
                   28
                   H.
                   8.
                   operates
                   ,
                   as
                   in
                   reference
                   to
                   Pyracies
                   .
                
                 
                   XXIV
                   .
                   Whether
                   depradation
                   in
                   
                   Ports
                   within
                   the
                   Realm
                   .
                   remains
                   Robbery
                   at
                   the
                   Common
                   Law
                   ,
                   or
                   Pyracy
                   by
                   the
                   Law
                   Maritime
                   .
                
                 
                   XXV
                   .
                   Where
                   benefit
                   of
                   Clergy
                   is
                   allowable
                   to
                   Pyrats
                   ,
                   and
                   where
                   not
                   ;
                   and
                   whether
                   by
                   the
                   pardon
                   of
                   all
                   selonies
                   ,
                   Pyracy
                   is
                   included
                   .
                
                 
                   XXVI
                   .
                   Whether
                   attainder
                   for
                   Pyracy
                   works
                   a
                   corruption
                   of
                   Blood
                   ,
                   and
                   forfieture
                   of
                   Lands
                   .
                
                 
                   XXVII
                   .
                   Goods
                   taken
                   at
                   Sea
                   and
                   brought
                   to
                   Land
                   ,
                   the
                   parties
                   may
                   be
                   indicted
                   upon
                   the
                   Stat.
                   of
                   .
                   28
                   H.
                   8.
                   cap.
                   15.
                   
                
                 
                   XXVIII
                   .
                   Where
                   the
                   Admiralty
                   claiming
                   with
                   an
                   original
                   or
                   a
                   concurrent
                   Jurisdiction
                   ,
                   the
                   Common
                   Law
                   will
                   not
                   intermeddle
                   .
                
                 
                   XXIX
                   .
                   How
                   satisfaction
                   of
                   old
                   was
                   repaired
                   to
                   persons
                   robbed
                   ,
                   and
                   how
                   the
                   offenders
                   were
                   punished
                   .
                
              
            
          
           
             I.
             A
             Pyrat
             is
             a
             Sea
             Thief
             ,
             or
             
               Hostis
               humani
               generis
            
             ,
             who
             for
             to
             enrich
             himself
             ,
             either
             by
             surprise
             or
             open
             force
             ,
             sets
             upon
             Merchants
             and
             others
             trading
             by
             Sea
             ,
             ever
             spoiling
             their
             lading
             ,
             if
             by
             any
             possibility
             they
             can
             get
             the
             mastery
             ,
             sometimes
             bereaving
             them
             of
             their
             lives
             ,
             and
             sinking
             of
             their
             Ships
             ;
             the
             actors
             wherein
             Tully
             calls
             Enemies
             to
             all
             ,
             with
             whom
             neither
             Faith
             nor
             Oath
             is
             to
             be
             kept
             .
          
           
             II.
             By
             the
             Laws
             of
             Nature
             Princes
             and
             States
             are
             responsible
             for
             their
             neglect
             ,
             if
             they
             do
             not
             provide
             Ships
             of
             War
             and
             other
             remedies
             for
             the
             restraining
             of
             these
             sort
             of
             Robbers
             ;
             but
             how
             far
             they
             are
             bound
             either
             by
             the
             
               Civil
               Law
            
             or
             
               Common
               Law
            
             of
             this
             Kingdom
             ,
             may
             be
             some
             question
             :
             for
             it
             is
             agreed
             they
             are
             not
             the
             cause
             of
             the
             unjust
             spoil
             that
             is
             committed
             by
             them
             ,
             nor
             do
             they
             partake
             in
             any
             part
             ▪
             of
             the
             plunder
             ;
             but
             if
             a
             Prince
             or
             State
             should
             send
             forth
             
               Ships
               of
               War
            
             or
             Commissions
             for
             
             reprise
             ,
             and
             those
             instead
             of
             taking
             prises
             from
             the
             Enemy
             ,
             turn
             Pyrats
             ,
             and
             spoil
             the
             subjects
             of
             other
             Friends
             ;
             there
             has
             been
             some
             doubt
             ,
             whether
             they
             ought
             not
             to
             make
             satisfaction
             to
             the
             parties
             injured
             ,
             in
             case
             the
             offenders
             should
             prove
             unable
             :
             surely
             there
             is
             no
             more
             reason
             for
             this
             latter
             then
             the
             first
             ;
             for
             seeing
             Princes
             and
             States
             may
             give
             all
             their
             subjects
             power
             to
             spoil
             the
             Enemy
             ;
             nor
             is
             such
             a
             Permission
             any
             cause
             why
             dammage
             was
             done
             to
             our
             Friends
             ,
             when
             even
             private
             Men
             without
             any
             such
             Permission
             ,
             might
             send
             forth
             
               Ships
               of
               War
            
             ;
             besides
             
             it
             is
             impossible
             that
             Princes
             or
             States
             should
             foresee
             ,
             whether
             they
             would
             prove
             such
             or
             not
             ;
             nor
             can
             it
             be
             avoided
             ,
             but
             we
             must
             imploy
             such
             ,
             otherwise
             no
             
             Army
             or
             Fleet
             could
             be
             prepared
             ;
             neither
             are
             Kings
             to
             be
             
             accused
             if
             their
             Souldiers
             or
             Mariners
             wrong
             their
             Confederates
             ,
             contrary
             to
             their
             commands
             ,
             though
             they
             are
             oblidged
             to
             punish
             and
             yeild
             up
             the
             offenders
             ,
             and
             to
             see
             that
             legal
             reparation
             be
             made
             out
             of
             the
             Estate
             of
             the
             Pyrats
             :
             If
             
               Letters
               of
               Marque
            
             or
             Reprizal
             be
             granted
             out
             to
             a
             Merchant
             ,
             and
             he
             furnishes
             out
             a
             Ship
             with
             a
             Captain
             and
             Mariners
             ,
             and
             they
             instead
             of
             taking
             the
             Goods
             or
             Ships
             of
             that
             Nation
             against
             whom
             their
             Commission
             is
             awarded
             ,
             take
             the
             Ship
             and
             Goods
             of
             a
             Friend
             ,
             this
             is
             Pyracy
             ;
             and
             if
             the
             Ships
             arrive
             in
             *
             England
             ,
             or
             in
             any
             other
             of
             His
             Majesties
             Dominions
             ,
             the
             same
             shall
             be
             seized
             ,
             and
             the
             owners
             for
             ever
             loose
             their
             Vessel
             .
             †
          
           
             From
             hence
             it
             is
             ,
             that
             Princes
             and
             States
             are
             very
             cautious
             upon
             this
             we
             call
             
               Jure
               Belli
               privati
            
             ,
             how
             they
             engage
             themselves
             ,
             or
             those
             who
             seek
             reparation
             for
             wrongs
             before
             received
             ;
             for
             the
             person
             injured
             governs
             not
             the
             action
             ,
             but
             devolves
             the
             power
             to
             some
             other
             hired
             for
             that
             particular
             use
             ,
             whose
             Law
             is
             no
             more
             then
             this
             ,
             
               There
               is
               most
               right
               where
               is
               most
               pay
               or
               prize
               :
            
             Unhappy
             state
             of
             Man
             ,
             whose
             support
             and
             living
             is
             maintained
             only
             by
             exposing
             himself
             to
             death
             ,
             a
             Calling
             that
             nothing
             can
             make
             it
             honest
             ,
             but
             the
             highest
             necessity
             or
             pious
             charity
             .
             And
             therefore
             those
             that
             issue
             forth
             such
             sort
             of
             Commissions
             ,
             generally
             take
             caution
             for
             their
             returning
             within
             a
             convenient
             time
             ,
             and
             not
             to
             wander
             in
             that
             unhappy
             condition
             .
          
           
             III.
             Though
             Pyrats
             are
             called
             enemies
             ,
             yet
             are
             they
             not
             properly
             so
             termed
             :
             For
             he
             is
             an
             enemy
             ,
             saies
             Cicero
             ,
             who
             hath
             a
             
               Common-wealth
               ,
               a
               Court
               ,
               a
               Treasury
               ,
               consent
            
             
             
               and
               concord
               of
               Citizens
               ,
               and
               some
               way
               ,
               if
               occasion
               be
               of
               Peace
               and
               League
            
             ;
             and
             therefore
             a
             Company
             of
             Pyrats
             or
             Freebooters
             are
             not
             a
             Common-wealth
             ,
             though
             perhaps
             they
             may
             keep
             a
             kind
             of
             equallity
             among
             themselves
             ,
             without
             which
             no
             Company
             is
             able
             to
             consist
             ;
             and
             though
             
             it
             is
             seldom
             they
             are
             without
             fault
             ,
             yet
             hold
             society
             to
             maintain
             right
             ,
             and
             they
             do
             right
             to
             others
             ,
             if
             not
             in
             all
             things
             according
             to
             the
             
               Law
               of
               Nature
            
             (
             which
             among
             
             many
             people
             is
             in
             part
             obliterated
             )
             at
             least
             according
             to
             agreements
             made
             with
             many
             other
             Nations
             ;
             or
             according
             to
             Custom
             :
             So
             the
             Greecks
             at
             what
             time
             it
             was
             accounted
             lawful
             to
             take
             spoil
             at
             Sea
             ,
             abstained
             from
             slaughter
             ,
             and
             populations
             ,
             and
             from
             stealing
             Oxen
             that
             plowed
             ,
             as
             the
             Scholiast
             upon
             Thucydides
             observes
             ,
             and
             other
             Nations
             living
             also
             upon
             the
             spoil
             when
             they
             were
             come
             home
             from
             Sea
             ,
             sent
             unto
             the
             Owners
             to
             redeem
             (
             if
             they
             pleased
             at
             an
             equal
             rate
             )
             what
             they
             were
             robbed
             of
             at
             Sea
             ,
             and
             at
             this
             day
             if
             a
             Ship
             hath
             the
             Emperor
             of
             Barbarys
             protection
             ,
             the
             Pyrats
             of
             that
             Nation
             (
             if
             they
             seize
             )
             will
             restore
             ,
             and
             if
             there
             be
             no
             protection
             ,
             yet
             if
             taken
             within
             sight
             of
             their
             Castles
             ,
             the
             Prize
             is
             not
             absolute
             ;
             but
             if
             resistance
             is
             made
             ,
             and
             there
             be
             a
             Caption
             ,
             she
             then
             becomes
             the
             Captors
             for
             ever
             ;
             
               as
               the
               price
               of
               blood
            
             .
          
           
             IV.
             Pyrats
             and
             Robbers
             that
             make
             not
             a
             Society
             ,
             
               i.
               e.
            
             such
             a
             Society
             as
             the
             Laws
             of
             Nations
             accounts
             lawful
             ,
             are
             not
             to
             have
             any
             succour
             by
             the
             Law
             of
             Nations
             .
             Tiberius
             ,
             when
             Tacfarinas
             had
             sent
             Legates
             to
             him
             ,
             he
             was
             displeased
             that
             both
             a
             Traytor
             and
             a
             Pyrat
             should
             use
             the
             manner
             of
             an
             Enemy
             ,
             as
             Tacitus
             hath
             it
             ;
             yet
             sometimes
             such
             
             Men
             (
             Faith
             being
             given
             them
             ,
             )
             obtain
             the
             right
             of
             Legation
             as
             the
             Fugitives
             in
             the
             Pyrenean
             Forrest
             ,
             and
             the
             Banditi
             at
             Naples
             ,
             and
             Solyman
             the
             Magnificent
             ,
             having
             entertained
             Barbarossa
             the
             famous
             Pyrat
             ,
             sent
             word
             to
             the
             
             Venetians
             ,
             that
             they
             should
             use
             him
             and
             esteem
             him
             no
             more
             as
             a
             Pyrat
             ,
             but
             one
             of
             their
             own
             Port.
             
          
           
             V.
             If
             a
             Ship
             is
             assaulted
             by
             a
             Pyrat
             ,
             for
             redemption
             of
             which
             the
             Master
             becomes
             a
             Slave
             to
             the
             Captors
             ,
             by
             the
             Law
             Maritime
             the
             Ship
             and
             lading
             are
             tacitly
             oblidged
             
             for
             his
             redemption
             ,
             by
             a
             general
             contribution
             .
          
           
             But
             if
             a
             Pyrat
             shall
             feign
             himself
             stronded
             ,
             and
             to
             duccoy
             the
             Merchant
             Man
             for
             his
             releif
             ,
             shall
             fire
             his
             Guns
             ,
             or
             wave
             his
             Colours
             ,
             who
             accordingly
             varies
             his
             course
             for
             his
             assistance
             ,
             and
             the
             Pyrat
             enters
             him
             ,
             for
             redemption
             of
             which
             he
             becomes
             a
             Slave
             to
             the
             Pyrat
             ,
             there
             contribution
             shall
             not
             be
             made
             ,
             and
             if
             the
             Ship
             loses
             any
             of
             her
             lading
             ,
             the
             Master
             shall
             answer
             the
             same
             .
          
           
             VI.
             A
             Pyrat
             attacques
             a
             Merchant
             Man
             ,
             and
             enters
             her
             ,
             for
             Redemption
             of
             which
             the
             Master
             gives
             his
             Oath
             ,
             at
             a
             time
             and
             place
             to
             pay
             the
             Pyrat
             a
             summe
             certain
             ;
             by
             some
             it
             hath
             been
             held
             ,
             that
             the
             Master
             commits
             not
             
             perjury
             ,
             if
             the
             price
             promised
             for
             redemption
             be
             not
             brought
             according
             to
             the
             Oath
             ,
             because
             that
             a
             Pyrat
             is
             
             not
             a
             determinate
             ,
             but
             a
             common
             Enemy
             of
             all
             ,
             with
             whom
             neither
             Faith
             nor
             Oath
             is
             to
             be
             kept
             ,
             but
             that
             is
             no
             reason
             for
             the
             assoiling
             of
             the
             vow
             :
             for
             though
             the
             Person
             be
             deficient
             ,
             yet
             the
             Just
             God
             is
             concerned
             ;
             nor
             can
             that
             Person
             that
             hath
             promised
             a
             thing
             ,
             satisfy
             his
             conscience
             after
             he
             hath
             once
             delivered
             it
             to
             him
             ,
             to
             recover
             it
             back
             again
             ;
             for
             the
             words
             in
             an
             Oath
             ,
             as
             to
             God
             ,
             are
             to
             be
             understood
             most
             simply
             ,
             and
             with
             effect
             ;
             and
             therefore
             he
             that
             returned
             secretly
             to
             the
             Enemy
             ,
             and
             again
             departed
             ,
             made
             not
             good
             his
             Oath
             concerning
             his
             return
             .
          
           
             VII
             .
             If
             an
             
               English
               Man
            
             commit
             Pyracy
             ,
             be
             it
             upon
             the
             Subject
             of
             any
             Prince
             or
             Republique
             in
             amity
             with
             the
             Crown
             of
             England
             ,
             they
             are
             within
             the
             purview
             of
             the
             Stat.
             of
             28
             H.
             8
             and
             so
             it
             was
             held
             where
             one
             Winterson
             ,
             
             Smith
             and
             others
             had
             robbed
             a
             Ship
             of
             one
             
               Maturine
               Gantier
            
             ,
             belonging
             to
             Bourdeaux
             ,
             and
             bound
             from
             thence
             with
             French
             Wines
             for
             England
             ,
             and
             that
             the
             same
             was
             felony
             by
             the
             Law
             Maritime
             ,
             and
             the
             Parties
             were
             convicted
             of
             the
             same
             .
          
           
             VIII
             .
             And
             so
             it
             is
             if
             the
             Subject
             of
             any
             other
             Nation
             or
             Kingdom
             ,
             being
             in
             amity
             with
             the
             King
             of
             England
             ,
             commit
             Pyracy
             on
             the
             Ships
             or
             Goods
             of
             the
             English
             ,
             the
             same
             is
             felony
             ,
             and
             punishable
             by
             virtute
             of
             the
             Stat.
             and
             so
             it
             was
             adjudged
             ,
             where
             one
             Careless
             Captain
             of
             a
             
               French
               Man
            
             of
             War
             of
             about
             40
             Tuns
             and
             divers
             others
             ,
             did
             set
             upon
             four
             Merchant
             Men
             going
             from
             the
             Port
             of
             Bristoll
             to
             Carmarthen
             ,
             did
             rob
             them
             of
             about
             1000
             l.
             
             for
             which
             he
             and
             the
             rest
             were
             arraigned
             ,
             and
             found
             guilty
             of
             the
             Pyracy
             .
          
           
             But
             before
             the
             Stat.
             of
             25
             Ed.
             3.
             if
             the
             Subjects
             of
             a
             
             Forreign
             Nation
             and
             some
             English
             had
             joyned
             together
             ,
             and
             had
             committed
             Pyracy
             ,
             it
             had
             been
             Treason
             in
             the
             English
             ,
             and
             felony
             in
             the
             Forreigners
             :
             And
             so
             it
             was
             said
             by
             Shard
             ,
             where
             a
             Norman
             being
             Commander
             of
             a
             Ship
             ,
             had
             together
             with
             some
             English
             committed
             robberies
             on
             the
             Sea
             ,
             being
             taken
             ,
             were
             arraigned
             and
             found
             guilty
             ;
             the
             Norman
             of
             felony
             ,
             and
             the
             English
             of
             treason
             ,
             who
             accordingly
             were
             drawn
             and
             hang'd
             .
          
           
           
             But
             now
             at
             this
             day
             they
             both
             receive
             Judgement
             as
             felons
             ,
             by
             the
             Laws
             Maritime
             .
          
           
             IX
             .
             If
             the
             Subjects
             in
             enemity
             with
             the
             Crown
             of
             England
             be
             Sailers
             aboard
             an
             English
             Pyrat
             with
             other
             English
             ,
             and
             then
             a
             robbery
             is
             committed
             by
             them
             ,
             and
             afterwards
             are
             taken
             ,
             it
             is
             felony
             without
             controversy
             in
             the
             English
             ,
             but
             not
             in
             the
             Strangers
             ;
             for
             they
             cannot
             be
             tryed
             by
             virtue
             of
             the
             Commission
             upon
             the
             Statut
             ,
             for
             it
             was
             no
             pyracy
             in
             them
             ,
             but
             the
             deprdeation
             of
             an
             Enemy
             ,
             for
             which
             they
             shall
             receive
             a
             tryal
             by
             Martial
             Law
             ,
             and
             Judgement
             accordingly
             .
          
           
             X.
             Pyracy
             committed
             by
             the
             Subjects
             of
             the
             French
             King
             
             or
             of
             any
             other
             Prince
             or
             Republique
             ,
             in
             amity
             with
             the
             Crown
             of
             England
             upon
             the
             British
             Seas
             ,
             are
             punishable
             properly
             by
             the
             Crown
             of
             England
             only
             ,
             for
             the
             Kings
             of
             the
             same
             have
             
               istud
               regimen
               dominium
               exclusive
            
             ,
             of
             the
             Kings
             of
             France
             ,
             and
             all
             other
             Princes
             and
             States
             whatsoever
             .
          
           
             XI
             .
             If
             Pyracy
             be
             committed
             on
             the
             Ocean
             ,
             and
             the
             Pyrats
             in
             the
             attempt
             there
             happen
             to
             be
             overcome
             ,
             the
             Captors
             
             are
             not
             oblidged
             to
             bring
             them
             to
             any
             Port
             ,
             but
             may
             exoppose
             them
             immediately
             to
             punishment
             ,
             by
             hanging
             them
             up
             at
             the
             main
             yard
             end
             before
             a
             departure
             ;
             for
             the
             old
             natural
             liberty
             remains
             in
             places
             where
             are
             no
             judgements
             .
          
           
             And
             therefore
             at
             this
             day
             ,
             if
             a
             Ship
             shall
             be
             in
             on
             a
             Voyage
             to
             the
             West-Indies
             ,
             or
             on
             a
             Discovery
             of
             those
             parts
             of
             the
             unknown
             World
             ,
             and
             in
             her
             way
             be
             assaulted
             by
             a
             Pyrat
             ,
             but
             in
             the
             attempt
             overcomes
             the
             Pyrat
             ,
             by
             the
             Laws
             Maritime
             the
             Vessel
             is
             become
             the
             Captors
             ;
             and
             they
             may
             execute
             such
             Beasts
             of
             prey
             immediately
             ,
             withhout
             any
             solemnity
             of
             condemnation
             .
          
           
             XII
             .
             So
             likewise
             ,
             if
             a
             Ship
             shall
             be
             assaulted
             by
             Pyrats
             ,
             
             and
             in
             the
             attempt
             the
             Pyrats
             shall
             be
             overcome
             ,
             if
             the
             Captors
             bring
             them
             to
             the
             next
             Port
             ,
             and
             the
             Judge
             openly
             rejects
             the
             Tryal
             ,
             or
             the
             Captors
             cannot
             wait
             for
             the
             Judge
             without
             certain
             peril
             and
             losse
             ,
             Justice
             may
             be
             
             done
             upon
             them
             by
             the
             Law
             of
             Nature
             ,
             and
             the
             same
             may
             be
             there
             executed
             by
             the
             Captors
             .
          
           
           
             
               Cajus
               Caesar
            
             being
             but
             a
             Private
             Man
             ,
             pursued
             the
             Pyrats
             ,
             by
             whom
             he
             formerly
             had
             been
             taken
             and
             spoiled
             by
             them
             ,
             and
             making
             up
             to
             them
             with
             such
             a
             Fleet
             as
             he
             possible
             in
             haste
             could
             get
             ready
             ,
             attaqued
             ,
             burnt
             and
             destroyed
             their
             Ships
             ,
             and
             the
             Men
             he
             brought
             back
             to
             an
             Anchor
             ,
             where
             repairing
             to
             the
             Proconsul
             ,
             to
             do
             Justice
             ,
             
             who
             neglecting
             ,
             himself
             returned
             back
             ,
             and
             there
             hang'd
             them
             up
             .
          
           
             XIII
             .
             If
             a
             Pyrat
             at
             Sea
             assault
             a
             Ship
             ,
             but
             by
             force
             is
             
             prevented
             entering
             her
             ,
             and
             in
             the
             attempt
             the
             Pyrat
             happens
             to
             slay
             a
             Person
             in
             the
             other
             Ship
             ,
             they
             are
             all
             principalls
             in
             such
             a
             murder
             ,
             if
             the
             Common
             Law
             hath
             Jurisdiction
             of
             the
             cause
             :
             but
             by
             the
             Law
             Maritime
             ,
             if
             the
             Parties
             are
             known
             ,
             they
             who
             gave
             the
             wound
             only
             shall
             be
             principalls
             ,
             and
             the
             rest
             accessories
             ;
             and
             where
             they
             have
             cognizance
             of
             the
             principal
             ,
             the
             Courts
             at
             Common
             Law
             will
             send
             them
             their
             accessory
             ,
             if
             he
             comes
             before
             them
             .
          
           
             XIV
             .
             If
             a
             Spaniard
             robs
             a
             
               French
               Man
            
             on
             the
             High
             
             Sea
             ,
             both
             their
             Princes
             being
             then
             in
             Amity
             ,
             and
             they
             likewise
             with
             the
             King
             of
             England
             ,
             and
             the
             Ship
             is
             brought
             into
             the
             Ports
             of
             the
             King
             of
             England
             ,
             the
             
               French
               Man
            
             may
             proceed
             criminaliter
             against
             the
             Spaniard
             to
             punish
             him
             ,
             and
             civiliter
             to
             have
             Restitution
             of
             his
             Vessel
             :
             but
             if
             the
             Vessel
             is
             carryed
             
               intra
               Praesidia
            
             †
             of
             that
             Prince
             ,
             by
             whose
             Subject
             the
             same
             was
             taken
             ,
             there
             can
             be
             no
             proceeding
             civiliter
             ,
             and
             doubted
             if
             criminaliter
             ;
             but
             the
             
               French
               Man
            
             *
             must
             resort
             into
             the
             Captor
             or
             Pyrats
             own
             Country
             ,
             or
             where
             he
             carried
             the
             Ships
             ,
             and
             there
             proceed
             .
          
           
             A
             
               Dutch
               Man
            
             ,
             but
             Naturalized
             by
             the
             Duke
             of
             Savoy
             ,
             and
             living
             at
             
               Villa
               Franca
            
             in
             his
             Dominions
             ,
             procures
             a
             Commission
             from
             the
             States
             of
             Holland
             ,
             and
             coming
             to
             Leighorn
             ,
             there
             rid
             with
             the
             Colours
             and
             Ensigns
             of
             the
             Duke
             of
             Savoy
             ,
             the
             Ship
             Dyamond
             being
             then
             in
             Port
             ,
             and
             having
             received
             her
             lading
             ,
             was
             afterwards
             in
             her
             Voyage
             home
             surprised
             by
             that
             Caper
             ,
             and
             brought
             into
             
               Villa
               Franca
            
             ,
             and
             there
             condemned
             and
             sold
             to
             one
             Poleman
             ;
             
             which
             Ship
             afterwards
             coming
             for
             England
             ,
             the
             Plaintiffs
             having
             notice
             ,
             made
             a
             seizure
             ,
             and
             upon
             Tryal
             Adjudication
             passed
             for
             the
             Plaintiffs
             ,
             the
             original
             proprietors
             :
             
             for
             though
             the
             Ship
             of
             War
             and
             the
             Captors
             were
             of
             Savoy
             ,
             and
             carryed
             thither
             ;
             yet
             being
             taken
             by
             virtue
             of
             a
             
               Dutch
               Comission
            
             ,
             by
             the
             
               Law
               Maritime
            
             ,
             she
             must
             be
             carryed
             
               infra
               Praesidia
            
             of
             that
             Prince
             or
             State
             by
             virtue
             of
             whose
             Commission
             she
             was
             taken
             .
          
           
             Nor
             can
             such
             carrying
             of
             the
             Ensignes
             or
             Coulors
             ,
             of
             the
             Duke
             of
             Savoy
             ,
             who
             was
             then
             in
             amity
             with
             the
             Crown
             of
             England
             ,
             or
             the
             Commander
             ,
             though
             a
             Subject
             of
             that
             Prince
             ,
             make
             him
             a
             Pyrat
             ,
             or
             subject
             them
             or
             those
             to
             whom
             they
             have
             transferred
             their
             interest
             of
             the
             Prize
             any
             waies
             to
             be
             questioned
             for
             the
             same
             criminaliter
             ;
             for
             that
             the
             original
             quoad
             as
             to
             the
             taking
             was
             lawful
             ,
             a
             
               as
               one
               enemy
               might
               take
               from
               another
            
             ;
             but
             civiliter
             the
             same
             ,
             for
             that
             the
             Captor
             had
             not
             entitled
             himself
             to
             a
             firme
             possession
             .
             b
          
           
             And
             therfore
             in
             all
             cases
             where
             a
             Ship
             is
             by
             
               Letters
               of
               Marque
               or
               Pyracy
            
             ,
             c
             if
             the
             same
             is
             not
             carry'd
             
               infra
               praesidia
            
             of
             that
             Prince
             or
             State
             ,
             by
             whose
             Subject
             the
             same
             was
             taken
             ,
             the
             Owners
             are
             not
             divested
             of
             their
             property
             ,
             but
             may
             re-seize
             wheresoever
             they
             meet
             with
             their
             Vessels
             .
          
           
             XV.
             If
             a
             Pyrat
             attaques
             a
             Ship
             ,
             and
             only
             takes
             away
             some
             of
             the
             Men
             ,
             in
             order
             to
             the
             selling
             them
             for
             slaves
             ,
             this
             is
             a
             Pyracy
             by
             the
             Law
             Maritime
             ;
             but
             if
             a
             Man
             takes
             away
             a
             Villaine
             or
             Warde
             ,
             or
             any
             other
             Subject
             ,
             and
             sells
             them
             for
             slaves
             ;
             yet
             this
             no
             robbery
             by
             the
             Common
             Law.
             
          
           
             XVI
             .
             If
             a
             Bale
             or
             Pack
             of
             Merchandise
             be
             delivered
             to
             a
             Master
             to
             carry
             over
             Sea
             to
             such
             a
             Port
             ,
             and
             he
             
             goeth
             away
             with
             the
             whole
             Pack
             or
             Bale
             to
             another
             Port
             ,
             and
             there
             sells
             and
             disposes
             of
             the
             same
             ,
             *
             the
             same
             is
             no
             felony
             .
          
           
             But
             if
             he
             opens
             the
             Bale
             or
             Pack
             ,
             and
             take
             any
             thing
             
             out
             ,
             
               animo
               furandi
            
             ,
             the
             same
             may
             amount
             to
             such
             a
             Larceny
             ,
             
             as
             he
             may
             be
             indicted
             in
             the
             Admiralty
             ,
             though
             
             it
             amounts
             not
             to
             a
             Pyracy
             .
          
           
             Yet
             if
             such
             a
             Master
             of
             Ship
             shall
             carry
             the
             lading
             to
             
             the
             Port
             appointed
             ,
             and
             after
             retakes
             the
             whole
             Pack
             or
             Bale
             back
             again
             ,
             this
             may
             amount
             to
             a
             Pyracy
             ;
             for
             he
             being
             in
             the
             nature
             of
             a
             Common
             Carrier
             ,
             the
             delivery
             
             had
             taken
             its
             effect
             ,
             and
             the
             privity
             of
             the
             Balement
             is
             determined
             .
          
           
             XVII
             .
             If
             a
             Pyrat
             shall
             attaque
             a
             Ship
             ,
             and
             the
             Master
             
             for
             the
             redemption
             shall
             give
             his
             Oath
             to
             pay
             a
             sum
             
             certaine
             ;
             though
             there
             be
             no
             taking
             ,
             yet
             is
             the
             same
             Pyracy
             ,
             by
             the
             
               Law
               Maritime
            
             .
          
           
             If
             a
             Ship
             shall
             ride
             at
             Anchor
             ,
             and
             the
             Mariners
             shall
             be
             part
             in
             their
             Ship-Boat
             ,
             and
             the
             rest
             on
             the
             shore
             ,
             and
             none
             shall
             be
             in
             the
             Ship
             ,
             yet
             if
             a
             Pyrat
             shall
             attaque
             
             her
             and
             rob
             her
             ,
             the
             same
             is
             Pyracy
             .
          
           
             XVIII
             .
             A
             Merchant
             procures
             Letters
             of
             Marque
             or
             
             Reprise
             ,
             and
             then
             delivers
             the
             Commission
             to
             Persons
             to
             endeavour
             a
             satisfaction
             ;
             if
             such
             Persons
             commit
             Pyracy
             ,
             the
             Vessel
             is
             forfeited
             without
             controversy
             :
             but
             the
             Merchant
             is
             no
             waies
             lyable
             to
             make
             satisfaction
             ;
             for
             though
             
             the
             Superior
             shall
             answer
             for
             the
             actions
             of
             his
             Ministers
             or
             Servants
             ,
             yet
             that
             is
             introduced
             by
             the
             Civil
             Law
             ;
             but
             this
             question
             must
             be
             decided
             by
             the
             Laws
             of
             Nations
             ,
             by
             virtue
             of
             which
             such
             Commissions
             are
             awarded
             or
             granted
             ;
             
             the
             which
             does
             exempt
             any
             Man
             to
             answer
             for
             the
             dammages
             of
             his
             Servants
             ,
             unless
             he
             fore-knew
             that
             they
             would
             commit
             such
             a
             Pyracy
             or
             spoliation
             ,
             or
             any
             way
             have
             abetted
             or
             consented
             to
             the
             same
             ,
             which
             right
             may
             be
             forfeited
             ,
             and
             the
             Civil
             Law
             let
             in
             to
             acquire
             satisfaction
             .
          
           
             But
             if
             a
             Ship
             shall
             be
             at
             Sea
             and
             in
             necessity
             ,
             if
             she
             attaques
             another
             Ship
             ,
             and
             takes
             out
             some
             Victuals
             ,
             Cables
             ,
             Ropes
             ,
             Anchors
             or
             Sailes
             ,
             (
             especially
             if
             that
             other
             Ship
             
             may
             spare
             them
             )
             this
             is
             not
             Pyracy
             ;
             but
             then
             the
             party
             must
             pay
             ready
             Money
             for
             such
             things
             ,
             or
             give
             a
             Note
             or
             Bill
             for
             the
             payment
             of
             the
             value
             ,
             if
             on
             this
             side
             the
             
               Straites
               of
               Morocco
            
             ,
             within
             four
             months
             ,
             if
             beyond
             ,
             within
             twelve
             months
             .
          
           
           
             XIX
             .
             By
             the
             
               Law
               Maritime
            
             ,
             if
             Goods
             are
             taken
             by
             a
             Pyrat
             ,
             and
             afterwards
             the
             Pyrat
             attaques
             another
             Ship
             ,
             
             but
             in
             the
             attempt
             is
             conquered
             ,
             the
             Prise
             becomes
             absolute
             the
             Captor's
             ,
             saving
             the
             account
             to
             be
             rendred
             to
             the
             Admiral
             .
             And
             it
             is
             accounted
             in
             Law
             a
             just
             caption
             of
             whatsoever
             may
             be
             got
             ,
             or
             taken
             from
             such
             
               Beasts
               of
               prey
            
             ,
             be
             the
             same
             in
             their
             own
             or
             in
             their
             Successors
             possession
          
           
             But
             then
             an
             account
             ought
             to
             be
             rendred
             to
             the
             Admiral
             ,
             who
             may
             (
             if
             they
             happen
             to
             be
             the
             Goods
             of
             the
             Fellow
             Subject
             of
             the
             Captors
             ,
             or
             of
             Nations
             in
             Amity
             with
             his
             own
             Soveraign
             )
             make
             restitution
             to
             the
             
             Owner
             ,
             the
             costs
             and
             charges
             ,
             and
             what
             other
             things
             in
             equity
             shall
             be
             decreed
             to
             the
             Captor
             ,
             first
             considered
             and
             deducted
             .
          
           
             XX.
             By
             the
             Status
             of
             27
             Edw.
             3.
             cap.
             13.
             if
             a
             Merchant
             loose
             his
             Goods
             at
             Sea
             by
             Pyracy
             ,
             or
             Tempest
             (
             not
             being
             
             wrackt
             )
             and
             they
             afterwards
             come
             to
             Land
             ;
             if
             he
             can
             make
             proof
             they
             are
             his
             Goods
             ,
             they
             shall
             be
             restored
             to
             him
             in
             places
             Guildable
             ,
             by
             the
             King's
             Officers
             '
             and
             six
             Men
             of
             the
             Country
             ;
             and
             in
             other
             places
             by
             the
             Lords
             there
             and
             their
             Officers
             ,
             and
             six
             Men
             of
             the
             Country
             .
          
           
             This
             Law
             hath
             a
             very
             near
             relation
             to
             that
             of
             the
             Romans
             ,
             called
             
               De
               Usu-Captione
            
             ,
             or
             the
             Atinian
             Law
             ;
             for
             Atinius
             enacted
             ,
             that
             the
             Plea
             of
             Prescription
             or
             long
             possession
             ,
             should
             not
             avail
             in
             things
             that
             had
             been
             stoln
             ,
             but
             the
             interest
             which
             the
             right
             Owners
             had
             should
             
             remain
             perpetual
             ;
             the
             words
             of
             the
             Law
             are
             these
             ,
             
               Quod
               surreptum
               est
               ,
               ejus
               rei
               aeternitas
               auctoritas
               esset
               ,
            
             where
             by
             Auctoritas
             is
             meant
             
               Jus
               Dominii
            
             .
          
           
             XXI
             .
             Yet
             by
             the
             
               Common
               Law
            
             of
             England
             ,
             it
             has
             been
             held
             ,
             that
             if
             a
             Man
             commit
             Pyracy
             upon
             the
             Subjects
             of
             another
             Prince
             or
             Republique
             (
             though
             in
             League
             with
             us
             )
             and
             brings
             the
             Goods
             into
             England
             ,
             and
             sells
             them
             in
             a
             Market
             Overt
             ;
             the
             same
             shall
             bind
             ,
             and
             the
             Owners
             are
             for
             ever
             concluded
             ,
             and
             if
             they
             should
             go
             about
             in
             the
             
             Admiralty
             to
             question
             the
             property
             ,
             in
             order
             to
             restitution
             ,
             they
             will
             be
             prohibited
             .
          
           
             XXII
             .
             This
             offence
             was
             not
             punishable
             by
             the
             
               Common
               Law
            
             ,
             as
             appears
             by
             the
             preamble
             of
             the
             
               Stat.
               of
            
             28.
             
             H.
             8
             cap.
             15.
             but
             the
             same
             was
             determined
             and
             judged
             by
             the
             Admiral
             ,
             after
             the
             course
             of
             the
             
               Civil
               Law
            
             ;
             but
             by
             force
             of
             the
             said
             Act
             ,
             the
             same
             is
             enquired
             of
             ,
             heard
             and
             
             determined
             according
             to
             the
             course
             of
             the
             
               Common
               Law
            
             ,
             as
             if
             the
             offence
             had
             been
             committed
             on
             Land.
             
          
           
             XXIII
             .
             This
             Act
             does
             not
             alter
             the
             offence
             ,
             or
             make
             the
             offence
             Felony
             ;
             but
             leaves
             the
             offence
             as
             it
             was
             before
             this
             Act
             ;
             viz.
             Felony
             only
             by
             the
             
               Civil
               Law
            
             ,
             but
             giveth
             a
             mean
             of
             Tryall
             by
             the
             Common
             Law
             ,
             and
             inflecteth
             paines
             of
             death
             ,
             as
             if
             they
             had
             been
             attainted
             of
             any
             felony
             done
             upon
             the
             Land.
             
          
           
             The
             Indictment
             must
             mention
             the
             same
             to
             be
             done
             upon
             the
             Sea.
             
          
           
             A
             Pardon
             of
             all
             Felonies
             does
             not
             extend
             to
             this
             
             offence
             ,
             but
             the
             same
             ought
             especially
             to
             be
             named
             .
          
           
             Though
             there
             be
             a
             forfeiture
             of
             Lands
             and
             Goods
             ,
             yet
             
             there
             is
             no
             corruption
             of
             Blood.
             
          
           
             There
             can
             be
             no
             Accessory
             of
             this
             offence
             ,
             tryed
             by
             virtue
             of
             this
             Statute
             ;
             but
             if
             there
             be
             an
             Accessory
             upon
             the
             Sea
             to
             a
             Pyracy
             ,
             he
             must
             be
             tryed
             by
             the
             
               Civil
               Law.
            
             
          
           
             The
             Statute
             of
             35
             H.
             8.
             cap.
             2.
             taketh
             not
             away
             this
             Statute
             for
             Treasons
             done
             upon
             the
             Sea
             ,
             Clergy
             is
             not
             allowable
             to
             the
             party
             on
             the
             Statute
             28
             H.
             8.
             vide
             14.
             
             
               Jac.
               in
               B.
               R.
               Moore
            
             756.
             placet
             1044.
             
          
           
             Though
             a
             Port
             is
             
               Locus
               publicus
               uti
               pars
               Oceani
            
             ,
             yet
             it
             hath
             been
             resolved
             more
             then
             once
             that
             all
             Ports
             ,
             not
             only
             the
             Town
             ,
             but
             the
             Water
             is
             
               infra
               corpus
               Comitatus
            
             .
          
           
             If
             a
             Pyrat
             enters
             into
             a
             Port
             or
             Haven
             of
             this
             Kingdom
             ,
             and
             a
             Merchant
             being
             at
             Anchor
             there
             ,
             the
             Pyrat
             assaults
             
             him
             and
             robs
             him
             ,
             this
             is
             not
             Pyracy
             ,
             because
             the
             same
             is
             not
             done
             
               super
               eltum
               Mare
            
             ;
             but
             this
             is
             a
             down-right
             robbery
             at
             the
             
               Common
               Law
            
             ,
             for
             that
             the
             Act
             is
             
               infra
               corpus
               Comitatus
            
             ,
             and
             was
             inquirable
             and
             punishable
             by
             the
             
               Common
               Law
            
             ,
             before
             the
             Statute
             of
             28
             H.
             6.
             cap.
             15.
             
          
           
             XXV
             .
             So
             If
             such
             a
             Pyracy
             be
             made
             in
             a
             Creek
             or
             Port
             ,
             
             in
             such
             cases
             it
             has
             been
             conceived
             ,
             that
             Clergy
             is
             allowable
             upon
             the
             
               Stat.
               of
            
             28
             H.
             8.
             but
             if
             it
             be
             done
             
               super
               altum
               Mare
            
             ,
             there
             no
             Clergy
             is
             allowable
             :
             by
             the
             Pardon
             of
             all
             Felonies
             ,
             at
             the
             
               Common
               Law
            
             ,
             or
             by
             the
             Statute
             
             
               Law
               ;
               Felony
               super
               altum
               Mare
            
             is
             not
             pardoned
             ;
             for
             though
             
             the
             King
             may
             pardon
             this
             offence
             ,
             yet
             being
             no
             Felony
             in
             the
             eye
             of
             the
             Law
             of
             this
             Realm
             ,
             but
             only
             by
             the
             
               Civil
               Law
            
             ,
             the
             Pardon
             of
             all
             Felonies
             generally
             extends
             not
             to
             it
             ;
             for
             this
             is
             a
             special
             offence
             ,
             and
             ought
             especially
             to
             be
             mentioned
             .
          
           
             XXVI
             .
             A
             Man
             attainted
             by
             virtue
             of
             that
             Statute
             ,
             
             forfeits
             his
             Lands
             and
             Goods
             ,
             yet
             there
             works
             
               no
               corruption
            
             of
             Blood
             ,
             by
             virtue
             of
             that
             attainder
             ;
             nor
             can
             there
             be
             any
             Accessory
             of
             Pyracy
             by
             the
             Law
             of
             this
             Realm
             :
             but
             if
             it
             falls
             out
             that
             there
             is
             an
             Accessory
             upon
             the
             Sea
             ,
             such
             Accessory
             may
             be
             punished
             by
             the
             Civil
             Law
             ,
             before
             the
             Lord
             Admiral
             ,
             but
             he
             cannot
             be
             punished
             by
             virtue
             of
             this
             Act
             ,
             because
             it
             extends
             not
             to
             Accessories
             ,
             nor
             makes
             the
             offence
             felony
             .
          
           
             XXVII
             .
             If
             one
             steals
             Goods
             in
             one
             County
             ,
             and
             
             brings
             them
             into
             another
             ,
             the
             Party
             may
             be
             indicted
             in
             either
             County
             ;
             but
             if
             one
             commits
             Pyracy
             at
             Sea
             ,
             and
             brings
             the
             Goods
             into
             a
             County
             in
             England
             ,
             yet
             he
             cannot
             be
             indicted
             upon
             that
             Statute
             ,
             for
             that
             the
             originall
             taking
             was
             not
             felony
             ,
             whereof
             the
             
               Common
               Law
            
             took
             conuzance
             .
          
           
             XXVIII
             .
             If
             a
             Man
             is
             taken
             on
             suspition
             of
             Pyracy
             ,
             and
             a
             Bill
             is
             preferred
             against
             him
             ,
             and
             the
             Jury
             find
             Ignoramus
             ;
             if
             the
             Court
             of
             Admiralty
             will
             not
             discharge
             
             him
             ,
             the
             Court
             of
             
               Kings
               Bench
            
             will
             grant
             a
             
               Habeas
               Corpus
            
             ,
             and
             if
             there
             be
             good
             cause
             discharge
             him
             ,
             or
             at
             least
             take
             Bayle
             for
             him
             :
             But
             if
             the
             Court
             suspects
             that
             the
             Party
             is
             guilty
             ,
             perhaps
             they
             may
             remand
             him
             ;
             and
             therefore
             in
             all
             cases
             ,
             where
             the
             Admiralty
             legally
             have
             an
             original
             or
             a
             concurrent
             Jurisdiction
             ,
             the
             Courts
             above
             will
             be
             well
             informed
             before
             they
             will
             mdedle
             .
          
           
             If
             a
             Man
             be
             in
             custody
             for
             Pyracy
             ,
             if
             any
             aids
             or
             assists
             him
             in
             his
             escape
             ,
             though
             that
             matter
             is
             an
             offence
             at
             Land
             ,
             *
             yet
             the
             Admiralty
             having
             Jurisdiction
             to
             punish
             the
             principal
             ,
             may
             have
             likewise
             power
             to
             punish
             such
             an
             offender
             ,
             who
             is
             lookt
             upon
             quasi
             an
             Accessory
             to
             the
             Pyracy
             ;
             but
             to
             rescue
             a
             Prisonner
             from
             an
             Officer
             of
             theirs
             ,
             they
             may
             examine
             the
             cause
             ,
             but
             they
             cannot
             proceed
             criminally
             against
             the
             offender
             .
          
           
             XXIX
             .
             †
             Antiently
             when
             any
             Merchants
             were
             robbed
             at
             Sea
             ,
             or
             spoiled
             of
             their
             Goods
             ,
             the
             King
             usually
             issued
             out
             Commissions
             under
             the
             
               Great-Seal
               of
               England
            
             ,
             to
             enenquire
             
             of
             such
             depradations
             and
             robberies
             ,
             and
             to
             punish
             
             the
             Parties
             ;
             and
             for
             fraudes
             in
             Contracts
             ,
             to
             give
             dammages
             to
             the
             Parties
             ,
             and
             proceed
             therein
             
               secundum
               Legem
               &
               consuetudinem
               Angliae
               ,
               secundum
               Legem
               Mercatoriam
               ,
               &
               Legem
               Maritimam
            
             ;
             all
             three
             Laws
             included
             in
             the
             Commissions
             .
             
          
           
             One
             Marsh
             a
             Fisherman
             being
             at
             Sea
             ,
             was
             taken
             by
             Pyrats
             ,
             and
             all
             which
             he
             had
             ;
             after
             that
             ,
             the
             Pyrats
             took
             another
             Ship
             belonging
             to
             the
             Dane
             ,
             and
             the
             Pyrats
             having
             rifled
             the
             Ship
             ,
             and
             taken
             the
             best
             of
             the
             Goods
             of
             the
             Danes
             ,
             the
             Pyrat
             put
             aboard
             the
             Fisherman
             ,
             and
             so
             suffered
             him
             to
             depart
             ,
             who
             landing
             here
             ,
             went
             immediately
             to
             Dr.
             Talbot
             ,
             a
             Civilian
             ,
             and
             shewed
             him
             all
             this
             matter
             ,
             and
             desiring
             his
             advice
             ,
             who
             directed
             an
             Inventory
             to
             be
             made
             of
             the
             Danes
             Goods
             in
             his
             Ship
             ;
             the
             Dane
             afterwards
             coming
             into
             England
             ,
             and
             having
             intelligence
             of
             the
             matter
             ,
             prosecutedthe
             Fisherman
             in
             the
             Admiralty
             ;
             and
             although
             Ignoramus
             was
             found
             ,
             yet
             they
             there
             detained
             him
             ;
             upon
             which
             a
             
               Habeas
               corpus
            
             was
             prayed
             ,
             but
             denyed
             by
             My
             Lord
             Coke
             Chief
             Justice
             ,
             for
             no
             other
             reason
             but
             because
             the
             truth
             of
             the
             matter
             was
             opened
             ,
             which
             gave
             the
             Court
             cause
             to
             supect
             him
             of
             Pyracy
             ;
             otherwise
             if
             he
             had
             moved
             barely
             upon
             the
             Ignoramus
             found
             ,
             
               quod
               nota
               Pasch.
            
             13
             
               Jac.
               in
               B.
               R.
               the
               King
               vers
               .
               Marsh
               Bulstrod
            
             3.
             
               part
               .
               fo
            
             .
             27.
             
          
        
         
           
           
             CHAP.
             V.
             The
             Right
             of
             the
             Flagg
             ,
             as
             to
             the
             acknowledging
             the
             Dominion
             of
             the
             
               British
               Seas
            
             .
          
           
             
               
                 
                   I.
                   Considerations
                   general
                   as
                   in
                   reference
                   to
                   the
                   same
                   .
                
                 
                   II.
                   Whether
                   Princes
                   may
                   have
                   an
                   exclusive
                   property
                   in
                   the
                   Sea.
                   
                
                 
                   III.
                   That
                   such
                   an
                   exclusive
                   Dominion
                   may
                   be
                   ,
                   and
                   proved
                   .
                
                 
                   IV.
                   Of
                   the
                   Sea
                   ,
                   whether
                   capable
                   of
                   Division
                   ,
                   as
                   the
                   Land
                   general
                   .
                
                 
                   V.
                   Considerations
                   general
                   as
                   in
                   reference
                   to
                   Maritime
                   Cities
                   touching
                   Sea
                   Dominion
                   .
                
                 
                   VI.
                   Of
                   the
                   Sea
                   ,
                   by
                   reason
                   of
                   its
                   instability
                   ,
                   whether
                   capable
                   of
                   subjection
                   .
                
                 
                   VI.
                   Of
                   the
                   Dominion
                   of
                   the
                   British
                   Sea
                   asserted
                   long
                   before
                   ,
                   and
                   ever
                   since
                   the
                   Conquest
                   of
                   this
                   Isle
                   by
                   the
                   Romanes
                   .
                
                 
                   VIII
                   .
                   The
                   duty
                   of
                   the
                   Flagg
                   ,
                   but
                   a
                   consecutive
                   acknowledgement
                   of
                   that
                   right
                   ,
                   and
                   of
                   the
                   Ordinance
                   of
                   Hastings
                   declaring
                   that
                   Customary
                   obeysance
                   .
                
                 
                   IX
                   .
                   Considerations
                   had
                   on
                   some
                   Treaties
                   ,
                   in
                   reference
                   to
                   the
                   asserting
                   the
                   duty
                   of
                   the
                   Flagg
                   .
                
                 
                   X.
                   Of
                   the
                   extent
                   how
                   far
                   that
                   duty
                   is
                   required
                   and
                   payable
                   .
                
                 
                   XI
                   .
                   Of
                   the
                   duty
                   of
                   the
                   Flagg
                   ,
                   not
                   a
                   bare
                   Honourary
                   salute
                   ,
                   but
                   a
                   Right
                   .
                
                 
                   XIII
                   .
                   Of
                   the
                   importance
                   and
                   value
                   of
                   the
                   same
                   as
                   well
                   in
                   Nations
                   Forraign
                   ,
                   as
                   in
                   England
                   .
                
                 
                   XIII
                   .
                   Of
                   the
                   duty
                   of
                   the
                   Flagg
                   not
                   regarded
                   as
                   a
                   civility
                   ,
                   but
                   commanded
                   as
                   a
                   duty
                   .
                
                 
                   XIV
                   .
                   Of
                   the
                   importance
                   of
                   that
                   acknowledgement
                   .
                
              
            
          
           
             I.
             AFter
             the
             Writings
             of
             the
             
               Illustrious
               Selden
            
             ,
             certainly
             it
             's
             impossible
             to
             find
             any
             Prince
             or
             Republique
             ,
             or
             single
             Person
             indued
             with
             reason
             or
             sence
             ,
             that
             doubts
             the
             Dominion
             of
             the
             
               British
               Sea
            
             ,
             to
             be
             intirely
             subject
             to
             that
             
               Imperial
               Diadem
            
             ,
             or
             the
             duty
             or
             right
             of
             the
             Flagg
             ,
             which
             indeed
             is
             but
             a
             consecutive
             acknowledgment
             of
             that
             antient
             Superiority
             :
             yet
             there
             has
             not
             been
             wanting
             some
             ,
             who
             though
             they
             have
             not
             questioned
             the
             former
             ,
             have
             highly
             disputed
             the
             latter
             .
          
           
             But
             there
             are
             some
             fatal
             periods
             amongst
             our
             
               Northern
               Regions
            
             ,
             when
             the
             Inhabitants
             do
             become
             so
             brutal
             and
             prejudicate
             ,
             that
             no
             obligation
             of
             Reason
             ,
             Prudence
             ,
             Conscience
             or
             Religion-can
             prevail
             over
             their
             passions
             ,
             especially
             if
             they
             become
             the
             devoted
             mercinaries
             of
             an
             implacable
             Faction
             ;
             in
             opposition
             to
             all
             that
             can
             be
             called
             
             either
             just
             or
             honourable
             ,
             we
             need
             not
             reap
             up
             the
             carriage
             
             of
             that
             late
             insolent
             Son
             of
             a
             
               Tallow
               Chandler
            
             ,
             whose
             deportments
             made
             him
             no
             less
             insupportable
             at
             Home
             ,
             then
             he
             was
             amongst
             
               Forreign
               Princes
            
             ;
             the
             testimonies
             of
             his
             greatest
             parts
             and
             abilities
             ,
             being
             no
             other
             then
             monuments
             of
             his
             malice
             and
             hatred
             to
             this
             Nation
             ,
             and
             records
             of
             his
             own
             folly
             :
             But
             Princes
             are
             not
             to
             be
             wrangled
             out
             of
             their
             antient
             
               Rights
               and
               Regalities
            
             by
             the
             subtil
             argument
             of
             Wit
             and
             Sophistry
             ;
             nor
             are
             they
             to
             be
             supplanted
             or
             overthrown
             by
             malice
             or
             Arms
             ,
             so
             long
             as
             God
             and
             Good
             Men
             will
             assist
             ,
             in
             which
             His
             Sacred
             Majesty
             did
             not
             want
             ,
             when
             he
             asserted
             his
             Right
             with
             the
             Blood
             and
             lives
             of
             so
             many
             thousands
             that
             fell
             in
             the
             dispute
             .
          
           
             II.
             That
             Princes
             may
             have
             an
             
               exclusive
               property
               in
               the
               Soveraignty
               of
               the
               several
               parts
               of
               the
               Sea
               ,
               and
               in
               the
               passage
               Fishing
               and
               shores
               ,
            
             is
             so
             evidently
             true
             by
             way
             of
             fact
             ,
             as
             no
             Man
             that
             is
             not
             desperatly
             impudent
             can
             deny
             it
             ,
             the
             considerations
             of
             the
             general
             practise
             in
             all
             Maritime
             Countries
             ,
             the
             necessity
             of
             Order
             in
             mutual
             Commerce
             ,
             and
             the
             Safety
             of
             Mens
             persons
             ,
             Goods
             and
             lives
             ,
             hath
             taught
             even
             the
             most
             
               Barbarous
               Nations
            
             to
             know
             by
             the
             Light
             of
             
               Human
               reason
            
             ,
             that
             Laws
             are
             as
             equally
             necessary
             for
             the
             Government
             and
             preservation
             of
             the
             Sea
             ,
             as
             those
             that
             negotiate
             and
             trade
             on
             the
             firm
             Land
             ;
             and
             that
             to
             make
             Laws
             and
             to
             give
             them
             the
             Life
             of
             Execution
             ,
             must
             of
             necessity
             require
             a
             
               Supream
               Authority
            
             ,
             for
             to
             leave
             every
             part
             of
             the
             Sea
             and
             shores
             to
             an
             
               Arbitrary
               and
               promiscuous
               use
            
             ,
             with
             a
             correcting
             and
             securing
             power
             in
             case
             of
             wrong
             or
             danger
             ,
             is
             to
             make
             Men
             with
             the
             like
             condition
             of
             the
             Fishes
             ,
             where
             the
             greater
             devour
             and
             swallow
             the
             less
             .
          
           
             And
             though
             the
             Sea
             is
             as
             a
             High-way
             ,
             and
             common
             to
             all
             ;
             yet
             it
             is
             as
             other
             High-waies
             by
             Lands
             or
             great
             Rivers
             are
             ,
             which
             though
             Common
             and
             Free
             ,
             are
             not
             to
             be
             usurped
             by
             private
             Persons
             ,
             to
             their
             own
             entire
             service
             ;
             but
             remain
             to
             the
             use
             of
             every
             one
             ,
             not
             that
             their
             Freedom
             is
             such
             ,
             as
             that
             they
             should
             be
             
               without
               protection
               or
            
             
             Government
             of
             some
             Prince
             or
             Republique
             ,
             but
             rather
             not
             exclude
             the
             same
             ;
             for
             the
             true
             Ensign
             of
             liberty
             and
             freedom
             is
             
               protection
               from
               those
               that
               maintain
               it
               in
               liberty
               .
            
          
           
             IV.
             And
             as
             the
             Sea
             is
             capable
             of
             protection
             and
             Government
             ,
             so
             is
             the
             same
             no
             less
             then
             the
             Land
             subject
             
             to
             be
             divided
             amongst
             Men
             ,
             and
             
               appropriated
               to
               Cities
               and
               Potentats
            
             ,
             which
             long
             since
             was
             ordained
             of
             God
             as
             a
             thing
             most
             natural
             ,
             whence
             it
             was
             that
             Aristotle
             ,
             when
             he
             said
             ,
             
               That
               unto
               Maritime
               Cities
               the
               Sea
               is
               the
               Territory
               ,
               because
               from
               thence
               they
               take
               their
               sustenance
               and
               defence
            
             ;
             a
             thing
             which
             cannot
             be
             unless
             
               part
               of
               it
            
             might
             be
             appropriated
             in
             the
             like
             manner
             as
             the
             Land
             is
             ,
             which
             is
             divided
             betwixt
             Cities
             and
             Governments
             ,
             not
             by
             equal
             parts
             ,
             or
             according
             to
             their
             greatness
             ,
             but
             according
             as
             they
             
               are
               able
               to
               Rule
               ,
               Govern
               and
               defend
               them
               :
               Berne
            
             is
             not
             the
             greatest
             City
             of
             Switzerland
             ;
             yet
             he
             hath
             as
             large
             Territory
             as
             all
             the
             rest
             of
             the
             twelve
             Cantons
             put
             togetether
             :
             The
             Cities
             of
             Noremberg
             and
             Genoa
             are
             very
             rich
             and
             great
             ,
             yet
             their
             Territories
             hardly
             exceed
             their
             Walls
             :
             and
             Venice
             the
             Mistress
             and
             Queen
             of
             the
             Mediterranian
             ,
             was
             known
             for
             many
             years
             to
             be
             without
             any
             manner
             of
             possession
             in
             the
             firme
             Land.
             
          
           
             V.
             Again
             on
             the
             Sea
             ,
             certain
             Cities
             of
             great
             force
             ,
             
             have
             possessed
             large
             quantities
             thereof
             ;
             others
             of
             little
             force
             ,
             have
             been
             contented
             with
             the
             next
             Waters
             .
          
           
             Neitheir
             are
             there
             wanting
             examples
             of
             such
             ,
             notwithstanding
             they
             are
             Maritime
             ,
             yet
             having
             fertile
             Lands
             lying
             on
             the
             back
             of
             them
             ,
             have
             been
             contented
             therewith
             without
             ever
             attempting
             to
             
               gain
               any
               Sea
               Dominion
            
             ;
             others
             who
             being
             awed
             by
             by
             their
             more
             mighty
             Neighbours
             ,
             have
             been
             constrained
             to
             forbear
             any
             such
             attempt
             ;
             for
             which
             two
             causes
             a
             City
             or
             Republique
             ,
             though
             it
             be
             Maritime
             ,
             yet
             it
             may
             remain
             without
             any
             
               possession
               of
               the
               Sea.
            
             God
             hath
             instituted
             Principalities
             for
             the
             maintenance
             of
             Justice
             to
             the
             benefit
             of
             Mankind
             ;
             which
             is
             necessary
             to
             be
             executed
             as
             well
             by
             Sea
             ,
             as
             by
             Land
             :
             Saint
             Paul
             saith
             ,
             that
             for
             this
             cause
             there
             were
             due
             to
             Princes
             
               Customs
               and
               Contributions
            
             .
          
           
           
             It
             would
             be
             a
             great
             absurdity
             to
             praise
             the
             well
             Government
             and
             defence
             of
             the
             Land
             ,
             and
             to
             condemn
             that
             of
             the
             Sea
             ;
             nor
             doth
             it
             follow
             because
             of
             the
             vastness
             of
             the
             Sea
             ,
             that
             it
             is
             not
             possible
             to
             be
             governed
             and
             protected
             ,
             but
             that
             proceeds
             from
             a
             
               defect
               in
               Mankind
            
             ;
             for
             Deserts
             though
             part
             of
             Kingdoms
             ,
             are
             impossible
             to
             be
             governed
             and
             protected
             ,
             witness
             the
             many
             Deserts
             of
             Africk
             ,
             and
             the
             immense
             vastities
             of
             the
             
               New
               World.
            
             
          
           
             VI.
             As
             it
             is
             a
             gift
             of
             God
             ,
             that
             a
             Land
             by
             the
             Laws
             and
             publique
             power
             be
             ruled
             ,
             protected
             and
             Governed
             :
             so
             the
             same
             happens
             to
             the
             Sea
             ;
             and
             those
             *
             are
             deceived
             by
             a
             gross
             equivocation
             ,
             who
             aver
             that
             the
             Land
             by
             reason
             of
             its
             stability
             ought
             to
             be
             subjected
             ,
             but
             not
             the
             Sea
             ,
             for
             being
             an
             unconstant
             Element
             ,
             no
             more
             then
             Air
             ;
             forasmuch
             as
             they
             intend
             by
             the
             Sea
             and
             the
             Air
             all
             the
             parts
             of
             the
             fluid
             Elements
             ,
             it
             is
             a
             most
             certain
             thing
             ,
             that
             they
             cannot
             be
             brought
             under
             subjection
             and
             Government
             ,
             because
             whilst
             a
             Man
             serves
             himself
             with
             any
             one
             part
             of
             them
             ,
             the
             other
             escapes
             out
             of
             his
             power
             ;
             but
             this
             chanceth
             also
             to
             Rivers
             ,
             which
             cannot
             be
             detained
             ;
             but
             one
             is
             said
             to
             rule
             over
             a
             
               Sea
               or
               River
            
             ,
             it
             is
             understood
             not
             of
             the
             Element
             ,
             but
             of
             the
             Scite
             where
             they
             are
             placed
             :
             the
             Water
             of
             the
             Adriatique
             and
             
               British
               Seas
            
             continually
             runs
             out
             thereof
             ,
             and
             yet
             is
             the
             same
             Sea
             as
             the
             
               Tiber
               ,
               Poe
               ,
               Rhine
               ,
               Thames
            
             or
             Severne
             ,
             are
             the
             same
             Rivers
             they
             were
             a
             thousand
             years
             since
             ;
             and
             this
             is
             that
             that
             is
             subject
             to
             Princes
             by
             way
             of
             
               Protection
               and
               Government
            
             .
          
           
             Again
             ,
             it
             would
             seem
             ridiculous
             if
             any
             Man
             would
             assert
             that
             the
             Sea
             ought
             to
             be
             left
             without
             Protection
             ,
             so
             that
             any
             one
             might
             do
             therein
             well
             or
             ill
             ,
             robbing
             ,
             spoiling
             ,
             and
             making
             it
             unnavigable
             ,
             or
             whatsoever
             should
             seem
             fitting
             in
             their
             eyes
             ;
             from
             all
             which
             it
             is
             apparent
             that
             the
             
               Sea
               ought
               to
               be
               governed
            
             by
             those
             by
             whom
             it
             most
             properly
             appertains
             by
             the
             Divine
             disposition
             .
          
           
             VII
             .
             When
             *
             
               Julius
               Caesar
            
             first
             undertook
             the
             Invasion
             of
             this
             Isle
             ,
             he
             summoned
             the
             Neighbouring
             Galls
             to
             inform
             him
             of
             the
             
               Shores
               ,
               Ports
               ,
               Havens
            
             and
             other
             things
             convenient
             that
             might
             acelerate
             his
             intended
             Conquest
             ;
             but
             from
             them
             nothing
             could
             be
             had
             ,
             they
             answering
             ,
             All
             commerce
             and
             traffick
             ,
             and
             visiting
             their
             Ports
             was
             
               interdicted
               to
               all
               Nations
               before
               license
               had
            
             ;
             nor
             could
             any
             
             but
             Merchants
             visit
             the
             same
             ,
             and
             then
             had
             they
             places
             *
             assigned
             them
             whether
             they
             should
             come
             ;
             nor
             was
             this
             Dominion
             that
             the
             Britains
             then
             used
             ,
             commanded
             without
             a
             
               Naval
               Force
            
             ;
             the
             sight
             of
             which
             when
             Caesar
             saw
             ,
             he
             preferred
             them
             before
             those
             of
             the
             Romans
             :
             for
             upon
             that
             occasion
             it
             was
             that
             Caesar
             ,
             having
             seen
             those
             
               Auxiliary
               Squadrons
            
             ,
             which
             the
             Britains
             sent
             the
             Gauls
             in
             their
             Expeditions
             against
             the
             Romans
             ,
             took
             occasion
             to
             
             find
             out
             that
             warlike
             people
             ,
             whose
             bare
             auxiliary
             aide
             shook
             the
             Flower
             of
             the
             
               Roman
               Squadrons
            
             .
          
           
             And
             when
             the
             Romans
             became
             Conqueroues
             of
             this
             Isle
             ,
             the
             same
             Right
             or
             Dominion
             was
             during
             all
             their
             time
             ,
             supported
             and
             maintained
             when
             they
             sailed
             round
             their
             new
             atcheived
             Conquests
             in
             the
             time
             of
             
               Domitian
               ,
               Agricola
            
             ,
             
             giving
             terrour
             to
             all
             the
             neighbouring
             Nations
             .
          
           
             But
             when
             that
             
               Mighty
               Empire
            
             became
             subject
             to
             fate
             ,
             and
             this
             Nation
             by
             the
             continual
             supply
             of
             Men
             ,
             which
             went
             out
             of
             the
             Kingdom
             to
             fill
             up
             the
             contingencies
             of
             the
             Roman
             Legions
             ,
             we
             became
             at
             last
             so
             enfeebled
             as
             to
             render
             us
             a
             prey
             to
             the
             Saxon
             ;
             which
             Empire
             when
             having
             settled
             peace
             with
             their
             Danish
             Neighbours
             ,
             and
             quieted
             their
             own
             home
             ,
             bred
             quarrells
             ;
             and
             having
             reduced
             the
             several
             petty
             Kingdoms
             of
             their
             Heptarchy
             under
             one
             Diadem
             ,
             they
             forgot
             not
             to
             assume
             their
             antient
             
               Right
               and
               Dominion
               of
               the
               Seas
            
             ;
             as
             did
             the
             most
             noble
             Edgar
             ,
             who
             kept
             no
             less
             a
             number
             then
             400
             
               Sail
               of
               Ships
            
             to
             vindicate
             and
             ascertain
             his
             Dominion
             ,
             giving
             protection
             
             to
             the
             peaceable
             ,
             and
             punishment
             to
             the
             offender
             :
             nor
             did
             his
             Successors
             
               Etheldred
               ,
               Canutus
               ,
               Edmund
            
             ,
             and
             those
             that
             followed
             of
             the
             
               Danish
               Race
            
             ,
             any
             waies
             wave
             ,
             relinquish
             or
             loose
             that
             Royalty
             ,
             but
             obsequiously
             maintained
             the
             same
             down
             to
             the
             Conqueror
             ,
             and
             from
             him
             since
             for
             some
             upwards
             of
             12
             hundred
             years
             in
             a
             quiet
             and
             peaceable
             possession
             .
          
           
             To
             mention
             the
             Antient
             Commissions
             ,
             and
             exercise
             of
             this
             Soveraign
             power
             ,
             
               Safe-conducts
               ,
               Writs
               of
               seizure
               ,
               Arrests
               ,
               Records
               of
               Grants
               ,
            
             and
             Licences
             to
             pass
             through
             
             the
             Sea
             ,
             and
             to
             fish
             ,
             
               Parliament
               Rolls
            
             and
             the
             like
             ,
             †
             would
             make
             a
             Volum
             ;
             in
             a
             word
             ,
             if
             
               Right
               of
               Prescription
               ,
               succession
               of
               inheritance
               ,
               continual
               claim
               ,
               matter
               of
               fact
               ,
               consent
               of
               History
            
             and
             Confessions
             ,
             even
             from
             the
             mouths
             and
             pens
             of
             Adversaries
             ,
             be
             of
             any
             moment
             to
             the
             asserting
             of
             a
             Tittle
             ,
             his
             Sacred
             Majesty
             may
             be
             presumed
             ,
             to
             have
             as
             good
             a
             Tittle
             to
             that
             ,
             as
             the
             most
             absolutest
             Monarch
             this
             day
             on
             Earth
             ,
             hath
             to
             what
             ever
             he
             can
             claim
             or
             does
             enjoy
             .
          
           
             VIII
             .
             Now
             the
             duty
             of
             the
             Flagg
             is
             no
             more
             but
             a
             consecutive
             acknowledging
             of
             that
             Right
             and
             Dominion
             of
             the
             
               British
               Seas
            
             ,
             (
             not
             as
             a
             bare
             
               Honorary
               Salute
            
             or
             Ceremony
             ,
             but
             as
             an
             
               absolute
               sign
            
             of
             the
             right
             and
             Soveraignty
             of
             those
             Seas
             where
             they
             are
             oblidged
             to
             strike
             Sail
             :
             )
             are
             in
             him
             to
             whose
             Flagg
             the
             Vail
             ,
             and
             pay
             that
             duty
             to
             ;
             and
             in
             substance
             is
             no
             more
             but
             that
             the
             King
             grants
             a
             generall
             licence
             for
             Ships
             to
             pass
             through
             his
             Seas
             ,
             that
             are
             his
             Friends
             ,
             paying
             that
             obeysance
             and
             duty
             ,
             like
             those
             services
             when
             Lords
             grant
             out
             Estates
             ,
             reserving
             a
             Rose
             or
             
               pepper
               Corn
            
             ,
             the
             value
             of
             which
             is
             not
             regarded
             ,
             but
             the
             rememberance
             and
             acknowledging
             their
             
               Benefactors
               right
            
             and
             Dominion
             .
          
           
             That
             this
             hath
             been
             an
             
               Antient
               Custom
            
             ,
             alwaies
             waiting
             on
             that
             Soveraignty
             ,
             appears
             by
             that
             memorable
             Record
             upwards
             of
             400
             years
             since
             made
             ,
             where
             it
             is
             declared
             by
             King
             John
             what
             the
             
               Antient
               Custom
            
             was
             ,
             in
             these
             words
             ;
             
               That
               if
               a
               Lievtenant
               in
               any
               Uoyage
               ,
               being
            
             
             
               ordained
               by
               Common
               Councel
               of
               the
               Kingdom
               do
               encounter
               upon
               the
               Sea
               any
               Ships
               or
               Uessels
               ,
               laden
               or
               unladen
               ,
               that
               will
               not
               strike
               vail
               and
               their
               Bonets
               at
               the
               Commandment
               of
               the
               Lievtenant
               of
               the
               King
               ,
               but
               will
               fight
               against
               them
               of
               the
               Fleet
               ,
               that
               if
               they
               can
               be
               taken
               ,
               they
               be
               reputed
               as
               Enemies
               ,
               and
               their
               Ships
               ,
               Uessels
               and
               Goods
               taken
               and
               forfeited
               as
               the
               Goods
               of
               Enemies
               ,
               although
               the
               Masters
               or
               Possessors
               of
               the
               same
               would
               come
               afterwards
               ,
               and
               alledge
               ,
               that
               they
               are
               the
               Ships
               ,
               Uessels
               and
               Goods
               of
               those
               that
               are
               Friends
               to
               our
               Lord
               the
               King
               ,
               and
               that
               the
               Common
               People
               in
               the
               same
               be
               chastised
               by
               imprisonment
               of
               their
               Bodyes
               for
               their
               Rebellion
               ,
               by
               discretion
               .
            
          
           
             Thus
             this
             
               Immemorial
               Custom
            
             was
             by
             that
             prudent
             Prince
             affirmed
             ,
             the
             which
             hath
             been
             alwaies
             before
             ,
             and
             
             ever
             since
             ,
             (
             without
             interruption
             by
             all
             Nations
             )
             constantly
             pay'd
             to
             the
             
               Ships
               of
               War
            
             ,
             bearing
             the
             
               Royall
               Standard
            
             and
             other
             of
             his
             Majesties
             Ships
             ,
             wearing
             his
             Colours
             and
             
               Ensigns
               of
               Service
            
             ;
             he
             knowing
             that
             undoubted
             
               Maxim
               of
               State
            
             ,
             that
             
               Kingdoms
               are
               preserved
               by
               reputation
               ,
               which
               is
               as
               well
               their
               strongest
               support
               in
               Peace
               ,
               as
               their
               chiefest
               safety
               in
               time
               of
               War
               ,
               when
               once
               they
               grow
               dispised
               ,
               they
               are
               either
               subject
               to
               forreign
               invasions
               ,
               or
               domestique
               troubles
               ,
            
             the
             which
             (
             if
             possible
             )
             that
             Prince
             would
             have
             prevented
             ,
             but
             he
             lived
             when
             those
             Celestial
             Bodies
             which
             govern
             the
             action
             of
             Princes
             seem
             to
             frown
             on
             the
             most
             Virtuous
             and
             Wise.
             
          
           
             IX
             .
             And
             as
             there
             is
             no
             Nation
             in
             the
             World
             more
             tender
             and
             jealous
             of
             their
             honour
             then
             the
             English
             ;
             so
             none
             more
             impatiently
             tollerate
             the
             diminution
             thereof
             .
             Hence
             it
             was
             that
             in
             all
             Treaties
             before
             ,
             almost
             any
             thing
             other
             was
             assertained
             the
             
               Dominion
               of
               the
               Sea
            
             ,
             and
             
               stricking
               the
               Top-fail
            
             was
             alwaies
             first
             provided
             for
             .
          
           
             In
             the
             Year
             1653
             ,
             after
             the
             Dutch
             had
             measured
             the
             length
             of
             their
             Swords
             with
             those
             of
             this
             Nation
             ,
             and
             being
             sensible
             of
             the
             odds
             ,
             and
             having
             by
             their
             four
             Embassadours
             most
             humbly
             besought
             Peace
             ,
             this
             very
             Duty
             of
             the
             Flagg
             was
             demanded
             by
             the
             
               15th
               .
               Article
            
             ,
             in
             these
             words
             :
          
           
             
               That
               the
               Ships
               and
               Uessels
               of
               the
               said
               United
               Provinces
               ,
               as
               well
               Men
               of
               War
               as
               others
               ,
               he
               they
               in
               single
               Ships
               ,
               or
               in
               Fleets
               meeting
               at
               Sea
               with
               any
               of
               the
               Ships
               of
               this
               State
               of
            
             England
             ,
             
               or
               in
               their
               service
               ,
               and
               wearing
               the
               Flagg
               ;
               shall
               strike
               the
               Flagg
               ,
               and
               lower
               their
               Top-sail
               ,
               untill
               they
               be
               passed
               by
               ,
               and
               shall
               likewise
               submit
               themselves
               to
               be
               visited
               if
               thereto
               required
               ,
               and
               perform
               all
               other
               respects
               due
               to
               the
               said
               Common
               Wealth
               of
            
             England
             ,
             
               to
               whom
               the
               Dominion
               and
               Soveraignty
               of
               the
            
             British
             
               Seas
               belong
            
             .
             
          
           
             This
             was
             so
             peremptorily
             demanded
             ,
             that
             without
             the
             
               solemn
               acknowledging
               of
               the
               Soveraignty
               over
               the
               British
               Seas
               ,
            
             there
             was
             no
             Peace
             to
             be
             had
             ;
             that
             as
             to
             the
             
               acknowledging
               of
               the
               Soveraignty
            
             and
             the
             Flag
             ,
             they
             were
             willing
             to
             continue
             
               the
               Antient
               Custom
            
             ,
             but
             that
             of
             Visiting
             was
             somewhat
             hard
             :
             't
             is
             true
             the
             latter
             Clause
             was
             by
             the
             Usurper
             waved
             ,
             
             for
             reasons
             standing
             with
             his
             private
             interest
             ;
             but
             the
             first
             was
             made
             absolute
             ,
             by
             the
             13
             Article
             between
             Him
             
             and
             that
             Republique
             ,
             and
             from
             thence
             it
             was
             transcribed
             to
             the
             10
             Article
             at
             White-Hall
             ,
             and
             afterwards
             into
             the
             
             19
             Article
             at
             Breda
             ,
             and
             from
             thence
             into
             the
             
               6th
               .
               Article
            
             made
             last
             at
             Westm.
             and
             that
             Clause
             of
             searching
             of
             each
             others
             Ships
             made
             reciprocate
             ,
             by
             the
             5
             Article
             made
             in
             the
             
             Marine
             Treaty
             at
             London
             ;
             but
             that
             extends
             not
             to
             Ships
             of
             War
             ,
             but
             only
             the
             Ships
             of
             Subjects
             .
          
           
             X.
             By
             the
             
               British
               Seas
            
             in
             the
             Article
             about
             the
             Flagg
             ,
             are
             meant
             the
             four
             Seas
             ,
             and
             not
             the
             Channel
             only
             ;
             for
             in
             the
             16
             Article
             they
             did
             express
             what
             was
             meant
             by
             the
             
               British
               Seas
            
             .
             †
          
           
             
               That
               the
               Inhabitants
               and
               Subjects
               of
               the
               United
               Provinces
               map
               with
               their
               Ships
               and
               Uessels
               furnished
               as
               Merchant
               Men
               ,
               fréely
               use
               their
               Navigation
               ,
               sail
               pass
               and
               repass
               in
               the
               Seas
               of
            
             Great
             Britain
             and
             Ireland
             ,
             
               and
               the
               Isles
               within
               the
               same
               ,
               commonly
               called
               the
            
             British
             Seas
             ,
             
               without
               any
               wrong
               or
               injury
               to
               be
               offered
               them
               by
               the
               Ships
               or
               People
               of
               this
               Common-wealth
               ;
               but
               on
               the
               contrary
               shall
               be
               treated
               with
               all
               love
               and
               Friendly
               offices
               ,
               and
               may
               likewise
               with
               their
               Men
               of
               War
            
             —
             
             
               not
               excéeding
               such
               a
               number
               as
               shall
               be
               agréed
               upon
               —
               sail
               ,
               pass
               and
               repass
               through
               ,
               the
               said
               Seas
               ,
               to
               and
               from
               the
               Countries
               and
               Ports
               beyond
               them
               ;
               but
               in
               case
               the
               said
            
             States
             General
             
               shall
               have
               occasion
               to
               pass
               through
               the
               said
               Seas
               with
               a
               greater
               number
               of
               Men
               of
               War
               ,
               they
               shall
               give
               thrée
               Months
               notice
               of
               their
               intention
               to
               the
               Common-wealth
               ,
               and
               obtain
               their
               consent
               for
               the
               passing
               of
               such
               a
               Fléet
               ,
               for
               preventing
               of
               Iealousy
               and
               misunderstanding
               betwixt
               the
            
             States
             
               by
               means
               thereof
            
             .
          
           
             The
             first
             part
             of
             this
             Article
             doth
             plainly
             set
             out
             the
             extent
             of
             the
             
               British
               Seas
            
             ,
             and
             that
             it
             is
             not
             the
             bare
             Channel
             alone
             that
             comprehends
             the
             same
             ,
             but
             the
             four
             Seas
             ,
             and
             the
             same
             is
             further
             explained
             in
             the
             Great
             Case
             of
             Constables
             ,
             †
             where
             the
             Dominion
             of
             the
             Queen
             (
             before
             the
             union
             )
             as
             to
             the
             Seas
             ,
             did
             extend
             midway
             between
             England
             and
             Spain
             ;
             but
             entirely
             between
             England
             and
             France
             ;
             for
             the
             French
             never
             had
             any
             right
             or
             claim
             to
             the
             
               British
               Seas
            
             :
             for
             in
             the
             Wars
             between
             
               Edward
               the
               First
            
             and
             
               Philip
               the
               Fair
            
             ,
             (
             all
             Commerce
             on
             both
             sides
             being
             agreed
             to
             be
             free
             ,
             so
             that
             to
             all
             Merchants
             whatsoever
             
             there
             should
             be
             induciae
             ,
             which
             were
             called
             
               sufferantia
               Guerrae
            
             ,
             and
             Judges
             on
             both
             sides
             were
             appointed
             
             to
             take
             cognizance
             of
             all
             things
             done
             against
             these
             Truces
             ,
             and
             should
             exercise
             
               Judicium
               secundum
               Legem
               Mercatoriam
               &
               formam
               sufferantiae
               :
            
             it
             was
             contained
             in
             the
             first
             provision
             of
             that
             League
             ,
             that
             they
             should
             defend
             each
             others
             Rights
             against
             all
             others
             ;
             this
             afterwards
             occasioned
             the
             introducing
             that
             Judgement
             in
             the
             same
             Kings
             time
             ,
             (
             before
             those
             Judges
             ,
             chosen
             by
             both
             the
             said
             Princes
             by
             the
             Proctors
             of
             the
             
               Prelates
               ,
               Nobility
            
             and
             
               High
               Admiral
            
             
             of
             England
             ,
             and
             all
             the
             Cities
             Towns
             and
             Subjects
             of
             
               England
               ,
               &c.
            
             unto
             which
             were
             joyned
             the
             suffrages
             of
             the
             most
             Maritime
             Nations
             ,
             as
             
               Genoa
               ,
               Catalonia
               ,
               Spain
               ,
               Almain
               ,
               Zeland
               ,
               Holland
               ,
               Freisland
               ,
               Denmark
            
             and
             Norway
             ,
             and
             divers
             other
             Subjects
             of
             the
             
               Roman
               Empire
               ,
            
             )
             against
             
               Reginer
               Grimbald
            
             ,
             then
             Admiral
             of
             France
             ,
             for
             that
             there
             being
             Wars
             between
             
               Philip
               King
               of
               France
            
             and
             
               Guy
               Earl
               of
               Flanders
            
             ,
             he
             had
             taken
             Merchants
             upon
             those
             Seas
             ,
             in
             their
             Voyage
             to
             Flanders
             ,
             and
             despoiled
             them
             of
             their
             Goods
             ;
             whereas
             the
             Kings
             of
             England
             and
             their
             Predecessors
             ,
             (
             as
             they
             all
             joyntly
             do
             declare
             and
             affirm
             without
             all
             controversy
             beyond
             the
             memory
             of
             Man
             ,
             )
             have
             had
             the
             
               Supream
               Government
               of
               the
               English
               Seas
               ,
               and
               the
               Islands
               thereof
               .
            
          
           
             
               Praes●…ribendo
               scilicet
               Leges
               Statuta
               atque
               interdicta
               armorum
               ,
               naviumque
               alio
               ac
               Mercatoriis
               ,
               armamentis
               instructarum
               ,
               causationes
               exigendo
               ,
               tutelam
               praebendo
               ,
               ubicunque
               opus
               esset
               ,
               atque
               alio
               constituendo
               quaecunque
               fuerint
               necessaria
               ad
               pacem
               ,
               jus
               &
               equitatem
               conservandam
               inter
               omnimodas
               vates
               tam
               exteras
               quam
               in
               Imperio
               Anglicano
               comprehensas
               quae
               per
               illud
               transierint
               ;
               supremam
               iisdem
               item
               fuisse
               atque
               esse
               tutelam
            
             ;
             
             
               merum
               mixtum
               Imperium
               in
               juredicendo
               secundam
               dictas
               Leges
               Statuta
               praescripta
               &
               interdicta
               ,
               aliisque
               in
               rebus
               quae
               ad
               summum
               Imperium
               attine
               in
               locis
               adjudicatis
               .
            
          
           
             By
             which
             memorable
             Record
             ,
             it
             apparently
             shewes
             that
             the
             Kings
             of
             England
             have
             hand
             
               istud
               regimen
               &
               dominium
               exclusive
            
             of
             the
             King
             of
             France
             bordering
             upon
             the
             same
             Seas
             and
             of
             all
             other
             Kings
             and
             Princes
             whatsoever
             :
             and
             
             it
             was
             there
             adjudged
             that
             Grimbalds
             Patent
             was
             an
             usurpation
             on
             the
             King
             of
             England's
             Dominion
             ,
             and
             he
             adjudged
             to
             make
             satisfaction
             ,
             or
             if
             he
             proved
             unable
             ,
             then
             
             the
             King
             his
             Master
             should
             and
             that
             after
             satisfaction
             he
             rendred
             to
             punishment
             .
          
           
             And
             as
             to
             the
             second
             part
             of
             the
             Articles
             of
             giving
             
             notice
             ,
             it
             was
             but
             an
             Act
             of
             Common
             prudence
             ,
             their
             late
             unexpected
             visit
             which
             they
             then
             gave
             ,
             put
             the
             English
             to
             some
             surprise
             ;
             but
             they
             facing
             the
             Battavian
             ,
             soon
             made
             them
             know
             that
             they
             were
             as
             capable
             of
             beating
             them
             home
             ,
             as
             they
             were
             then
             daring
             in
             coming
             out
             ,
             and
             were
             not
             to
             be
             braved
             out
             of
             a
             Dominion
             and
             Right
             ,
             which
             their
             Ancestors
             had
             with
             so
             much
             glory
             acquired
             and
             asserted
             .
          
           
             XI
             .
             By
             the
             Article
             of
             the
             Offensive
             and
             Defensive
             League
             between
             France
             and
             the
             
               United
               Provinces
            
             ,
             it
             was
             
             agreed
             ,
             That
             if
             at
             any
             time
             the
             
               Dutch
               Fleet
            
             (
             —
             which
             were
             to
             scoure
             the
             
               French
               Coasts
            
             in
             the
             Mediterranean
             from
             
             Pyrats
             )
             should
             at
             any
             time
             meet
             the
             French
             ,
             the
             Admiral
             of
             the
             Dutch
             was
             to
             
               strike
               his
               Flagg
               and
               lower
               his
               Top-Sail
            
             at
             his
             first
             approach
             to
             the
             
               French
               Fleet
            
             ,
             and
             to
             salute
             the
             Admiral
             of
             France
             with
             Guns
             ,
             who
             was
             to
             return
             the
             said
             salute
             by
             Guns
             also
             ,
             
               as
               was
               usual
               when
               the
               Dutch
               and
               English
               Fleet
               did
               meet
               .
            
          
           
             Only
             in
             this
             the
             right
             of
             the
             Flagg
             of
             England
             differs
             from
             that
             claimed
             by
             the
             French
             ;
             for
             if
             there
             had
             been
             a
             failer
             on
             the
             part
             of
             the
             Dutch
             ,
             of
             paying
             that
             respect
             to
             the
             French
             ,
             the
             same
             would
             have
             amounted
             to
             no
             more
             but
             a
             breach
             of
             the
             League
             :
             but
             the
             not
             striking
             to
             the
             King
             of
             
               Englands
               Flagg
               ,
               is
               open
               Rebellion
            
             ;
             and
             the
             Article
             does
             so
             signify
             ,
             for
             it
             is
             there
             mentioned
             as
             a
             Right
             and
             Soveraignty
             ,
             not
             a
             bare
             Dominion
             only
             ,
             like
             that
             of
             Jerusalem
             to
             the
             King
             of
             Spain
             .
          
           
             XII
             .
             The
             Duty
             of
             the
             Flagg
             that
             hath
             been
             so
             constantly
             pay'd
             to
             our
             Ancestors
             ,
             is
             of
             such
             advantage
             to
             the
             continuing
             the
             renown
             of
             this
             Nation
             ,
             that
             it
             serveth
             to
             imprint
             
               new
               reverence
            
             in
             Forreigners
             that
             render
             it
             ,
             and
             adds
             new
             courage
             to
             those
             of
             our
             
               Sea
               Men
            
             that
             exact
             it
             ;
             and
             since
             we
             know
             how
             much
             it
             imports
             a
             State
             that
             it
             be
             
               reverenced
               abroad
            
             ,
             and
             that
             Repute
             is
             the
             principal
             support
             of
             any
             Government
             ,
             it
             equally
             influenceth
             the
             Subjects
             at
             Home
             and
             
               Forreign
               Allies
            
             abroad
             :
             And
             as
             there
             is
             no
             Nation
             in
             the
             World
             more
             tender
             of
             their
             Honour
             then
             the
             English
             ,
             so
             none
             more
             impatiently
             tollerate
             the
             diminution
             thereof
             ,
             with
             what
             resentments
             would
             not
             only
             the
             more
             generous
             and
             Noble
             ,
             but
             even
             the
             Popular
             and
             
               vulgar
               Sea
               Men
            
             detest
             this
             or
             any
             succeeding
             Age
             should
             they
             remit
             or
             loose
             that
             Regality
             ;
             those
             acknowledgements
             which
             their
             Predecessors
             with
             so
             much
             Glory
             asserted
             ,
             and
             the
             neglect
             
             whereof
             was
             alwaies
             punished
             as
             open
             Rebellion
             :
             the
             indignity
             of
             such
             an
             Action
             being
             sufficient
             to
             enflame
             the
             whole
             Kingdom
             ,
             the
             consideration
             of
             which
             besides
             his
             Sacred
             Majesties
             own
             Royal
             inclination
             to
             the
             same
             ,
             and
             his
             evident
             testimonies
             never
             to
             abandon
             a
             ceremony
             of
             so
             high
             a
             concernment
             ;
             witness
             the
             exposing
             the
             one
             half
             of
             his
             own
             heart
             his
             
               Royal
               Highness
            
             ,
             in
             the
             asserting
             the
             same
             ,
             with
             such
             Fleets
             and
             in
             such
             Battles
             ,
             that
             no
             Age
             
             or
             time
             cannot
             shew
             a
             memorial
             of
             the
             like
             ,
             are
             causes
             sufficient
             to
             create
             in
             us
             new
             flames
             of
             love
             to
             those
             
               Royal
               Patriots
            
             and
             Defenders
             of
             our
             
               Rights
               .
               Private
               Persons
            
             move
             in
             another
             sphear
             ,
             and
             act
             by
             other
             Rules
             then
             
               Soveraign
               Powers
            
             ;
             the
             regard
             of
             credit
             with
             them
             ,
             may
             oftentimes
             yield
             to
             those
             of
             utility
             or
             other
             motives
             ;
             the
             Publique
             receives
             little
             injury
             thereby
             ,
             or
             is
             their
             wisdom
             questioned
             for
             such
             punctilio's
             ,
             if
             they
             relinquish
             them
             
             for
             other
             Imoluments
             or
             Peace
             sake
             ;
             but
             Soveraigns
             cannot
             so
             transact
             ,
             their
             subjects
             the
             People
             participate
             in
             their
             Honour
             and
             indignities
             ;
             they
             have
             a
             property
             ,
             a
             direct
             Right
             in
             the
             former
             †
             :
             Soveraignes
             cannot
             alienate
             or
             suffer
             their
             Honours
             to
             be
             impaired
             ,
             because
             it
             is
             not
             
               really
               theirs
            
             ,
             it
             appertains
             
               to
               the
               Nation
            
             universally
             ,
             and
             they
             are
             all
             effectually
             injured
             by
             such
             transactions
             ,
             either
             because
             the
             indignity
             doth
             really
             extend
             
               to
               them
            
             ,
             or
             because
             the
             Government
             and
             Authority
             is
             thereupon
             weakned
             and
             prejudiced
             ,
             which
             is
             the
             greatest
             
               of
               Civil
               detriments
            
             that
             can
             
             befall
             a
             People
             ,
             though
             ordinarily
             they
             are
             not
             aware
             thereof
             .
          
           
             As
             Prudence
             doth
             thus
             distinguish
             betwixt
             the
             demeanor
             of
             Private
             and
             Publique
             Persons
             ,
             so
             doth
             Charity
             it self
             ;
             for
             though
             the
             Gospel
             precepts
             do
             oblidge
             particular
             Persons
             to
             bear
             injuries
             and
             contumelies
             with
             patience
             ,
             and
             to
             surrender
             even
             the
             Coat
             as
             well
             as
             the
             Cloak
             ;
             yet
             is
             not
             this
             so
             to
             be
             construed
             ,
             as
             if
             even
             Private
             Christians
             were
             to
             yield
             up
             their
             
               Civil
               Rights
            
             to
             every
             insolent
             that
             would
             incroach
             upon
             ,
             and
             usurp
             them
             ,
             or
             that
             they
             were
             
             to
             deprive
             themselves
             of
             those
             Reparations
             ,
             which
             the
             Law
             and
             Government
             affords
             them
             ;
             neither
             is
             it
             so
             to
             be
             understood
             as
             if
             the
             
               Civil
               Magistrate
               in
               Christendom
            
             might
             not
             secure
             himself
             of
             that
             obedience
             and
             reverence
             ,
             which
             is
             due
             unto
             dignity
             ,
             but
             
               bear
               the
               Sword
               in
               vain
            
             .
          
           
             XIII
             .
             This
             being
             the
             value
             which
             this
             Nation
             did
             alwaies
             place
             upon
             the
             
               Right
               of
               the
               Flagg
            
             ,
             the
             which
             they
             never
             did
             regard
             it
             only
             as
             a
             Civility
             and
             Respect
             ,
             but
             as
             
               a
               principal
               Testimony
               of
               the
               unquestionable
               Right
               of
               this
               Nation
               to
               the
               Dominion
               and
               superiority
               of
               the
               adjacent
               Seas
               ,
            
             acknowledged
             generally
             by
             all
             the
             Neighbour
             States
             and
             Princes
             of
             Europe
             ,
             and
             must
             be
             pay'd
             and
             ackowledged
             by
             all
             Princes
             in
             the
             World
             ,
             that
             shall
             be
             or
             pass
             on
             the
             same
             .
             
          
           
             The
             
               Maritime
               Dominion
            
             by
             the
             Laws
             of
             England
             were
             alwaies
             accounted
             the
             
               Four
               Seas
            
             ,
             such
             as
             are
             born
             thereon
             ,
             are
             not
             Aliens
             ,
             and
             to
             be
             within
             them
             is
             to
             be
             within
             
             the
             Legeance
             of
             the
             King
             and
             Realm
             of
             England
             .
          
           
             The
             Records
             in
             the
             daies
             of
             
               Edward
               the
               3d.
               and
               Henry
            
             
             
               the
               5th
            
             .
             proclaim
             it
             ,
             that
             those
             Kings
             and
             their
             Progenitors
             had
             ever
             been
             
               Lords
               of
               the
               Seas
            
             :
             and
             amongst
             those
             
             many
             great
             Instances
             of
             proving
             the
             Soveraignty
             of
             the
             same
             ,
             is
             that
             famous
             Record
             of
             
               Edward
               the
               first
            
             and
             
               Phillip
               the
               Fair
               of
               France
            
             ,
             in
             which
             the
             Procurators
             of
             most
             Nations
             Bordering
             upon
             the
             Sea
             thoroughout
             Europe
             ,
             as
             the
             
               Genoeses
               ,
               Catalonians
               ,
               Almaines
               ,
               Zelanders
               ,
               Hollanders
               ,
               Freislanders
               ,
               Danes
            
             and
             Norwygians
             ,
             besides
             others
             under
             the
             Dominion
             of
             the
             
               Roman
               German
               Empire
            
             ,
             where
             all
             joyntly
             declare
             ,
             
               That
               the
               Kings
               of
            
             England
             ,
             
               by
               right
               of
               the
               said
               Kingdom
               from
               time
               to
               time
               ,
               whereof
               there
               is
               no
               memorial
               to
               the
               contrary
               ,
               have
               béen
               in
               peaceable
               possession
               of
               the
               Soveraign
               Lordship
               of
               the
               Seas
               of
            
             England
             ,
             
               and
               of
               the
               ●…es
               within
               the
               same
               ,
               with
               power
               of
               making
               and
               establishing
               Laws
               ,
               Statutes
               and
               Prohibitions
               of
               Arms
               ,
               and
               of
               Ships
               otherwise
               furnished
               then
               Merchant
               Men
               use
               to
               be
               ,
               and
               of
               taking
               surety
               ,
               and
               affording
               safe-guard
               in
               all
               cases
               where
               néed
               shall
               require
               ,
               and
               of
               ordering
               all
               things
               necessary
               for
               the
               maintaining
               of
               Peace
               ,
               Right
               and
            
             
             
               Equity
               among
               all
               manner
               of
               People
               ,
               as
               well
               of
               other
               Dominions
               ,
               as
               their
               own
               passing
               through
               the
               said
               Seas
               ,
               and
               the
               Soveraign
               Guard
               thereof
               .
            
          
           
             By
             which
             it
             plainly
             appears
             ,
             That
             the
             King
             of
             England
             had
             then
             been
             in
             peaceable
             possession
             of
             the
             said
             Dominion
             
             by
             immemorial
             prescription
             ,
             that
             the
             Soveraignty
             belongeth
             unto
             them
             not
             because
             they
             were
             
               Domini
               utriusque
               ripas
               ,
            
             )
             when
             they
             had
             both
             England
             and
             Normandy
             ,
             and
             were
             Lords
             of
             both
             shores
             ;
             (
             for
             
               Edward
               the
               first
            
             at
             that
             time
             had
             not
             Normandy
             )
             but
             that
             it
             is
             inseparably
             appendant
             
             and
             annexed
             to
             the
             Kingdom
             of
             England
             ,
             our
             Kings
             being
             
               Superior
               Lords
               of
               the
               said
               Seas
               ,
            
             by
             reason
             (
             as
             the
             very
             Record
             mentions
             )
             of
             the
             said
             Kingdom
             ,
             and
             since
             that
             the
             Soveraignty
             of
             the
             Sea
             did
             alwaies
             appertain
             unto
             the
             
               English
               King
            
             ,
             not
             in
             any
             
               other
               Right
               then
               that
               of
               the
               Kingdom
               of
               England
            
             ;
             no
             Prince
             or
             Republique
             ought
             or
             can
             doubt
             the
             Tittle
             by
             which
             our
             present
             claim
             is
             deduced
             ;
             't
             is
             in
             right
             of
             Britannia
             ,
             that
             the
             same
             is
             challenged
             ,
             't
             was
             in
             that
             right
             the
             Romans
             held
             it
             :
             the
             claim
             justified
             Ed.
             3.
             and
             his
             
               Rose
               Noble
            
             ;
             though
             there
             are
             other
             reasons
             regarding
             to
             the
             Lancastrian
             Line
             ,
             which
             yield
             a
             Colour
             for
             the
             use
             of
             the
             Port-cullis
             in
             the
             
               Roal
               Banners
            
             of
             England
             ;
             yet
             as
             in
             reference
             to
             the
             
               Maritime
               Dominion
               Henry
               8th
            
             .
             did
             embellish
             his
             
               Navy
               Royal
            
             therewith
             ,
             and
             
               Queen
               Elizabeth
            
             stamped
             it
             upon
             those
             Dollars
             which
             she
             designed
             for
             the
             
               East
               India
            
             Trade
             ,
             signifying
             her
             Power
             
             of
             shutting
             up
             the
             Seas
             ,
             if
             she
             thought
             fit
             (
             as
             by
             a
             Port-cullis
             )
             with
             the
             
               Navy
               Royal
            
             ;
             this
             Dominion
             of
             the
             
               British
               Seas
            
             did
             Authenticate
             the
             Proclamation
             of
             King
             James
             ,
             ordaining
             the
             Flemish
             at
             London
             and
             Edinborough
             to
             take
             licence
             to
             Fish
             ,
             this
             justified
             the
             like
             Proclamation
             
             by
             the
             late
             
               Royal
               Martyr
               King
               Charles
            
             ,
             and
             warranted
             by
             the
             
               Earl
               of
               Northumberland
            
             in
             his
             Naval
             Expedition
             .
             
          
           
             That
             Prescription
             is
             valid
             against
             the
             claims
             of
             Soveraign
             Princes
             cannot
             be
             deny'd
             ,
             by
             any
             who
             regard
             the
             Holy
             
             
               Scripture
               ;
               reason
            
             ,
             the
             practise
             and
             tranquillity
             of
             the
             World
             :
             and
             that
             true
             it
             is
             ,
             the
             modern
             Dutch
             have
             pretended
             ,
             if
             not
             dared
             ,
             to
             challenge
             the
             Freedom
             to
             Fish
             in
             the
             British
             
             Seas
             ,
             by
             Prescription
             ;
             but
             it
             is
             likewise
             as
             true
             that
             Prescription
             depends
             not
             upon
             the
             Corporeal
             but
             the
             Civil
             possession
             ,
             and
             that
             is
             retained
             if
             claim
             ,
             be
             but
             made
             so
             often
             
             as
             to
             
               barr
               the
               Prescription
            
             ,
             the
             which
             hath
             been
             alwaies
             made
             evident
             ;
             first
             by
             frequent
             Medals
             ,
             next
             by
             punishing
             those
             that
             refused
             it
             as
             Rebels
             ,
             by
             guarding
             it
             of
             it
             ;
             and
             lastly
             by
             giving
             Laws
             time
             out
             of
             mind
             on
             it
             ,
             which
             evidently
             proves
             that
             the
             Civil
             possession
             is
             not
             relinquished
             ;
             &
             our
             Kings
             constantly
             claiming
             the
             Dominion
             of
             the
             same
             ,
             none
             else
             pretending
             ,
             all
             Nations
             acknowledging
             it
             to
             be
             in
             them
             ,
             and
             the
             same
             never
             questioned
             ,
             till
             those
             modern
             Dutch
             (
             of
             yesterday
             )
             arose
             .
          
           
             XIV
             .
             The
             importance
             of
             the
             Dominion
             of
             the
             Sea
             unto
             this
             Nation
             ,
             is
             very
             great
             ,
             for
             alone
             on
             that
             depends
             our
             Security
             ,
             our
             Wealth
             ,
             our
             Glory
             ;
             from
             hence
             it
             is
             that
             England
             hath
             a
             Right
             to
             all
             those
             advantages
             and
             emoluments
             ,
             which
             the
             Venetian
             Republique
             draws
             from
             the
             
               Adriatique
               Sea
            
             ,
             where
             the
             Ships
             of
             the
             
               Grand
               Seignior
            
             ,
             of
             the
             Emperor
             ,
             King
             of
             Spain
             ,
             and
             Pope
             ,
             pay
             Customs
             ,
             to
             maintain
             those
             Fleets
             ,
             which
             give
             Laws
             to
             them
             within
             the
             Gulfe
             ,
             't
             is
             hereby
             that
             the
             English
             can
             shut
             up
             or
             open
             these
             Seas
             for
             Ships
             or
             Fleets
             to
             pass
             or
             repass
             them
             ;
             whereto
             Queen
             Elizabeth
             had
             so
             special
             a
             regard
             ,
             that
             when
             the
             King
             of
             Denmark
             and
             the
             Hansiatique
             Towns
             sollicited
             her
             Majesty
             to
             permit
             them
             free
             passage
             ,
             they
             transporting
             Corn
             into
             Spain
             ,
             she
             refused
             them
             ;
             and
             when
             a
             
               Protestant
               Fleet
            
             of
             Hamburgers
             and
             
             others
             ,
             had
             presumed
             to
             do
             so
             notwithstanding
             her
             prohibition
             ,
             she
             caused
             her
             
               Navy
               Royal
            
             to
             seize
             ,
             take
             ,
             burn
             
             and
             spoil
             them
             ,
             when
             they
             were
             passed
             her
             Maritime
             Territory
             ,
             within
             sight
             of
             Lisbon
             ;
             yielding
             this
             reason
             for
             her
             justification
             ,
             that
             they
             not
             only
             relieved
             her
             Enemy
             with
             provisions
             ,
             but
             
               had
               presumptuously
               made
               use
               of
               her
               Seas
               ,
               without
               obtaining
               her
               Royal
               Permission
               for
               so
               doing
               :
            
             't
             is
             from
             hence
             that
             the
             Crown
             of
             England
             can
             justly
             demand
             an
             account
             of
             any
             Ship
             or
             Ships
             occurring
             in
             those
             Seas
             ,
             what
             's
             their
             Business
             ,
             and
             what
             their
             intentions
             are
             ;
             and
             prohibite
             any
             Prince
             or
             Reipublique
             ,
             to
             enter
             there
             with
             potent
             Fleets
             ,
             without
             praeacquainting
             his
             Majesty
             and
             obtaining
             his
             Royal
             Permission
             ;
             without
             which
             Dominion
             and
             Soveraignty
             ,
             England
             can
             never
             live
             secure
             on
             shore
             ,
             it
             being
             easy
             for
             any
             Forreign
             Fleets
             to
             amuse
             us
             with
             specious
             pretenses
             ,
             and
             in
             their
             passage
             to
             invade
             and
             surprise
             us
             :
             Thus
             whilst
             the
             Turk
             pretended
             to
             sail
             for
             Malta
             ,
             he
             occasionally
             possessed
             himself
             of
             Canea
             ,
             
             in
             the
             Isle
             of
             Candia
             ;
             many
             such
             presidents
             do
             occur
             in
             History
             :
             And
             in
             fear
             of
             such
             surprizal
             ,
             the
             Athenians
             
             (
             being
             Lords
             at
             Sea
             )
             did
             exclude
             the
             Persian
             Monarchs
             from
             sending
             any
             Ships
             of
             War
             into
             any
             part
             of
             the
             Aegean
             Sea
             ,
             
               Rhodian
               ,
               Carpathian
            
             and
             Lydian
             Seas
             ,
             and
             that
             which
             tends
             to
             the
             West
             ,
             towards
             Athens
             ;
             the
             like
             caution
             was
             used
             by
             the
             Romans
             against
             Antiochus
             and
             the
             Carthaginians
             ;
             and
             the
             Turk
             prohibits
             all
             Nations
             ,
             saving
             his
             Vassals
             ,
             to
             enter
             the
             
               Black
               Sea
            
             or
             
               Pontus
               Euxinus
            
             ,
             and
             also
             the
             
               Red
               Sea
            
             ;
             and
             that
             't
             is
             by
             virtue
             and
             force
             
             of
             this
             right
             that
             the
             
               British
               Nation
            
             can
             drive
             on
             their
             own
             Commerce
             ,
             navigate
             themselves
             ,
             and
             permit
             others
             securely
             to
             trade
             with
             them
             ;
             't
             is
             true
             that
             the
             Dutch
             have
             presumed
             some
             years
             since
             ,
             to
             violate
             the
             security
             of
             the
             
               British
               Seas
            
             ,
             by
             the
             attacking
             the
             Allies
             of
             England
             ,
             not
             only
             within
             the
             
               British
               Seas
            
             ,
             but
             in
             her
             Harbours
             ,
             attempting
             to
             pursue
             a
             French
             Vessel
             up
             almost
             to
             London
             ,
             and
             have
             more
             then
             once
             *
             attacqued
             the
             Spanish
             Fleets
             in
             her
             Ports
             ,
             under
             the
             protection
             of
             her
             Castles
             ,
             and
             that
             against
             the
             
               Laws
               of
               Nations
            
             ,
             and
             the
             
               Peace
               of
               Ports
            
             ,
             in
             which
             for
             the
             time
             they
             seemed
             to
             cloud
             the
             Honour
             of
             the
             Nation
             ,
             but
             satisfaction
             for
             indignities
             of
             that
             nature
             ,
             though
             slow
             ,
             yet
             are
             sure
             ,
             and
             should
             such
             as
             those
             have
             been
             longer
             tollerated
             :
             Beloved
             Britannia
             must
             become
             a
             prostitute
             ,
             by
             a
             Confederation
             of
             those
             States
             ,
             or
             take
             Pass-ports
             for
             her
             Commerce
             ;
             But
             the
             
               Royal
               Martyrs
            
             goodness
             was
             no
             longer
             to
             be
             trod
             on
             ,
             his
             Heart
             and
             his
             Cause
             were
             good
             ,
             and
             though
             those
             unhappy
             times
             (
             which
             were
             crooked
             to
             whatsoever
             seem'd
             straight
             )
             did
             hinder
             the
             accomplshiments
             of
             his
             entire
             intention
             for
             satisfaction
             ;
             yet
             those
             whom
             the
             just
             God
             of
             Heaven
             was
             pleased
             for
             a
             time
             to
             permit
             as
             a
             punishment
             to
             this
             Nation
             to
             rule
             ,
             did
             not
             want
             in
             the
             fulfilling
             ;
             for
             so
             soon
             as
             he
             was
             pleased
             to
             stay
             the
             fury
             of
             the
             
               Intestine
               Sword
            
             ,
             their
             hearts
             took
             fire
             from
             that
             flame
             that
             had
             formerly
             been
             kindled
             in
             that
             
               Royal
               Brest
            
             ,
             and
             having
             prepared
             a
             Fleet
             ,
             in
             order
             to
             the
             treating
             as
             Souldiers
             with
             Swords
             in
             their
             hands
             ,
             they
             were
             in
             the
             like
             manner
             assaulted
             
             in
             their
             Territories
             in
             the
             Downes
             ;
             (
             but
             the
             Dutch
             found
             then
             what
             it
             was
             (
             though
             two
             for
             one
             )
             to
             assault
             a
             
               British
               Lyon
            
             at
             the
             mouth
             of
             his
             
               Den
               ,
            
             )
             intending
             ,
             if
             possible
             ,
             to
             have
             destroyed
             the
             
               English
               Power
            
             ,
             but
             were
             frustrated
             in
             
             their
             design
             ,
             being
             severely
             beaten
             home
             to
             their
             own
             doo●…●…d
             afterwards
             those
             that
             then
             had
             got
             the
             
             English
             ●…d
             in
             their
             hands
             ,
             begun
             to
             consider
             that
             the
             
             Vict●…y
             ●…ust
             be
             pursued
             ,
             as
             a
             season
             fit
             to
             assert
             their
             Antien●…●…ight
             and
             Soveraignty
             of
             the
             Sea
             ,
             and
             then
             those
             people
             thinking
             that
             the
             odds
             before
             was
             not
             enough
             to
             destroy
             the
             
               Bri●…
               Fleet
            
             ,
             they
             equipt
             out
             a
             Fleet
             greater
             and
             far
             more
             numerous
             then
             the
             English
             ,
             under
             the
             
               Admirals
               Van
               Trump
               ,
               De
               Witt
               ,
            
             the
             two
             Evertsons
             ,
             and
             Ruyter
             ;
             but
             they
             suffered
             the
             same
             fate
             as
             their
             former
             ,
             about
             some
             34
             
               of
               their
               Ships
            
             on
             the
             Coast
             of
             Flanders
             ,
             burnt
             and
             
             taken
             ,
             and
             the
             rest
             chased
             home
             to
             their
             Ports
             ;
             and
             not
             long
             after
             followed
             the
             total
             defeat
             of
             their
             
               Naval
               forces
            
             ,
             
             accompanied
             with
             the
             death
             of
             
               Van
               Trump
            
             by
             the
             English
             ,
             under
             the
             
               Admirals
               Blake
            
             and
             Monk
             ,
             who
             had
             sunk
             and
             fired
             about
             30
             
               more
               of
               their
               Ships
               of
               War
            
             (
             no
             quarter
             being
             given
             till
             the
             end
             of
             the
             Bataill
             )
             six
             Captains
             ,
             and
             about
             a
             thousand
             Men
             were
             taken
             prisoners
             ,
             and
             about
             six
             thousand
             slain
             of
             their
             Presomptions
             :
             since
             (
             amongst
             other
             things
             )
             in
             denying
             the
             duty
             of
             the
             Flagg
             ,
             and
             of
             what
             punishment
             and
             check
             they
             have
             had
             for
             the
             same
             ,
             to
             what
             condition
             they
             have
             been
             reduced
             and
             made
             ,
             to
             acknowledge
             
               that
               Dominion
               and
               Superiority
            
             ,
             to
             that
             Crown
             (
             under
             which
             their
             Ancestors
             humbly
             †
             besought
             the
             acceptance
             of
             the
             Soveraignty
             of
             the
             Netherlands
             ,
             might
             be
             annexed
             and
             protected
             )
             is
             now
             fresh
             in
             our
             memories
             ,
             so
             high
             and
             of
             so
             great
             Importance
             is
             this
             Dominion
             and
             Soveraignty
             signified
             by
             the
             
               Duty
               of
               the
               Flagg
               in
               the
               British
            
             circumjacent
             Seas
             .
          
        
         
           
           
             CHAP.
             VI.
             
               Of
               the
               Right
               of
               Pressing
               or
               seizing
               of
               Ships
               or
               Mariners
               ,
               for
               service
               publique
               .
            
          
           
             
               
                 
                   I.
                   That
                   such
                   Right
                   is
                   excepted
                   in
                   the
                   Law
                   of
                   Dominion
                   .
                
                 
                   II.
                   Whether
                   the
                   Ships
                   of
                   Nations
                   who
                   are
                   in
                   war
                   at
                   the
                   same
                   time
                   may
                   be
                   pressed
                   ,
                   the
                   danger
                   being
                   equal
                   .
                
                 
                   III.
                   Whether
                   this
                   Right
                   extends
                   to
                   Ships
                   to
                   fight
                   ,
                   and
                   no
                   ●…more
                   ,
                   or
                   gives
                   a
                   power
                   to
                   trade
                   .
                
                 
                   IV.
                   By
                   the
                   Laws
                   of
                   England
                   the
                   King
                   may
                   seize
                   .
                
                 
                   V.
                   The
                   reason
                   why
                   such
                   power
                   was
                   ves●…ed
                   in
                   the
                   Admiral
                   .
                
                 
                   VI.
                   That
                   such
                   a
                   right
                   of
                   compelling
                   Men
                   to
                   serve
                   in
                   Naval
                   Expeditions
                   may
                   be
                   .
                
                 
                   VII
                   Objections
                   legal
                   refuted
                   .
                
                 
                   VIII
                   .
                   Of
                   the
                   antient
                   punishment
                   of
                   such
                   deserters
                   of
                   the
                   Kings
                   service
                   .
                
                 
                   IX
                   .
                   Whether
                   it
                   be
                   lawful
                   for
                   a
                   private
                   Man
                   to
                   execute
                   Justice
                   on
                   such
                   as
                   fly
                   and
                   desert
                   the
                   service
                   .
                
                 
                   X.
                   Where
                   a
                   General
                   Commission
                   is
                   given
                   to
                   Men
                   to
                   execute
                   Justice
                   .
                
              
            
          
           
             I.
             THe
             
               Civil
               Law
            
             ,
             though
             it
             can
             command
             nothing
             which
             the
             
               Law
               of
               Nature
            
             forbids
             ,
             nor
             forbid
             what
             it
             commands
             ;
             nevertheless
             it
             may
             circumscribe
             natural
             liberty
             ,
             and
             prohibite
             what
             was
             naturally
             lawful
             :
             and
             also
             by
             its
             force
             antevert
             that
             very
             Dominion
             ,
             which
             is
             naturally
             to
             be
             acquired
             :
             Hence
             it
             is
             that
             Princes
             by
             the
             Law
             of
             Nations
             may
             acquire
             a
             Right
             of
             use
             ,
             of
             things
             that
             do
             belong
             to
             private
             Persons
             ,
             for
             property
             hath
             not
             (
             as
             hath
             been
             said
             )
             swallow'd
             up
             all
             that
             Right
             ,
             which
             rose
             from
             the
             Common
             State
             of
             things
             ;
             for
             as
             all
             Laws
             are
             to
             be
             construed
             as
             neer
             as
             possible
             to
             the
             intention
             of
             the
             Makers
             ,
             so
             we
             must
             consider
             what
             was
             the
             mind
             of
             those
             that
             first
             introduced
             singular
             Dominions
             ;
             now
             the
             Rule
             to
             construe
             that
             ,
             must
             be
             as
             neer
             as
             possible
             to
             
             naturall
             equity
             ,
             and
             that
             in
             extream
             necessity
             that
             old
             right
             of
             using
             things
             should
             revive
             as
             if
             the
             things
             had
             remained
             common
             ,
             the
             same
             standing
             with
             the
             interest
             of
             all
             humane
             constitutions
             ;
             and
             therefore
             in
             the
             Law
             of
             Dominion
             extream
             necessity
             seems
             excepted
             :
             Hence
             it
             is
             that
             the
             Vessels
             and
             Ships
             of
             what
             nature
             or
             Nation
             soever
             *
             that
             shall
             be
             found
             riding
             in
             the
             Port
             or
             Havens
             of
             any
             Prince
             or
             State
             ,
             may
             be
             seized
             on
             ,
             and
             imploy'd
             upon
             any
             
             service
             of
             that
             Soverain
             that
             shall
             seize
             ,
             the
             same
             being
             but
             a
             harmless
             utility
             not
             divesting
             the
             Owners
             of
             their
             inte●…●…r
             property
             .
          
           
             II.
             If
             a
             Ship
             of
             the
             King
             of
             Denmark
             be
             in
             the
             Port
             of
             London
             ,
             and
             the
             Swede
             is
             in
             War
             with
             that
             Prince
             ;
             and
             it
             happens
             at
             that
             time
             the
             King
             of
             Britain
             is
             in
             War
             with
             the
             Spaniard
             ,
             now
             the
             possessor
             is
             here
             pressed
             with
             an
             equal
             necessity
             ,
             and
             by
             the
             same
             argument
             is
             rather
             obliged
             to
             the
             defense
             of
             his
             own
             Country
             then
             another
             ,
             whether
             by
             the
             Law
             of
             Nations
             the
             Ship
             ought
             to
             be
             detained
             ,
             hath
             been
             doubted
             ;
             most
             certain
             they
             may
             ,
             who
             
             would
             not
             pluck
             a
             Shipwrackt
             Man
             from
             his
             planck
             ?
             or
             a
             wounded
             Man
             from
             his
             horse
             ,
             rather
             then
             suffer
             himself
             to
             perish
             ;
             to
             slight
             which
             is
             a
             sin
             ,
             and
             to
             preserve
             the
             highest
             of
             wisdom
             ;
             besides
             in
             the
             taking
             of
             the
             Vessel
             the
             right
             is
             not
             taken
             from
             the
             Owner
             ,
             but
             only
             the
             use
             ,
             which
             when
             the
             necessity
             is
             over
             there
             is
             a
             condition
             of
             restoring
             annexed
             tacitly
             to
             such
             a
             seizure
             .
          
           
             *
             And
             doubtless
             the
             same
             right
             remains
             to
             seize
             the
             
               Ships
               of
               War
            
             of
             any
             Nations
             ,
             as
             well
             as
             those
             of
             Private
             interrest
             ,
             the
             which
             may
             be
             imploy'd
             as
             occasion
             shall
             be
             present
             :
             So
             the
             Grecians
             seized
             on
             Ships
             of
             all
             Nations
             that
             were
             in
             Ports
             ,
             by
             the
             advice
             of
             Xenophon
             ;
             but
             in
             the
             time
             provided
             food
             and
             wages
             to
             the
             Mariners
             .
          
           
             III.
             Whether
             this
             Right
             extends
             so
             far
             as
             to
             give
             Princes
             a
             power
             to
             seize
             in
             order
             to
             traffique
             ,
             may
             be
             some
             question
             ;
             certainly
             if
             the
             traffique
             be
             for
             such
             commodities
             as
             Masts
             ,
             Timber
             ,
             Tar
             ,
             Powder
             ,
             shot
             or
             other
             commodities
             
             or
             accoutrements
             of
             Armes
             ,
             or
             Naval
             provisions
             of
             offence
             necessary
             for
             the
             defence
             of
             the
             Realm
             ,
             it
             may
             be
             done
             (
             but
             then
             it
             is
             just
             ,
             fraight
             *
             should
             be
             pay'd
             )
             for
             what
             hurt
             can
             it
             do
             me
             to
             let
             another
             my
             Boat
             to
             pass
             over
             a
             ford
             ,
             if
             he
             rewards
             me
             ?
             and
             if
             that
             be
             answered
             ,
             the
             Owners
             are
             at
             no
             prejudice
             ,
             for
             this
             is
             but
             a
             harmeless
             utility
             .
          
           
             IV.
             By
             the
             Laws
             of
             England
             there
             is
             no
             question
             ,
             but
             
             the
             King
             may
             seize
             ,
             and
             it
             appears
             by
             very
             many
             antient
             Records
             ,
             that
             he
             might
             do
             it
             ;
             and
             it
             was
             one
             of
             the
             Articles
             of
             enquiry
             amongst
             others
             ,
             
               Item
               ,
               soit
               in
               quis
               de
               Neifs
               qui
               sont
               arrestez
               pour
               le
               service
               du
               Roy
               ou
               de
               l'Admiral
               ,
               &
               debreissant
               le
               Arrest
               ,
            
             then
             follows
             ,
             
               Ordonne
               estoit
               en
               temps
               du
               Roy
               Richard
               le
               primier
               a
               Grimsby
               per
               advise
            
             
             
               de
               plusteurs
               Seigneurs
               du
               Royaume
               ,
               que
               quand
               Neifs
               seront
               arrestez
               ,
               &c.
            
             and
             that
             upon
             such
             Arrests
             broken
             ,
             the
             parties
             might
             be
             punished
             and
             fined
             .
          
           
             Again
             ,
             
               Inquiratur
               si
               arrestatus
               ,
               ad
               serviendum
               Regi
               fregit
            
             
             
               arrestum
               ,
               hujusmodi
               transgressor
               stat
               in
               gratia
               Regia
               sive
               Admiralli
               sui
               ultrum
               voluerint
               committere
               Carceribus
               mancipandum
               vel
               finem
               facere
               ,
               in
               hac
               parte
               si
               arrestum
               hujusmodi
               factum
               manifestum
               fuerit
               cognitum
               .
            
          
           
             If
             the
             Admiral
             by
             the
             Kings
             Command
             arrests
             any
             Ships
             for
             the
             Kings
             service
             ,
             and
             he
             or
             his
             Livetenant
             return
             and
             certify
             the
             Arrest
             or
             a
             List
             of
             the
             Ships
             arrested
             ,
             into
             
             Chancery
             ,
             no
             Master
             or
             Owner
             of
             the
             Ships
             so
             arrested
             shall
             be
             received
             to
             plead
             against
             the
             return
             ,
             
               pur
               ceo
               que
               l'Admiral
               &
               son
               Lieu●…enant
               sont
               de
               Record
               .
            
          
           
             And
             if
             the
             Ship
             so
             arrested
             ,
             break
             the
             arrest
             ,
             and
             the
             Master
             or
             Owner
             thereof
             be
             indicted
             and
             convicted
             
               devant
               l'Admiral
            
             ,
             by
             the
             Oath
             of
             12
             Men
             ,
             the
             Ship
             shall
             be
             confiscate
             to
             the
             King
             ,
             which
             power
             the
             General
             maintains
             in
             all
             places
             where
             he
             has
             power
             ,
             and
             the
             same
             seems
             
             to
             be
             provided
             for
             in
             the
             latter
             
               Clause
               of
            
             15
             R.
             2.
             
             Ca.
             3.
             
          
           
             King
             Ethelred
             ,
             his
             Bishops
             and
             Nobles
             in
             the
             General
             Councel
             of
             
               Enham
               an
            
             .
             1009
             ,
             for
             the
             setting
             out
             a
             Fleet
             every
             year
             ;
             and
             the
             punishment
             of
             those
             who
             hurt
             or
             
             spoiled
             any
             Ship
             ,
             or
             deserted
             the
             service
             ,
             especially
             if
             the
             King
             was
             present
             in
             the
             Expedition
             ;
             amongst
             others
             it
             was
             enacted
             ,
             
               Si
               quis
               Navem
               in
               Reipub.
               expeditionem
               designatam
               vitiaverit
               ,
               damnum
               integre
               restitutio
               &
               Pacem
               Regis
               violatam
               compensato
               ;
               si
               verum
               ita
               prorsus
               coruperit
               ,
               ut
               deinceps
               nihili
               habeatur
               :
               plenam
               luito
               injuriam
               &
               laesam
               praeterea
               Majestatem
               ,
            
             So
             Sir
             
               Henry
               Spelmans
            
             Version
             out
             of
             the
             Saxon
             Copy
             renders
             it
             ,
             but
             the
             antient
             Copy
             hath
             it
             more
             largely
             .
          
           
             
               Naves
               per
               singulos
               annos
               ob
               pa●…ae
               defensionem
               &
               munitionem
            
             
             
               praeparentur
               ,
               postque
               Sacrosanctum
               Pascha
               cum
               cunctis
               utensilibus
               competentibus
               simul
               congregentur
               ;
               qua
               igitur
               etiam
               poena
               digni
               sunt
               ,
               qui
               Navium
               detrimentum
               in
               aliquibus
               perficiunt
               :
               notum
               esse
               cupimus
               ,
               quicunque
               aliquam
               ex
               Navibus
               per
               quampiam
               inertiam
               vel
               incuriam
               ,
               vell
               negligentiam
               corruperit
               ,
               &
               tamen
               recuperabilis
               sit
               ;
               is
               Navis
               corruptelam
               vel
               fracturam
               ejusdem
               per
               solidam
               prius
               recuperet
               ,
               Regique
               deinde
               ,
               eaque
               pro
               ejusdem
               munitionis
               fractura
               ,
               sibimet
               pertenent
               rite
               persolvat
               .
            
          
           
           
             Most
             certain
             it
             is
             ,
             that
             the
             Kings
             of
             England
             ,
             have
             in
             all
             Ages
             by
             their
             Writs
             and
             Patents
             ,
             commanded
             not
             only
             the
             Admiral
             ,
             but
             the
             Wardens
             of
             the
             
               Cinque
               Ports
            
             and
             others
             ,
             to
             arrest
             and
             provide
             Ships
             of
             War
             and
             other
             Vessels
             ,
             and
             impress
             and
             provide
             Masters
             of
             Ships
             ,
             Sea
             Men
             Mariners
             ,
             
             and
             all
             other
             necessary
             Tackle
             .
             Arms
             and
             provisions
             for
             Ships
             ,
             for
             the
             defense
             of
             the
             Sea
             and
             the
             Realm
             against
             forreign
             Enemies
             ,
             or
             for
             transporting
             of
             Armies
             paying
             their
             freight
             (
             if
             not
             bound
             there
             by
             tenure
             )
             as
             well
             as
             to
             elect
             and
             provide
             all
             sorts
             of
             Souldiers
             ,
             Carpenters
             and
             others
             Officers
             to
             be
             assistants
             in
             their
             several
             Expeditions
             .
          
           
             But
             Firshermen
             or
             Mariners
             pressed
             for
             the
             Service
             ,
             are
             
             not
             to
             be
             imploy'd
             as
             Souldiers
             ,
             but
             only
             as
             Mariners
             ;
             unless
             it
             be
             in
             cas●…s
             of
             great
             necessity
             ,
             or
             bound
             thereunto
             ,
             by
             tenure
             ,
             Custom
             or
             Covenant
             .
          
           
             And
             Water-Men
             that
             shall
             withdraw
             themselves
             in
             
             time
             of
             pressing
             ,
             shall
             suffer
             a
             fortnights
             imprisonment
             ,
             and
             be
             prohibited
             to
             row
             on
             the
             Thames
             .
          
           
             V.
             The
             reason
             why
             the
             Admirals
             had
             such
             power
             given
             them
             ,
             was
             because
             they
             being
             sometimes
             called
             Capitanei
             ,
             and
             
               Gubernatores
               Flotarum
            
             ;
             they
             had
             their
             ordering
             and
             Governing
             of
             the
             Ships
             of
             War
             ,
             and
             the
             raising
             and
             fitting
             up
             such
             Ships
             for
             the
             Navies
             ,
             as
             they
             thought
             fit
             ;
             other
             times
             called
             
               Custodes
               Maritimarum
               partium
            
             their
             duty
             being
             to
             provide
             all
             Naval
             provisions
             ,
             as
             well
             to
             supply
             the
             Kings
             Navies
             occasions
             ,
             as
             to
             gratify
             another
             of
             the
             Kings
             Friends
             when
             distress
             should
             constrain
             them
             to
             touch
             in
             his
             Ports
             ,
             that
             his
             Subjects
             might
             receive
             the
             like
             retaliation
             :
             again
             they
             were
             called
             
               Capitanei
               Nautarum
            
             ,
             
             
               &
               Marinellorum
            
             ;
             as
             in
             reference
             for
             the
             deciding
             all
             differences
             amongst
             those
             in
             the
             Kings
             service
             ,
             and
             punishing
             of
             such
             as
             transgressed
             ;
             and
             as
             the
             place
             was
             great
             ,
             so
             the
             power
             was
             large
             ,
             especially
             in
             all
             things
             belonging
             to
             the
             Navy-Royall
             ,
             in
             which
             they
             had
             the
             Supream
             rule
             and
             Government
             in
             all
             things
             belonging
             to
             it
             .
             He
             sate
             formerly
             in
             the
             Kings
             House
             ,
             and
             there
             kept
             his
             Court
             ,
             as
             the
             
               French
               Admirals
            
             do
             at
             this
             day
             at
             the
             Marble-Table
             ,
             in
             the
             Kings
             House
             at
             Paris
             .
          
           
             It
             is
             lawful
             for
             every
             Man
             to
             addict
             and
             yield
             up
             himself
             to
             whom
             he
             pleaseth
             ,
             as
             appears
             both
             out
             of
             the
             
             Hebrew
             Law
             and
             Roman
             Law
             ;
             why
             then
             may
             not
             any
             
             people
             being
             at
             their
             own
             dispose
             ,
             give
             up
             themselves
             to
             their
             Prince
             or
             Soveraign
             ;
             so
             as
             to
             transcribe
             the
             right
             of
             commanding
             their
             aide
             and
             help
             ,
             as
             often
             as
             need
             shall
             require
             (
             it
             is
             not
             here
             inquired
             what
             may
             be
             presumed
             in
             a
             doubtful
             case
             ,
             but
             what
             may
             be
             done
             in
             point
             of
             right
             ,
             )
             most
             certain
             such
             a
             power
             may
             well
             be
             done
             ,
             and
             that
             grounded
             on
             great
             reason
             ;
             first
             if
             the
             Common-wealth
             should
             happen
             to
             be
             invaded
             by
             such
             a
             one
             as
             seeks
             not
             only
             the
             subversion
             of
             the
             Government
             but
             the
             destruction
             of
             the
             people
             ,
             and
             they
             can
             find
             no
             other
             way
             to
             preserve
             themselves
             ,
             but
             that
             the
             supream
             power
             should
             be
             vested
             with
             such
             such
             a
             Prerogative
             ,
             as
             to
             inforce
             or
             presse
             the
             Inhabitants
             to
             serve
             in
             Armes
             in
             the
             defence
             of
             the
             same
             ,
             and
             the
             contempt
             of
             which
             to
             punish
             ,
             or
             if
             they
             should
             be
             opprest
             with
             want
             ,
             and
             that
             supplies
             of
             provisions
             can
             no
             waies
             be
             had
             ,
             but
             by
             compelling
             another
             by
             force
             to
             exhibite
             the
             common
             offices
             of
             humanity
             to
             a
             Nation
             in
             whose
             Territories
             a
             famine
             rages
             ,
             that
             the
             Inhabitants
             should
             on
             such
             extraordinary
             occasions
             be
             compelled
             by
             force
             to
             serve
             in
             Armes
             .
          
           
             And
             this
             Dominion
             may
             be
             obtained
             several
             waies
             ,
             either
             by
             a
             voluntary
             resignation
             to
             a
             Conqueror
             as
             they
             of
             Capua
             to
             the
             
               Romanes
               ▪
               Our
               Land
               ,
               the
               Temples
               of
               our
               Gods
               ,
               all
               Divine
               and
               humane
               things
               ,
               we
               yield
               up
               into
               your
               hands
               ,
               O
               ye
               Conscript
               Fathers
               :
            
             again
             Freedom
             may
             be
             granted
             to
             all
             by
             a
             Conqueror
             ,
             except
             Mariners
             ,
             which
             should
             in
             cases
             of
             necessity
             be
             excepted
             ,
             or
             that
             some
             Prince
             ,
             who
             will
             not
             suffer
             any
             Mariner
             to
             go
             out
             of
             his
             Dominions
             ,
             without
             subjecting
             themselves
             to
             such
             a
             reasonable
             command
             ,
             and
             the
             Majority
             of
             Nations
             on
             such
             grounds
             ,
             may
             abdicate
             from
             a
             part
             of
             them
             the
             entire
             Freedom
             of
             that
             member
             .
          
           
             Nor
             are
             their
             examples
             of
             this
             kind
             wanting
             ;
             the
             
             Germans
             are
             every
             one
             Master
             of
             his
             owne
             house
             ,
             but
             are
             almost
             on
             every
             occasion
             subject
             to
             their
             Lords
             ,
             especially
             in
             their
             Goods
             .
             The
             
               Irish
               Cosherers
            
             ,
             which
             were
             reprehendinations
             when
             the
             
               Chief
               Lord
            
             ,
             and
             his
             retinue
             
             came
             to
             his
             Tenants
             House
             ,
             and
             fed
             upon
             their
             provisions
             till
             they
             were
             spent
             ,
             all
             being
             solely
             at
             their
             devotion
             :
             And
             as
             to
             the
             Sea
             ,
             the
             King
             of
             Britain
             may
             at
             
             this
             day
             restrain
             Merchants
             or
             Mariners
             to
             pass
             out
             of
             
             the
             Realm
             ,
             without
             licence
             ,
             and
             the
             various
             tenures
             that
             are
             introduced
             ,
             which
             is
             presumed
             were
             since
             the
             Conquest
             ,
             were
             no
             other
             but
             the
             will
             of
             the
             Conqueror
             ,
             for
             the
             right
             is
             not
             measured
             by
             the
             excellency
             of
             this
             or
             that
             form
             ,
             but
             by
             the
             will.
             
          
           
             VII
             .
             And
             though
             it
             hath
             been
             conceived
             by
             some
             ,
             that
             the
             King
             cannot
             presse
             Men
             to
             serve
             in
             his
             Wars
             ,
             giving
             their
             reason
             ,
             that
             of
             old
             he
             was
             to
             be
             served
             either
             by
             those
             that
             held
             by
             tenure
             ,
             those
             that
             covenanted
             by
             Indenture
             to
             provide
             Men
             ,
             or
             those
             who
             contracted
             
             with
             the
             Kings
             Officers
             for
             wages
             and
             entered
             into
             pay
             ,
             or
             those
             that
             were
             in
             Prison
             for
             the
             Kings
             debts
             ;
             but
             that
             only
             extended
             to
             those
             Wars
             that
             were
             by
             Land
             :
             not
             one
             word
             in
             all
             those
             acts
             ,
             or
             Mr.
             Rolls
             ,
             that
             any
             waies
             mention
             the
             least
             of
             Mariners
             ;
             and
             yet
             what
             vast
             Fleets
             were
             in
             those
             daies
             :
             but
             on
             the
             other
             hand
             it
             hath
             been
             alwaies
             accustomed
             to
             presse
             such
             sort
             of
             Men
             for
             the
             Naval
             Expeditions
             ,
             the
             antient
             records
             that
             
             mentions
             such
             Persons
             subject
             to
             presse
             by
             Law
             is
             that
             of
             49
             E.
             3.
             commonly
             called
             †
             
               The
               Inquisition
               of
               Queenborrough
            
             ,
             wherein
             it
             was
             expresly
             ,
             in
             charge
             amongst
             others
             ,
             to
             inquire
             of
             those
             Mariners
             that
             were
             pressed
             for
             the
             Kings
             Service
             ,
             and
             deserted
             the
             same
             :
             So
             likewise
             by
             those
             other
             Articles
             translated
             by
             Roughton
             ,
             it
             is
             expresse
             in
             charge
             to
             the
             Jury
             to
             present
             those
             that
             being
             prest
             to
             serve
             ,
             brake
             the
             Kings
             Arrest
             ,
             in
             order
             to
             their
             punishment
             ;
             and
             in
             those
             daies
             it
             was
             esteem'd
             an
             high
             offence
             :
             and
             the
             Oath
             which
             the
             Jury
             then
             took
             being
             impanelled
             ,
             was
             this
             :
          
           
             
               This
               here
               see
               My
               Lord
               the
               Admiral
               ,
               that
               I
               Ionathan
               Nash
               shall
               well
               and
               truly
               enquire
               for
               our
               Lord
               the
               King
               ,
               and
               well
               and
               truly
               at
               this
               time
               then
               serve
               at
               this
               Court
               of
               th'
               Admiralty
               ,
               present
               at
               moch
               ,
               as
               I
               have
               acknowleche
               ,
               or
               may
               have
               by
               information
               of
               eny
               of
               my
               fellows
               ,
               of
               all
               mane
               Articles
               or
               circunstances
               that
               touchen
               the
               Court
               of
               the
               Admirate
               and
               Law
               of
               the
               Sea
               ,
               the
               which
               shall
               be
               grate
               to
               me
               at
               this
               time
               ;
               and
               I
               thereupon
               sworne
               or
               charged
               ,
               and
               of
               all
               other
               that
               may
               renew
               in
               my
               minde
               ,
               and
               in
               shall
               for
               nothing
               lette
               ,
               that
               is
               for
               to
               say
               ,
               for
               franchise
               ,
               Lordship
               ,
               Kinreden
               ,
               aliance
               .
            
             
             
               Freindship
               ,
               Love
               ,
               hatred
               ,
               Envye
               Enemitee
               ,
               for
               dred
            
             
             
               of
               lost
               of
               Goodnee
               ,
               for
               none
               other
               case
               that
               I
               shall
               soe
               doe
               ,
               the
               Kings
               Counseils
               ,
               my
               fellows
               ,
               mine
               owne
               ,
               will
               and
               truly
               hele
               what
               oute
               fraude
               or
               malengyn
               ,
               so
               God
               me
               help
               at
               the
               holydome
               ,
               and
               by
               this
               Book
               .
            
          
           
             VIII
             .
             And
             as
             the
             enquiry
             was
             strict
             ,
             so
             was
             the
             punishment
             very
             great
             ;
             
               Item
               ,
               qui
               fugiet
               a
               Domino
               vel
               Socio
            
             
             
               suo
               pro
               timiditate
               belli
               ,
               vel
               mortis
               in
               conductione
               Heretochii
               sui
               in
               expeditione
               navali
               vel
               terrestri
               perdat
               omne
               quod
               suum
               est
               ,
               &
               suam
               ipsius
               vitam
               ,
               manus
               mittat
               Dominus
               ad
               terram
               quam
               ei
               antea
               dederat
               .
            
          
           
             IX
             .
             If
             such
             Persons
             shall
             so
             desert
             the
             service
             ,
             it
             hath
             been
             a
             question
             whether
             a
             private
             Person
             under
             the
             same
             obedience
             meeting
             with
             such
             a
             deserter
             ,
             might
             not
             put
             him
             to
             death
             ;
             it
             hath
             been
             conceived
             that
             he
             might
             ,
             and
             the
             Act
             is
             lawful
             ,
             and
             the
             party
             that
             slayes
             him
             hath
             a
             true
             right
             before
             God
             ,
             as
             impunity
             before
             Men
             :
             But
             that
             is
             to
             be
             understood
             partly
             by
             the
             words
             ,
             and
             partly
             by
             the
             letter
             of
             the
             Law
             ;
             for
             if
             the
             Law
             gives
             indulgence
             to
             passion
             ,
             it
             takes
             away
             humane
             punishment
             ,
             and
             not
             the
             fault
             ;
             as
             in
             case
             a
             Husband
             kills
             an
             adulterous
             Wife
             or
             the
             adulterer
             †
             in
             the
             act
             ,
             most
             certain
             it
             is
             a
             provocation
             in
             the
             highest
             nature
             ,
             and
             will
             justify
             the
             slayer
             :
             But
             if
             the
             Law
             respect
             the
             danger
             of
             future
             evill
             ,
             by
             delay
             of
             punishment
             ,
             it
             is
             conceived
             to
             grant
             right
             and
             publique
             power
             to
             a
             private
             Man
             ;
             so
             that
             he
             is
             not
             then
             in
             the
             capacity
             of
             a
             private
             Man.
             
             
          
           
             And
             upon
             that
             very
             reason
             
               Queen
               Elizabeth
            
             deny'd
             the
             constituting
             of
             a
             Constable
             ,
             for
             the
             Tryal
             of
             Sir
             
             
               Francis
               Drake
            
             ,
             who
             struck
             off
             the
             head
             of
             
               Doughty
               ,
               in
               partibus
               transmarinis
            
             .
          
           
             X.
             Hence
             it
             is
             that
             every
             Man
             hath
             a
             licence
             given
             him
             
             to
             oppose
             force
             against
             plundering
             and
             pillaging
             Souldiers
             ,
             and
             the
             next
             the
             subsequent
             Law
             about
             deserters
             saith
             ,
             
               Let
               all
               Men
               know
               they
               have
               a
               power
               given
               them
               against
               publique
               robbers
               and
               desertors
               that
               run
               from
               their
               Colours
               ,
               and
               all
               are
               Ministers
               of
               revenge
               for
               the
               quiet
               of
            
             
             all
             ;
             to
             this
             purpose
             is
             that
             of
             
               Tertullian
               ,
               Against
               traitors
               or
               publique
               enemies
               ,
               every
               Man
               is
               a
               Souldier
               ,
            
             and
             herein
             differs
             the
             right
             of
             killing
             of
             exiles
             and
             Outlaws
             ,
             or
             those
             whom
             they
             call
             Bannitoes
             ,
             from
             those
             kind
             of
             
             Laws
             ,
             because
             there
             proceeds
             a
             special
             Sentence
             ,
             the
             Judgement
             of
             Banishment
             or
             Outlawry
             being
             promulgated
             ;
             but
             here
             a
             generall
             Edict
             ,
             the
             fact
             being
             evident
             ,
             obtains
             the
             force
             of
             a
             Judgement
             or
             Sentence
             pronounced
             ;
             the
             Judgement
             of
             the
             latter
             must
             be
             according
             to
             the
             Civil
             Law
             ,
             which
             yet
             remains
             still
             in
             force
             ,
             as
             to
             
             the
             Tryal
             of
             such
             deserters
             ,
             by
             which
             impunity
             for
             such
             killing
             ,
             seems
             allow'd
             off
             at
             this
             day
             by
             that
             Law.
             
             
          
        
         
           
           
             CHAP.
             VII
             .
             
               Of
               Dominion
               established
               by
               Creaties
               of
               Alliance
               equal
               .
            
          
           
             
               
                 
                   I.
                   Of
                   Treaties
                   by
                   interview
                   of
                   Princes
                   ,
                   and
                   where
                   generally
                   held
                   .
                
                 
                   II.
                   Of
                   Princes
                   equal
                   ,
                   the
                   honour
                   pay'd
                   by
                   him
                   in
                   possession
                   to
                   him
                   that
                   comes
                   to
                   the
                   Treaty
                   .
                
                 
                   III.
                   Of
                   Treaties
                   by
                   Princes
                   unequal
                   .
                
                 
                   IV.
                   Princes
                   where
                   oblidged
                   to
                   treat
                   personally
                   ,
                   and
                   where
                   not
                   .
                
                 
                   V.
                   Deputies
                   their
                   demeanor
                   considered
                   generally
                   at
                   Treaties
                   .
                
                 
                   VI
                   Of
                   the
                   nature
                   of
                   Treaties
                   generally
                   ,
                   and
                   their
                   ends
                   ;
                   and
                   where
                   they
                   determine
                   by
                   the
                   death
                   or
                   dispossession
                   of
                   a
                   Prince
                   ,
                   and
                   where
                   not
                   .
                
                 
                   VII
                   .
                   Of
                   Treaties
                   in
                   reference
                   to
                   matters
                   particular
                   ,
                   and
                   of
                   the
                   nature
                   of
                   Leagues
                   offensive
                   ,
                   and
                   to
                   what
                   end
                   .
                
                 
                   VIII
                   .
                   Of
                   the
                   causes
                   ordinary
                   procuring
                   such
                   Leagues
                   .
                
                 
                   IX
                   .
                   Of
                   Leagues
                   tending
                   to
                   the
                   procuring
                   of
                   general
                   Peace
                   and
                   Warranty
                   .
                
                 
                   X.
                   Of
                   Leagues
                   defensive
                   ,
                   and
                   of
                   their
                   end
                   ,
                   together
                   with
                   considerations
                   on
                   the
                   Persons
                   with
                   whom
                   they
                   are
                   made
                   .
                
                 
                   XI
                   .
                   Of
                   accidents
                   not
                   provided
                   for
                   in
                   the
                   League
                   how
                   far
                   in
                   honour
                   to
                   be
                   comply'd
                   with
                   .
                
                 
                   XII
                   .
                   Of
                   Contribution
                   ,
                   the
                   difficulty
                   in
                   regulating
                   the
                   same
                   to
                   the
                   satisfaction
                   of
                   the
                   parties
                   interessed
                   .
                
                 
                   XIII
                   .
                   Of
                   Leagues
                   concluded
                   by
                   Deputies
                   ,
                   and
                   of
                   the
                   Ratifying
                   the
                   same
                   .
                
                 
                   XIV
                   .
                   Of
                   the
                   causes
                   extraordinary
                   that
                   tend
                   to
                   the
                   breach
                   of
                   Leagues
                   .
                
                 
                   XV.
                   Of
                   the
                   causes
                   ordinary
                   that
                   give
                   occasion
                   for
                   rupture
                   of
                   the
                   same
                   ,
                   and
                   from
                   whence
                   they
                   proceed
                   .
                
                 
                   XVI
                   .
                   Of
                   the
                   obligations
                   on
                   Confederates
                   as
                   in
                   reference
                   to
                   mutual
                   succours
                   .
                
                 
                   XVII
                   .
                   Of
                   Aide
                   granted
                   to
                   particulars
                   and
                   common
                   Allies
                   ,
                   when
                   invaded
                   by
                   another
                   Ally
                   ;
                   and
                   of
                   protection
                   granted
                   when
                   a
                   people
                   are
                   oppressed
                   ,
                   whether
                   aide
                   to
                   such
                   may
                   stand
                   with
                   the
                   League
                   .
                
                 
                   XVIII
                   .
                   Whether
                   the
                   Oath
                   taken
                   for
                   the
                   performance
                   of
                   such
                   a
                   League
                   is
                   personal
                   ,
                   or
                   binds
                   the
                   Successor
                   ,
                   and
                   the
                   general
                   rule
                   in
                   construing
                   of
                   the
                   same
                   .
                
                 
                   XIX
                   .
                   Of
                   Leagues
                   made
                   with
                   Princes
                   ,
                   though
                   driven
                   out
                   of
                   their
                   Country
                   when
                   the
                   same
                   are
                   good
                   .
                
              
            
          
           
             I.
             TReaties
             are
             acted
             either
             by
             the
             interview
             of
             Princes
             ,
             or
             by
             Persons
             sufficiently
             Commissionate
             for
             that
             purpose
             .
          
           
             Those
             that
             are
             by
             interview
             ,
             have
             been
             often
             disapproved
             ,
             though
             often
             practised
             ;
             but
             that
             depends
             rather
             
             of
             the
             Estate
             of
             affairs
             ,
             and
             the
             conformity
             and
             
             diversity
             of
             honours
             ,
             and
             manner
             of
             living
             of
             the
             Princes
             and
             their
             People
             ;
             then
             of
             the
             interview
             :
             that
             of
             Lewis
             the
             11th
             .
             with
             Duke
             
               Charles
               of
               Burgundy
            
             ,
             and
             with
             the
             same
             King
             with
             Edward
             the
             4th
             .
             of
             England
             ,
             past
             fairly
             ,
             and
             in
             all
             such
             Treaties
             they
             govern
             themselves
             as
             in
             reference
             to
             their
             supplies
             ,
             according
             to
             the
             confidence
             which
             they
             repose
             in
             each
             other
             .
          
           
             Places
             Neuter
             belonging
             *
             to
             some
             Common
             Friend
             ,
             or
             or
             some
             Frontiere
             or
             Islands
             ,
             are
             generally
             appointed
             for
             the
             same
             ,
             together
             with
             what
             numbers
             or
             forces
             ,
             they
             are
             to
             be
             accompanied
             .
          
           
             II.
             But
             if
             of
             two
             Princes
             ,
             the
             one
             goes
             home
             unto
             the
             other
             ,
             he
             is
             bound
             to
             do
             him
             the
             honour
             of
             his
             House
             .
          
           
             And
             if
             the
             Prince
             be
             inferiour
             unto
             him
             ,
             he
             commonly
             snds
             forth
             some
             of
             Principal
             Officers
             of
             his
             Court
             to
             receive
             him
             ;
             but
             if
             he
             be
             his
             equal
             in
             Quality
             ,
             as
             being
             both
             Kings
             ,
             although
             there
             be
             some
             debate
             betwixt
             him
             for
             precedence
             if
             he
             comes
             first
             to
             the
             Place
             where
             the
             Treaty
             is
             to
             be
             made
             ,
             he
             must
             go
             in
             person
             ,
             and
             not
             by
             proxy
             .
          
           
             In
             the
             interview
             that
             was
             between
             Lewis
             the
             12th
             .
             
             and
             
               Ferdinand
               of
               Arragon
            
             at
             Savona
             ;
             (
             which
             then
             belonged
             unto
             the
             French
             King
             )
             Lewis
             the
             12th
             .
             at
             the
             approach
             of
             Ferdinands
             Gally
             (
             before
             he
             could
             land
             )
             entered
             into
             it
             ,
             accompanied
             only
             with
             his
             Guard
             ,
             to
             testify
             his
             confidence
             ,
             and
             thereby
             to
             assure
             King
             Ferdinand
             of
             that
             which
             he
             had
             promised
             he
             should
             find
             in
             him
             ;
             and
             at
             their
             going
             to
             Land
             ,
             King
             Lewis
             left
             the
             Right
             hand
             to
             Ferdinand
             ,
             who
             lodged
             in
             the
             Castle
             ,
             as
             the
             most
             Honourable
             place
             ,
             and
             himself
             went
             to
             the
             Bishoprick
             .
          
           
             III.
             By
             the
             Laws
             of
             Treaties
             ,
             when
             two
             Princes
             unequal
             in
             Quality
             partly
             ,
             the
             inferior
             is
             to
             come
             first
             to
             the
             place
             of
             congress
             there
             ,
             to
             attend
             the
             Greater
             .
          
           
             IV.
             Ambassadors
             having
             received
             Orders
             to
             treat
             ,
             the
             Prince
             to
             whom
             such
             are
             sent
             ,
             are
             not
             by
             the
             Laws
             of
             Treaties
             bound
             to
             treat
             personally
             ,
             but
             only
             to
             depute
             some
             of
             his
             Councel
             for
             that
             effect
             ;
             the
             reason
             is
             ,
             for
             that
             the
             dignity
             of
             a
             Prince
             may
             receive
             some
             detriment
             ,
             
             which
             cannot
             be
             maintained
             amidst
             the
             contestations
             which
             happen
             in
             Conferences
             .
          
           
             But
             if
             an
             Ambassador
             be
             deputed
             as
             Lievtenant
             to
             a
             Prince
             ,
             there
             indeed
             such
             Commissioner
             is
             not
             bound
             to
             treat
             ,
             but
             only
             with
             the
             Prince
             himself
             :
             and
             so
             it
             was
             where
             the
             Bishop
             of
             Gurgia
             ,
             who
             was
             deputed
             by
             the
             
             Emperor
             to
             
               Pope
               Julio
            
             the
             Second
             ;
             the
             Pope
             commissionated
             3
             Cardinals
             to
             treat
             with
             him
             ,
             but
             the
             Bishop
             having
             notice
             in
             what
             quality
             he
             was
             like
             to
             be
             received
             ,
             commissionated
             3
             Gentlemen
             to
             confer
             with
             them
             ,
             excusing
             himself
             upon
             other
             affairs
             ;
             which
             afterwards
             was
             explained
             ,
             that
             he
             came
             not
             as
             a
             single
             Ambassador
             ,
             but
             as
             a
             Livetenant
             to
             the
             Emperor
             ,
             to
             the
             which
             Quality
             he
             had
             been
             received
             at
             Rome
             by
             the
             Pope
             .
          
           
             V.
             The
             Deputies
             being
             assembled
             ,
             their
             Seats
             are
             considerable
             ,
             they
             having
             no
             power
             to
             quit
             any
             thing
             of
             the
             ranke
             ,
             which
             their
             Masters
             ought
             to
             hold
             ,
             and
             by
             the
             Laws
             of
             Treaties
             the
             first
             place
             ,
             is
             at
             the
             head
             or
             end
             of
             the
             Table
             ,
             (
             if
             there
             be
             one
             )
             the
             second
             is
             the
             first
             on
             the
             right
             hand
             ,
             and
             the
             third
             is
             ,
             the
             first
             on
             the
             left
             hand
             of
             him
             that
             is
             at
             the
             end
             :
             and
             if
             there
             be
             many
             Deputies
             to
             one
             Prince
             ,
             they
             usually
             sit
             at
             one
             side
             ,
             to
             have
             the
             more
             facility
             to
             confer
             together
             ,
             if
             it
             be
             needful
             .
          
           
             VI.
             Treaties
             which
             are
             made
             with
             our
             Neighbours
             as
             Friends
             ,
             are
             called
             
               Treaties
               of
               Alliances
               ,
               equal
            
             or
             unequal
             :
             The
             equal
             is
             either
             of
             single
             Friendship
             only
             ,
             for
             the
             entertainment
             of
             Traffique
             ,
             or
             for
             aide
             and
             succour
             ;
             that
             of
             succour
             is
             for
             the
             Defensive
             or
             offensive
             ,
             and
             sometimes
             for
             both
             ,
             with
             or
             against
             all
             Men
             ,
             or
             against
             some
             certain
             Princes
             and
             Republiques
             and
             there
             †
             Alliances
             are
             contracted
             ,
             either
             from
             Estate
             to
             Estate
             ,
             and
             for
             the
             preservation
             of
             the
             Estates
             of
             each
             other
             (
             in
             which
             case
             by
             the
             death
             of
             the
             Prince
             they
             may
             not
             be
             interrupted
             .
             Or
             else
             they
             are
             contracted
             betwixt
             Prince
             and
             Prince
             ,
             and
             then
             the
             death
             of
             one
             suspends
             till
             a
             new
             Treaty
             hath
             confirmed
             it
             ,
             unless
             there
             is
             a
             time
             certain
             prescribed
             by
             the
             Treaty
             ,
             to
             the
             which
             the
             Alliance
             must
             continue
             after
             the
             death
             of
             the
             Prince
             ;
             or
             else
             they
             are
             made
             from
             an
             Estate
             and
             Prince
             ,
             where
             the
             death
             of
             the
             Prince
             does
             likewise
             ,
             if
             not
             dissolve
             ;
             yet
             at
             
             least
             suspend
             till
             a
             new
             Treaty
             of
             Confirmation
             of
             the
             
             precedents
             ,
             although
             by
             the
             Laws
             of
             
               England
               Rex
               non
               intermoritur
            
             .
          
           
             VII
             .
             Sometimes
             Alliances
             are
             contracted
             for
             an
             Enterprize
             and
             for
             one
             effect
             only
             ,
             in
             the
             part
             which
             the
             Allies
             are
             interressed
             ,
             and
             such
             is
             generally
             called
             League
             ;
             which
             in
             England
             have
             been
             sometimes
             confirmed
             by
             
               Act
               of
               Parliament
            
             .
             *
          
           
             Leagues
             commonly
             are
             offensive
             ,
             but
             in
             effect
             they
             tend
             to
             attempt
             against
             some
             one
             ,
             and
             in
             the
             bottom
             
             are
             lodged
             
               Articles
               of
               secresie
               for
               the
               Enterprise
               :
            
             and
             such
             was
             that
             of
             Cambray
             against
             the
             Venetians
             ,
             in
             which
             they
             borrowed
             the
             
               pretext
               of
               Religion
               ,
               and
               the
               Peace
               of
               Christendom
               .
            
          
           
             VIII
             .
             The
             ordinary
             causes
             for
             which
             Princes
             and
             Republiques
             make
             Leagues
             ,
             they
             are
             either
             to
             facilate
             a
             Conquest
             ,
             as
             that
             that
             was
             made
             between
             Lewis
             the
             12th
             .
             and
             
               Ferdinand
               of
               Arragon
            
             ,
             for
             the
             Realm
             of
             Naples
             .
          
           
             Or
             to
             ballance
             the
             Forces
             of
             one
             that
             is
             more
             mighty
             ,
             in
             hindering
             him
             that
             he
             grow
             not
             greater
             ,
             but
             Arms
             ought
             not
             to
             be
             taken
             ,
             to
             diminish
             such
             a
             Neighbours
             power
             ,
             for
             that
             fear
             is
             uncertain
             ,
             but
             prudent
             Leagues
             
             may
             be
             made
             in
             diminishing
             their
             power
             .
          
           
             The
             English
             made
             a
             Lague
             to
             succour
             the
             Hollanders
             ,
             not
             only
             to
             ballance
             the
             growing
             opulancy
             of
             the
             Spanish
             Monarchy
             ,
             but
             likewise
             to
             encrease
             her
             own
             by
             the
             Alliance
             of
             the
             
               Dutch.
               Quid
               sequitur
            
             ?
          
           
             Again
             ,
             Leagues
             may
             be
             made
             for
             the
             procuring
             of
             a
             general
             Peace
             ,
             by
             way
             of
             Mediation
             of
             their
             Neighbours
             in
             War
             ;
             and
             such
             was
             that
             League
             of
             Union
             propounded
             by
             His
             now
             Sacred
             Majesty
             ,
             and
             afterwards
             concluded
             betwixt
             him
             and
             the
             
               States
               General
            
             of
             the
             
               United
               Provinces
            
             for
             an
             efficatious
             Mediation
             of
             Peace
             between
             France
             and
             Spain
             ,
             his
             Sacred
             Majesty
             of
             Britain
             having
             a
             prospect
             to
             what
             afterwards
             happened
             and
             of
             a
             War
             ,
             
             wherein
             most
             inevitably
             the
             same
             must
             involve
             the
             most
             of
             the
             Princes
             in
             Christendom
             in
             )
             to
             the
             affecting
             of
             which
             Peace
             ,
             his
             Majesty
             and
             the
             
               States
               General
            
             ,
             did
             obtain
             a
             promise
             from
             the
             French
             King
             to
             the
             Dutch
             ,
             to
             lay
             down
             Arms
             ,
             on
             condition
             the
             Spaniards
             would
             formally
             and
             solemnly
             by
             a
             Treaty
             of
             Peace
             ,
             quit
             to
             him
             all
             those
             Places
             and
             Forts
             together
             with
             the
             Chastellenies
             ,
             and
             their
             appurtenances
             which
             they
             by
             force
             of
             Armes
             had
             taken
             in
             ,
             or
             fortified
             in
             the
             then
             last
             years
             Expedition
             ;
             or
             otherwise
             that
             the
             Spaniard
             be
             brought
             to
             transfer
             to
             the
             French
             all
             their
             remainder
             in
             the
             Dutchy
             of
             Luxemburg
             (
             or
             to
             the
             County
             of
             Burgundy
             )
             together
             with
             Cambray
             and
             
               Cambresis
               ,
               Douay
               ,
               Ayre
               ,
               St.
               Omers
               ,
               Bergue
               ,
               St.
               Avinox
               ,
               Fuernes
            
             and
             Lynk
             ,
             with
             the
             Bailywicks
             ,
             Chastellenies
             and
             all
             other
             their
             dependancies
             ,
             and
             the
             French
             King
             to
             restore
             to
             the
             Spaniard
             all
             Places
             ,
             Territories
             ,
             
             which
             they
             have
             by
             Armes
             taken
             since
             their
             enterance
             into
             Flanders
             ,
             on
             condition
             that
             the
             
               States
               General
            
             do
             reciprocally
             undertake
             and
             secure
             to
             the
             French
             ,
             to
             prevaile
             with
             the
             Spaniard
             to
             consent
             to
             the
             same
             conditions
             ,
             which
             once
             effected
             would
             (
             as
             was
             hopt
             )
             initiate
             the
             tranquility
             of
             ,
             and
             interest
             not
             only
             of
             of
             two
             Warring
             Crownes
             ,
             but
             of
             all
             other
             the
             Princes
             of
             Christendom
             .
             To
             the
             effecting
             of
             which
             ,
             there
             were
             several
             Articles
             agreed
             ,
             and
             likewise
             it
             was
             agreed
             ,
             that
             if
             a
             Peace
             should
             happen
             to
             be
             made
             ,
             his
             Majesty
             and
             the
             
               States
               General
            
             should
             become
             Warranties
             ,
             and
             a
             Place
             left
             for
             any
             other
             Prince
             or
             State
             to
             come
             into
             the
             same
             ,
             and
             who
             should
             think
             it
             their
             interest
             to
             keep
             the
             Peace
             of
             Christendom
             undisturbed
             ,
             and
             to
             restore
             the
             Low-Countries
             to
             their
             tranquillity
             ,
             there
             was
             provision
             made
             likewise
             by
             the
             same
             ,
             for
             the
             Forces
             of
             each
             of
             the
             Warrantees
             to
             be
             used
             against
             those
             that
             should
             break
             and
             violate
             the
             same
             ,
             oblidging
             them
             to
             cease
             the
             violence
             ,
             and
             repair
             the
             party
             injured
             .
          
           
             IX
             .
             A
             
               Defensive
               League
            
             ,
             which
             hath
             no
             other
             benefit
             
             but
             a
             necessary
             defence
             ,
             and
             in
             the
             which
             Mean
             Estates
             are
             in
             a
             manner
             equally
             interessed
             ,
             last
             usually
             longer
             then
             an
             
               Offensive
               League
            
             ,
             which
             is
             voluntary
             ,
             and
             from
             the
             which
             either
             of
             the
             Confederates
             will
             easily
             part
             when
             he
             hath
             more
             interest
             ;
             So
             as
             in
             ballancing
             the
             interest
             of
             
             the
             one
             and
             the
             other
             ,
             he
             that
             shall
             find
             himself
             accompanied
             with
             distrust
             ,
             and
             an
             opinion
             to
             be
             irreconciliable
             to
             the
             common
             Enemy
             ,
             generally
             proves
             the
             most
             firm
             in
             the
             League
             .
          
           
             The
             
               Wisdom
               ,
               Courage
               ,
               Means
               and
               Constancy
            
             of
             the
             Prince
             or
             State
             is
             to
             be
             considered
             ;
             so
             likewise
             of
             the
             distance
             of
             the
             Places
             ,
             as
             well
             in
             regard
             of
             those
             with
             whom
             they
             unite
             ,
             as
             of
             those
             against
             whom
             they
             make
             the
             Leagues
             .
          
           
             Leagues
             having
             no
             other
             limitation
             ,
             
               but
               the
               end
               of
               the
               Enterprise
            
             for
             which
             they
             were
             made
             ,
             have
             admitted
             
             many
             large
             debates
             in
             cases
             of
             accident
             :
             For
             instance
             ,
             if
             an
             Enemy
             shall
             take
             the
             Countrey
             ,
             for
             the
             defense
             whereof
             the
             League
             was
             made
             ,
             the
             Question
             has
             been
             whether
             the
             Confederates
             be
             bound
             to
             assist
             him
             ,
             who
             hath
             lost
             it
             in
             the
             Recovery
             ;
             some
             have
             held
             ,
             that
             the
             Defensive
             did
             not
             extend
             so
             far
             :
             notwithstanding
             if
             there
             were
             no
             Treaty
             ,
             which
             had
             concerned
             this
             Conquest
             ,
             yet
             it
             would
             seem
             more
             reasonable
             to
             comprehend
             the
             Recovery
             in
             the
             defensive
             ,
             if
             it
             be
             general
             .
             For
             as
             it
             hath
             for
             its
             end
             to
             preserve
             the
             
               Allie
               in
               his
               State
            
             ,
             and
             that
             to
             attain
             unto
             it
             ,
             the
             Forces
             must
             not
             only
             remain
             in
             the
             Countrey
             of
             the
             Allie
             to
             attend
             the
             Enemy
             ,
             but
             after
             denunciation
             and
             other
             acts
             of
             hostility
             done
             by
             the
             Enemy
             ,
             they
             must
             enter
             into
             his
             Country
             ,
             to
             the
             end
             to
             prevent
             him
             or
             divert
             him
             from
             attempting
             any
             thing
             against
             the
             Allie
             :
             The
             Offensive
             being
             judged
             by
             the
             aggression
             ,
             ●…and
             not
             by
             
               that
               which
               follows
            
             ;
             by
             a
             stronger
             reason
             they
             ought
             to
             enter
             into
             the
             Countrey
             conquered
             from
             the
             Allie
             ,
             for
             the
             recovery
             thereof
             ;
             but
             excuses
             in
             this
             kind
             proceed
             from
             those
             ,
             who
             fail
             in
             their
             faith
             ,
             courage
             or
             means
             to
             recover
             .
          
           
             Contribution
             is
             one
             of
             the
             main
             ingredients
             in
             a
             League
             ,
             and
             is
             of
             great
             difficulty
             to
             regulate
             .
             It
             is
             made
             either
             in
             Men
             or
             Money
             ;
             the
             Men
             are
             entertained
             
               by
               all
               Parties
            
             ,
             or
             
               by
               him
               only
               that
               hath
               need
               ,
            
             or
             otherwise
             as
             the
             League
             is
             .
             Henry
             the
             8th
             .
             †
             made
             a
             League
             
             with
             Francis
             the
             French
             King
             against
             the
             Emperor
             Maximilian
             and
             Ferdinand
             ;
             for
             the
             Recovery
             of
             Millane
             ,
             which
             he
             did
             ,
             the
             protection
             of
             his
             Neighbours
             ,
             and
             Reduction
             of
             the
             Swisse
             from
             the
             Imperial
             side
             ;
             for
             which
             he
             employed
             the
             
               Bastard
               of
               Savoy
            
             ,
             the
             agreement
             was
             of
             reciprocal
             Succour
             of
             10000
             Men
             if
             the
             War
             were
             
             made
             by
             Land
             ,
             and
             of
             6000
             if
             it
             were
             made
             by
             Sea
             ;
             and
             in
             all
             other
             occasions
             the
             French
             King
             was
             bound
             to
             assist
             the
             King
             of
             England
             with
             12000
             Launces
             ,
             and
             the
             King
             of
             France
             with
             10000
             Foot
             ,
             at
             his
             charge
             that
             had
             need
             .
          
           
             So
             where
             Contribution
             is
             concluded
             for
             Money
             ,
             there
             are
             difficulties
             that
             do
             arise
             from
             the
             Person
             or
             Place
             where
             it
             must
             be
             kept
             ,
             for
             to
             deliver
             it
             to
             the
             hand
             of
             the
             strongest
             ,
             is
             not
             safe
             ,
             
               for
               fear
               they
               shall
               not
               be
               able
               to
               call
               him
               to
               account
               ,
            
             to
             lay
             it
             in
             a
             weak
             Place
             ,
             were
             to
             oppose
             it
             
               to
               the
               attempt
               and
               force
               of
               the
               strongest
               ,
            
             or
             to
             him
             that
             shall
             first
             
               take
               Armes
            
             ;
             but
             it
             has
             been
             usual
             ,
             the
             summe
             has
             been
             advanced
             ,
             not
             till
             after
             the
             War
             begun
             .
          
           
             XII
             .
             Leagues
             concluded
             by
             the
             Deputies
             of
             the
             Confederates
             ,
             there
             sometimes
             falls
             out
             a
             Difficulty
             who
             shall
             ratify
             and
             declares
             himself
             first
             :
             In
             the
             League
             
             which
             was
             made
             between
             Francis
             the
             first
             ,
             the
             Pope
             and
             the
             
               Princes
               of
               Italy
            
             ;
             the
             King
             refused
             to
             ratify
             until
             the
             Pope
             and
             Venetians
             had
             ratify'd
             before
             him
             ,
             and
             in
             that
             he
             so
             cunningly
             wrought
             ,
             that
             he
             procured
             the
             Colleagues
             to
             declare
             and
             begin
             the
             War
             ,
             whilst
             that
             he
             treated
             secretly
             for
             himself
             ,
             to
             the
             end
             he
             might
             make
             his
             Conditions
             with
             more
             advantage
             ;
             this
             he
             declared
             was
             for
             fear
             those
             
               Italian
               foxes
               should
               shew
               him
               the
               like
               .
            
          
           
             XIII
             .
             Leagues
             made
             for
             an
             Enterprise
             ,
             succeed
             seldom
             according
             to
             the
             hope
             of
             the
             
               Allies
               ,
               if
               the
               Enterprise
               be
               long
            
             ;
             for
             besides
             the
             preparations
             be
             long
             ,
             the
             opinions
             divers
             in
             the
             pursuit
             ,
             the
             resolutions
             inconstant
             ,
             the
             interests
             of
             Princes
             or
             States
             in
             a
             League
             may
             change
             with
             time
             ,
             or
             with
             the
             practise
             of
             him
             against
             whom
             they
             are
             in
             League
             ,
             in
             withdrawing
             some
             one
             of
             them
             ,
             or
             making
             him
             to
             suffer
             more
             losse
             then
             the
             rest
             ,
             for
             seeing
             himself
             
               ill
               defended
               or
               succoured
            
             by
             his
             Confederate
             ,
             and
             that
             he
             was
             in
             a
             greater
             danger
             to
             loose
             then
             his
             Companions
             ;
             he
             then
             studies
             to
             retire
             †
             and
             to
             make
             his
             
             
               accord
               apart
            
             ,
             as
             did
             the
             Venetians
             with
             the
             Turks
             ,
             after
             
             the
             losse
             of
             Cypresse
             .
          
           
             XIV
             .
             The
             ordinary
             causes
             of
             the
             Rupture
             of
             Leagues
             are
             
               distrust
               jealousy
            
             ,
             as
             if
             one
             hath
             had
             conference
             with
             the
             Enemy
             ,
             without
             the
             consent
             of
             the
             rest
             ;
             if
             that
             which
             serveth
             for
             the
             
               safety
               of
               one
            
             ,
             diminish
             the
             
               safety
               of
               the
               other
               ;
               inconstaney
               ,
               variety
               ,
               cowardize
               ,
               division
               ,
               usurpation
            
             without
             the
             consent
             of
             the
             others
             .
          
           
             So
             if
             he
             treats
             with
             the
             Enemy
             ,
             not
             comprehending
             the
             other
             Allies
             ,
             but
             as
             adherents
             ;
             as
             Lewis
             the
             12th
             .
             left
             the
             League
             of
             the
             Venetians
             ,
             for
             that
             they
             had
             made
             a
             Truce
             with
             him
             ,
             and
             had
             presumed
             to
             name
             him
             only
             as
             an
             Adherent
             :
             by
             the
             opinion
             of
             Bryan
             ,
             that
             if
             all
             the
             Subjects
             of
             England
             would
             make
             War
             with
             a
             
               Confederate
               Prince
            
             or
             Republique
             in
             League
             with
             the
             King
             of
             
             England
             ,
             without
             the
             assent
             of
             the
             King
             of
             England
             ,
             that
             such
             a
             War
             was
             no
             breach
             of
             the
             League
             ;
             and
             upon
             the
             same
             reason
             was
             the
             resolutions
             of
             the
             Judges
             in
             the
             
             the
             Duke
             of
             
             Norfolk's
             Case
             ,
             where
             the
             Question
             was
             ,
             whether
             the
             Lord
             Herise
             and
             other
             Subjects
             of
             the
             King
             of
             Scots
             ,
             that
             without
             his
             assent
             had
             wasted
             and
             burnt
             divers
             Towns
             in
             England
             ,
             and
             proclaimed
             Enemies
             ,
             were
             Enemies
             in
             Law
             ,
             within
             Statut
             of
             25
             E.
             3.
             the
             
             League
             being
             between
             the
             English
             and
             Scots
             ,
             and
             resolved
             they
             were
             ,
             and
             that
             the
             League
             remain'd
             .
          
           
             XV.
             The
             Succours
             that
             one
             Confederate
             must
             afford
             another
             Confederate
             (
             according
             to
             the
             
               Laws
               of
               Leagues
            
             )
             against
             Confederate
             ,
             is
             of
             a
             great
             consequence
             :
             Three
             Princes
             Allied
             ,
             the
             one
             makes
             War
             against
             the
             other
             ,
             and
             demands
             succours
             from
             the
             third
             ;
             in
             this
             case
             if
             the
             Treaties
             of
             Alliance
             be
             only
             for
             Friendship
             ,
             it
             is
             certain
             he
             is
             not
             bound
             to
             give
             any
             succours
             :
             But
             if
             the
             Treaty
             carries
             an
             
               Offensive
               League
            
             ,
             he
             must
             succour
             the
             most
             
               antient
               allied
               by
               a
               precedent
               alliance
               :
            
             If
             the
             precedent
             Alliances
             have
             been
             made
             both
             at
             one
             time
             ,
             he
             must
             succour
             him
             that
             is
             allied
             in
             all
             
               Offensive
               and
               Defensive
            
             Leagues
             :
             but
             if
             the
             League
             be
             
               Offensive
               and
               Defensive
            
             of
             either
             side
             ,
             
               he
               ought
               not
               to
               succour
               either
            
             ;
             but
             he
             may
             mediate
             a
             *
             Peace
             ,
             and
             cause
             the
             difference
             to
             be
             judged
             
             by
             the
             
               Common
               Allies
            
             ,
             which
             being
             propounded
             with
             a
             Declaration
             that
             the
             refuser
             ;
             or
             having
             once
             submitted
             
             will
             not
             yield
             to
             Judgment
             ,
             that
             he
             will
             succour
             the
             other
             ,
             as
             the
             Swede
             and
             Swiss
             ,
             upon
             severall
             occasions
             hath
             done
             ,
             notwithstanding
             in
             point
             of
             State
             in
             such
             occasions
             
             they
             usually
             ballance
             their
             Estate
             ,
             and
             looking
             
               more
               to
               safety
               then
               Justice
            
             ,
             they
             succour
             him
             who
             being
             enforc't
             ,
             may
             weaken
             the
             powerful
             ,
             who
             is
             more
             to
             be
             feared
             ;
             yet
             to
             unjust
             Wars
             there
             is
             no
             obligation
             ,
             then
             certainly
             he
             ought
             to
             be
             preferred
             ,
             who
             hath
             a
             just
             cause
             of
             War.
             
          
           
             XVI
             .
             By
             the
             
               Laws
               of
               Alliances
            
             Princes
             may
             aide
             
               particular
               and
               Common
               Allies
            
             ,
             if
             they
             be
             wronged
             by
             one
             of
             the
             Allies
             .
          
           
             But
             he
             which
             is
             not
             comprehended
             in
             the
             Treaty
             of
             Alliance
             ,
             cannot
             be
             defended
             against
             him
             that
             is
             allied
             without
             breach
             of
             the
             Alliance
             ;
             therefore
             Mediation
             in
             such
             
             cases
             is
             the
             only
             hopes
             of
             ahe
             oppressed
             ,
             which
             not
             having
             its
             effect
             ,
             if
             the
             oppressed
             put
             themselves
             into
             the
             protection
             of
             the
             Mediator
             ,
             they
             then
             become
             in
             the
             nature
             of
             his
             Subjects
             ,
             and
             then
             that
             Prince
             is
             oblidged
             to
             their
             succour
             and
             defence
             ,
             even
             against
             his
             Allies
             ,
             and
             
             this
             is
             by
             natural
             right
             .
          
           
             XVII
             .
             By
             the
             Laws
             of
             Leagues
             though
             the
             Oath
             binds
             only
             the
             Person
             ;
             yet
             the
             
               Promise
               binds
               the
               successor
            
             ,
             
             for
             though
             some
             do
             hold
             that
             Leagues
             do
             depend
             upon
             the
             Oath
             as
             their
             firmament
             ,
             though
             that
             is
             not
             so
             for
             the
             most
             part
             of
             the
             efficacy
             of
             such
             Leagues
             rests
             in
             the
             
               promise
               it self
            
             ,
             to
             which
             for
             
               Religion
               sake
            
             the
             Oath
             is
             added
             .
             Hence
             it
             is
             that
             Promises
             made
             to
             a
             Free-People
             ,
             are
             in
             their
             nature
             real
             ,
             because
             the
             subject
             is
             a
             
               permanent
               matter
            
             ,
             although
             the
             State
             or
             Republique
             be
             changed
             into
             a
             Monarchy
             ;
             yet
             the
             League
             remains
             for
             that
             
             the
             body
             
               i.
               e.
            
             the
             power
             is
             still
             the
             same
             ,
             though
             the
             Head
             be
             changed
             .
             And
             the
             Person
             is
             incerted
             into
             the
             agreement
             ,
             not
             that
             the
             agreement
             may
             be
             personal
             ,
             but
             to
             shew
             
               with
               whom
               it
               is
               made
            
             ,
             for
             if
             it
             be
             incerted
             into
             the
             League
             that
             it
             shall
             be
             perpetual
             ,
             or
             that
             it
             is
             made
             for
             the
             
               good
               of
               the
               Kingdom
            
             ,
             or
             with
             the
             Person
             and
             
             his
             Successors
             ,
             or
             for
             a
             time
             limited
             ,
             the
             same
             does
             most
             
             apparently
             demonstrate
             the
             thing
             to
             be
             real
             .
          
           
             However
             in
             all
             Leagues
             which
             tend
             to
             Peace
             ,
             though
             there
             may
             remain
             somewhat
             ,
             whereby
             words
             of
             ambiguity
             may
             arise
             ;
             yet
             the
             most
             pious
             way
             of
             interpreting
             ,
             hath
             been
             to
             account
             the
             same
             rather
             real
             ,
             then
             Personal
             ,
             for
             all
             Leagues
             made
             for
             Peace
             or
             Commerce
             ,
             admit
             of
             a
             favorable
             construction
             ,
             
               Leagues
               defensive
               have
               more
               of
               favour
               ,
               offensive
               of
               burthen
               .
            
          
           
             XVIII
             .
             a
             Leagues
             made
             with
             Princes
             ,
             although
             they
             happen
             afterwards
             to
             be
             driven
             out
             of
             their
             Kingdoms
             by
             their
             Subjects
             ,
             yet
             the
             League
             remains
             firm
             and
             good
             ,
             for
             the
             Right
             of
             the
             Kingdom
             remains
             with
             such
             an
             unfortunate
             Prince
             ,
             notwithstanding
             he
             hath
             lost
             his
             Kingdom
             :
             on
             the
             other
             hand
             ,
             Leagues
             made
             with
             the
             Invader
             cannot
             be
             good
             ;
             for
             his
             cause
             being
             
               unjust
               ,
               is
               odious
            
             :
             but
             if
             b
             the
             people
             will
             make
             him
             King
             
               de
               facto
            
             ,
             and
             investe
             him
             ,
             the
             question
             is
             then
             out
             of
             all
             controversy
             ;
             for
             then
             he
             is
             become
             a
             King
             regnant
             ,
             and
             by
             the
             Laws
             of
             England
             ,
             if
             treason
             by
             committed
             against
             his
             Person
             ,
             and
             c
             after
             he
             is
             beaten
             out
             ,
             and
             the
             King
             
               de
               Jure
            
             comes
             to
             his
             Crown
             ,
             the
             King
             
               de
               Jure
            
             may
             punish
             those
             Traytours
             with
             death
             .
          
           
             The
             Earl
             of
             Warwick
             having
             raised
             an
             Army
             in
             France
             and
             Flanders
             ,
             invaded
             England
             ,
             and
             within
             five
             or
             six
             daies
             after
             his
             landing
             ,
             King
             Edwards
             Forces
             betraying
             
             him
             )
             the
             Earl
             became
             Master
             of
             the
             Realm
             ,
             the
             King
             flying
             for
             protection
             to
             his
             Kinsman
             the
             Duke
             of
             Burgundy
             ,
             he
             kindly
             in
             his
             misfortunes
             entertained
             him
             ;
             yet
             while
             he
             was
             in
             this
             banished
             estate
             ,
             the
             Duke
             of
             Burgundy
             renewed
             the
             League
             with
             the
             English
             ,
             it
             being
             agreed
             ,
             that
             notwithstanding
             King
             Edwards
             misfortune
             ,
             the
             League
             remained
             firm
             and
             unviolable
             between
             the
             Duke
             
               Charles
               of
               Burgundy
            
             ,
             and
             the
             King
             and
             Realm
             of
             
             England
             :
             So
             that
             for
             Edward
             they
             should
             name
             Henry
             (
             who
             was
             newly
             taken
             out
             of
             the
             Tower
             by
             the
             Earl
             of
             
             Warwick
             ,
             at
             his
             chacing
             out
             of
             King
             Edward
             )
             now
             the
             true
             reason
             that
             Leagues
             remain
             ,
             and
             are
             firm
             ,
             notwithstanding
             such
             a
             change
             ,
             is
             ,
             because
             there
             goes
             along
             with
             them
             a
             tacite
             condition
             ,
             viz.
             of
             holding
             their
             possessions
             ,
             and
             therefore
             the
             World
             wondred
             not
             ,
             that
             His
             late
             
             Sacred
             Majesty
             having
             sworn
             a
             League
             with
             the
             King
             of
             Spain
             ,
             expresly
             as
             he
             was
             King
             of
             Portugal
             ,
             did
             notwithstanding
             receive
             two
             Embassadors
             from
             the
             then
             new
             King
             of
             Portugal
             ;
             and
             that
             without
             being
             judged
             either
             in
             England
             or
             Spain
             to
             have
             broken
             his
             former
             Oath
             and
             League
             .
          
           
             The
             Duke
             of
             Guise
             having
             formed
             the
             League
             against
             Henry
             the
             Third
             ,
             which
             was
             that
             in
             regard
             ,
             the
             King
             was
             so
             cold
             in
             the
             Profession
             of
             the
             
               Romish
               Faith
            
             ,
             that
             it
             was
             in
             danger
             to
             be
             extinguisht
             by
             the
             increase
             which
             he
             permitted
             of
             the
             Reformed
             Religion
             ;
             especially
             seeing
             Henry
             the
             Fourth
             then
             King
             of
             Navar
             ,
             was
             of
             that
             Religion
             ,
             and
             was
             to
             succeed
             to
             the
             Crown
             ;
             wherefore
             by
             the
             Mediation
             of
             Philip
             the
             Second
             of
             Spain
             ,
             the
             Pope
             qualified
             the
             Duke
             of
             Guise
             ,
             Head
             of
             that
             
               Catholique
               League
            
             ,
             
             and
             which
             in
             point
             of
             Government
             was
             to
             set
             him
             above
             the
             King
             ,
             avowed
             him
             Protector
             of
             the
             
               Catholique
               Faith
            
             in
             the
             Kingdom
             of
             France
             .
             When
             Henry
             the
             Fourth
             succeeded
             the
             Crown
             ,
             then
             this
             League
             for
             security
             of
             Religion
             was
             most
             violent
             ,
             and
             the
             Spaniard
             without
             ,
             hoped
             ,
             by
             nourishing
             thus
             the
             division
             within
             ,
             to
             carry
             all
             for
             himself
             at
             last
             .
             To
             avoid
             which
             gin
             ,
             and
             to
             answer
             all
             ,
             the
             King
             chang'd
             his
             Religion
             ,
             and
             negotiated
             by
             d'Ossat
             ,
             to
             be
             received
             by
             the
             Pope
             as
             a
             dutyful
             Son
             of
             the
             
               Church
               of
               Rome
            
             ,
             demanding
             absolution
             for
             what
             was
             past
             ,
             and
             making
             large
             promisses
             of
             due
             obedience
             for
             the
             time
             to
             come
             ;
             the
             King
             of
             Spains
             interest
             was
             that
             he
             should
             not
             be
             received
             ,
             and
             thereupon
             he
             endeavoured
             to
             perswade
             the
             Pope
             ,
             that
             King
             Henry
             did
             but
             dissemble
             with
             him
             ,
             and
             that
             under
             this
             disguise
             he
             would
             easiest
             ruine
             the
             Romish
             Religion
             :
             notwithstanding
             this
             ,
             the
             Cardinal
             obtained
             his
             Reception
             ,
             Absolution
             and
             Benidiction
             through
             the
             many
             promises
             and
             presents
             which
             he
             made
             to
             
               His
               Holyness
            
             ,
             whereupon
             the
             Spaniards
             designes
             were
             in
             a
             moment
             all
             blown
             over
             from
             France
             ,
             but
             fell
             heavily
             upon
             the
             
               United
               Provinces
            
             which
             were
             sorely
             opprest
             ,
             for
             that
             they
             apprehended
             the
             loss
             and
             ruine
             of
             their
             Countrey
             ,
             and
             thereupon
             they
             implored
             assistance
             from
             King
             Henry
             ,
             who
             received
             their
             Ambassadours
             very
             gratiously
             ,
             and
             gave
             them
             assurance
             of
             relief
             :
             The
             King
             of
             Spain
             ,
             who
             wanted
             no
             good
             intelligence
             
             in
             the
             Court
             of
             France
             ,
             immediately
             remonstrates
             to
             the
             Pope
             ,
             that
             his
             former
             inclinations
             concerning
             Henry's
             dissimulations
             did
             now
             appear
             in
             the
             face
             of
             all
             the
             World
             ,
             and
             that
             seeing
             
               His
               Holyness
            
             had
             been
             so
             credulous
             ,
             he
             knew
             not
             now
             whether
             they
             should
             be
             able
             to
             save
             the
             
               Catholique
               Faith
            
             from
             being
             subjected
             to
             the
             Reformed
             Religion
             or
             no
             :
             for
             whereas
             the
             Hollanders
             had
             revolted
             from
             him
             ,
             only
             because
             he
             resolved
             to
             use
             the
             true
             means
             for
             the
             establishment
             of
             the
             
               Romish
               Faith
            
             among
             them
             ,
             and
             that
             now
             he
             was
             in
             a
             fair
             way
             of
             reducing
             them
             ,
             (
             which
             conduced
             so
             much
             (
             by
             his
             Holiness
             his
             opinion
             )
             to
             the
             establishment
             of
             the
             
               Romish
               Faith
               )
               Henry
            
             had
             taken
             their
             party
             against
             him
             in
             that
             work
             :
             and
             that
             at
             Paris
             he
             had
             received
             their
             Ambassadors
             to
             that
             purpose
             ,
             although
             he
             knew
             they
             were
             his
             lawful
             Subjects
             ,
             &c.
             
          
           
             This
             startled
             the
             Pope
             not
             a
             little
             ,
             who
             charged
             d'Ossat
             for
             having
             betrayed
             him
             ,
             and
             put
             the
             Church
             in
             danger
             ;
             this
             argument
             was
             as
             subtil
             on
             the
             Spaniards
             side
             ,
             as
             changing
             Religion
             was
             on
             King
             Henry's
             ;
             and
             therefore
             the
             Cardinal
             was
             not
             a
             little
             perplext
             ,
             how
             to
             answer
             it
             to
             the
             advantage
             of
             his
             Master
             ;
             as
             also
             coherently
             to
             the
             considerations
             of
             his
             former
             reception
             into
             the
             Church
             :
             But
             at
             last
             he
             replyed
             ,
             That
             
               His
               Holyness
            
             needed
             not
             wonder
             how
             in
             reason
             of
             State
             ,
             those
             different
             Religions
             might
             joyn
             together
             for
             political
             ends
             ,
             without
             hazard
             of
             altering
             Religion
             :
             Thus
             David
             sought
             protection
             of
             the
             Philistians
             ,
             and
             Abraham
             redeemed
             the
             sinful
             Sodomites
             :
             That
             he
             took
             it
             to
             be
             upon
             the
             same
             ground
             ,
             that
             
               His
               Holyness
            
             himself
             not
             long
             before
             ,
             received
             a
             
               Persian
               Ambassador
            
             ,
             who
             was
             so
             far
             from
             being
             an
             Heretick
             ,
             that
             he
             never
             pretended
             to
             the
             Name
             of
             Christian
             ,
             that
             it
             was
             a
             plausible
             argument
             ,
             which
             the
             King
             of
             Spain
             used
             ,
             in
             complaining
             of
             Henry's
             receiving
             and
             
             avowing
             their
             Ambassador
             ,
             especially
             knowing
             at
             the
             same
             time
             that
             they
             were
             Rebels
             ,
             and
             could
             pretend
             no
             Right
             nor
             Tittle
             separate
             from
             his
             Crown
             :
             For
             Princes
             (
             quoth
             he
             )
             when
             Ambassadors
             are
             addrest
             to
             them
             ,
             never
             inform
             themselves
             of
             the
             Rights
             and
             Tittle
             of
             those
             
               
               Princes
               from
               whom
               they
               are
               sent
               ;
               but
               whether
               they
               have
               possession
               of
               the
               Force
               and
               Power
               of
               those
               places
               from
               whence
               the
               Ambassadors
               are
               employ'd
               ,
               for
               it
               would
               be
               an
               endless
               taske
               ,
               and
               require
               an
               infallible
               true
               History
               of
               the
               World
               (
               which
               is
               not
               to
               be
               made
               by
               Man
               )
               if
               all
               
               the
               Ambassadors
               before
               their
               receptions
               should
               be
               obliged
               ,
               first
               to
               prove
               clearly
               to
               the
               World
               the
               just
               Right
               by
               which
               their
               Masters
               derive
               those
               Tittles
               and
               Jurisdictions
               ,
               which
               they
               assume
               to
               themselves
               .
            
          
        
         
           
           
             CHAP.
             VIII
             .
             
               Of
               Alliances
               unequal
               ,
               and
               of
               Protection
               .
            
          
           
             
               
                 
                   I.
                   Of
                   Alliances
                   unequal
                   ,
                   as
                   in
                   reference
                   to
                   the
                   acknowledging
                   a
                   Superiority
                   or
                   Protection
                   in
                   another
                   .
                
                 
                   II.
                   Of
                   Protections
                   by
                   a
                   Prince
                   or
                   State
                   voluntary
                   or
                   mercinary
                   .
                
                 
                   III.
                   Of
                   the
                   Duty
                   incumbent
                   on
                   the
                   protected
                   ,
                   and
                   the
                   obligation
                   in
                   honour
                   and
                   justice
                   on
                   the
                   Protector
                   .
                
                 
                   IV.
                   Of
                   Alliances
                   unequal
                   ,
                   and
                   of
                   the
                   ordinary
                   causes
                   that
                   may
                   tend
                   to
                   a
                   rupture
                   of
                   the
                   same
                   .
                
                 
                   V.
                   Of
                   the
                   causes
                   extraordinary
                   that
                   may
                   occasion
                   the
                   breach
                   of
                   such
                   Alliances
                   .
                
                 
                   VI.
                   Of
                   Faith
                   and
                   assurance
                   implicitly
                   discharged
                   by
                   the
                   delivering
                   of
                   Hostages
                   .
                
                 
                   VII
                   ▪
                   Of
                   the
                   differences
                   of
                   Leagnes
                   contracted
                   by
                   Princes
                   ,
                   through
                   force
                   or
                   fear
                   ,
                   and
                   private
                   Contracts
                   made
                   with
                   private
                   persons
                   by
                   reason
                   of
                   the
                   same
                
                 
                   VIII
                   .
                   Ambiguity
                   in
                   words
                   given
                   ,
                   occasion
                   to
                   Princes
                   to
                   depart
                   from
                   the
                   League
                   ,
                   and
                   of
                   the
                   Reputation
                   of
                   Princes
                   on
                   such
                   occasion
                   preserving
                   the
                   Alliance
                   .
                
                 
                   IX
                   .
                   Of
                   the
                   firmness
                   and
                   assurance
                   of
                   Alliances
                   whether
                   to
                   be
                   found
                   more
                   in
                   Princes
                   ,
                   or
                   in
                   Reipubliques
                   .
                
                 
                   X.
                   If
                   one
                   party
                   hath
                   violated
                   the
                   League
                   ,
                   whether
                   it
                   be
                   lawful
                   for
                   the
                   other
                   to
                   depart
                   from
                   the
                   same
                   .
                
                 
                   XI
                   .
                   In
                   the
                   construction
                   of
                   Leagues
                   ,
                   the
                   thoughts
                   not
                   the
                   words
                   of
                   Princes
                   to
                   be
                   considered
                   .
                
                 
                   XII
                   .
                   Of
                   things
                   favourable
                   ,
                   things
                   edious
                   ,
                   and
                   others
                   of
                   a
                   mixt
                   nature
                   to
                   be
                   used
                   in
                   the
                   interpreting
                   of
                   Leagues
                   .
                
              
            
          
           
             1.
             
             UNequal
             Alliance
             is
             that
             which
             is
             contracted
             betwixt
             
             Princes
             or
             States
             unequal
             in
             Honour
             ,
             or
             in
             Power
             ,
             with
             unequal
             conditions
             ,
             the
             acknowledging
             the
             other
             ,
             
               not
               for
               Master
               or
               Lord
            
             ,
             but
             by
             Honour
             as
             the
             more
             powerful
             ,
             and
             the
             better
             qualified
             ,
             and
             some
             for
             Protector
             ;
             and
             these
             Treaties
             are
             made
             with
             those
             States
             ,
             which
             take
             or
             give
             Pension
             ,
             or
             which
             put
             themselves
             into
             Protection
             .
          
           
             Tribute
             is
             payed
             by
             the
             Subject
             ,
             or
             by
             him
             ,
             who
             ,
             to
             enjoy
             his
             Liberty
             ,
             payes
             that
             which
             is
             agreed
             upon
             to
             him
             that
             hath
             forced
             him
             to
             do
             it
             .
             But
             a
             Pension
             is
             held
             voluntary
             from
             him
             that
             is
             in
             Protection
             ,
             or
             from
             him
             that
             is
             in
             all
             other
             things
             equal
             to
             the
             Treaty
             of
             Alliance
             to
             hinder
             the
             Pensioner
             ,
             that
             he
             joyn
             not
             with
             the
             Enemy
             ,
             as
             the
             Swiss
             to
             the
             French
             ,
             or
             to
             have
             aid
             and
             succours
             from
             him
             .
          
           
           
             II.
             But
             that
             Protection
             is
             most
             true
             and
             Honourable
             ▪
             
             when
             a
             Prince
             or
             Reipublique
             takes
             upon
             him
             the
             defense
             of
             another
             ,
             
               freely
               without
               reward
            
             ,
             though
             some
             ,
             if
             not
             all
             ,
             find
             it
             most
             necessary
             to
             ballance
             honour
             with
             profit
             ,
             from
             this
             maxim
             ,
             that
             
               A
               pecuniary
               interest
               oblidges
               more
               to
               succour
               ,
               then
               when
               barely
               obliged
               by
               Oath
               .
            
          
           
             III.
             By
             the
             Law
             
               of
               Protection
            
             ,
             he
             that
             is
             protected
             ows
             
             all
             Respect
             and
             Honour
             to
             his
             Protector
             ,
             against
             whom
             if
             he
             conspire
             or
             attempt
             ,
             or
             strayes
             from
             his
             duty
             ,
             it
             is
             lawful
             for
             the
             Protector
             to
             make
             
               better
               assurance
            
             ;
             nay
             ,
             if
             he
             pleases
             to
             make
             himself
             Master
             :
             But
             then
             on
             the
             other
             side
             the
             Protector
             ought
             to
             defend
             and
             succour
             the
             protected
             ,
             and
             use
             him
             well
             ;
             for
             otherwise
             he
             may
             withdraw
             himself
             from
             the
             Protection
             ,
             and
             seek
             another
             .
          
           
             IV.
             In
             Alliances
             that
             are
             unequal
             ,
             there
             are
             4
             kind
             of
             controversies
             may
             happen
             .
          
           
             First
             ,
             if
             the
             Subjects
             of
             a
             Prince
             or
             Reipublique
             ,
             that
             is
             under
             the
             ptotector
             of
             another
             ,
             have
             committed
             any
             thing
             
               against
               the
               League
            
             .
             
          
           
             Secondly
             ,
             if
             the
             Prince
             or
             Reipublique
             be
             accused
             .
          
           
             Thirdly
             ,
             if
             the
             Fellows
             ,
             which
             are
             under
             the
             protection
             of
             the
             same
             ,
             Prince
             or
             Reipublique
             ,
             contend
             with
             one
             another
             .
             
          
           
             Fourthly
             ,
             if
             the
             Subjects
             complain
             of
             their
             own
             Ruler
             .
          
           
             To
             the
             first
             ,
             if
             a
             fault
             appear
             ,
             the
             Prince
             or
             Reipublique
             ,
             is
             bound
             either
             to
             punish
             the
             offender
             ,
             or
             render
             
             him
             up
             to
             the
             party
             injured
             ,
             and
             see
             or
             endeavour
             that
             damages
             may
             be
             recovered
             .
          
           
             But
             one
             of
             the
             Associates
             in
             the
             League
             ,
             hath
             no
             right
             to
             apprehend
             or
             punish
             the
             Subjects
             of
             his
             confederate
             .
             
          
           
             To
             the
             second
             ,
             the
             Confederate
             hath
             a
             right
             to
             compel
             his
             confederate
             to
             stand
             to
             the
             League
             ,
             and
             if
             he
             will
             not
             ,
             to
             punish
             him
             ;
             for
             that
             one
             may
             take
             satisfaction
             or
             revenge
             of
             him
             that
             hath
             offended
             ;
             and
             this
             happens
             as
             well
             amongst
             those
             that
             have
             no
             confederation
             at
             all
             .
          
           
             To
             the
             third
             ,
             as
             in
             Confederacies
             equal
             ,
             the
             controversies
             are
             wont
             generally
             to
             be
             brought
             before
             an
             Assembly
             of
             the
             Confederates
             ;
             that
             is
             to
             say
             ,
             such
             as
             are
             
               not
               concerned
            
             in
             the
             question
             ,
             or
             else
             before
             Arbitrators
             ,
             or
             
             else
             before
             the
             Prince
             of
             the
             Association
             ,
             as
             a
             Common
             Arbitrator
             .
             
          
           
             So
             on
             the
             other
             hand
             in
             a
             
               League
               unequal
            
             ,
             it
             is
             agreed
             for
             the
             most
             part
             ,
             that
             the
             controversies
             be
             debated
             before
             him
             who
             is
             
               Superior
               in
               the
               League
            
             .
          
           
             To
             the
             last
             ,
             the
             Confederates
             have
             no
             Cognizance
             .
             In
             common
             Affaires
             out
             of
             time
             of
             Assembly
             ,
             even
             where
             the
             League
             is
             equal
             ,
             the
             Custom
             is
             for
             him
             who
             is
             chose
             
               Cheif
               of
               the
               League
            
             ,
             to
             have
             command
             over
             the
             Confederates
             ,
             according
             to
             the
             Speech
             of
             the
             Corinthians
             in
             
               Thucydides
               ,
               It
               becomes
               them
               that
               are
               Princes
               of
               the
               League
               ,
               not
            
             
             
               to
               seek
               their
               own
               particular
               advantage
               ,
               but
               to
               content
               themselves
               with
               an
               eminency
               above
               the
               rest
               ,
               in
               taking
               care
               of
               the
               common
               Interest
               .
            
          
           
             V.
             Though
             that
             the
             breach
             of
             Faith
             be
             much
             practised
             in
             such
             affairs
             ;
             yet
             there
             are
             few
             Princes
             found
             ,
             which
             have
             not
             found
             a
             pretext
             ,
             some
             have
             pretended
             to
             be
             circumvented
             by
             error
             ;
             others
             by
             change
             of
             Affairs
             have
             pleaded
             an
             excuse
             ,
             as
             great
             wrongs
             or
             inevitable
             loss
             ,
             and
             apparent
             danger
             of
             the
             ruine
             of
             their
             States
             ,
             which
             are
             the
             causes
             ,
             wherein
             some
             say
             ,
             that
             
               an
               Oath
               is
               not
               obligatory
            
             ;
             the
             condition
             ,
             by
             reason
             of
             the
             Oath
             ,
             being
             impossible
             or
             unjust
             ,
             to
             these
             limitations
             ,
             some
             hold
             they
             must
             not
             keep
             faith
             with
             an
             
               Enemy
               of
               the
               Faith
            
             ,
             nor
             with
             him
             
             that
             hath
             broken
             his
             ,
             nor
             with
             a
             Subject
             ,
             nor
             with
             a
             Thief
             or
             Pyrat
             ;
             certainly
             if
             it
             be
             not
             lawful
             for
             a
             Man
             in
             these
             cases
             to
             keep
             Faith
             ,
             it
             is
             not
             lawful
             to
             give
             it
             :
             If
             it
             be
             lawful
             to
             captulate
             with
             such
             Men
             ,
             it
             is
             necessary
             to
             hold
             that
             we
             promise
             ,
             that
             is
             ,
             (
             we
             presume
             )
             
             when
             the
             word
             is
             given
             by
             him
             that
             may
             give
             it
             ,
             and
             that
             they
             rely
             upon
             it
             .
          
           
             VI.
             If
             Hostages
             are
             taken
             ,
             he
             that
             gives
             them
             is
             
               freed
               from
               his
               Faith
            
             ;
             for
             that
             in
             receiving
             Hostages
             ,
             he
             that
             receives
             them
             hath
             relinquished
             from
             the
             assurance
             ,
             which
             he
             had
             in
             the
             Faith
             of
             him
             that
             gave
             them
             ;
             so
             where
             a
             Captain
             for
             his
             Prince
             gives
             his
             word
             without
             Commission
             ,
             it
             binds
             not
             the
             Prince
             .
          
           
             VII
             .
             Some
             Lawyers
             would
             judge
             of
             Treaties
             as
             particular
             Contracts
             ,
             by
             which
             means
             they
             would
             stretch
             the
             Consciences
             of
             Princes
             ;
             for
             ,
             say
             they
             ,
             that
             as
             a
             private
             Man
             is
             not
             bound
             by
             that
             which
             he
             hath
             promised
             by
             
             force
             or
             fear
             ,
             so
             it
             ought
             to
             take
             place
             amongst
             Princes
             and
             in
             Treaties
             which
             are
             made
             betwixt
             Soveraigns
             ,
             but
             that
             is
             ridiculous
             ,
             for
             that
             were
             in
             effect
             to
             banish
             Faith
             from
             all
             publique
             Negotiations
             ;
             for
             there
             is
             no
             Treaty
             but
             is
             usually
             made
             in
             Arms
             by
             force
             or
             through
             fear
             ,
             to
             loose
             either
             Life
             ,
             or
             Goods
             ,
             or
             Liberty
             ,
             or
             the
             State
             ;
             which
             are
             causes
             of
             
               just
               fear
            
             ,
             and
             may
             shake
             the
             most
             constant
             .
          
           
             VIII
             .
             Some
             Princes
             desirous
             to
             shew
             themselves
             more
             religious
             in
             these
             ruptures
             ,
             have
             taken
             subject
             and
             occasion
             upon
             the
             ambiguity
             of
             some
             clauses
             in
             the
             Treaty
             ,
             or
             upon
             equivocation
             ,
             as
             
               Charles
               the
               Fifth
            
             did
             ;
             or
             else
             they
             
             seek
             other
             occasions
             ,
             as
             attempting
             against
             those
             whom
             their
             Allie
             is
             bound
             to
             defend
             ;
             to
             the
             end
             that
             drawing
             him
             into
             the
             field
             ,
             
               he
               may
               lay
               the
               cause
               of
               the
               Repture
               on
               him
               .
            
          
           
             But
             Princes
             ,
             who
             respect
             such
             Treaties
             with
             a
             pious
             intention
             of
             preserving
             them
             ,
             alwaies
             remain
             constant
             and
             firme
             ;
             and
             though
             occasion
             may
             offer
             it self
             ,
             by
             which
             they
             might
             get
             advantage
             by
             the
             breach
             ;
             yet
             when
             they
             remain
             durable
             ,
             such
             respect
             is
             afterwards
             had
             to
             their
             Word
             and
             Honour
             ,
             that
             fewer
             and
             lesser
             securities
             will
             be
             demanded
             of
             them
             ,
             then
             one
             
               whose
               Faith
               is
               doubted
            
             .
             
          
           
             IX
             .
             But
             assurances
             in
             cases
             of
             this
             nature
             has
             been
             found
             more
             in
             Reipubliques
             then
             in
             Princes
             ;
             for
             though
             Reipubliques
             have
             the
             same
             mind
             ,
             and
             have
             the
             same
             intentions
             as
             Princes
             ,
             yet
             for
             that
             they
             move
             but
             slowly
             ,
             it
             will
             cause
             them
             to
             stay
             longer
             in
             resolving
             :
             Famous
             is
             that
             of
             the
             Atheneans
             when
             Themosticles
             in
             his
             Oration
             told
             them
             ,
             that
             he
             could
             discover
             a
             matter
             in
             which
             the
             Atheneans
             would
             reap
             great
             advantages
             in
             ;
             but
             he
             could
             not
             tell
             it
             ,
             for
             fear
             the
             discovery
             would
             take
             away
             the
             opportunity
             of
             atcheiving
             it
             :
             whereupon
             the
             Atheneans
             deputed
             Aristides
             ,
             to
             whom
             he
             should
             communicate
             the
             secret
             ,
             and
             with
             him
             should
             consult
             about
             the
             obtaining
             
             it
             ,
             they
             meeting
             Themosticles
             demonstrated
             that
             it
             was
             in
             the
             power
             of
             the
             Atheneans
             to
             make
             themselves
             Masters
             of
             all
             Greece
             ,
             for
             the
             Grecian
             Naval
             Army
             was
             then
             in
             their
             Ports
             and
             Protection
             ;
             whereupon
             Aristides
             reply'd
             ,
             
               The
               same
               was
               a
               breach
               of
               Faith
               :
            
             But
             it
             was
             answered
             ,
             
               it
               being
               for
               the
               publique
               ,
               all
               considerations
               of
               that
               kind
               ought
               to
               be
               laid
               aside
            
             ;
             whereupon
             Aristides
             being
             called
             by
             the
             People
             to
             give
             a
             Report
             ,
             told
             them
             ,
             
               Themosticles's
               advice
               was
               exceeding
               profitable
               ,
               but
               dishonest
               ,
            
             for
             which
             cause
             the
             People
             wholly
             refused
             it
             .
          
           
             X.
             If
             one
             party
             has
             violated
             the
             League
             ,
             the
             other
             may
             most
             certainly
             depart
             from
             it
             ,
             for
             the
             transgression
             of
             the
             Articles
             ,
             be
             it
             never
             so
             little
             ,
             makes
             a
             breach
             of
             the
             agreement
             ;
             unless
             it
             be
             otherwise
             prevented
             by
             Condition
             ,
             which
             may
             be
             ,
             by
             incerting
             into
             the
             same
             ,
             †
             
               that
               for
               every
               offence
               it
               may
               not
               be
               lawful
               to
               depart
               from
               the
               League
               .
            
          
           
             XI
             .
             In
             all
             Leagues
             ,
             the
             thoughts
             of
             Princes
             and
             States
             are
             to
             be
             considered
             not
             what
             they
             said
             ;
             yet
             because
             internal
             
             Acts
             are
             not
             visible
             by
             themselves
             ,
             it
             is
             necessary
             that
             somewhat
             certain
             should
             be
             determined
             ,
             
               i.
               e.
            
             reduced
             to
             Heads
             or
             Writings
             :
             otherwise
             there
             would
             be
             no
             obligation
             at
             all
             ,
             for
             then
             every
             one
             might
             free
             himself
             by
             affixing
             on
             his
             own
             words
             what
             sense
             he
             pleases
             :
             Hence
             it
             is
             that
             by
             the
             dictates
             of
             
               Natural
               reason
            
             ,
             he
             ,
             to
             whom
             any
             thing
             is
             promised
             ,
             hath
             a
             right
             to
             compel
             the
             promiser
             ,
             to
             that
             which
             right
             Interpretation
             suggesteth
             ,
             for
             otherwise
             the
             matter
             would
             have
             no
             end
             .
          
           
             XII
             .
             In
             the
             Interpretation
             of
             Leagues
             and
             Truces
             ,
             there
             ought
             to
             be
             a
             very
             great
             care
             had
             ,
             in
             regard
             of
             the
             Sacredness
             of
             them
             ;
             therefore
             in
             things
             promised
             or
             secured
             by
             such
             Leagues
             ,
             some
             are
             favourable
             ,
             some
             odious
             ,
             some
             mixt
             ,
             or
             of
             a
             middle
             nature
             .
             Those
             that
             are
             most
             favoured
             are
             those
             whose
             words
             tend
             to
             Peace
             ,
             not
             to
             War
             ;
             whose
             foot-steps
             leave
             ever
             behind
             ,
             the
             deep
             impressions
             of
             misery
             ,
             devastation
             and
             poverty
             ,
             but
             more
             especially
             when
             such
             Leagues
             are
             made
             for
             
               War
               Defensive
            
             then
             otherwise
             ;
             but
             those
             are
             called
             odious
             ,
             which
             burden
             or
             oppress
             one
             part
             only
             ,
             or
             one
             more
             then
             the
             other
             ,
             and
             likewise
             such
             as
             tend
             to
             matter
             of
             Revenge
             or
             Punishment
             ,
             or
             to
             violate
             some
             former
             acts
             ,
             or
             obligations
             ,
             
               or
               the
               bringing
               in
               a
               change
               or
               innovation
               of
               what
            
             
             
               hath
               been
               constantly
               settled
               ,
               and
               used
               before
               .
            
             Mixt
             ,
             as
             where
             a
             change
             is
             propounded
             ;
             but
             that
             is
             with
             the
             Sisters
             of
             Moderation
             and
             Peace
             ,
             which
             are
             proportionably
             
             good
             ,
             according
             as
             the
             change
             may
             be
             esteemed
             .
             —
             Therefore
             the
             Standard
             Rule
             ,
             is
             ,
             that
             in
             Leagues
             and
             Treaties
             
               not
               odious
            
             ,
             the
             words
             are
             to
             be
             taken
             according
             to
             the
             full
             extent
             and
             propriety
             of
             popular
             use
             ;
             and
             if
             there
             be
             more
             significations
             ,
             the
             largest
             is
             best
             :
             on
             the
             other
             hand
             we
             are
             not
             to
             recur
             to
             significations
             plainly
             improper
             ,
             unless
             otherwise
             some
             absurdity
             or
             inutility
             of
             the
             agreement
             would
             follow
             :
             Again
             ,
             words
             are
             to
             be
             taken
             ever
             more
             strickly
             then
             propriety
             suffers
             ,
             if
             it
             be
             necessary
             for
             the
             avoyding
             of
             inequity
             or
             absurdity
             .
             But
             if
             there
             
             be
             not
             such
             necessity
             ,
             
               manifest
               equity
               or
               utility
            
             in
             the
             restriction
             ,
             we
             are
             to
             stay
             them
             within
             the
             narrowest
             bounds
             of
             propriety
             ,
             unless
             the
             cirumstances
             disswade
             ;
             on
             the
             other
             hand
             in
             Leagues
             or
             
               Promises
               odious
            
             ,
             even
             a
             figurative
             speech
             is
             admitted
             ,
             to
             avoid
             the
             Odium
             ,
             or
             burthen
             ,
             therefore
             in
             
               Donation
               ,
               Remission
            
             of
             ones
             
               Right
               ,
               Dominion
               or
               property
            
             ,
             they
             are
             alwaies
             to
             be
             construed
             to
             those
             things
             ,
             which
             were
             probably
             thought
             on
             ,
             and
             really
             intended
             .
             So
             aids
             and
             succours
             promised
             from
             one
             part
             ,
             
             only
             is
             to
             be
             understood
             to
             be
             due
             at
             the
             
               charges
               of
               him
               who
               shall
               acquire
               them
               .
            
          
        
         
           
           
             CHAP.
             IX
             .
             
               Of
               Treaties
               of
               Truce
               and
               Neutrality
               .
            
          
           
             
               
                 
                   I.
                   Of
                   Treaties
                   ,
                   the
                   various
                   sorts
                   .
                
                 
                   II.
                   Of
                   Rules
                   in
                   cases
                   doubtful
                   :
                
                 
                   III.
                   Of
                   Truces
                   amounting
                   to
                   a
                   Peace
                   .
                
                 
                   IV.
                   Of
                   the
                   advantages
                   between
                   Treaties
                   of
                   Truce
                   and
                   Peace
                   .
                
                 
                   V.
                   How
                   preserved
                   and
                   punished
                   in
                   England
                   .
                
                 
                   VI.
                   Of
                   Treaties
                   of
                   Neutrality
                   ,
                   the
                   various
                   sorts
                   .
                
                 
                   VII
                   .
                   Of
                   the
                   advantages
                   of
                   the
                   same
                   .
                
                 
                   VIII
                   .
                   In
                   cases
                   of
                   necessity
                   where
                   he
                   ought
                   to
                   declare
                   ,
                   and
                   for
                   whom
                   .
                
              
            
          
           
             I.
             TReaties
             are
             either
             with
             Enemies
             or
             Friends
             ,
             or
             with
             Persons
             which
             desire
             to
             continue
             Neuters
             with
             us
             ,
             or
             we
             with
             them
             .
          
           
             The
             Treaties
             which
             are
             made
             with
             our
             Enemies
             ,
             are
             either
             for
             
               a
               time
            
             ,
             or
             perpetual
             .
          
           
             Perpetual
             ,
             as
             the
             Peace
             that
             is
             made
             to
             compose
             all
             differences
             ,
             and
             the
             War
             that
             is
             undertaken
             for
             Conquest
             ,
             or
             for
             Reparation
             of
             injuries
             ,
             or
             to
             restore
             the
             Commerce
             .
          
           
             Treaties
             which
             are
             made
             for
             a
             time
             with
             our
             Enemies
             ,
             are
             called
             Truces
             ;
             the
             which
             are
             either
             General
             ,
             for
             all
             the
             States
             of
             the
             one
             or
             the
             other
             Prince
             ,
             for
             all
             Persons
             ,
             and
             for
             all
             sorts
             of
             Commerce
             :
             Or
             else
             they
             are
             Particular
             ,
             for
             certain
             Places
             ,
             for
             certain
             Persons
             ,
             and
             for
             the
             Commerce
             .
          
           
             II.
             When
             any
             one
             is
             bound
             by
             Alliance
             not
             to
             make
             Peace
             or
             Truce
             ,
             without
             the
             consent
             of
             his
             Allie
             ,
             and
             
             whose
             agreement
             seems
             doubtfull
             ,
             they
             set
             down
             no
             prefixed
             time
             ,
             but
             ,
             that
             
               it
               shall
               continue
               till
               he
               refuse
               ,
            
             and
             some
             
               reasonable
               time
               ascertained
               after
            
             ;
             as
             that
             which
             was
             made
             betwixt
             Charles
             the
             Eight
             ,
             and
             the
             King
             of
             Spain
             .
          
           
             III.
             Sometimes
             a
             
               General
               Truce
            
             holds
             the
             place
             of
             a
             
             Peace
             ,
             as
             that
             of
             a
             hundred
             years
             .
             Such
             Truces
             are
             commonly
             made
             betwixt
             Princes
             that
             are
             
               equal
               in
               Power
            
             ,
             and
             will
             not
             quit
             any
             thing
             of
             their
             Rights
             by
             Peace
             ;
             and
             yet
             desire
             to
             live
             quietly
             in
             the
             State
             wherein
             they
             are
             ,
             
               satisfying
               by
               this
               medium
               ,
               the
               Point
               of
               Honour
               .
            
          
           
             IV.
             
               Treaties
               of
               Truce
            
             are
             many
             times
             less
             subject
             to
             Rupture
             then
             a
             Peace
             ,
             which
             is
             made
             perpetual
             ;
             for
             Princes
             or
             States
             that
             find
             themselves
             aggrieved
             with
             a
             Treaty
             that
             is
             perpetual
             ,
             seek
             out
             plausible
             reasons
             to
             forsake
             it
             ,
             seeing
             the
             grievance
             cannot
             be
             otherwise
             repaired
             ;
             but
             if
             the
             time
             be
             limited
             and
             expired
             ,
             they
             may
             pursue
             that
             which
             they
             think
             
               ought
               to
               be
               granted
            
             ,
             and
             the
             other
             may
             oppose
             ;
             and
             if
             they
             have
             a
             desire
             to
             continue
             the
             Truce
             ,
             there
             is
             nothing
             so
             easy
             as
             to
             renew
             it
             .
             Hence
             it
             is
             become
             a
             Maxim
             in
             State
             ,
             that
             seeing
             Treaties
             are
             grounded
             on
             the
             
               Interests
               of
               Princes
               which
               change
               with
               the
               time
               ,
               it
               is
               necessary
               to
               change
               and
               settle
               them
               at
               the
               end
               of
               the
               time
               ,
               or
               to
               break
               them
               off
               :
            
             for
             it
             is
             in
             vain
             to
             trust
             to
             a
             bare
             Friendship
             .
          
           
             A
             Truce
             is
             likewise
             made
             to
             advance
             a
             Peace
             ,
             and
             to
             treat
             it
             ;
             so
             likewise
             it
             is
             sometimes
             promoted
             for
             the
             more
             honest
             discharge
             of
             a
             League
             ,
             which
             is
             made
             with
             some
             other
             Prince
             ,
             whom
             they
             have
             accustomed
             to
             comprehend
             therein
             :
             so
             as
             a
             Peace
             following
             it
             ,
             or
             a
             Truce
             not
             being
             accepted
             by
             him
             ,
             they
             take
             accasion
             to
             leave
             the
             League
             ,
             
               it
               being
               not
               his
               fault
            
             that
             leaves
             it
             ,
             that
             the
             War
             was
             not
             ended
             .
          
           
             And
             although
             it
             seems
             that
             a
             Truce
             cannot
             by
             its
             condition
             prejudice
             the
             pretention
             in
             the
             Principal
             ;
             yet
             it
             is
             most
             certain
             that
             if
             he
             which
             is
             chased
             out
             of
             a
             contentious
             State
             ,
             consents
             ,
             that
             during
             the
             
               Truce
               ,
               the
               Commerce
               shall
               be
               forbidden
               to
               his
               Subjects
               ,
               he
               doth
               wholly
               stop
               the
               gate
               ,
            
             *
             as
             Lewis
             the
             12th
             .
             did
             in
             the
             Truce
             which
             he
             made
             with
             Gonsalve
             ,
             after
             the
             Conquest
             of
             the
             Realm
             of
             Naples
             .
          
           
             In
             England
             by
             the
             Stat.
             2
             H.
             5.
             cap.
             6.
             
             Robbery
             ,
             spoiling
             ,
             breaking
             of
             Truces
             and
             Safe-Conducts
             by
             any
             of
             the
             
             Kings
             Liege
             People
             ,
             and
             Subjects
             within
             
               England
               ,
               Ireland
            
             and
             Wales
             ,
             or
             upon
             the
             main
             Sea
             ,
             was
             adjudged
             and
             determined
             to
             be
             High-treason
             ;
             but
             this
             branch
             concerning
             High-treason
             ,
             is
             repealed
             by
             the
             Stat.
             of
             20
             H.
             6.
             
             cap.
             11.
             but
             by
             the
             said
             Act
             of
             2
             H.
             5.
             for
             the
             better
             
             observation
             of
             Truces
             and
             Safe-Conducts
             ,
             
               Conservator
               Induciarum
               &
               salvorum
               Regis
               conductum
               ,
            
             was
             raised
             and
             appointed
             in
             every
             Port
             of
             the
             Sea
             by
             Letters
             Patents
             ,
             his
             Office
             was
             to
             enquire
             of
             all
             offences
             done
             against
             the
             Kings
             Truces
             ,
             and
             Safe-Conducts
             upon
             the
             main
             Sea
             (
             out
             of
             the
             Counties
             and
             out
             of
             the
             liberties
             of
             
               Cinque
               Ports
            
             ,
             as
             Admirals
             of
             Custom
             were
             used
             to
             do
             .
             Sir
             
               John
               Trebiel
            
             was
             committed
             to
             the
             Tower
             ,
             for
             taking
             a
             French
             Ship
             ,
             and
             being
             brought
             into
             Parliament
             did
             there
             justify
             the
             same
             ;
             but
             at
             last
             confessed
             his
             fault
             ,
             and
             begged
             the
             Kings
             Pardon
             :
             †
             generally
             all
             Leagues
             and
             Safe-Conducts
             are
             ,
             or
             ought
             to
             be
             of
             Record
             ,
             that
             is
             ,
             they
             ought
             to
             be
             
               Inrolled
               in
               the
               Chancery
            
             ,
             to
             the
             end
             the
             Subject
             may
             know
             who
             are
             in
             Amity
             with
             the
             King
             ,
             and
             who
             not
             :
             who
             be
             Enemies
             ,
             and
             can
             have
             no
             Action
             here
             ,
             and
             who
             in
             League
             ,
             and
             may
             have
             Actions
             personal
             here
             .
          
           
             Sometimes
             they
             have
             been
             inrolled
             in
             the
             Wardrobe
             ,
             
             as
             being
             matters
             of
             State.
             
          
           
             Note
             ;
             
               In
               all
               Treaties
               ,
               the
               power
               of
               the
               one
               party
               ,
               and
               the
            
             
             
               other
               ,
               ought
               to
               be
               equal
               ;
               nor
               are
               they
               to
               be
               held
               firm
               till
               ratified
               .
            
          
           
             Before
             the
             Statute
             when
             any
             breach
             of
             Truces
             or
             Leagues
             
             happened
             ,
             or
             was
             occasioned
             by
             the
             misdemeanours
             of
             any
             of
             the
             King
             of
             Englands
             Subjects
             ,
             there
             did
             usually
             issue
             forth
             Commissions
             under
             the
             
               Great
               Seal
               of
               England
            
             ,
             to
             enquire
             of
             the
             fringers
             of
             the
             same
             ,
             and
             to
             punish
             and
             award
             satisfaction
             to
             the
             injured
             .
          
           
             VI.
             Princes
             who
             neither
             love
             nor
             hate
             any
             thing
             absolutely
             ,
             seem
             generally
             inclined
             to
             neutrality
             ,
             and
             in
             that
             govern
             themselves
             in
             their
             Friendships
             ,
             according
             to
             their
             interests
             ;
             and
             
               Reasons
               of
               State
            
             ,
             in
             effect
             is
             no
             other
             but
             
               Reason
               of
               Interest
            
             .
          
           
             Neutrality
             may
             be
             of
             two
             sorts
             ;
             the
             one
             with
             
               Alliance
               with
               either
               part
            
             ,
             the
             other
             
               without
               Alliance
            
             ,
             or
             so
             much
             as
             the
             least
             tie
             to
             the
             one
             or
             other
             ,
             which
             is
             that
             which
             properly
             may
             be
             called
             Neutrality
             .
          
           
             The
             first
             is
             governed
             by
             the
             
               Treaty
               of
               Neutrality
            
             ,
             the
             latter
             by
             the
             
               Discretion
               of
               the
               Neuter
               Prince
            
             ,
             whose
             carriage
             ought
             alwaies
             to
             be
             such
             ,
             as
             that
             he
             may
             not
             give
             the
             least
             glimpse
             of
             inclining
             more
             to
             one
             then
             to
             another
             .
          
           
             VII
             :
             The
             advantages
             of
             Neutrality
             ,
             are
             ,
             that
             the
             
             neuter
             Prince
             or
             Republique
             is
             honoured
             and
             respected
             of
             both
             Parties
             ,
             and
             by
             the
             fear
             of
             his
             declaring
             against
             one
             of
             them
             he
             remains
             Arbitrator
             of
             others
             ,
             &
             Master
             of
             himself
             .
          
           
             And
             as
             a
             Neuter
             neither
             purchases
             Friends
             ,
             nor
             
               frees
               himself
               from
               Enemies
            
             ;
             so
             commonly
             he
             proves
             a
             prey
             to
             the
             Victor
             :
             hence
             it
             is
             held
             more
             advantage
             
               to
               hazard
               in
               a
               Conquest
               with
               a
               Companion
               ,
               then
               to
               remain
               in
               a
               State
               wherein
               he
               is
               in
               all
               probability
               of
               being
               ruined
               by
               the
               one
               or
               the
               other
               .
            
          
           
             But
             Princes
             that
             are
             powerful
             ,
             have
             used
             generally
             to
             preserve
             a
             Neutrality
             :
             for
             whilst
             Petty
             Princes
             and
             States
             ruin
             themselves
             by
             War
             ,
             he
             fortifies
             himself
             with
             means
             ;
             and
             in
             the
             end
             ,
             may
             make
             himself
             Judge
             of
             their
             differences
             .
          
           
             On
             the
             other
             hand
             ,
             it
             hath
             been
             conceived
             ,
             that
             Reipubliques
             that
             are
             weak
             ,
             what
             part
             soever
             they
             take
             ,
             it
             will
             be
             dangerous
             unto
             them
             ,
             especially
             if
             they
             are
             in
             the
             midst
             of
             two
             more
             powerful
             States
             then
             themselves
             ;
             but
             experience
             hath
             made
             it
             appear
             to
             the
             contrary
             ,
             that
             Neutrality
             is
             more
             beneficial
             to
             a
             
               weak
               Prince
               or
               Reipublique
            
             ;
             so
             that
             they
             that
             are
             at
             War
             be
             not
             barbarous
             
             or
             inhumane
             ;
             for
             although
             a
             Neutrality
             does
             not
             please
             either
             party
             ,
             yet
             in
             effect
             wrongs
             no
             Man
             ;
             and
             as
             he
             doth
             not
             serve
             ,
             so
             he
             does
             not
             hurt
             ;
             besides
             his
             declaration
             is
             reserved
             till
             the
             issue
             of
             the
             War
             ,
             by
             which
             means
             he
             is
             not
             oblidged
             that
             by
             siding
             with
             eiher
             party
             ,
             to
             gain
             or
             loose
             by
             the
             War.
             
          
           
             VIII
             .
             But
             if
             the
             Neuter
             be
             prest
             by
             necessity
             to
             declare
             himself
             ,
             he
             must
             do
             it
             
               for
               the
               most
               powerful
            
             of
             the
             two
             parties
             ,
             following
             that
             
               Roman
               Maxime
               ,
               That
               either
               they
               must
               make
               themselves
               the
               strongest
               ,
               or
               be
               a
               friend
               to
               the
               strongest
               :
            
             So
             they
             of
             Strasburgh
             †
             declared
             for
             the
             Empire
             against
             the
             French
             ;
             on
             the
             other
             hand
             ,
             if
             the
             Neuter
             sees
             ,
             that
             joyning
             to
             the
             weaker
             ,
             will
             ballance
             the
             power
             of
             the
             stronger
             ,
             and
             by
             this
             counterpoize
             ,
             reduce
             them
             to
             reason
             :
             the
             same
             hath
             been
             generally
             followed
             upon
             the
             Maxime
             ,
             That
             the
             
               safety
               of
               States
               consist
               chiefly
               in
               an
               equal
               counterpoize
               of
               the
               one
               ,
               and
               the
               other
               ;
               for
               as
               the
               greatness
               and
               oppulancy
               of
               a
               Prince
               draws
               after
               it
               the
               ruin
               of
               their
               Neighbours
               ,
               it
               is
               wisdom
               to
               prevent
               it
               .
            
          
        
         
           
           
             CHAP.
             X.
             
               Of
               the
               immunities
               and
               Priviledges
               of
               Ambassadors
               ,
               and
               other
               publique
               Ministers
               of
               State.
               
            
          
           
             
               
                 
                   I.
                   Of
                   the
                   Function
                   of
                   Ambassadors
                   and
                   Agents
                   generally
                   .
                
                 
                   II.
                   Of
                   their
                   right
                   and
                   protection
                   by
                   the
                   Laws
                   Divine
                   and
                   of
                   Nations
                   .
                
                 
                   III.
                   Of
                   precaution
                   ,
                   whether
                   the
                   same
                   may
                   be
                   given
                   to
                   such
                   not
                   to
                   come
                   ,
                   and
                   attempting
                   against
                   such
                   interdiction
                   ,
                   how
                   dealt
                   with
                   ,
                   and
                   of
                   punishment
                   of
                   those
                   that
                   shall
                   hurt
                   them
                   by
                   the
                   Laws
                   of
                   England
                   .
                
                 
                   IV.
                   Of
                   the
                   several
                   causes
                   that
                   Princes
                   or
                   Reipubliques
                   may
                   reject
                   such
                   publique
                   Ministers
                   of
                   State.
                   
                
                 
                   V.
                   Where
                   Ambassadors
                   may
                   be
                   subjected
                   to
                   punishment
                   by
                   the
                   Laws
                   of
                   Nations
                   .
                
                 
                   VI.
                   Of
                   the
                   proceeding
                   against
                   them
                   by
                   Princes
                   &
                   States
                   at
                   this
                   day
                   ,
                   according
                   to
                   the
                   practise
                   of
                   Nations
                   .
                
                 
                   VII
                   .
                   Of
                   the
                   various
                   proceedings
                   against
                   them
                   by
                   several
                   Princes
                   and
                   Reipubliques
                   ,
                   illustrated
                   in
                   15
                   Presidents
                   of
                   examples
                   .
                
                 
                   VIII
                   .
                   Of
                   the
                   proceeding
                   against
                   them
                   ,
                   according
                   to
                   the
                   pactise
                   in
                   England
                   .
                
                 
                   IX
                   .
                   Ambassadors
                   ,
                   where
                   they
                   forfeit
                   their
                   Priviledge
                   by
                   the
                   Laws
                   of
                   England
                   .
                
                 
                   X.
                   Where
                   actions
                   committed
                   by
                   them
                   ,
                   though
                   against
                   the
                   known
                   Laws
                   ,
                   yet
                   oblidges
                   them
                   not
                   to
                   a
                   forfeiture
                   of
                   their
                   Priviledge
                   .
                
                 
                   XI
                   .
                   Of
                   the
                   duty
                   of
                   Ambassadors
                   in
                   cases
                   Civil
                   ,
                   and
                   what
                   their
                   Office
                   includes
                   for
                   the
                   King
                   and
                   Nation
                   ,
                   whom
                   they
                   represent
                   .
                
                 
                   XII
                   .
                   Whether
                   the
                   House
                   of
                   an
                   Ambassador
                   can
                   be
                   a
                   Sanctuary
                   ,
                   or
                   whether
                   he
                   may
                   exercise
                   a
                   Royal
                   Jurisdiction
                   over
                   his
                   Servants
                   and
                   Vassals
                   ;
                   whether
                   the
                   same
                   proceeds
                   from
                   the
                   Laws
                   of
                   Nations
                   .
                
                 
                   XIII
                   .
                   Whether
                   the
                   Goods
                   of
                   an
                   Ambassador
                   may
                   be
                   seized
                   for
                   debt
                   or
                   other
                   Contracts
                   .
                
                 
                   XIV
                   .
                   Whether
                   outrages
                   committed
                   by
                   publique
                   Ministers
                   of
                   State
                   ,
                   can
                   subject
                   them
                   to
                   punishment
                   .
                
                 
                   XV.
                   Of
                   the
                   punishment
                   of
                   those
                   that
                   commit
                   any
                   outrage
                   on
                   them
                   .
                
                 
                   XVI
                   .
                   Some
                   observation
                   of
                   the
                   immunities
                   and
                   Government
                   by
                   the
                   Laws
                   of
                   Venice
                   of
                   their
                   Ambassadors
                   .
                
              
            
          
           
             AN
             Ambassador
             and
             Agent
             is
             the
             same
             thing
             ,
             if
             we
             consider
             only
             the
             Function
             of
             their
             Charges
             :
             only
             in
             this
             they
             differ
             ;
             an
             Agent
             hath
             charge
             to
             represent
             the
             
               Affairs
               only
            
             ,
             but
             an
             Ambassadors
             ought
             represent
             the
             
               Greatness
               of
               his
               Master
               ,
               and
               of
               his
               Affairs
               .
            
          
           
           
             II.
             The
             right
             of
             Ambassadors
             is
             secured
             both
             by
             the
             Safeguard
             of
             Men
             ,
             and
             also
             by
             the
             protection
             of
             the
             
               Law
               Divine
            
             ;
             therefore
             to
             violate
             this
             ,
             is
             not
             only
             unjust
             ,
             but
             
               impious
               too
            
             :
             and
             as
             Protection
             is
             given
             to
             the
             Legates
             of
             Supream
             
             Rulers
             by
             the
             
               Laws
               of
               Nations
            
             ,
             so
             by
             the
             
               Civil
               Law
            
             ,
             there
             is
             a
             protection
             likewise
             for
             
               Provincial
               Legates
            
             ,
             and
             
               Heraulds
               ,
               &c.
            
             
             This
             Right
             of
             Legation
             was
             originally
             provided
             ,
             saith
             Livy
             ,
             for
             a
             Forreigner
             ,
             not
             a
             Citizen
             ;
             yet
             in
             
             Civil
             Wars
             ,
             necessity
             sometimes
             makes
             place
             for
             this
             right
             besides
             the
             Rule
             ,
             as
             when
             the
             People
             are
             so
             divided
             into
             equal
             parts
             ,
             that
             it
             is
             doubtful
             on
             which
             side
             the
             right
             of
             Empire
             lyeth
             ,
             as
             that
             unhappy
             spot
             of
             Flanders
             ,
             or
             
             when
             the
             right
             being
             much
             controverted
             ,
             two
             contend
             for
             the
             succession
             to
             the
             Throne
             ;
             for
             in
             this
             case
             one
             Nation
             is
             reckoned
             as
             two
             ,
             and
             so
             was
             the
             State
             of
             England
             ,
             when
             the
             House
             of
             York
             and
             Lancaster
             ,
             contended
             for
             the
             Crown
             ;
             nay
             ,
             this
             right
             of
             Legation
             hath
             been
             preserved
             that
             the
             very
             Messengers
             of
             Rebels
             have
             been
             protected
             ,
             as
             were
             those
             of
             Holland
             by
             Phillip
             of
             Spain
             :
             So
             great
             a
             respect
             †
             have
             Nations
             had
             in
             all
             times
             to
             such
             Men
             ,
             that
             even
             Pyrats
             and
             Robbers
             ,
             who
             make
             not
             a
             Society
             ,
             nor
             have
             any
             Protection
             by
             the
             
               Law
               of
               Nations
            
             ,
             and
             with
             whom
             neither
             Faith
             nor
             Oath
             (
             as
             some
             conceive
             )
             may
             be
             kept
             ;
             Faith
             being
             given
             them
             ,
             obtain
             the
             right
             of
             Legation
             ,
             as
             once
             the
             Fugitives
             in
             the
             
               Perynean
               Forest.
            
             
          
           
             III.
             Ambassadors
             may
             by
             a
             precaution
             be
             warned
             not
             to
             come
             ,
             if
             they
             dare
             ,
             they
             shall
             be
             taken
             for
             Enemies
             ;
             but
             once
             admitted
             even
             with
             Enemies
             in
             Arms
             ,
             much
             less
             with
             Enemies
             not
             in
             actual
             hostility
             ,
             have
             the
             protection
             
             and
             Safe-guard
             of
             the
             Laws
             of
             Nations
             ;
             and
             therefore
             their
             Quallity
             being
             admitted
             by
             Safe-conduct
             ,
             they
             are
             to
             be
             preserved
             as
             Princes
             ;
             and
             so
             it
             was
             declared
             in
             Parliament
             ,
             where
             the
             killing
             of
             
               John
               Imperial
            
             ,
             Ambassador
             from
             the
             States
             of
             Genoa
             ,
             was
             High-treason
             ,
             
               Crimen
               laesae
               Majestatis
            
             .
          
           
             *
             So
             likewise
             of
             
               A.
               de
               Walton
            
             ,
             the
             Kings
             Ambassador
             
               Nuncium
               Domini
               Regis
               missum
               ad
               mandatum
               Regis
               exequendum
               ,
            
             
             who
             was
             murdered
             by
             one
             
               John
               Hill
            
             ,
             for
             which
             offence
             it
             was
             adjudged
             High-treason
             ,
             and
             accordingly
             he
             was
             drawn
             ,
             hang'd
             and
             beheaded
             .
          
           
             IV.
             On
             the
             other
             hand
             ,
             Ambassadors
             may
             not
             alwaies
             be
             received
             ,
             though
             alwaies
             they
             ought
             not
             to
             be
             rejected
             ;
             for
             there
             may
             be
             cause
             from
             him
             from
             whom
             they
             come
             ,
             as
             the
             
               Roman
               Senate
            
             would
             not
             admit
             of
             the
             Ambassage
             of
             the
             Carthaginian
             ,
             whose
             Army
             was
             then
             in
             Italy
             ;
             the
             
             King
             of
             Spain
             those
             of
             Holland
             ,
             and
             the
             then
             Pope
             the
             Ambassadors
             of
             
               Henry
               the
               2d
            
             .
             after
             the
             murder
             of
             
               Becket
               Arch.
               Bishop
               of
               Canterbury
            
             :
             so
             likewise
             from
             the
             very
             Persons
             
             that
             are
             sent
             ,
             as
             
               Theodorus
               Athest
            
             ,
             whom
             Lisimachus
             would
             not
             give
             Audience
             to
             ,
             and
             Mr.
             
               Oliver
               Lewis
               the
               11th's
               Barber
            
             ,
             whom
             they
             of
             Caunt
             refused
             .
             
          
           
             So
             likewise
             where
             the
             cause
             of
             sending
             is
             suspected
             ,
             as
             in
             reference
             to
             disturbe
             the
             People
             or
             intentions
             rather
             to
             sow
             sedition
             then
             to
             conclude
             a
             Peace
             (
             if
             such
             be
             their
             errand
             )
             or
             not
             honourable
             or
             unseasonable
             ;
             as
             for
             those
             assiduous
             Legations
             which
             are
             now
             in
             use
             ,
             they
             may
             with
             very
             good
             right
             be
             rejected
             ;
             for
             the
             no-necessity
             of
             them
             appears
             ,
             by
             the
             Antient
             Custom
             whereto
             they
             are
             unknown
             .
          
           
             The
             Venetian
             having
             admitted
             Henry
             the
             Fourth
             of
             France
             his
             Ambassador
             ,
             yet
             they
             interdicted
             him
             †
             to
             come
             with
             the
             other
             Ambassadors
             to
             the
             Chappel
             ,
             till
             the
             King
             was
             reconciled
             to
             the
             
               Church
               of
               Rome
            
             .
          
           
             V.
             By
             the
             Laws
             of
             Nations
             ,
             only
             unjust
             force
             is
             kept
             from
             the
             Bodies
             of
             Ambassadors
             ;
             for
             if
             the
             Laws
             of
             Nations
             
             be
             broken
             by
             him
             ,
             he
             is
             subject
             to
             punishment
             .
          
           
             Yet
             the
             opinion
             of
             Nations
             and
             Men
             Eminent
             for
             Wisedom
             ,
             have
             been
             doubtful
             in
             this
             point
             ,
             and
             Presidents
             on
             both
             sides
             have
             been
             avouched
             ,
             one
             which
             seems
             to
             refute
             that
             position
             of
             punishing
             such
             Ministers
             of
             State
             :
             the
             Ambassadors
             of
             Tarquin
             ,
             who
             had
             committed
             treason
             at
             Rome
             ,
             *
             and
             as
             Livy
             observes
             ,
             were
             in
             the
             State
             of
             Enemies
             ;
             yet
             the
             
               Right
               of
               Nations
               ,
               as
               he
               calls
               it
               ,
               prevailed
               so
               far
               as
               to
               preserve
               them
               ,
               although
               in
               a
               case
               of
               hostility
               :
            
             On
             the
             other
             hand
             ,
             †
             Salust
             observes
             ,
             that
             Bomilicar
             ,
             one
             of
             the
             Carthaginian
             Ambassadors
             ,
             
             who
             came
             to
             Rome
             on
             the
             Publique
             Faith
             ,
             
               was
               adjudged
               guilty
               ,
               rather
            
             (
             saith
             he
             )
             
               by
               the
               Rules
               of
               Equity
               ,
               then
               by
               the
               Laws
               of
               Nations
               ;
               Equity
               ,
            
             that
             is
             the
             meer
             
               Law
               of
               Nature
            
             suffers
             punishment
             to
             be
             exacted
             where
             there
             is
             found
             a
             delinquent
             ,
             but
             the
             Laws
             of
             Nations
             except
             the
             Persons
             of
             Ambassadors
             ;
             for
             certainly
             their
             security
             out-weighs
             
             the
             
               profit
               arising
               from
               punishment
            
             ,
             which
             may
             be
             inflicted
             by
             him
             that
             hath
             sent
             him
             (
             if
             he
             be
             willing
             )
             if
             unwilling
             ,
             it
             may
             be
             exacted
             of
             him
             as
             an
             approver
             of
             the
             crime
             .
          
           
             VI.
             Again
             ,
             as
             Ambassadors
             are
             not
             to
             render
             a
             
               reason
               of
               〈◊〉
               actions
               to
               any
               other
               ,
            
             but
             him
             by
             whom
             they
             are
             sent
             ●…nd
             it
             is
             impossible
             ,
             but
             by
             the
             reason
             of
             various
             
               Interests
               and
               other
               secrets
            
             of
             State
             ,
             which
             pass
             through
             their
             hands
             ,
             somewhat
             may
             be
             said
             ,
             which
             bears
             a
             show
             
             or
             face
             of
             crime
             ,
             (
             which
             perhaps
             may
             prove
             otherwise
             ;
             )
             yet
             the
             examining
             and
             tracing
             of
             the
             truth
             ,
             may
             be
             of
             a
             dangerous
             consequence
             ,
             and
             therefore
             if
             the
             offence
             be
             
             such
             as
             may
             be
             contemned
             ,
             it
             is
             usually
             to
             be
             dissembled
             or
             connived
             at
             ,
             or
             else
             the
             Ambassadour
             be
             commanded
             to
             depart
             the
             Realm
             ;
             and
             if
             the
             crime
             be
             cruel
             ,
             and
             publiquely
             mischievious
             ,
             the
             Ambassadors
             may
             be
             sent
             with
             
               Letters
               of
               Request
            
             to
             his
             Master
             to
             inflict
             punishment
             ,
             
             according
             to
             the
             offence
             :
             So
             likewise
             in
             the
             precaution
             of
             a
             great
             mischief
             ,
             especially
             publique
             ,
             (
             if
             
             there
             be
             no
             other
             remedy
             )
             Ambassadors
             may
             be
             apprehended
             and
             executed
             ;
             and
             if
             they
             oppose
             by
             force
             of
             Arms
             ,
             they
             may
             be
             slain
             .
          
           
             In
             the
             Bishop
             of
             Rosses
             Case
             ,
             An.
             13
             Eliz.
             the
             question
             was
             ,
             
               An
               Legatus
               qui
               rebellionem
               contra
               Principem
               ad
               quem
            
             
             
               Legatus
               concitat
               ,
               Legati
               Privilegiis
               gaudeat
               ,
               &
               non
               ut
               hostis
               poenis
               subjaceat
            
             ;
             and
             it
             was
             resolved
             ,
             that
             he
             had
             lost
             the
             Priviledge
             of
             an
             Ambassador
             ,
             and
             was
             subject
             to
             punishment
             ;
             nor
             can
             Ambassadors
             be
             defended
             by
             the
             Law
             of
             Nations
             ,
             when
             they
             commit
             any
             thing
             against
             the
             State
             or
             Person
             of
             the
             Prince
             with
             whom
             they
             reside
             .
          
           
           
             And
             why
             Ambassadors
             are
             in
             safety
             in
             their
             Enemies
             Countries
             ,
             and
             are
             to
             be
             spared
             when
             they
             commit
             offences
             ,
             is
             not
             so
             much
             for
             their
             own
             or
             Masters
             sake
             ,
             
               but
               because
               without
               them
               there
               will
               never
               be
               an
               end
               of
               hostility
               ,
               nor
               Peace
               after
               Wars
               :
            
             neither
             is
             the
             Name
             or
             Person
             of
             an
             Ambassador
             so
             inviolable
             ,
             either
             in
             Peace
             or
             in
             time
             of
             War
             ,
             but
             there
             may
             be
             both
             a
             convenient
             time
             and
             a
             good
             occasion
             to
             punish
             them
             ,
             and
             this
             standing
             with
             the
             Laws
             of
             Nations
             .
          
           
             VII
             .
             The
             
               Signiory
               of
               Venice
            
             understanding
             that
             certain
             Traytors
             ,
             who
             had
             revealed
             their
             Secrets
             to
             the
             Turk
             ,
             were
             fled
             for
             protection
             into
             the
             House
             of
             the
             
               French
               Ambassador
            
             at
             Venice
             ,
             sent
             Officers
             to
             search
             the
             Ambassador's
             House
             ;
             but
             the
             Ambassador
             refusing
             them
             enterance
             ,
             the
             Senate
             commanded
             certain
             Cannon
             to
             be
             brought
             out
             of
             the
             Arsenal
             to
             beat
             down
             his
             House
             ,
             which
             when
             he
             saw
             planted
             ,
             he
             surrendred
             up
             the
             Traytors
             .
          
           
             (
             1
             )
             The
             Ambassadors
             of
             
               Tarquins
               ,
               Morte
               affligendos
               Romani
               non
               judicarunt
               ,
               &
               quanquam
               visi
               sunt
               ut
               hostium
               loco
               essent
               ,
               jus
               tamen
               Gentium
               voluit
               .
            
          
           
             (
             2
             )
             The
             
               State
               of
               Rome
            
             ,
             though
             in
             case
             of
             most
             capital
             crimes
             ,
             exempted
             the
             Tribunes
             of
             the
             People
             from
             question
             
             during
             the
             Year
             of
             Office.
             
          
           
             (
             3
             )
             The
             Ambassadors
             of
             the
             Protestants
             ,
             at
             the
             
               Councel
               of
               Trent
            
             ,
             though
             divulging
             there
             the
             Doctrine
             of
             the
             Church
             ,
             contrary
             to
             a
             Decree
             there
             ,
             enacted
             a
             crime
             equivalent
             to
             Treason
             ,
             yet
             stood
             they
             protected
             from
             
             any
             punishment
             .
          
           
             It
             is
             generally
             consented
             by
             all
             the
             Civilians
             ,
             That
             
               Legis
               de
               jure
               Gentium
               indictum
               est
               ,
               &
               eorum
               corpora
               salva
            
             
             
               sint
               ,
               propter
               necessitatem
               Legationis
               ac
               ne
               confundant
               jura
               commercii
               inter
               Principes
               .
            
          
           
             (
             4
             )
             Viva
             ,
             the
             
               Popes
               Legates
            
             ,
             was
             restrained
             by
             Henry
             the
             Second
             ,
             for
             exercising
             a
             Power
             within
             his
             Realm
             ,
             not
             allowed
             or
             admitted
             of
             by
             the
             King
             ,
             in
             disquiet
             of
             the
             State
             ,
             and
             forced
             to
             swear
             not
             to
             act
             any
             thing
             
               in
               praejudicium
               Regis
               vel
               Regni
            
             .
          
           
             (
             5
             )
             On
             the
             other
             hand
             ,
             it
             has
             been
             answered
             ,
             that
             
             
             they
             are
             by
             the
             Laws
             of
             Nations
             exempted
             from
             Regal
             Tryal
             ,
             all
             actions
             of
             one
             so
             quallified
             ,
             being
             made
             the
             act
             of
             his
             Master
             ,
             or
             those
             whom
             he
             represents
             ,
             until
             he
             or
             they
             disadvow
             ,
             and
             injuries
             of
             one
             
               Absolute
               Prince
            
             or
             State
             to
             another
             ,
             is
             
               factum
               hostilitatis
            
             ,
             and
             not
             Treason
             ;
             the
             immunity
             of
             whom
             Civilians
             collect
             as
             they
             do
             the
             rest
             of
             their
             grounds
             from
             the
             practise
             of
             the
             
               Roman
               State
            
             ,
             deducing
             their
             Arguments
             these
             examples
             ;
             The
             Fabii
             Ambassadors
             from
             Rome
             were
             turn'd
             safe
             from
             the
             Chades
             ,
             with
             demand
             of
             Justice
             against
             them
             
             only
             ,
             although
             they
             had
             been
             taken
             bearing
             Arms
             with
             the
             Ethurian
             their
             Enemies
             .
             
               Titus
               Liv.
            
             2.
             
             Dec.
             
          
           
             (
             6
             )
             King
             Edward
             the
             Second
             of
             England
             ,
             sent
             amongst
             others
             a
             
               French
               Gentleman
            
             Ambassador
             into
             France
             ;
             the
             King
             upon
             this
             arraigned
             him
             as
             a
             Traytor
             ,
             for
             serving
             the
             King
             of
             England
             as
             Ambassador
             ,
             who
             was
             his
             Enemy
             ;
             (
             but
             the
             Queen
             procured
             his
             pardon
             .
             )
          
           
             (
             7
             )
             Henry
             the
             Third
             did
             the
             like
             to
             one
             of
             the
             Popes
             Ambassadors
             ,
             his
             Colleague
             flying
             the
             Realm
             secretly
             ,
             fearing
             
               timens
               pelli
               sui
            
             ,
             as
             the
             Records
             has
             it
             .
             Edward
             the
             First
             restrained
             another
             of
             the
             Popes
             turbulent
             Embassadors
             ,
             
             untill
             he
             had
             (
             as
             his
             progenitors
             had
             )
             informed
             the
             Pope
             of
             the
             fault
             of
             his
             Minister
             ,
             and
             received
             satisfaction
             for
             the
             wrongs
             .
          
           
             (
             8
             )
             Henry
             the
             Eighth
             commanded
             a
             French
             Ambassador
             to
             depart
             presently
             out
             of
             the
             Realm
             ;
             but
             because
             he
             was
             the
             professed
             enemy
             of
             the
             Seat
             of
             Rome
             .
          
           
             (
             9
             )
             
               Lewis
               de
               Prat
            
             ,
             Ambassador
             for
             Charles
             the
             Fifth
             ,
             was
             commanded
             to
             his
             house
             ,
             for
             accusing
             falsly
             
               Cardinal
               Wolsey
            
             to
             have
             practised
             a
             breach
             between
             Henry
             the
             Eighth
             and
             his
             Master
             ,
             to
             make
             up
             the
             amity
             with
             the
             French
             King
             1523.
             
          
           
             (
             10
             )
             Sir
             
               Michael
               Throgmorton
            
             by
             Charles
             the
             Nineth
             of
             France
             was
             so
             served
             ,
             for
             being
             too
             busie
             with
             the
             Prince
             of
             Condy
             his
             faction
             .
          
           
             (
             11
             )
             The
             Popes
             Ambassador
             at
             Paris
             was
             arraigned
             for
             practising
             certain
             Treasons
             in
             France
             ,
             against
             the
             King
             in
             the
             
               Parliament
               of
               Paris
            
             ,
             and
             was
             there
             found
             guilty
             and
             ccommitted
             to
             Prison
             .
          
           
             (
             12
             )
             
               Doctor
               Man
            
             ,
             in
             the
             Year
             1567
             ,
             was
             taken
             from
             
             his
             house
             at
             Madrit
             in
             Spain
             ,
             and
             put
             under
             a
             Guard
             to
             a
             straighter
             Lodging
             ,
             for
             breeding
             a
             scandal
             (
             as
             the
             
               Condo
               Teri
            
             said
             )
             in
             using
             by
             Warrant
             of
             his
             place
             ,
             the
             Religion
             of
             his
             Countrey
             ,
             although
             he
             alledged
             the
             like
             permitted
             to
             
               Guzman
               de
               Silva
            
             their
             Ambassador
             in
             England
             ,
             and
             to
             the
             Turke
             ,
             no
             less
             then
             in
             Spain
             .
          
           
             (
             13
             )
             Francis
             the
             First
             King
             of
             France
             ,
             sent
             
               Caesar
               Tr●…gosus
            
             and
             
               Anthony
               Rincone
            
             ,
             Ambassadors
             to
             the
             Turk
             ,
             they
             were
             surprised
             by
             the
             Armies
             of
             Charles
             the
             Fifth
             ,
             on
             the
             River
             Poe
             ,
             in
             Italy
             ,
             and
             were
             put
             to
             death
             ;
             the
             French
             King
             complained
             that
             they
             were
             wrongfully
             murdered
             ,
             but
             the
             Emperor
             justified
             their
             death
             ;
             for
             that
             the
             one
             being
             a
             Genois
             ,
             and
             the
             other
             a
             Milanois
             ,
             and
             his
             Subjects
             feared
             not
             to
             serve
             the
             King
             his
             Enemy
             .
          
           
             (
             14
             )
             Henry
             the
             Eighth
             being
             in
             League
             with
             the
             French
             and
             at
             enmity
             with
             the
             Pope
             ,
             who
             was
             in
             League
             with
             the
             French
             King
             ,
             and
             who
             had
             sent
             
               Cardinal
               Poole
            
             to
             the
             French
             King
             ,
             of
             whom
             King
             Henry
             demanded
             the
             Cardinal
             ,
             being
             his
             Subject
             ,
             and
             attainted
             of
             Treason
             ,
             
               sed
               non
               praevaluit
            
             .
          
           
             (
             15
             )
             
               Samuel
               Pelagii
            
             ,
             a
             Subject
             to
             the
             King
             of
             Morocco
             ,
             pretended
             that
             he
             was
             an
             Ambassador
             sent
             unto
             the
             
               States
               General
            
             of
             the
             
               United
               Provinces
            
             ;
             he
             came
             to
             them
             ,
             and
             accordingly
             they
             did
             treat
             with
             him
             ,
             afterwards
             he
             departed
             ;
             and
             being
             upon
             the
             Sea
             ,
             he
             did
             take
             and
             spoil
             a
             Spanish
             Ship
             ,
             and
             then
             came
             into
             England
             ;
             the
             Spanish
             Ambassador
             here
             having
             received
             intelligence
             of
             the
             spoliation
             ,
             caused
             his
             Person
             to
             be
             seized
             upon
             ,
             intending
             to
             proceed
             against
             him
             as
             against
             a
             Pyrat
             ,
             and
             imprisoned
             him
             ,
             and
             upon
             conference
             with
             the
             
               Lord
               Coke
               ,
               Dordridge
            
             ,
             and
             other
             Judges
             and
             Civilians
             ,
             they
             declared
             their
             opinions
             ,
             That
             this
             Caption
             of
             the
             Spaniards
             Goods
             by
             the
             Morocco
             Ambassador
             ,
             the
             same
             is
             not
             in
             Judgement
             of
             Law
             a
             Pyracy
             ,
             in
             regard
             it
             being
             apparent
             that
             the
             King
             of
             Spain
             and
             the
             King
             of
             Morocco
             are
             enemies
             ,
             and
             the
             same
             was
             done
             in
             
               open
               Hostility
            
             ;
             and
             therefore
             in
             Judgement
             of
             Law
             could
             not
             be
             called
             
               Spoliatio
               ,
               sed
               legalis
               Captio
            
             ,
             and
             a
             Case
             out
             of
             2
             R.
             3.
             fo
             .
             2.
             was
             vouched
             ,
             where
             a
             Spanish
             Mere
             chant
             before
             the
             King
             and
             his
             
               Councel
               ,
               in
               Camera
               Scaccarii
            
             ,
             brought
             a
             Bill
             against
             divers
             English-Men
             there
             in
             
             setting
             forth
             
               quod
               depradatus
               &
               spoliatus
               fuit
            
             upon
             the
             Sea
             ,
             
               juxta
               partes
               Britanniae
               ,
               per
               quendam
               Virum
               bellicosum
               de
               Britannia
               de
               quadam
               Navi
               ,
            
             and
             of
             divers
             Merchandizes
             therein
             ,
             which
             were
             brought
             into
             England
             ,
             and
             came
             into
             the
             hands
             of
             divers
             English-Men
             ,
             naming
             them
             ,
             and
             so
             had
             process
             against
             them
             ,
             who
             came
             in
             ,
             and
             pleaded
             ;
             that
             in
             regard
             this
             depradation
             was
             done
             by
             a
             Stranger
             ,
             and
             not
             by
             the
             Subjects
             of
             the
             King
             ;
             and
             therefore
             they
             ought
             not
             to
             be
             punished
             ,
             in
             regard
             that
             the
             Stat.
             of
             31
             H.
             6.
             
             Cap.
             4.
             gives
             restitution
             by
             the
             
               Chancellor
               ,
               in
               Cancellaria
               sibi
               vocato
               uno
               Judice
               ,
               de
               uno
               Banco
               vel
               altero
            
             ;
             and
             by
             the
             Stat.
             of
             27
             Ed.
             3.
             
             Ca.
             13.
             that
             the
             restitution
             may
             be
             made
             in
             such
             a
             case
             upon
             proof
             made
             ,
             by
             the
             Chancellor
             himself
             without
             any
             Judge
             ;
             and
             upon
             that
             case
             it
             was
             resolved
             ,
             
               Quod
               quisquis
               extraneus
               ,
               &c.
            
             who
             brings
             his
             Bill
             upon
             this
             Stat.
             to
             have
             restitution
             ,
             
               debet
               probari
               quod
               tempore
               captionis
               fuit
               ,
               de
               amicitia
               Domini
               Regis
            
             ;
             and
             also
             
               quod
               ipse
               qui
               eum
               coeperit
               &
               spoliavit
               ,
               fuit
               etiam
               sub
               obedientia
               Regis
               ,
               vel
               de
               amicitia
               Domini
               Regis
               ,
               sive
               Principis
               quaerentis
               ,
               tempore
               spoliationis
               ,
               &
               non
               inimicus
               Domini
               Regis
               sive
               Principis
               quaerentis
               ,
               quia
               si
               fuerit
               inimicus
               ,
               &
               sic
               coeperit
               bona
               ,
               tunc
               non
               fuit
               spoliatio
               ,
               nec
               depradatio
               ,
               sed
               legalis
               captio
               ;
               pro
               ut
               quilibet
               inimicus
               ,
               capit
               super
               unum
               &
               alterum
            
             ;
             the
             Judgement
             of
             which
             case
             was
             held
             to
             be
             Law
             ,
             and
             thereupon
             the
             Judges
             delivered
             their
             opinions
             ,
             that
             the
             Morocco
             Ambassador
             could
             not
             be
             proceeded
             
             against
             as
             a
             Pyrat
             .
          
           
             (
             16
             )
             In
             the
             time
             of
             Philippe
             the
             Second
             of
             Spain
             ,
             the
             Venetian
             Ambassador
             in
             Madrid
             ,
             protecting
             one
             Bodovario
             a
             Venetian
             an
             offender
             ,
             that
             fled
             into
             his
             house
             ,
             and
             denying
             the
             Corigidor
             or
             Justices
             to
             enter
             his
             house
             ,
             where
             the
             Ambassador
             stood
             armed
             to
             withstand
             them
             ,
             upon
             complaint
             made
             ,
             the
             Ambassador
             was
             removed
             unto
             another
             house
             ,
             until
             they
             had
             searched
             and
             found
             the
             offendor
             ,
             then
             conducting
             back
             the
             Ambassador
             with
             all
             due
             respect
             ,
             a
             Guard
             was
             set
             upon
             his
             house
             to
             stay
             the
             fury
             of
             the
             enraged
             People
             ;
             the
             Ambassador
             complaining
             to
             the
             King
             ,
             he
             remitted
             it
             to
             the
             
               Supream
               Councel
            
             :
             they
             justified
             the
             proceedings
             ,
             condemning
             Bodavario
             to
             loose
             his
             head
             ,
             and
             other
             the
             Ambassadors
             Servants
             to
             the
             
             all
             which
             the
             King
             turned
             to
             Banishment
             ,
             and
             to
             satisfy
             the
             most
             
               Serene
               Republique
            
             ,
             sent
             the
             whole
             process
             to
             
               Inego
               d'
               Mendoza
            
             his
             Ambassador
             at
             Venice
             ,
             and
             declaring
             by
             a
             publique
             Ordinance
             unto
             that
             State
             ,
             and
             all
             other
             Princes
             ,
             
               That
               in
               case
               his
               Ambassador
               should
               commit
               any
               offence
               unworthily
               ,
               and
               disagreeing
               to
               their
               qualities
               and
               professions
               of
               Ambassadors
               ,
               they
               should
               not
               enjoy
               the
               Priviledge
               of
               those
               Officers
               ,
               but
               would
               refer
               them
               to
               be
               judged
               by
               the
               Laws
               of
               that
               Prince
               or
               States
               where
               they
               then
               resided
               ,
               and
               where
               they
               had
               injured
               ,
            
             it
             was
             a
             great
             and
             a
             noble
             Saying
             .
             
          
           
             (
             17
             )
             In
             the
             Year
             1568
             ,
             
               Don
               Guhernon
               d'Espes
            
             was
             ordered
             to
             keep
             his
             house
             in
             London
             ,
             for
             sending
             scandalous
             Letters
             to
             the
             Duke
             
               de
               Alica
            
             unsealed
             ,
             and
             in
             
             1586
             
               Don
               Bernardino
               de
               Mendoza
            
             ,
             was
             restrained
             first
             ,
             and
             after
             commanded
             away
             .
          
           
             (
             8
             )
             The
             manner
             of
             proceeding
             against
             them
             ,
             has
             been
             conceived
             necessary
             to
             be
             that
             some
             of
             the
             Chief
             Secretaries
             of
             State
             were
             sent
             to
             the
             Ambassadors
             ,
             and
             by
             way
             of
             advice
             ,
             that
             understanding
             that
             the
             Common
             People
             having
             received
             notice
             of
             ,
             &c.
             
             
               And
               that
               they
               cannot
               but
               conceive
               a
               just
               fear
               of
               uncivil
               carriage
               towards
               their
               Excellencies
               or
               their
               followers
               ,
               if
               any
               the
               least
               incitement
               should
               arise
               ,
               and
               therefore
               for
               quiet
               of
               the
               State
               ,
               and
               securing
               of
               their
               Persons
               ,
               they
               were
               bound
               in
               love
               and
               respect
               to
               their
               Excellencies
               to
               restrain
               as
               well
               themselves
               as
               followers
               ,
               untill
               a
               further
               course
               be
               taken
               by
               legal
               examination
               ,
               where
               the
               aspersion
               began
               ,
               the
               same
               being
               in
               their
               opinions
               the
               best
               and
               the
               only
               way
               to
               prevent
               the
               danger
               ,
               &c.
               
            
          
           
             Sometimes
             ,
             if
             the
             Parliament
             be
             sitting
             ,
             the
             King
             acquaints
             the
             Lords
             ,
             and
             then
             departing
             ,
             who
             having
             had
             conference
             with
             the
             Commons
             ,
             conclude
             of
             a
             Message
             to
             be
             sent
             to
             the
             Ambassadors
             ,
             (
             either
             by
             requiring
             an
             account
             of
             the
             matter
             or
             confining
             of
             them
             )
             the
             Persons
             to
             be
             sent
             ,
             the
             two
             Speakers
             of
             both
             Houses
             ,
             with
             some
             convenient
             number
             of
             either
             ,
             having
             their
             Maces
             ,
             or
             Ensigns
             of
             Offices
             born
             before
             them
             to
             the
             Ambassadors
             Gates
             ,
             and
             then
             forborn
             ;
             and
             then
             requested
             speech
             with
             them
             ,
             let
             them
             know
             that
             a
             relation
             being
             made
             that
             day
             in
             open
             Parliament
             of
             ,
             &c.
             they
             were
             deputed
             from
             both
             
             
               Houses
               ,
               the
               Great
               Councel
               of
               the
               Kingdom
               ,
            
             to
             the
             which
             by
             the
             fundamental
             Laws
             of
             this
             Nation
             ,
             the
             Chief
             care
             of
             the
             Kings
             safety
             ,
             and
             the
             Publique
             Peace
             and
             quiet
             of
             the
             Realm
             is
             committed
             ;
             and
             that
             they
             were
             no
             less
             the
             
               High-Court
               of
               Justice
            
             ,
             or
             Supersedeas
             to
             all
             others
             ,
             for
             the
             examining
             and
             punishing
             all
             attempts
             of
             so
             High
             a
             nature
             as
             ,
             &c.
             if
             it
             carry
             truth
             ,
             and
             having
             executed
             their
             Commission
             ,
             concluded
             that
             the
             Houses
             ,
             to
             show
             that
             reverence
             which
             they
             bear
             unto
             the
             dignity
             of
             his
             Master
             ,
             by
             their
             Message
             ,
             they
             two
             that
             never
             are
             imployed
             but
             to
             the
             King
             alone
             ,
             were
             at
             that
             time
             sent
             ,
             &c.
             and
             if
             the
             Houses
             shall
             upon
             re●…n
             of
             their
             Speakers
             conceive
             their
             answer
             (
             if
             it
             be
             a
             matter
             that
             requires
             it
             )
             are
             such
             as
             may
             justly
             deserve
             th●…
             being
             confined
             ,
             they
             then
             make
             an
             address
             to
             his
             
             〈◊〉
             to
             confine
             them
             to
             their
             Houses
             ,
             restraining
             their
             ●…ure
             untill
             the
             Prince
             or
             State
             ,
             whom
             they
             repre●…
             〈◊〉
             ●…cquainted
             with
             their
             offence
             :
             And
             so
             it
             was
             〈◊〉
             ●…n
             44
             H.
             3.
             to
             the
             
               Popes
               Legates
            
             in
             England
             ,
             and
             28
             E.
             1.
             
          
           
             XI
             .
             If
             a
             Foraign
             Ambassadors
             ,
             being
             a
             Prorex
             commits
             here
             any
             crime
             which
             is
             
               contra
               jus
               Gentium
            
             ,
             as
             Treason
             ,
             Felony
             ,
             Adultery
             ,
             or
             any
             other
             crime
             which
             is
             against
             the
             Law
             of
             Nations
             ,
             he
             looseth
             the
             Priviledge
             and
             dignity
             of
             an
             Ambassador
             ,
             as
             unworthy
             of
             so
             high
             a
             Place
             ,
             
             and
             may
             be
             punished
             here
             as
             any
             other
             private
             alien
             ;
             and
             not
             to
             be
             remanded
             to
             his
             Soveraign
             but
             of
             courtesy
             .
          
           
             X.
             But
             if
             any
             thing
             be
             
               malum
               prohibitum
            
             by
             any
             Act
             of
             Parliament
             ,
             private
             Law
             or
             Custom
             of
             this
             Realm
             ,
             which
             is
             not
             
               malum
               in
               se
               jure
               Gentium
            
             ,
             nor
             
               contra
               jus
               Gentium
            
             ,
             an
             Ambassador
             residing
             here
             ,
             shall
             not
             be
             bound
             by
             any
             of
             them
             ,
             but
             otherwise
             it
             is
             of
             the
             Subjects
             of
             either
             Kingdom
             ;
             for
             if
             a
             French
             Merchant
             or
             Spanish
             Merchant
             trades
             or
             imports
             any
             prohibited
             Goods
             ,
             he
             must
             at
             his
             peril
             observe
             the
             Laws
             of
             England
             ;
             and
             so
             it
             was
             adjudged
             Pasc.
             33
             Eliz.
             in
             the
             
               Exchequer
               ,
               Tomlinson
               ,
               qui
               tam
               versus
               Henry
               de
               Vale
               &
               ●…l
               .
            
             upon
             the
             Stat.
             of
             19
             H.
             7.
             
             Ca.
             21.
             but
             if
             an
             Ambassador
             imports
             any
             prohibited
             Goods
             econtra
             .
          
           
           
             In
             Causes
             Civil
             .
          
           
             XI
             .
             The
             Office
             of
             an
             Ambassador
             does
             not
             include
             a
             procreation
             private
             but
             publique
             ,
             for
             the
             King
             his
             Master
             ,
             nor
             for
             any
             several
             Subject
             otherwise
             then
             as
             it
             concerns
             the
             King
             and
             his
             publique
             Ministers
             ,
             to
             protect
             them
             ,
             and
             procure
             their
             protection
             in
             forreign
             Kingdoms
             ,
             in
             the
             nature
             of
             an
             Office
             and
             
               Negotiation
               of
               State
            
             ;
             therefore
             their
             Quality
             is
             to
             Mediate
             and
             prosecute
             for
             them
             or
             any
             one
             of
             them
             ,
             at
             the
             
               Councel
               Table
            
             ,
             which
             is
             as
             it
             were
             a
             
               Court
               of
               State
            
             ;
             but
             when
             they
             come
             to
             settled
             Courts
             ,
             which
             does
             and
             must
             observe
             essential
             formes
             of
             proceedings
             ,
             
               scil
               .
               processus
               legitimos
            
             ,
             they
             must
             be
             governed
             by
             them
             :
             And
             therefore
             in
             the
             Case
             of
             
               Don
               Diego
               Serviento
               de
               Acuna
               ,
               Ambassador
               Leger
            
             for
             the
             King
             of
             Spain
             ,
             who
             libelled
             in
             the
             
               Admiral
               Court
            
             as
             
               Procurator
               General
            
             ,
             for
             all
             his
             Masters
             Subjects
             ,
             against
             one
             Jolliff
             and
             Tucker
             ,
             and
             Sir
             
               Richard
               Bingley
            
             ,
             for
             two
             Ships
             and
             their
             lading
             of
             divers
             kinds
             ,
             of
             the
             Goods
             of
             the
             Subjects
             of
             the
             King
             of
             Spain
             generally
             ,
             and
             not
             naming
             of
             them
             
               adduct
               ad
               Port
               de
               Munster
            
             ,
             in
             the
             Preface
             of
             the
             Libel
             generally
             against
             them
             all
             ,
             and
             then
             proceeds
             and
             charges
             them
             severally
             thus
             ;
             That
             Jolliff
             and
             Tucker
             Captain
             
               Pyrate
               ,
               in
               alto
               Mare
               bellico
               dictas
               Naves
               aggressi
               sunt
               ,
               &
               per
               vim
               &
               violentiam
               ,
            
             took
             them
             ,
             and
             that
             they
             were
             
               adductae
               in
               partes
               Hiberniae
            
             ,
             and
             that
             they
             came
             to
             the
             hands
             
             of
             Sir
             
               Richard
               Bingley
            
             ,
             and
             he
             converted
             them
             to
             his
             own
             use
             ,
             (
             not
             saying
             where
             )
             and
             refuseth
             to
             render
             them
             being
             required
             ,
             it
             was
             there
             held
             that
             a
             Prohibition
             should
             go
             ,
             for
             the
             matter
             is
             tryable
             meerly
             at
             the
             
               Common
               Law
            
             ,
             and
             that
             such
             a
             Procuration
             was
             not
             good
             .
          
           
             
               Don
               Alonso
               de
               Valesce
            
             Ambassador
             from
             the
             Catholique
             King
             ,
             attached
             Tobaccoes
             at
             Land
             here
             ,
             which
             one
             Corvero
             ,
             a
             Subject
             to
             the
             King
             of
             Spain
             ,
             brought
             hither
             ,
             and
             the
             Ambassador
             by
             his
             Libel
             supposed
             to
             belong
             to
             his
             Master
             ,
             as
             Goods
             confiscated
             ,
             as
             all
             others
             his
             Goods
             were
             ,
             Sir
             
               John
               Watts
            
             the
             Plaintiff
             in
             the
             suggestion
             ,
             pray'd
             a
             Prohibition
             ,
             which
             was
             granted
             accordingly
             ,
             for
             the
             property
             of
             Goods
             here
             at
             Land
             must
             be
             tryed
             by
             the
             
             
               Common
               Law
            
             ,
             however
             the
             property
             be
             guided
             ;
             and
             it
             was
             likewise
             rul'd
             ,
             that
             if
             any
             Subject
             of
             a
             Forreign
             Prince
             bring
             Goods
             into
             this
             Kingdom
             ,
             though
             they
             were
             confiscate
             before
             ,
             the
             property
             shall
             not
             be
             questioned
             but
             at
             the
             Common
             Law.
             
               Don
               Alfonso
               vers
               .
               Corvero
               Mich.
            
             9
             
               Jac.
               Hob.
            
             212.
             
             Hill.
             9
             Jac.
             upon
             the
             like
             Libell
             by
             
               Don
               Pedro
               Surega
            
             Ambassador
             for
             Spain
             .
          
           
             XII
             .
             Whether
             an
             Ambassador
             hath
             Jurisdiction
             over
             his
             own
             Family
             ,
             and
             whether
             his
             House
             be
             a
             Sanctuary
             *
             for
             all
             that
             fly
             into
             it
             ,
             depends
             upon
             the
             concession
             of
             him
             with
             whom
             he
             resides
             ,
             for
             this
             belongs
             not
             to
             the
             Law
             of
             Nations
             †
             ;
             and
             it
             hath
             been
             seen
             that
             an
             Ambassador
             hath
             inflicted
             punishment
             on
             his
             own
             Servants
             and
             Vassals
             ,
             as
             the
             Muscovite
             did
             here
             in
             England
             ;
             but
             for
             Fugitives
             that
             fly
             into
             their
             Houses
             ,
             nay
             ,
             their
             own
             
             Servants
             ,
             if
             they
             have
             greatly
             offended
             ,
             cannot
             be
             drawn
             forth
             by
             force
             ,
             without
             a
             demand
             and
             refusal
             ;
             which
             then
             done
             ,
             it
             is
             then
             become
             as
             an
             offence
             in
             them
             .
          
           
             XIII
             .
             Most
             certain
             by
             the
             
               Civil
               Law
            
             ,
             the
             movable
             Goods
             of
             an
             Ambassador
             ,
             which
             are
             accounted
             an
             accession
             to
             his
             Person
             ,
             cannot
             be
             seized
             on
             ,
             neither
             as
             a
             pledge
             ,
             nor
             for
             payment
             of
             a
             debt
             ,
             nor
             by
             Order
             or
             
               Execution
               of
               Judgement
            
             ,
             no
             nor
             by
             the
             King
             or
             States
             leave
             where
             he
             resides
             ;
             (
             as
             some
             conceiue
             )
             for
             all
             coaction
             ought
             to
             be
             far
             from
             an
             Ambassador
             ,
             as
             well
             that
             which
             toucheth
             his
             necessaries
             as
             his
             Person
             ,
             that
             he
             may
             have
             full
             security
             ;
             if
             therefore
             he
             hath
             contracted
             any
             debt
             ,
             he
             is
             to
             be
             called
             upon
             kindly
             ,
             and
             if
             he
             refuses
             ,
             then
             
               Letters
               of
               Request
            
             are
             to
             go
             to
             his
             Master
             ;
             †
             so
             that
             at
             last
             ,
             that
             course
             may
             be
             taken
             with
             him
             as
             with
             Debtors
             in
             another
             Territory
             ;
             to
             some
             this
             may
             seem
             hard
             ,
             yet
             Kings
             ,
             who
             cannot
             be
             compelled
             ,
             want
             not
             creditors
             ;
             but
             the
             Lord
             Coke
             seems
             to
             be
             of
             another
             opinion
             ,
             *
             for
             as
             to
             Contracts
             and
             Debts
             that
             be
             good
             
               Jure
               Gentium
            
             ,
             he
             must
             answer
             here
             .
          
           
             XIV
             .
             If
             an
             Ambassador
             commits
             any
             private
             outrage
             against
             one
             of
             the
             Princes
             Subjects
             ,
             with
             whom
             he
             
             resides
             ,
             unless
             it
             be
             to
             defend
             the
             Dignity
             of
             his
             Charge
             ,
             or
             of
             his
             Master
             ,
             it
             has
             been
             conceived
             by
             some
             not
             to
             be
             justifiable
             before
             the
             Prince
             with
             whom
             he
             resides
             ;
             for
             ,
             say
             they
             ,
             there
             is
             a
             great
             difference
             between
             the
             Dignity
             and
             Authority
             of
             the
             Prince
             in
             the
             Countrey
             of
             another
             Soveraign
             ;
             for
             ,
             say
             they
             ,
             he
             may
             well
             retain
             his
             Dignity
             ,
             but
             not
             his
             Authority
             :
             usually
             injuries
             of
             that
             nature
             being
             done
             ,
             they
             have
             admitted
             debates
             at
             a
             
               Councel
               of
               State
            
             ,
             where
             the
             Soveraign
             ,
             with
             whom
             the
             Minister
             of
             Stare
             hath
             resided
             being
             satisfied
             ,
             that
             reparation
             ought
             to
             be
             made
             to
             the
             party
             injured
             ,
             he
             hath
             been
             ordered
             or
             at
             least
             requested
             ,
             to
             comply
             with
             the
             same
             .
          
           
             XV.
             But
             on
             the
             other
             hand
             ,
             if
             any
             private
             outrage
             be
             committed
             by
             the
             Subjects
             of
             that
             Prince
             with
             whom
             he
             resides
             upon
             his
             Person
             ,
             the
             offenders
             may
             be
             subjected
             to
             punishment
             :
             and
             the
             Queen
             of
             Sweden
             having
             made
             the
             
               Incomparable
               Grotius
            
             (
             after
             he
             had
             escaped
             by
             Providence
             out
             of
             Prison
             ,
             &
             by
             a
             greater
             from
             his
             Country-Men
             )
             her
             Ambassador
             for
             that
             Crown
             with
             
               Lewis
               the
            
             13
             th
             .
             with
             whom
             he
             resided
             at
             Paris
             ,
             coming
             one
             day
             
             from
             
               St.
               Germans
            
             ,
             the
             
               Secretary
               of
               Ceremonies
            
             being
             in
             the
             Coach
             with
             him
             ,
             it
             chanced
             that
             in
             one
             place
             as
             they
             passed
             ,
             a
             great
             number
             of
             People
             were
             in
             the
             way
             seeing
             of
             an
             execution
             ,
             his
             Postillion
             and
             Coach-man
             driving
             boldly
             through
             the
             company
             the
             Archers
             then
             attending
             the
             execution
             with
             short
             pieces
             ,
             (
             concerned
             somewhat
             angerly
             that
             the
             execution
             was
             disturbed
             )
             made
             after
             the
             Coach
             ,
             shot
             his
             Postillion
             and
             Coach-man
             ,
             and
             through
             the
             Coach
             ,
             even
             through
             his
             hat
             :
             the
             matter
             coming
             to
             be
             examined
             ,
             the
             King
             ordered
             3
             or
             4
             of
             them
             to
             be
             hang'd
             ,
             but
             that
             
               Good
               Man
            
             first
             pardoned
             them
             himself
             ,
             and
             then
             obtained
             the
             King's
             .
          
           
             XVI
             .
             The
             Republique
             of
             Venice
             imployeth
             generally
             more
             Ambassadors
             abroad
             then
             any
             other
             State
             ,
             and
             they
             are
             as
             other
             Princes
             ;
             be
             Ordinary
             and
             Extraordinary
             ;
             the
             Commission
             of
             the
             Ordinary
             continueth
             for
             3
             years
             ,
             but
             he
             which
             resides
             at
             Constantinople
             is
             not
             call'd
             Ambassador
             ,
             but
             Bailio
             ,
             residing
             there
             perpetually
             ;
             and
             that
             Republique
             allowes
             him
             a
             greater
             provision
             to
             support
             his
             Grandeur
             ,
             then
             to
             any
             other
             ,
             and
             by
             the
             Laws
             of
             
             Venice
             whatsoever
             he
             expends
             is
             allowed
             him
             upon
             his
             accounts
             ,
             without
             any
             examination
             ;
             the
             which
             no
             other
             of
             their
             publique
             Ministers
             of
             State
             have
             like
             priviledge
             .
          
           
             By
             the
             Laws
             of
             Venice
             there
             can
             be
             no
             Extraordinary
             Ambassador
             imploy'd
             ,
             unless
             they
             have
             been
             Ambassadors
             formerly
             ,
             and
             upon
             their
             return
             are
             strickly
             examined
             of
             their
             comportment
             in
             their
             Legation
             ,
             and
             are
             to
             discover
             †
             what
             Presents
             they
             have
             received
             from
             the
             Prince
             or
             State
             to
             whom
             they
             are
             sent
             ,
             the
             concealment
             of
             which
             is
             of
             a
             dangerous
             consequence
             .
          
           
             Nor
             may
             any
             of
             their
             Ambassadors
             receive
             any
             preferment
             *
             from
             any
             other
             State
             during
             their
             Legation
             :
             The
             
               Patriarch
               of
               Aquilia
            
             dyed
             ,
             and
             
               Hermolao
               Barbaio
            
             being
             there
             Ambassador
             for
             that
             Republique
             ,
             the
             Pope
             conferred
             on
             him
             that
             
               Ecclesiastical
               Dignity
            
             ,
             and
             made
             him
             a
             Cardinal
             ,
             which
             being
             known
             at
             Venice
             ,
             notwithstanding
             he
             was
             a
             Person
             of
             great
             desert
             ,
             and
             had
             given
             notice
             to
             the
             Senate
             ,
             rich
             ,
             well
             allied
             ,
             and
             had
             good
             Friends
             ,
             they
             sent
             express
             command
             that
             he
             should
             resign
             the
             Patriarchship
             ,
             otherwise
             they
             would
             take
             from
             his
             Father
             the
             Procuratorship
             of
             St.
             Marke
             ,
             and
             confiscate
             all
             his
             Estate
             .
          
           
             But
             if
             such
             Ambassadors
             have
             received
             any
             Present
             ,
             Guift
             or
             Reward
             from
             any
             Forraign
             Prince
             or
             Republique
             ,
             and
             such
             Ministers
             of
             State
             are
             thought
             worthy
             of
             retaining
             the
             same
             ,
             such
             a
             grace
             must
             pass
             by
             the
             suffrage
             
             of
             the
             Senate
             ,
             to
             oblidge
             them
             more
             to
             the
             benivolence
             of
             the
             Republique
             ,
             then
             to
             the
             bounty
             of
             any
             Forraign
             Prince
             .
          
        
         
           
           
             CHAP.
             VII
             .
             
               Of
               the
               Right
               of
               delivering
               Persons
               fled
               for
               Protection
               .
            
          
           
             
               
                 
                   I.
                   Where
                   Superiors
                   may
                   become
                   culpables
                   for
                   the
                   crimes
                   of
                   their
                   Subjects
                   .
                
                 
                   II.
                   Of
                   punishment
                   ,
                   in
                   whom
                   lodged
                   ,
                   and
                   where
                   offences
                   to
                   another
                   Prince
                   seem
                   to
                   be
                   excepted
                   .
                
                 
                   III.
                   What
                   is
                   meant
                   by
                   the
                   words
                   delivering
                   up
                   ,
                   and
                   how
                   construed
                   in
                   divers
                   Countreys
                   .
                
                 
                   VI.
                   To
                   what
                   crimes
                   it
                   can
                   extend
                   to
                   .
                
                 
                   V.
                   Such
                   Persons
                   have
                   been
                   refused
                   to
                   be
                   delivered
                   up
                   ,
                   and
                   on
                   what
                   reason
                   deny'd
                   .
                
                 
                   VII
                   .
                   Admitting
                   not
                   compellable
                   ,
                   whether
                   he
                   ought
                   voluntary
                   .
                
                 
                   VIII
                   .
                   Of
                   Persons
                   running
                   away
                   with
                   the
                   Revenue
                   ,
                   wheter
                   to
                   be
                   delivered
                   up
                   by
                   the
                   Persons
                   into
                   whose
                   Countrey
                   they
                   fled
                   .
                
              
            
          
           
             I.
             FAthers
             are
             not
             bound
             for
             the
             fault
             of
             their
             Children
             ,
             nor
             Masters
             for
             those
             of
             their
             Servants
             ;
             nor
             Princes
             for
             the
             Actions
             of
             their
             Subjects
             ,
             unless
             they
             become
             
             partakers
             in
             the
             crime
             ;
             the
             which
             may
             be
             done
             in
             two
             respects
             ,
             by
             sufferance
             and
             receipt
             ;
             therefore
             if
             Princes
             shall
             suffer
             their
             Subjects
             by
             Pictures
             or
             Libells
             to
             abuse
             another
             Nation
             or
             Common-wealth
             ,
             it
             is
             the
             same
             as
             if
             they
             should
             authorize
             it
             .
             Brutus
             to
             
               Cicero
               ,
               How
               can
               you
               make
               me
               guilty
               ?
               yes
               ,
               well
               enough
               ,
               if
               it
               were
               in
               you
               to
               hinder
               it
            
             ;
             but
             receipt
             may
             admit
             of
             some
             further
             scrutiny
             .
          
           
             II.
             Common-wealths
             being
             instituted
             ,
             it
             was
             agreed
             that
             faults
             of
             particulars
             ,
             which
             do
             properly
             belong
             to
             their
             own
             society
             ,
             should
             be
             left
             to
             themselves
             and
             their
             Soveraigns
             ,
             to
             be
             punish't
             or
             connived
             at
             ,
             as
             they
             judged
             most
             fit
             .
          
           
             Yet
             that
             Right
             is
             not
             so
             absolute
             left
             to
             them
             ,
             but
             offences
             ,
             which
             tend
             to
             the
             destruction
             of
             Society
             or
             Government
             ,
             whereof
             Treason
             is
             the
             chiefest
             ,
             may
             seem
             to
             be
             excepted
             ;
             the
             which
             if
             a
             Subject
             shall
             commit
             an
             act
             ,
             tending
             to
             the
             subversion
             of
             his
             Soveraign's
             Government
             ,
             the
             same
             is
             an
             offence
             that
             's
             subject
             to
             an
             unversal
             puunishment
             ,
             
               i.
               e.
            
             it
             is
             to
             be
             punished
             every
             where
             ,
             and
             the
             
             Governours
             into
             whose
             Territory
             such
             fly
             ,
             seem
             to
             have
             a
             Right
             of
             prosecuting
             for
             the
             offence
             :
             in
             civil
             actions
             ,
             which
             tend
             to
             Commerce
             that
             supports
             Society
             ,
             the
             Subject
             of
             forraign
             Subjects
             having
             justly
             contracted
             in
             their
             own
             Countrey
             ,
             may
             obtain
             justice
             in
             another
             by
             a
             stronger
             reason
             it
             is
             thought
             that
             Princes
             or
             Republiques
             that
             have
             received
             publique
             injuries
             ,
             have
             right
             to
             require
             punishment
             for
             the
             indignity
             that
             is
             offered
             them
             ,
             at
             least
             for
             that
             which
             tended
             to
             the
             subversion
             of
             their
             Governments
             .
          
           
             III.
             The
             question
             is
             illustrious
             ,
             opinions
             grounded
             on
             several
             great
             Presidents
             have
             been
             both
             waies
             ,
             produced
             ,
             generally
             it
             hath
             been
             held
             that
             those
             Kingdoms
             where
             the
             offenders
             are
             fled
             ,
             ought
             to
             do
             one
             of
             the
             two
             ,
             either
             punish
             them
             according
             to
             their
             deserts
             being
             called
             upon
             ,
             or
             leave
             them
             to
             the
             Judgement
             of
             the
             offended
             State
             ,
             others
             the
             contrary
             ;
             most
             certain
             it
             is
             by
             
             the
             
               delivering
               up
            
             ,
             is
             understood
             ,
             to
             leave
             him
             to
             the
             legal
             Judgement
             of
             that
             Prince
             or
             State
             ,
             whom
             he
             hath
             offended
             :
             And
             such
             was
             the
             Declaration
             of
             Ferdinando
             King
             of
             Spain
             ,
             who
             had
             been
             often
             requested
             by
             Henry
             the
             Seventh
             to
             deliver
             up
             
               Edmund
               de
               la
               Poole
            
             Earl
             of
             Suffolke
             his
             Subject
             ,
             then
             fled
             for
             protection
             to
             that
             Prince's
             Countrey
             ,
             but
             was
             alwaies
             refused
             ;
             but
             being
             continually
             importuned
             by
             promises
             that
             he
             should
             not
             be
             put
             to
             death
             ,
             caused
             the
             Earl
             to
             be
             delivered
             up
             
             to
             him
             ,
             who
             kept
             him
             in
             prison
             ,
             and
             construing
             his
             promise
             to
             be
             personal
             to
             himself
             ,
             commanded
             his
             Son
             Henry
             after
             his
             decease
             to
             execute
             him
             ,
             who
             in
             the
             fifth
             Year
             of
             his
             Reign
             upon
             
               oold
               blood
            
             performed
             the
             same
             :
             But
             the
             malice
             of
             that
             Politique
             Prince
             the
             Father
             ,
             and
             
             the
             uncontroulable
             Will
             of
             the
             Son
             are
             Presidents
             ,
             but
             of
             small
             force
             ;
             the
             example
             of
             which
             not
             long
             after
             gave
             the
             
               French
               King
            
             occasion
             to
             beware
             of
             trusting
             the
             latter
             with
             a
             Subject
             of
             his
             on
             the
             like
             occasion
             ,
             for
             
               Cardinal
               Poole
            
             not
             many
             Years
             after
             ,
             coming
             Ambassador
             from
             the
             Pope
             to
             the
             French
             King
             ,
             they
             both
             being
             then
             in
             amity
             ,
             and
             Henry
             the
             Eighth
             in
             League
             with
             the
             latter
             ,
             but
             in
             enmity
             with
             the
             first
             ,
             requested
             to
             have
             the
             Cardinal
             delivered
             up
             ,
             but
             could
             not
             prevail
             ,
             being
             doubty
             armed
             as
             the
             Ambassador
             of
             a
             Soveraign
             Prince
             (
             for
             such
             
             is
             the
             Pope
             )
             and
             in
             the
             Territory
             of
             a
             Forreign
             State.
             
          
           
             The
             Israelites
             require
             of
             the
             Benjamites
             to
             deliver'd
             up
             the
             wicked
             Men
             ,
             the
             
               Philistians
               Sampson
               ,
               Cato
            
             gave
             his
             vote
             that
             Caesar
             should
             be
             delivered
             to
             the
             Germans
             ,
             for
             spoiling
             them
             without
             just
             cause
             ;
             nor
             are
             nocent
             Persons
             injured
             ,
             if
             they
             are
             are
             either
             deliver'd
             up
             ,
             or
             punished
             ;
             yet
             does
             it
             not
             thence
             follow
             that
             they
             must
             be
             delivered
             up
             or
             punished
             :
             the
             Romans
             delivered
             up
             those
             that
             had
             done
             violence
             to
             the
             Cathaginian
             Ambassadors
             .
          
           
             IV.
             But
             then
             and
             as
             in
             this
             last
             ,
             so
             in
             all
             other
             the
             offender
             must
             have
             committed
             some
             publique
             offence
             ,
             *
             as
             Treason
             ;
             for
             most
             certain
             it
             extends
             not
             to
             private
             injuries
             ,
             because
             there
             is
             no
             President
             that
             ever
             at
             a
             War
             was
             begun
             for
             such
             ,
             though
             they
             may
             contribute
             much
             ,
             but
             for
             those
             which
             tends
             to
             the
             subversion
             or
             ruine
             of
             a
             Countrey
             ,
             they
             often
             have
             been
             delivered
             up
             ;
             Jugurtha
             of
             Bocchus
             in
             
               Salust
               ,
               So
               shalt
               thou
               at
               once
               free
               us
               from
               the
               sad
               necessity
               of
               prosecuting
               thee
               for
               thy
               error
               ,
               and
               him
               for
               his
               treason
               .
            
             And
             by
             most
             Writers
             it
             is
             agreed
             ,
             that
             such
             offenders
             must
             either
             be
             delivered
             up
             or
             punisht
             ,
             the
             election
             is
             left
             to
             their
             choise
             ,
             into
             whose
             Territory
             they
             are
             fled
             ;
             though
             some
             have
             held
             ,
             that
             in
             case
             of
             protection
             †
             the
             Sanctuary
             for
             such
             unfortunate
             Persons
             ,
             Princes
             do
             make
             their
             Coutrey
             an
             Asylum
             .
          
           
             
               T.
               Quintus
               Flaminius
            
             ,
             sent
             Ambassadors
             to
             Prusias
             King
             of
             Bithinia
             ,
             for
             the
             procuring
             the
             delivering
             up
             the
             Brave
             but
             unfortunate
             Hannibal
             ,
             who
             accordingly
             being
             seized
             on
             ,
             
               I
               will
               now
            
             ,
             saies
             he
             ,
             
               deliver
               the
               Romans
               of
               that
               fear
               which
               hath
               so
               many
               Years
               possest
               them
               ;
               that
               fear
               which
               make
               them
               impatient
               to
               attend
               the
               death
               of
            
             
             
               an
               old
               Man
               :
               This
               Victory
               of
            
             Flaminius
             
               over
               me
               ,
               which
               am
               disarmed
               and
               betray'd
               into
               his
               hands
               ,
               shall
               never
               be
            
             
             
               numbred
               among
               the
               rest
               of
               his
               Heroical
               deeds
               :
               No
               ,
               it
               shall
               make
               it
               manifest
               to
               all
               the
               Nations
               of
               the
               world
               ,
               how
               far
               the
               antient
               Roman
               virtue
               is
               degenerate
               and
               corrupted
               ;
               for
               such
               was
               the
               Nobleness
               of
               their
               Fore-Fathers
               ,
               as
               when
               Phyrrichus
               envaded
               them
               in
               Italy
               ,
               and
               was
               ready
               to
               give
               them
               Battle
               at
               their
               own
               doors
               ,
               they
               gave
               him
               knowledge
               of
               the
               treason
               intended
               against
               him
               ,
               by
               Poyson
               ,
               whereas
               those
               of
               a
               latter
               race
               have
               imploy'd
               Flamineus
               ,
               a
               Man
               who
               hath
               heretofore
               been
               of
               their
               Consuls
               to
               practise
               with
               Prusias
               ,
               contrary
               to
               the
               honour
               of
               a
               King
               ,
               contrary
               to
               his
               faith
               given
               ,
               and
               contrary
               to
               the
               Laws
               of
               Hospitality
               ,
               to
               slaughter
               or
               deliver
               up
               his
               own
               guest
               .
            
          
           
             V.
             What
             ever
             the
             opinion
             of
             those
             Writers
             have
             been
             ,
             the
             practise
             of
             latter
             Ages
             have
             seemed
             to
             incline
             otherwise
             .
             
               Queen
               Elizabeth
            
             demanded
             Morgan
             and
             others
             of
             her
             Subjects
             fled
             into
             France
             ,
             that
             had
             committed
             Treason
             against
             her
             ;
             the
             answer
             of
             the
             French
             King
             was
             ,
             
               Si
               quid
               in
               Gallia
               machinarentur
               ,
               Regem
               ex
               jure
               in
               illos
               animadversurum
               ;
               sin
               in
               Anglia
               quid
               machinati
               fuerint
               Regem
               non
               posse
               de
               eisdem
               cognoscere
               ,
               &
               ex
               jure
               agere
               ;
               omnia
               Regna
               profugis
               esse
               libera
               Regum
               interesse
               ,
               ut
               sui
               quisque
               Regni
               libertates
               tueatur
               ,
               imo
               Elizabetham
               non
               ita
               pridem
               ,
               in
               suum
               Regnum
               Mountgumerium
               ,
               Principem
            
             
             
               Condaeum
               ,
               &
               alios
               e
               Gente
               Gallica
               admisisse
               ,
               &c.
            
             and
             they
             were
             never
             delivered
             up
             ;
             but
             the
             like
             was
             not
             returned
             by
             the
             King
             of
             Scotland
             ,
             for
             he
             promised
             that
             he
             
             would
             transmit
             Fernihurst
             and
             the
             Chancellor
             too
             ,
             if
             they
             were
             convicted
             by
             a
             fair
             Tryal
             ;
             the
             Cry
             of
             the
             late
             ROYAL
             MARTYR's
             Blood
             justly
             procured
             some
             of
             those
             Regicides
             to
             be
             delivered
             up
             by
             them
             of
             Holland
             .
          
           
             VI.
             Most
             certain
             it
             is
             if
             War
             be
             threatned
             to
             a
             Nation
             
             or
             People
             ,
             if
             they
             deliver
             not
             up
             the
             offender
             ,
             though
             perhaps
             he
             is
             innocent
             ,
             and
             that
             such
             is
             the
             malice
             
             of
             his
             enemies
             that
             they
             know
             they
             will
             put
             him
             to
             death
             ,
             yet
             he
             may
             be
             deserted
             ;
             especialy
             if
             that
             Nation
             or
             Kingdom
             is
             inferior
             to
             the
             others
             ;
             but
             then
             the
             same
             ought
             not
             to
             be
             done
             rashly
             :
             The
             Italian
             Foot
             that
             forsook
             the
             unfortunate
             Pompey
             ,
             before
             all
             was
             lost
             ,
             being
             assured
             of
             Quarter
             from
             the
             Victorious
             Caesar
             ,
             were
             condemned
             by
             most
             that
             reported
             the
             Story
             of
             that
             day
             .
          
           
           
             
               Pope
               Alexander
            
             (
             in
             that
             mortal
             Feude
             becween
             him
             and
             the
             
               Emperor
               Frederik
            
             ,
             who
             favoured
             Octavian
             the
             Antipope
             )
             fled
             disguised
             to
             Venice
             ,
             the
             Duke
             and
             Senate
             being
             jealous
             that
             the
             Emperor
             would
             demand
             him
             ,
             sent
             an
             Ambassy
             to
             the
             Emperor
             to
             endeavour
             a
             Mediation
             and
             Peace
             ,
             which
             was
             no
             sooner
             offered
             ,
             but
             the
             Emperor
             break
             forth
             into
             a
             rage
             ,
             bidding
             them
             go
             home
             ,
             saying
             ;
             
               Tell
               your
               Prince
               and
               People
               ,
               that
               Frederik
               the
               Roman
               Emperor
               demands
               his
               Enemy
               ,
               who
               is
               come
               to
               them
               for
               succour
               ,
               whom
               if
               they
               send
               not
               presently
               bound
               hand
               and
               foot
               with
               a
               sure
               Guard
               ,
               he
               will
               proclaim
               them
               Enemies
               to
               him
               and
               the
               whole
               Empire
               ,
               and
               that
               there
               is
               neitheir
               Alliance
               or
               Law
               of
               Nations
               which
               shall
               be
               able
               to
               free
               them
               from
               revenge
               for
               such
               an
               injury
               ,
               to
               prosecute
               which
               ,
               he
               is
               resolved
               to
               overturn
               all
               Divine
               and
               Human
               Laws
               ,
               that
               he
               will
               suddenly
               bring
               his
               forces
               before
               their
               City
               ,
               and
               contrary
               to
               their
               expectation
               ,
               plant
               his
               
                 Victorious
                 Eagles
              
               on
               the
               Market-place
               of
               
                 St.
                 Marke
              
               .
            
             This
             Message
             being
             faithfully
             delivered
             ,
             the
             
             Senate
             decreed
             
               Arms
               ,
               Arms
            
             ;
             and
             while
             they
             were
             preparing
             ,
             news
             was
             brought
             that
             Otho
             ,
             the
             Emperor's
             Son
             and
             General
             of
             the
             Caesarian
             Fleet
             ,
             was
             entered
             the
             Gulph
             with
             7
             5Gallyes
             ,
             the
             most
             valiant
             and
             religious
             
               Tebastiano
               Cyani
            
             resolved
             to
             meet
             him
             ,
             and
             having
             encountred
             them
             on
             the
             Coast
             of
             Istria
             ,
             defeated
             Otho
             and
             all
             his
             Naval
             forces
             ,
             taking
             48
             Gallyes
             ,
             Otho
             their
             Admiral
             and
             the
             rest
             either
             burnt
             or
             distroyed
             ;
             he
             returned
             in
             Triumph
             for
             Venice
             ,
             and
             not
             long
             after
             Frederik
             became
             converted
             ,
             that
             Heaven
             fights
             the
             Batailles
             for
             the
             Innocent
             ,
             and
             on
             his
             knees
             begg'd
             pardon
             of
             the
             Pope
             .
          
           
             Lewis
             the
             11th
             .
             of
             France
             ,
             required
             by
             Ambassadors
             of
             Phillip
             Duke
             of
             Burgundy
             ,
             the
             delivery
             up
             of
             Sr.
             
               Oliver
               de
               la
               Marche
            
             ;
             who
             being
             a
             Burgundian
             ,
             had
             wrot
             (
             as
             was
             conceiv'd
             )
             somewhat
             against
             the
             claim
             of
             the
             French
             to
             several
             Territories
             ,
             upon
             a
             publique
             audience
             at
             Lisle
             they
             were
             answered
             by
             Duke
             Phillip
             ,
             That
             Oliver
             was
             Steward
             of
             his
             House
             ,
             a
             Burgundian
             by
             birth
             ,
             and
             in
             no
             respect
             Subject
             to
             the
             
               Crown
               of
               France
            
             ;
             notwithstanding
             
             if
             it
             could
             be
             proved
             that
             he
             had
             said
             or
             done
             any
             thing
             against
             the
             Kings
             Honour
             ,
             he
             would
             see
             him
             punished
             according
             as
             his
             faults
             should
             deserve
             .
          
           
           
             But
             admitting
             that
             such
             an
             Innocent
             Person
             ought
             not
             to
             be
             delivered
             up
             ,
             whether
             he
             is
             bound
             to
             yield
             himself
             ,
             by
             some
             it
             is
             conceiv'd
             he
             ought
             not
             ,
             because
             the
             nature
             of
             Civil
             Societies
             ,
             which
             every
             one
             hath
             entered
             into
             for
             his
             own
             benefit
             ,
             doth
             not
             require
             it
             ,
             from
             which
             it
             follows
             that
             such
             Persons
             are
             not
             bound
             to
             that
             by
             right
             ,
             properly
             so
             called
             ,
             it
             doth
             not
             follow
             ,
             but
             in
             charity
             he
             seems
             bound
             to
             do
             it
             ,
             for
             there
             be
             many
             offices
             not
             of
             proper
             Justice
             ,
             but
             of
             love
             ,
             which
             are
             not
             only
             performed
             with
             praises
             ,
             but
             also
             cannot
             be
             omitted
             without
             blame
             ;
             and
             such
             indeed
             is
             the
             act
             of
             such
             a
             Persons
             voluntary
             yielding
             up
             himself
             ,
             preferring
             the
             lives
             of
             an
             Innocent
             multitude
             before
             his
             own
             .
             Cicero
             for
             
             
               P.
               Sextus
               ,
               If
               this
               had
               happened
               to
               me
               sailing
               with
               my
               Friends
               in
               some
               Ship
               ,
               that
               Pyrats
               surrounding
               us
               should
               threaten
               to
               sinck
               us
               ,
               except
               they
               would
               deliver
               me
               ,
               I
               would
               rather
               have
               cast
               my self
               into
               the
               Sea
               ,
               to
               preserve
               the
               rest
               ,
               then
               to
               bring
               my
               Friends
               either
               to
               certain
               death
               ,
               or
               into
               great
               danger
               of
               their
               life
               :
            
             The
             Request
             of
             the
             Noble
             Strafford
             is
             fresh
             in
             our
             memories
             .
          
           
             VII
             .
             But
             whether
             such
             an
             Innocent
             Person
             may
             be
             compelled
             to
             do
             that
             which
             perhaps
             he
             is
             bound
             to
             do
             ,
             may
             be
             a
             question
             ;
             Rich
             Men
             are
             bound
             by
             the
             precept
             of
             Mercy
             to
             give
             alms
             to
             the
             poor
             ;
             yet
             cannot
             be
             compelled
             to
             give
             :
             It
             is
             one
             thing
             when
             the
             parts
             are
             compared
             among
             themselves
             ;
             another
             when
             Superiors
             are
             compared
             to
             their
             Subjects
             ,
             for
             an
             equal
             cannot
             compell
             his
             equal
             :
             but
             unto
             that
             which
             is
             due
             by
             right
             strickly
             taken
             ;
             yet
             may
             a
             Superior
             compell
             his
             Inferior
             to
             things
             which
             vertue
             commands
             ;
             in
             a
             famine
             to
             bring
             out
             provisions
             they
             have
             stored
             up
             ,
             to
             yield
             him
             †
             to
             death
             that
             deserts
             his
             Colours
             ,
             or
             turns
             coward
             to
             mulct
             those
             that
             wear
             excessive
             apparel
             :
             *
             And
             the
             like
             
             Phocion
             ,
             pointing
             to
             his
             dear
             Friend
             Nicocles
             ,
             said
             ,
             
               Things
               were
               come
               to
               that
               extreamity
               ,
               that
               if
               Alexander
               should
               demand
               him
               ,
               he
               should
               think
               he
               were
               to
               be
               delivered
               up
               :
            
             It
             
             hath
             seem'd
             that
             such
             an
             Innocent
             Person
             might
             be
             deserted
             and
             compelled
             to
             do
             that
             which
             Charity
             requires
             ;
             
             but
             the
             late
             ROYAL
             MARTYR
             seem'd
             of
             another
             opinion
             ,
             when
             he
             came
             to
             dye
             ,
             in
             the
             case
             of
             the
             
               British
               Proto-martyr
               Strafford
            
             .
          
           
             VIII
             .
             Persons
             that
             have
             wrong'd
             or
             defrauded
             Kings
             of
             their
             Revenue
             ,
             especially
             in
             England
             ,
             upon
             Letters
             of
             Request
             to
             those
             Princes
             ,
             whether
             they
             have
             fled
             ,
             have
             been
             delivered
             up
             .
          
           
             Some
             Florentine
             Merchants
             of
             the
             Society
             of
             the
             Striscobaldi
             ,
             being
             made
             Collectors
             and
             Receivers
             of
             the
             Kings
             Customs
             and
             Rents
             in
             
               England
               ,
               Wales
               ,
               Ireland
            
             and
             Gascoigne
             ,
             running
             away
             with
             those
             Moneys
             ,
             together
             with
             all
             their
             Estates
             and
             Goods
             for
             Rome
             ,
             the
             King
             sent
             his
             Letters
             of
             Request
             to
             the
             Pope
             ,
             desiring
             that
             they
             might
             be
             arrested
             ,
             their
             Persons
             and
             Goods
             ,
             and
             
             sent
             over
             to
             satisfy
             him
             the
             dammages
             he
             and
             his
             Subjects
             had
             sustained
             by
             them
             ,
             promising
             not
             to
             proceed
             against
             them
             to
             the
             loss
             of
             their
             limbs
             and
             lives
             .
             Upon
             which
             Letters
             the
             Pope
             seized
             on
             their
             Goods
             ,
             and
             not
             long
             
             after
             the
             King
             Writ
             for
             the
             seizing
             of
             their
             Persons
             ,
             for
             answering
             of
             other
             frauds
             and
             injuries
             .
          
           
             The
             like
             was
             done
             for
             one
             
               Anthony
               Fazons
            
             ,
             who
             had
             received
             500
             l.
             of
             this
             Kings
             Moneys
             ,
             and
             running
             away
             with
             it
             to
             Lorraine
             ,
             the
             King
             writ
             to
             the
             same
             Duke
             ,
             
             desiring
             that
             search
             might
             be
             made
             ,
             and
             his
             Person
             seized
             upon
             in
             every
             place
             within
             his
             Territories
             ,
             till
             he
             should
             satisfy
             the
             said
             5000
             pounds
             .
          
        
         
           
           
             CHAP.
             XIII
             .
             
               Of
               Contribution
               pay'd
               by
               Places
               Deuter
               ,
               to
               both
               Armies
               in
               War.
               
            
          
           
             
               
                 
                   I.
                   Considerations
                   general
                   ,
                   touching
                   the
                   same
                   ,
                   and
                   the
                   chief
                   matters
                   that
                   are
                   objected
                   by
                   those
                   that
                   scruple
                   thereat
                   .
                
                 
                   II
                   The
                   case
                   stated
                   generally
                   in
                   the
                   question
                   propounded
                   to
                   our
                   Saviour
                   of
                   paying
                   tribute
                   to
                   Caesar.
                   
                
                 
                   III
                   In
                   the
                   payment
                   of
                   Contribution
                   to
                   an
                   Enemy
                   ,
                   what
                   is
                   necessary
                   to
                   be
                   distinguisht
                   in
                   the
                   beginning
                   of
                   a
                   War.
                   
                
                 
                   IV.
                   Of
                   a
                   second
                   distinguishment
                   drawn
                   out
                   of
                   the
                   first
                   ,
                   of
                   such
                   payments
                   ,
                   when
                   a
                   War
                   is
                   actually
                   formed
                   .
                
                 
                   V.
                   Where
                   a
                   Man
                   payes
                   ,
                   but
                   mislikes
                   the
                   cause
                   ,
                   whether
                   excusable
                   ,
                   the
                   War
                   not
                   yet
                   actually
                   formed
                   in
                   the
                   place
                   .
                
                 
                   VI.
                   Where
                   a
                   Country
                   is
                   fully
                   possest
                   ,
                   whether
                   payment
                   then
                   is
                   lawful
                   .
                
                 
                   VII
                   .
                   Of
                   the
                   State
                   of
                   those
                   that
                   live
                   on
                   Frontiers
                   ,
                   their
                   condition
                   considered
                   as
                   in
                   reference
                   to
                   procure
                   their
                   peace
                   by
                   Contributions
                   .
                
                 
                   VIII
                   .
                   Of
                   interdiction
                   by
                   him
                   to
                   places
                   from
                   whom
                   saith
                   is
                   owing
                   ,
                   Contribution
                   notwithstanding
                   being
                   pay'd
                   ,
                   whether
                   the
                   same
                   creates
                   an
                   offence
                   in
                   them
                   .
                
                 
                   IX
                   .
                   Of
                   the
                   genuine
                   construction
                   of
                   such
                   interdictions
                   according
                   to
                   the
                   true
                   intention
                   of
                   the
                   same
                   .
                
                 
                   X.
                   Of
                   the
                   impunity
                   and
                   punishment
                   that
                   such
                   innocent
                   offenders
                   may
                   be
                   subjected
                   ,
                   in
                   case
                   of
                   being
                   questioned
                   for
                   the
                   contempt
                   by
                   their
                   right
                   Governours
                   .
                
              
            
          
           
             I.
             THe
             most
             excellent
             Grotius
             having
             most
             incomparably
             treated
             on
             ,
             and
             cleared
             all
             the
             important
             objections
             against
             a
             just
             War
             ,
             together
             with
             the
             incidents
             of
             the
             same
             ,
             yet
             this
             one
             main
             of
             Contribution
             or
             paying
             to
             both
             Armies
             ,
             whether
             lawfull
             ,
             he
             has
             not
             touched
             in
             any
             other
             words
             but
             these
             ,
             
               Quod
               sub
               tributo
               utrique
               part●…●…raestando
               factum
               due
               in
               Belgico
               ,
               Germanico
               ,
               bello
               nu●…●…dimus
               ;
               estque
               id
               consentaneum
               mori
               veteri
               Indorum
               :
            
             †
             
             ●…d
             so
             cites
             a
             saying
             in
             
               Diodorus
               Siculus
            
             ,
             *
             of
             the
             Peace
             that
             those
             People
             maintained
             in
             their
             possessions
             by
             reason
             of
             such
             Contributions
             ,
             but
             to
             many
             Persons
             that
             instance
             of
             this
             without
             further
             scrutining
             ,
             proves
             insufficient
             ;
             for
             that
             there
             are
             many
             who
             not
             finding
             this
             liberty
             in
             their
             consciences
             ,
             unnecessarily
             choose
             rather
             to
             give
             up
             their
             〈◊〉
             to
             restraint
             and
             to
             abandon
             their
             whole
             means
             
             of
             subsistance
             in
             this
             World
             ,
             both
             for
             themselves
             and
             their
             Children
             ,
             (
             which
             ought
             not
             fondly
             to
             be
             done
             ,
             
               unless
               we
               would
               be
               worse
               then
               Infidels
               ,
            
             as
             St.
             Paul
             saith
             )
             they
             ground
             their
             resolution
             on
             this
             reason
             ,
             that
             they
             know
             not
             whether
             the
             Moneys
             they
             give
             may
             not
             furnish
             to
             the
             destruction
             of
             many
             Innocents
             ,
             and
             perhaps
             the
             just
             Magistrate
             ;
             yea
             ,
             and
             the
             total
             subversion
             and
             ru●…n
             of
             their
             Countrey
             ,
             Liberty
             and
             Religion
             :
             and
             therefore
             though
             Men
             give
             and
             bestow
             what
             they
             please
             with
             their
             own
             ,
             yet
             in
             such
             cases
             they
             may
             not
             ;
             therefore
             it
             may
             not
             be
             impertinent
             for
             to
             examine
             whether
             thes
             be
             necessary
             scruples
             in
             themselves
             ,
             and
             such
             as
             admit
             of
             no
             exception
             of
             liberty
             ,
             or
             whether
             those
             scruples
             be
             reasonable
             ,
             or
             indeed
             meer
             scandal
             .
          
           
             II.
             The
             Scribes
             and
             Pharisees
             sought
             two
             waies
             to
             entrappe
             
               Our
               Saviour
            
             ;
             one
             was
             as
             if
             he
             had
             blasphemously
             taught
             a
             new
             Religion
             ,
             and
             a
             new
             
               God
               ,
               (
               viz.
            
             himself
             )
             they
             hoped
             the
             People
             would
             be
             provok't
             to
             stone
             him
             for
             this
             ,
             according
             to
             the
             
               Hebrew
               Law
            
             :
             *
             The
             other
             was
             ,
             to
             bring
             him
             within
             the
             compass
             of
             Treason
             ,
             as
             if
             he
             could
             not
             lead
             great
             Multitudes
             after
             him
             ,
             without
             trayterous
             designs
             ;
             but
             this
             gin
             failed
             too
             ,
             because
             the
             Multitudes
             which
             followed
             him
             ,
             was
             alwaies
             ready
             to
             defend
             him
             .
             However
             ,
             when
             he
             was
             at
             Hierusalem
             ,
             where
             the
             Roman
             Troops
             and
             Praetor
             were
             ,
             they
             thought
             they
             had
             him
             sure
             ,
             by
             propounding
             this
             subject
             to
             him
             :
          
           
             
               Is
               it
               lawfull
               to
               pay
               Tribute
               to
               Caesar
               ?
            
             which
             was
             as
             much
             as
             to
             say
             ,
             We
             ,
             who
             are
             descended
             from
             Abraham
             ,
             and
             are
             the
             peculiar
             People
             ,
             to
             whom
             God
             hath
             given
             the
             large
             Priviledges
             of
             the
             Earth
             at
             home
             ,
             to
             bath
             our selves
             in
             Rivers
             of
             Milk
             and
             Honey
             ,
             to
             have
             full
             Barns
             and
             many
             Children
             ;
             yea
             ,
             that
             GOD
             himself
             will
             be
             adored
             in
             no
             other
             place
             of
             the
             World
             but
             at
             this
             our
             Hierusalem
             ,
             and
             that
             abroad
             we
             should
             triumph
             over
             the
             Barbarous
             and
             uncircumcised
             World
             by
             virtue
             of
             that
             Militia
             ;
             which
             he
             never
             ordered
             for
             any
             but
             our selves
             ,
             how
             are
             we
             then
             in
             duty
             or
             conscience
             to
             submit
             now
             to
             the
             Ordinances
             of
             the
             
               Uncircumcised
               Romans
            
             ?
             or
             what
             right
             can
             he
             have
             to
             exercise
             supream
             Jurisdiction
             over
             us
             ,
             the
             priviledged
             
               Seed
               of
               Abraham
            
             ,
             by
             levying
             of
             
             taxes
             on
             our
             Estates
             and
             Lands
             ,
             which
             GOD
             himself
             laid
             out
             for
             us
             ,
             by
             which
             means
             the
             Emperor
             and
             Senate
             hold
             this
             very
             Temple
             in
             slavery
             ,
             and
             insult
             over
             our
             very
             Consciences
             and
             Religion
             ,
             by
             defiling
             our
             very
             Sacrifices
             with
             the
             mixture
             of
             impure
             Blood
             ;
             which
             as
             they
             are
             the
             price
             of
             our
             Blood
             ,
             and
             a
             Tribute
             far
             above
             Caesars
             ,
             (
             payable
             in
             no
             other
             place
             but
             this
             Temple
             ,
             which
             GOD
             himself
             built
             )
             so
             our
             Blood
             ought
             not
             to
             seem
             too
             dear
             to
             be
             sacrificed
             for
             the
             liberty
             of
             these
             ;
             and
             though
             the
             
               Roman
               State
            
             could
             pretend
             ,
             yet
             what
             can
             this
             Caesar
             pretend
             ?
             every
             Man's
             Conscience
             knows
             that
             it
             was
             but
             the
             other
             day
             he
             usurpt
             over
             the
             Senate
             ,
             in
             which
             resides
             the
             true
             Jurisdiction
             of
             Rome
             ;
             and
             if
             that
             were
             otherwise
             ,
             yet
             how
             can
             he
             pretend
             to
             a
             Title
             ,
             unless
             poyson
             be
             a
             pedigree
             or
             violent
             usurpation
             ,
             a
             just
             Election
             ,
             by
             which
             he
             who
             is
             but
             the
             greatest
             Thief
             in
             the
             World
             ,
             would
             now
             pass
             for
             the
             most
             Soveraign
             and
             Legislative
             Prince
             ?
             How
             then
             are
             we
             in
             conscience
             oblidged
             to
             pay
             Tribute
             to
             this
             Caesar
             ?
             Though
             those
             Lawyers
             thought
             in
             their
             Consciences
             that
             they
             were
             not
             to
             pay
             it
             ,
             and
             that
             
               Our
               Saviour
            
             likewise
             ,
             as
             Jew
             ,
             thought
             so
             too
             ;
             yet
             they
             supposed
             he
             durst
             not
             say
             so
             much
             in
             the
             crowde
             ;
             nor
             yet
             deny
             it
             by
             shifting
             it
             off
             with
             silence
             ,
             left
             the
             Roman
             Officers
             should
             apprehend
             him
             :
             But
             when
             
               Our
               Saviour
            
             shewed
             them
             Caesar's
             Face
             upon
             the
             Coyn
             ,
             and
             bad
             them
             
               Render
               to
               Caesar
               that
               which
               was
               Caesar's
               ,
               and
               to
               GOD
               that
               which
               was
               GOD's
               :
            
             His
             answer
             ran
             quite
             otherwise
             ,
             not
             as
             some
             would
             have
             it
             ,
             that
             by
             a
             subtility
             he
             answered
             not
             to
             the
             point
             proposed
             ,
             for
             then
             the
             sense
             of
             the
             whole
             Text
             would
             sound
             very
             ill
             in
             such
             tearms
             ,
             viz.
             If
             there
             be
             any
             thing
             due
             to
             Caesar
             ,
             pay
             him
             it
             ,
             and
             if
             any
             thing
             is
             due
             from
             you
             to
             GOD
             ,
             then
             pay
             it
             likewise
             .
             This
             had
             been
             a
             weakening
             of
             GOD's
             Right
             for
             Caesars
             ,
             and
             to
             have
             left
             a
             desperate
             doubting
             in
             a
             necessity
             :
             'T
             is
             beyond
             all
             cavil
             that
             
               Our
               Saviour's
            
             opinion
             was
             positive
             for
             paying
             of
             Tribute
             to
             that
             Caesar
             ;
             because
             
               de
               facto
            
             he
             did
             pay
             it
             ,
             and
             the
             plain
             reason
             of
             it
             appears
             evidently
             in
             
             this
             his
             Answer
             :
             
             Caesar's
             Face
             was
             upon
             the
             Coyn
             ,
             that
             is
             to
             say
             ,
             Caesar
             by
             Conquest
             was
             in
             possession
             of
             that
             Coyn
             ,
             by
             possessing
             the
             place
             where
             he
             oblidged
             them
             
             to
             take
             it
             ;
             Coyning
             of
             Money
             being
             one
             prerogative
             of
             Soveraign
             Power
             .
             †
          
           
             III.
             But
             to
             come
             more
             close
             to
             the
             question
             whether
             Contribution
             may
             lawfully
             be
             pay'd
             ,
             
               perferre
               &
               inferre
               bellum
            
             ;
             the
             one
             is
             active
             ,
             and
             properly
             at
             the
             beginning
             of
             a
             War
             ,
             and
             in
             a
             place
             where
             yet
             no
             War
             is
             ,
             and
             where
             its
             cause
             only
             ,
             and
             not
             its
             effects
             can
             be
             considered
             ;
             in
             this
             case
             every
             thing
             ought
             to
             be
             very
             cleer
             for
             warrant
             of
             a
             Man's
             Conscience
             ,
             because
             of
             the
             calamities
             which
             he
             helps
             to
             introduce
             ,
             and
             is
             in
             some
             manner
             the
             author
             of
             :
             the
             other
             is
             passive
             ,
             and
             there
             where
             war
             or
             the
             power
             of
             war
             is
             actually
             formed
             ,
             which
             is
             the
             case
             of
             this
             discourse
             .
          
           
             IV.
             Secondly
             ,
             we
             are
             to
             distinguish
             betwixt
             that
             which
             cannot
             be
             had
             ,
             nor
             the
             value
             of
             it
             ,
             unless
             we
             actually
             give
             it
             ,
             and
             that
             which
             may
             be
             taken
             by
             the
             Law
             of
             War
             whether
             we
             contribute
             I
             or
             no.
             
          
           
             V.
             Most
             certain
             it
             is
             though
             a
             War
             be
             not
             yet
             actually
             formed
             in
             a
             place
             ,
             yet
             a
             scrupling
             conscience
             ,
             which
             likes
             not
             the
             cause
             ,
             may
             be
             excused
             in
             contributing
             to
             it
             in
             this
             one
             case
             ,
             viz.
             if
             some
             number
             of
             Men
             able
             to
             take
             what
             they
             ask
             ,
             demand
             (
             with
             an
             armed
             power
             )
             the
             payment
             of
             a
             certain
             some
             to
             be
             imployed
             in
             War
             ,
             then
             in
             such
             a
             case
             ,
             Man
             ,
             whom
             we
             suppose
             ,
             may
             pay
             it
             as
             a
             ransome
             for
             his
             life
             ,
             or
             give
             it
             as
             a
             Man
             doth
             
             his
             purse
             ,
             when
             he
             is
             surprised
             *
             in
             the
             High-way
             ;
             because
             to
             this
             Man
             it
             is
             as
             much
             as
             if
             the
             whole
             Countrey
             were
             possest
             with
             an
             armed
             power
             :
             So
             several
             Dutchies
             and
             Segniories
             dependant
             on
             the
             Empire
             ,
             do
             in
             the
             present
             War
             between
             them
             and
             the
             
               Crown
               of
               France
            
             ,
             pay
             Contribution
             at
             this
             day
             .
          
           
             But
             if
             the
             Person
             or
             Country
             be
             not
             for
             the
             time
             in
             the
             full
             possession
             of
             him
             ,
             whose
             cause
             he
             scruples
             at
             ,
             and
             that
             he
             or
             they
             have
             not
             a
             probable
             fear
             of
             extream
             danger
             ,
             nor
             as
             probable
             assurance
             that
             without
             his
             help
             ,
             the
             thing
             demanded
             nor
             its
             value
             can
             be
             taken
             from
             him
             or
             them
             ;
             then
             there
             's
             little
             excuse
             remains
             for
             the
             act
             ,
             because
             the
             very
             act
             (
             which
             his
             conscience
             dislikes
             )
             participates
             more
             of
             action
             then
             of
             passion
             .
          
           
             VI.
             But
             where
             a
             Man
             or
             City
             is
             fully
             possest
             by
             an
             invading
             power
             (
             be
             the
             same
             just
             or
             unjust
             )
             from
             whom
             
             he
             or
             they
             cannot
             fly
             ,
             nor
             remove
             their
             substance
             ;
             most
             certain
             the
             payment
             of
             Contribution
             is
             no
             gift
             ,
             no
             more
             then
             he
             ,
             (
             as
             above
             )
             who
             with
             his
             own
             hands
             being
             set
             upon
             by
             Pyrats
             or
             Robbers
             ,
             puts
             his
             purse
             into
             their
             hands
             ;
             for
             the
             Law
             calls
             not
             that
             a
             gift
             †
             nor
             excuses
             the
             party
             from
             taking
             it
             :
             And
             though
             the
             parties
             may
             imploy
             the
             same
             to
             the
             destruction
             perhaps
             of
             Innocents
             ,
             and
             the
             like
             ;
             yet
             that
             is
             an
             action
             out
             of
             their
             power
             ,
             that
             give
             as
             far
             as
             winds
             and
             tempests
             are
             ,
             to
             which
             two
             ,
             as
             we
             contribute
             nothing
             ,
             so
             we
             cannot
             be
             scrupulous
             in
             our
             ●…iences
             concerning
             their
             bad
             effects
             ;
             nor
             is
             the
             same
             ●…ut
             to
             the
             Canon
             Law*
             ,
             (
             which
             teaches
             us
             hu●…
             ,
             
             and
             the
             imitation
             of
             all
             their
             vertues
             ,
             )
             and
             ●…fore
             persons
             ,
             whose
             lives
             are
             innocent
             and
             harmless
             ,
             will
             not
             have
             subjected
             to
             danger
             or
             plunder
             ,
             which
             hardly
             can
             be
             avoided
             without
             Contribution
             or
             Tribute
             .
          
           
             VII
             .
             Again
             ,
             those
             that
             live
             on
             Frontiers
             ,
             whose
             condition
             are
             more
             ticklish
             and
             deplorable
             ,
             because
             they
             are
             not
             fully
             possest
             nor
             taken
             into
             the
             line
             of
             either
             party
             these
             live
             as
             it
             were
             in
             the
             Suburbs
             of
             a
             Kingdom
             ,
             and
             enjoy
             not
             the
             security
             or
             priviledges
             of
             others
             ,
             yet
             such
             Persons
             may
             lawfully
             contribute
             to
             both
             ,
             for
             though
             they
             be
             but
             partly
             possest
             by
             one
             ,
             and
             by
             the
             other
             ,
             in
             respect
             of
             their
             suddain
             abandoning
             them
             ,
             yet
             both
             parties
             have
             the
             power
             of
             destroying
             them
             wholly
             ,
             wherefore
             those
             former
             reasons
             which
             justify
             those
             fully
             possest
             ,
             do
             also
             acquit
             the
             payments
             of
             those
             ,
             for
             their
             conditions
             here
             is
             more
             calamitous
             ,
             seeing
             they
             are
             really
             but
             tenants
             at
             will
             ,
             exposed
             to
             a
             perpetuall
             alarm
             ,
             and
             that
             both
             parties
             wound
             one
             the
             other
             ,
             only
             through
             their
             sides
             ,
             as
             those
             this
             day
             that
             are
             scituate
             between
             France
             and
             Germany
             ,
             for
             being
             perhaps
             Neuters
             in
             the
             War
             ,
             they
             are
             in
             that
             case
             by
             the
             Law
             of
             Arms
             to
             shew
             themselves
             equall
             to
             both
             ,
             †
             in
             permitting
             of
             passage
             ,
             in
             affording
             provisions
             for
             the
             Armies
             ,
             in
             not
             releiving
             the
             beseiged
             .
          
           
             VIII
             .
             Nor
             can
             the
             interdiction
             of
             him
             ,
             to
             whom
             such
             ow
             faith
             and
             obedience
             any
             waies
             create
             the
             same
             an
             offence
             ,
             since
             the
             declared
             wills
             of
             our
             Governors
             cannot
             make
             all
             those
             of
             our
             acts
             sins
             ,
             when
             we
             obey
             or
             submit
             to
             that
             power
             ,
             which
             is
             against
             our
             wills
             ,
             (
             as
             
             much
             as
             against
             theirs
             ,
             and
             it
             may
             be
             with
             more
             of
             our
             misery
             )
             hath
             divested
             them
             of
             the
             power
             of
             their
             rights
             ,
             and
             deprived
             us
             of
             the
             power
             of
             their
             Government
             ;
             and
             by
             the
             Laws
             of
             War
             ,
             they
             who
             have
             overcome
             ,
             should
             Govern
             those
             whom
             they
             have
             overcome
             ;
             and
             therefore
             whatsoever
             is
             exacted
             by
             the
             Conquerors
             ,
             may
             justly
             be
             pay'd
             by
             the
             Conquered
             .
             *
          
           
             And
             since
             Princes
             by
             their
             commands
             cannot
             change
             the
             nature
             of
             humane
             condition
             ,
             which
             is
             subject
             naturally
             to
             those
             fore-mentioned
             changes
             ;
             it
             would
             seem
             exceeding
             hard
             to
             oblidge
             us
             to
             almost
             morall
             impossibilities
             ,
             and
             though
             those
             politicall
             commands
             were
             as
             Laws
             ,
             yet
             doubtless
             they
             ought
             not
             to
             be
             oblidging
             ;
             but
             according
             to
             the
             Legislative
             rule
             ,
             which
             is
             
               cum
               sensu
            
             
             
               humanae
               imbecillitatis
            
             ,
             this
             is
             that
             which
             usually
             is
             call'd
             the
             presumptious
             will
             †
             of
             a
             Governor
             ,
             or
             the
             mind
             of
             a
             Law
             :
             for
             in
             extream
             necessity
             it
             is
             to
             be
             presumed
             that
             both
             their
             wills
             proceed
             from
             the
             rigour
             of
             what
             they
             have
             declared
             ,
             rather
             then
             by
             holding
             to
             that
             which
             is
             their
             supposed
             right
             ,
             introduce
             certain
             miseries
             and
             confusion
             :
             without
             receiving
             any
             benefit
             thereby
             to
             themselves
             .
             Nor
             could
             they
             of
             Utrick
             ,
             and
             others
             of
             the
             Conquered
             Cities
             in
             Holland
             ,
             abandoned
             afterwards
             by
             the
             French
             ,
             entirely
             preserved
             from
             destruction
             ,
             be
             condemned
             by
             their
             Confederates
             ,
             for
             the
             sums
             by
             them
             promised
             to
             the
             Enemy
             for
             the
             preservation
             of
             the
             same
             .
          
           
             Neither
             
               are
               such
               Commands
               or
               Interdictions
               without
               their
               sense
               and
               profit
               ,
               though
               they
               be
               not
               positively
               obeyed
               ,
            
             *
             for
             thereby
             Governors
             shew
             to
             all
             the
             world
             ,
             that
             they
             renounce
             no
             part
             of
             their
             right
             ,
             no
             ,
             though
             it
             be
             there
             where
             they
             cannot
             exercise
             any
             part
             of
             their
             just
             power
             .
          
           
             IX
             .
             Now
             the
             true
             intentions
             of
             such
             Commands
             or
             Interdictions
             is
             ,
             that
             the
             Enemy
             should
             not
             by
             any
             means
             be
             assisted
             or
             strengthned
             ;
             but
             if
             such
             prohibitions
             should
             be
             obeyed
             ;
             nay
             at
             such
             a
             time
             ,
             when
             they
             and
             all
             their
             substance
             are
             absolutely
             possest
             by
             the
             Enemy
             ;
             most
             certain
             such
             commands
             dash
             against
             themselves
             ,
             and
             the
             one
             countermands
             the
             other
             ;
             for
             if
             they
             refuse
             to
             submit
             in
             such
             a
             case
             ,
             then
             they
             do
             that
             which
             advantages
             their
             Enemies
             :
             Because
             at
             that
             time
             they
             will
             take
             all
             ,
             whereas
             in
             case
             of
             submission
             they
             ask
             but
             a
             part
             .
          
           
           
             X.
             In
             all
             Wars
             there
             are
             alwaies
             some
             ,
             by
             whose
             dissassections
             ,
             Enemies
             gain
             more
             then
             by
             their
             complyance
             ,
             just
             as
             Physitians
             do
             by
             distempers
             .
          
           
             And
             although
             ,
             by
             after
             variety
             of
             successes
             ,
             the
             just
             Governor
             should
             recover
             that
             place
             ,
             which
             so
             submitted
             to
             the
             power
             of
             their
             Enemies
             ,
             and
             for
             that
             reason
             should
             punish
             those
             that
             were
             plyable
             to
             extream
             necessity
             ;
             yet
             it
             follows
             not
             upon
             that
             ,
             that
             they
             who
             so
             conformed
             ,
             sinned
             ,
             or
             did
             that
             which
             was
             absolutely
             unlawfull
             ;
             for
             we
             well
             know
             that
             reason
             of
             State
             oft
             calls
             for
             Sacrifices
             ,
             where
             there
             is
             no
             fault
             to
             expiate
             :
             Ostrocisme
             and
             Jealousy
             make
             away
             those
             ,
             who
             are
             known
             
             to
             deserve
             most
             ,
             but
             in
             strickt
             right
             (
             which
             is
             the
             term
             of
             this
             question
             )
             the
             just
             governour
             ought
             to
             look
             upon
             them
             as
             more
             unfortunate
             then
             faulty
             .
          
        
         
           
           
             CHAP.
             XIV
             .
             
               Of
               the
               Naval
               Military
               part
            
             .
          
           
             
               
                 
                   I.
                   The
                   advantage
                   that
                   Princes
                   have
                   by
                   a
                   good
                   Commander
                   .
                
                 
                   II.
                   The
                   love
                   that
                   naturally
                   proceeds
                   from
                   the
                   Mariners
                   to
                   those
                   that
                   are
                   valiant
                   and
                   generous
                   .
                
                 
                   III.
                   Princes
                   in
                   prudence
                   ought
                   not
                   to
                   listen
                   too
                   much
                   to
                   the
                   complaint
                   against
                   Commanders
                   .
                
                 
                   IV.
                   Of
                   the
                   faults
                   generally
                   considered
                   in
                   Soldiers
                   and
                   Mariners
                   .
                
                 
                   V.
                   Of
                   the
                   punishments
                   that
                   generally
                   wait
                   on
                   such
                   offenders
                   :
                
                 
                   VI.
                   Of
                   Drunkeness
                   ,
                   Swearing
                   ,
                   and
                   other
                   such
                   sort
                   of
                   impieties
                   ,
                   not
                   to
                   be
                   suffered
                   in
                   Fleets
                   .
                
                 
                   VII
                   .
                   Spies
                   ,
                   if
                   lawfull
                   to
                   use
                   them
                   by
                   the
                   Laws
                   of
                   Nations
                   ,
                   but
                   being
                   deprehended
                   are
                   to
                   suffer
                   death
                   ;
                   and
                   how
                   they
                   are
                   to
                   be
                   dealt
                   withall
                   by
                   the
                   Laws
                   of
                   England
                   .
                
                 
                   VIII
                   .
                   It
                   is
                   not
                   lawfull
                   for
                   a
                   Friend
                   or
                   Neuter
                   to
                   relieve
                   an
                   Enemy
                   ,
                   and
                   Persons
                   so
                   offending
                   ,
                   how
                   punisht
                   .
                
                 
                   IX
                   .
                   Ships
                   taken
                   as
                   prize
                   ,
                   the
                   Ship
                   papers
                   and
                   other
                   matters
                   concerning
                   the
                   same
                   ,
                   are
                   to
                   be
                   preserved
                   .
                
                 
                   X.
                   Of
                   things
                   taken
                   and
                   acquired
                   in
                   War
                   ,
                   how
                   the
                   right
                   of
                   them
                   becomes
                   vested
                   in
                   the
                   Captors
                   ,
                   and
                   how
                   that
                   is
                   to
                   be
                   understood
                   by
                   the
                   Law
                   of
                   Arms.
                   
                
                 
                   XI
                   .
                   To
                   steal
                   the
                   Cables
                   or
                   other
                   furniture
                   of
                   the
                   King
                   of
                   
                   England's
                   Ships
                   ,
                   how
                   punishable
                   at
                   this
                   day
                   .
                
                 
                   XII
                   .
                   Ships
                   surrendred
                   and
                   voluntarily
                   surrendred
                   ,
                   how
                   to
                   be
                   dealt
                   with
                   ,
                   and
                   whether
                   those
                   that
                   shall
                   resist
                   it
                   ,
                   if
                   entered
                   by
                   force
                   ,
                   whether
                   quarter
                   may
                   be
                   refused
                   .
                
                 
                   XIII
                   .
                   Ships
                   of
                   War
                   generally
                   ought
                   not
                   to
                   be
                   yielded
                   ,
                   but
                   if
                   entered
                   or
                   disabled
                   ,
                   whether
                   they
                   may
                   not
                   accept
                   of
                   a
                   quarter
                   ,
                   standing
                   with
                   the
                   Oath
                   called
                   
                     Sacramentum
                     Militare
                  
                   .
                
                 
                   XIV
                   .
                   Of
                   obeying
                   Orders
                   ,
                   the
                   same
                   ought
                   to
                   be
                   punctually
                   to
                   be
                   follow'd
                   ;
                   and
                   if
                   broken
                   ,
                   though
                   the
                   Act
                   succeeds
                   well
                   ,
                   whether
                   the
                   same
                   subjects
                   not
                   the
                   actor
                   to
                   punishment
                   .
                
                 
                   XV.
                   of
                   the
                   obligation
                   incumbent
                   on
                   Commanders
                   and
                   Souldiers
                   to
                   behave
                   themselves
                   valiantly
                   ,
                   and
                   the
                   right
                   of
                   slaying
                   an
                   Enemy
                   ,
                   where
                   lawfull
                   .
                
                 
                   XVI
                   .
                   Ships
                   how
                   oblidged
                   by
                   the
                   Law
                   of
                   Arms
                   for
                   the
                   assistance
                   of
                   one
                   another
                   ,
                   and
                   of
                   the
                   duty
                   of
                   those
                   that
                   have
                   Fleets
                   under
                   their
                   Convoy
                   .
                
                 
                   XVII
                   .
                   An
                   Enemy
                   beaten
                   ought
                   to
                   be
                   pursued
                   ,
                   and
                   how
                   far
                   it
                   is
                   lawfull
                   to
                   slay
                   such
                   flying
                   with
                   their
                   lives
                   in
                   their
                   hands
                   by
                   the
                   Laws
                   of
                   Arms
                   ,
                   and
                   how
                   the
                   reeking
                   sword
                   ought
                   to
                   be
                   governed
                   .
                
                 
                   XVIII
                   .
                   Persons
                   exempted
                   from
                   the
                   sword
                   ,
                   by
                   the
                   Laws
                   of
                   Nature
                   ,
                   Nations
                   ,
                   Civil
                   and
                   Canon
                   ,
                   and
                   by
                   the
                   Municipall
                   Laws
                   of
                   some
                   Countries
                   .
                
                 
                   XIX
                   .
                   Mutining
                   how
                   esteemed
                   ,
                   valued
                   and
                   punished
                   at
                   this
                   day
                   by
                   the
                   practise
                   of
                   Armies
                   ,
                   and
                   by
                   the
                   Laws
                   of
                   England
                   .
                
                 
                   XX.
                   Whether
                   it
                   be
                   lawfull
                   to
                   decoy
                   the
                   Subjects
                   Souldiers
                   ,
                   or
                   Mariners
                   of
                   an
                   Enemy
                   ,
                   to
                   forsake
                   his
                   Prince
                   or
                   General
                   ,
                   and
                   to
                   bring
                   over
                   his
                   Men
                   ,
                   Ships
                   ,
                   or
                   Arms
                   ,
                   and
                   where
                   by
                   Law
                   they
                   may
                   be
                   
                   received
                   ;
                   and
                   how
                   such
                   deserters
                   may
                   be
                   punished
                   by
                   the
                   Laws
                   of
                   Nations
                   ,
                   and
                   of
                   England
                   .
                
                 
                   XXI
                   .
                   Of
                   Seducers
                   ,
                   Message
                   Carriers
                   and
                   Decoyers
                   of
                   Souldiers
                   ,
                   how
                   to
                   be
                   handled
                   by
                   the
                   Law
                   of
                   Arm.
                   
                
                 
                   XXII
                   .
                   Of
                   those
                   that
                   shall
                   disobey
                   or
                   strike
                   their
                   superiour
                   Officers
                   ,
                   how
                   punishable
                   .
                
                 
                   XXIII
                   .
                   Of
                   mutening
                   ,
                   and
                   those
                   that
                   shall
                   act
                   in
                   the
                   same
                   how
                   punished
                   ,
                   though
                   they
                   have
                   a
                   just
                   cause
                   of
                   complaint
                   :
                
                 
                   XXIV
                   .
                   Of
                   the
                   care
                   incumbent
                   on
                   Commanders
                   and
                   Masters
                   of
                   the
                   Great
                   Ships
                   ,
                   as
                   in
                   reference
                   to
                   their
                   safety
                   ,
                   and
                   the
                   punishment
                   of
                   wilfull
                   burning
                   and
                   destroying
                   them
                   .
                
                 
                   XXV
                   .
                   Of
                   the
                   general
                   offences
                   at
                   Sea
                   ,
                   how
                   punished
                   .
                
                 
                   XXVI
                   .
                   
                     Court
                     Martials
                  
                   how
                   erected
                   ,
                   and
                   what
                   operation
                   their
                   Judgements
                   have
                   ,
                   and
                   upon
                   whom
                   .
                
                 
                   XXVII
                   .
                   Judges
                   ,
                   and
                   Advocates
                   ,
                   Power
                   as
                   in
                   reference
                   to
                   give
                   an
                   Oath
                   ,
                   and
                   the
                   
                   Admiral
                   's
                   power
                   how
                   limited
                   to
                   the
                   punishing
                   of
                   offences
                   .
                
                 
                   XXVIII
                   .
                   Of
                   maimed
                   Souldiers
                   and
                   Mariners
                   ,
                   and
                   the
                   provisions
                   that
                   the
                   Law
                   makes
                   for
                   them
                   at
                   this
                   day
                   .
                
                 
                   XXIX
                   .
                   Of
                   Triumphs
                   .
                
              
            
          
           
             I.
             AN
             Excellent
             Generall
             is
             an
             evidence
             of
             the
             Fortune
             of
             a
             Prince
             ,
             and
             the
             Instrument
             that
             occasions
             the
             happiness
             of
             a
             Kingdom
             ;
             and
             therefore
             when
             GOD
             makes
             choise
             of
             a
             Person
             to
             repair
             the
             disorders
             of
             the
             World
             ,
             or
             the
             good
             of
             a
             particular
             State
             ,
             then
             is
             his
             care
             shewed
             in
             the
             furnishing
             him
             with
             necessary
             Principalls
             to
             undertake
             great
             matters
             ;
             the
             thoughts
             are
             put
             in
             his
             Soul
             by
             that
             eternall
             Commander
             to
             execute
             ,
             he
             troubles
             and
             confounds
             his
             Enemies
             ,
             and
             leads
             him
             as
             by
             the
             hand
             ●…o
             Victories
             and
             Triumphs
             :
             And
             one
             of
             the
             greatest
             expedients
             whereof
             he
             serves
             himself
             for
             this
             purpose
             ,
             is
             to
             raise
             unto
             him
             excellent
             Men
             ,
             both
             in
             Courage
             and
             Conduct
             ,
             to
             whom
             he
             communicates
             his
             care
             ,
             and
             who
             help
             him
             to
             bear
             the
             weight
             of
             Affairs
             .
             Alexander
             had
             never
             conquered
             Asia
             ,
             or
             made
             the
             Indies
             to
             tremble
             ,
             but
             for
             
               Ephestion
               ,
               Parmenio
            
             and
             
               Clytus
               ;
               Caesar
            
             gained
             many
             a
             Bataill
             by
             his
             Lievtenants
             ,
             and
             the
             fairest
             Empire
             of
             the
             World
             ,
             which
             ambition
             and
             evil
             of
             the
             times
             had
             divided
             into
             3
             parts
             ,
             was
             reduced
             under
             the
             Dominion
             of
             Augustus
             ,
             by
             the
             valour
             of
             
               Agrippa
               ;
               Justinian
            
             triumphed
             over
             Persia
             ,
             and
             destroyed
             the
             Vandalls
             in
             Affrica
             ;
             and
             the
             Goths
             in
             Italy
             ,
             by
             the
             aid
             of
             Bellisarus
             and
             Narcete
             :
             And
             it
             is
             most
             certain
             ,
             that
             
               Noble
               Commanders
            
             are
             the
             Glory
             of
             their
             Princes
             ,
             and
             happiness
             of
             the
             People
             ;
             on
             the
             other
             hand
             ,
             base
             cowardly
             and
             treacherous
             Generals
             ,
             are
             the
             shame
             of
             the
             one
             ,
             and
             the
             dispair
             of
             the
             other
             .
          
           
           
             II.
             Hence
             it
             is
             that
             Souldiers
             and
             Mariners
             draw
             their
             lines
             ,
             either
             of
             love
             even
             to
             the
             mouth
             of
             Canons
             with
             a
             good
             Generall
             ,
             or
             mutiny
             and
             hate
             to
             the
             main
             yard
             end
             against
             one
             that
             is
             bad
             ,
             for
             to
             obey
             them
             who
             are
             not
             their
             Soveraigns
             when
             they
             do
             them
             hurt
             ,
             when
             they
             insult
             and
             are
             cruell
             in
             cold
             blood
             ,
             and
             base
             ,
             cowardly
             ,
             or
             treacherous
             in
             Bataill
             ,
             is
             a
             sad
             necessity
             for
             them
             ,
             and
             a
             hard
             essay
             of
             patience
             ;
             yet
             must
             they
             be
             obeyed
             ,
             and
             the
             Souldiers
             and
             Mariners
             must
             not
             rebell
             or
             repine
             ,
             but
             submit
             till
             the
             Soveraign
             redresses
             the
             misfortunes
             .
          
           
             III.
             Again
             ,
             Princes
             ought
             not
             to
             listen
             too
             much
             to
             the
             mutinous
             demands
             of
             the
             Crew
             ,
             or
             any
             others
             ,
             whose
             ambition
             watches
             their
             ruin
             ,
             whereby
             to
             conceive
             anger
             against
             this
             Commanders
             ;
             for
             it
             is
             easier
             to
             purge
             out
             the
             choler
             and
             discontent
             that
             is
             got
             under
             the
             hatches
             ,
             then
             to
             provide
             
               Commanders
               of
               Conduct
            
             ,
             Courage
             and
             Faithfulness
             to
             govern
             their
             Expeditions
             .
             Bellisarius
             ,
             that
             most
             excellent
             Commander
             ,
             who
             had
             no
             other
             crime
             then
             his
             Reputation
             ,
             and
             was
             not
             culpable
             ,
             but
             that
             he
             was
             powerfull
             ,
             having
             conquered
             Persia
             ,
             subdued
             Africa
             ,
             humbled
             the
             Goths
             in
             Italy
             ,
             lead
             Kings
             in
             Triumph
             ,
             and
             made
             appear
             to
             Constantinople
             somewhat
             of
             
               Old
               Rome
            
             ,
             an
             Idea
             of
             the
             Antient
             Spendor
             of
             that
             proud
             Reipublique
             ;
             
             after
             all
             his
             Eminent
             Services
             ,
             this
             
               Great
               Person
            
             is
             abandoned
             to
             Envy
             ,
             a
             suspition
             ill
             grounded
             distroys
             the
             value
             of
             so
             many
             Services
             ,
             and
             a
             simple
             
               jealousy
               of
               State
            
             wipes
             them
             out
             of
             the
             memory
             of
             his
             Prince
             :
             but
             he
             rests
             not
             there
             ,
             for
             the
             demeanor
             had
             been
             too
             gentle
             ,
             if
             cruelty
             had
             not
             been
             added
             to
             ingratitude
             ;
             they
             deprive
             
             him
             of
             all
             his
             Honours
             ,
             they
             rob
             him
             of
             all
             his
             Fortune
             ,
             they
             take
             from
             him
             the
             use
             of
             the
             Day
             and
             Light
             ,
             they
             put
             out
             his
             Eyes
             ,
             and
             reduce
             him
             to
             the
             company
             of
             Rogues
             ,
             and
             the
             miserable
             Bellisarius
             demands
             a
             charity
             ,
             even
             that
             Bellisarius
             the
             Chiefest
             General
             of
             his
             Age
             ,
             and
             the
             
               Greatest
               Ornament
               of
               the
               Empire
            
             ,
             who
             after
             so
             many
             Victories
             and
             Conquests
             ,
             accompanied
             with
             so
             high
             and
             cleer
             a
             Virtue
             ,
             and
             in
             the
             midst
             of
             Christendom
             ,
             reduced
             to
             so
             abject
             and
             low
             a
             misery
             .
          
           
             Nor
             was
             this
             cruel
             and
             hasty
             reckoning
             of
             Justinian
             let
             slip
             ,
             without
             a
             cruel
             payment
             ,
             for
             Narces
             ,
             who
             was
             
             as
             well
             a
             Successor
             in
             merit
             as
             in
             Authority
             to
             Bellisarius
             ,
             who
             having
             notice
             of
             a
             disdain
             ,
             conceived
             likewise
             against
             him
             upon
             a
             single
             complaint
             resolved
             not
             to
             expose
             himself
             as
             a
             Sacrifice
             to
             their
             malice
             ;
             and
             therefore
             better
             to
             shake
             off
             the
             yoak
             then
             stay
             to
             be
             oppressed
             ,
             soon
             spoiled
             the
             affairs
             of
             Justinian
             ,
             for
             the
             Goths
             revolted
             ,
             and
             Fortune
             would
             not
             forbear
             to
             be
             of
             the
             party
             ,
             which
             Narces
             Follow'd
             ,
             nor
             to
             find
             the
             Barbarian
             ,
             where
             so
             Brave
             a
             Captain
             was
             engaged
             .
             Therefore
             ,
             not
             one
             or
             many
             faults
             are
             to
             be
             listened
             to
             against
             Commanders
             ,
             but
             patiently
             heard
             and
             redressed
             ,
             but
             not
             to
             disgrace
             or
             loose
             them
             ;
             for
             such
             having
             committed
             a
             fault
             ,
             yet
             being
             admonished
             by
             love
             ,
             may
             endeavour
             by
             future
             Services
             to
             make
             recompence
             by
             some
             Noble
             Exploit
             ;
             but
             disgraced
             ,
             become
             Instruments
             often
             of
             danger
             and
             ruin
             to
             their
             Superiors
             .
          
           
             IV.
             Souldiers
             and
             Mariners
             faults
             are
             either
             proper
             to
             themselves
             ,
             or
             common
             with
             others
             .
          
           
             Those
             are
             common
             with
             others
             ,
             which
             other
             Men
             fall
             into
             ,
             and
             are
             corrected
             with
             like
             ordinary
             proceeding
             as
             other
             crimes
             of
             like
             nature
             ,
             as
             Man-slaughter
             ,
             Theft
             ,
             Adultery
             ,
             and
             such
             like
             .
          
           
             Those
             are
             proper
             ,
             which
             do
             properly
             appertain
             to
             the
             
               Naval
               Military
            
             part
             ,
             and
             are
             punished
             by
             some
             unusuall
             or
             extraordinary
             punishment
             :
             As
             are
             these
             ,
             not
             to
             appear
             at
             the
             over
             musters
             or
             calling
             over
             the
             Ship
             ,
             to
             serve
             under
             him
             ,
             he
             ought
             not
             to
             serve
             ,
             to
             vage
             or
             wander
             long
             from
             a
             Ship-board
             ,
             although
             he
             return
             of
             his
             own
             accord
             ,
             to
             forsake
             his
             Fleet
             ,
             Squadron
             ,
             Ship
             ,
             Captain
             ,
             Commander
             ,
             or
             Officer
             ,
             to
             leave
             his
             standing
             to
             fly
             over
             to
             the
             Enemy
             ,
             to
             betray
             the
             Fleet
             ,
             Squadron
             or
             Ship
             ,
             to
             be
             disobedient
             to
             superior
             Affairs
             ,
             to
             loose
             or
             sell
             his
             Arms
             ,
             or
             steal
             another
             Man's
             ,
             
             to
             be
             negligent
             in
             his
             Officer's
             command
             or
             in
             his
             watch
             ,
             to
             make
             a
             mutiny
             ,
             to
             fly
             first
             out
             of
             the
             Battle
             ,
             and
             the
             like
             ,
             which
             are
             very
             frequently
             set
             forth
             in
             the
             Titles
             of
             the
             Digest
             and
             Code
             of
             Military
             affairs
             ,
             and
             other
             like
             Titles
             ,
             which
             accompany
             them
             .
          
           
             Arrian
             ,
             who
             wrote
             the
             Life
             of
             
               Alexander
               the
               Great
            
             ,
             observes
             ,
             
               Every
               thing
               is
               counted
               an
               offence
               in
               a
               Souldier
               ,
               which
               is
               done
               contrary
               to
               the
               common
               Discipline
               ,
            
             as
             to
             be
             negligent
             ,
             to
             be
             stubborn
             ,
             to
             be
             slothfull
             .
          
           
           
             V.
             The
             punishment
             wherewith
             Souldiers
             and
             Mariners
             are
             corrected
             ,
             are
             those
             corporall
             punishments
             ,
             or
             a
             pecuniary
             mulct
             or
             injunction
             of
             some
             service
             to
             be
             done
             ,
             or
             a
             motion
             or
             removing
             out
             of
             their
             Places
             ,
             and
             sending
             away
             with
             shame
             .
          
           
             By
             Capital
             punishment
             ,
             is
             understood
             for
             the
             most
             part
             death
             ,
             or
             at
             least
             beating
             with
             
               Cat
               with
               nine
               tayls
            
             ,
             as
             they
             commonly
             term
             it
             ,
             
               Ducking
               ,
               Wooden-horse
               ,
               Gauntlet
            
             ,
             and
             such
             like
             ,
             unless
             happily
             it
             be
             pardoned
             ,
             either
             for
             the
             unskilfulness
             of
             the
             Mariner
             or
             Souldier
             ,
             or
             the
             mutiny
             of
             the
             Crew
             or
             Company
             ,
             being
             thereto
             drawn
             by
             Wine
             ,
             Wantonness
             ,
             or
             for
             the
             commiseration
             or
             pitty
             of
             the
             Wife
             and
             Children
             ,
             of
             the
             party
             offending
             ;
             all
             which
             is
             left
             to
             the
             discretion
             of
             the
             
               Lord
               Admiral
            
             and
             others
             the
             Supream
             Commanders
             ,
             or
             Captains
             .
          
           
             VI.
             It
             is
             necessary
             that
             in
             Armies
             and
             Fleets
             all
             manner
             of
             impiety
             should
             be
             prohibited
             ,
             especially
             that
             of
             Swearing
             and
             Cursing
             ;
             for
             such
             are
             sins
             so
             foolish
             ,
             that
             they
             unawares
             help
             Men
             into
             damnation
             ,
             rendering
             Men
             worse
             then
             beasts
             ;
             by
             how
             much
             the
             more
             they
             court
             that
             vanity
             of
             sin
             without
             any
             of
             the
             appendant
             allurements
             ;
             which
             other
             vitious
             actions
             are
             accompanied
             with
             ;
             the
             same
             in
             the
             end
             teaching
             Men
             to
             disavow
             GOD
             in
             their
             Discourse
             and
             actions
             ,
             by
             their
             intemperate
             and
             inconsiderate
             invoking
             him
             in
             their
             Oaths
             :
             Against
             such
             ,
             as
             also
             against
             those
             that
             shall
             give
             themselves
             
             up
             to
             Cursing
             ,
             Execrations
             ,
             Drunkenness
             ,
             Uncleanness
             ,
             or
             other
             scandalous
             actions
             in
             derogation
             of
             
             God's
             Honour
             ,
             and
             corruption
             of
             good
             manners
             ,
             fynes
             and
             Imprisonment
             or
             such
             other
             punishment
             may
             be
             inflicted
             on
             them
             ,
             by
             a
             
               Court
               Marshall
            
             ,
             *
             which
             is
             now
             reduced
             to
             the
             forfeiture
             of
             one
             day's
             pay
             ;
             but
             for
             drunkenness
             ,
             the
             same
             extends
             not
             to
             Commanders
             ,
             or
             other
             Commission
             and
             Warrant-Officers
             ;
             for
             they
             upon
             conviction
             before
             the
             Admiral
             shall
             be
             rendred
             uncapable
             of
             their
             Command
             .
          
           
             And
             a
             Lyar
             convicted
             a
             Ship-board
             ,
             shall
             be
             hoisted
             upon
             the
             main-stay
             with
             4
             Braces
             ,
             having
             a
             Broom
             and
             
             Shovel
             tyed
             to
             his
             back
             ,
             where
             he
             shall
             continue
             an
             hour
             ,
             every
             Man
             crying
             ,
             
               A
               lyar
               ,
               a
               lyar
            
             ,
             and
             a
             week
             following
             he
             shall
             clean
             the
             Ship
             's
             head
             and
             sides
             without
             board
             ,
             
             according
             to
             the
             antient
             practise
             of
             the
             Navy
             ,
             if
             he
             receives
             
             greater
             Wages
             then
             for
             an
             able
             Sea-Men
             ,
             then
             half
             a
             day's
             pay
             .
          
           
             VI.
             By
             the
             
               Laws
               of
               Nations
               ,
               Spies
            
             may
             be
             sent
             to
             survey
             
             the
             Enemy's
             Force
             ,
             Fleet
             ,
             Station
             or
             Squadron
             ,
             and
             make
             discovery
             of
             whatsoever
             may
             give
             advantage
             to
             the
             Persons
             sending
             :
             So
             Moses
             and
             Joshua
             did
             into
             the
             
               Holy
               Land
            
             ;
             on
             the
             other
             hand
             being
             deprehended
             ,
             they
             are
             to
             be
             put
             to
             death
             ,
             as
             Apian
             saith
             ;
             and
             by
             the
             Laws
             of
             England
             ,
             if
             any
             Officer
             ,
             Souldier
             or
             Mariner
             ,
             in
             actual
             Service
             ,
             and
             in
             pay
             in
             his
             Majesties
             Fleet
             ,
             or
             any
             other
             Person
             in
             the
             same
             ,
             shall
             give
             ,
             hold
             ,
             or
             entertain
             any
             intelligence
             to
             or
             with
             any
             
               King
               ,
               Prince
            
             or
             State
             ,
             being
             enemy
             to
             ,
             or
             any
             Person
             in
             Rebellion
             against
             his
             
             Majesties
             his
             Heirs
             and
             Successors
             ,
             without
             leave
             or
             authority
             from
             the
             King
             ,
             Admiral
             ,
             Vice-Admiral
             ,
             or
             Officers
             in
             chief
             of
             any
             Squadron
             ,
             they
             are
             to
             suffer
             death
             :
             Now
             ,
             the
             bare
             receipt
             of
             a
             Letter
             or
             Message
             from
             an
             Enemy
             ,
             will
             not
             make
             a
             Man
             subject
             to
             the
             penalty
             of
             this
             Article
             ;
             and
             therefore
             the
             subsequent
             Article
             explains
             the
             precedent
             ,
             in
             which
             it
             is
             provided
             ,
             that
             if
             any
             inferiour
             Officer
             ,
             Mariner
             ,
             or
             Souldier
             shall
             receive
             any
             Letter
             or
             Message
             from
             any
             King
             ,
             Forreign
             Prince
             ,
             State
             ,
             or
             Potentate
             ,
             being
             an
             Enemy
             ,
             or
             on
             their
             behalf
             ,
             and
             
               if
               such
               Person
               does
               not
               reveal
               the
               same
               within
            
             12
             
               hours
               ,
               having
               opportunity
               so
               to
               do
               ,
               and
               acquaint
               the
               Superior
               Commander
               with
               it
               ,
               such
               Person
               is
               to
               suffer
               death
            
             ;
             so
             likewise
             ,
             if
             such
             Superior
             Officer
             ,
             or
             Mariner
             being
             acquainted
             therewith
             by
             an
             inferior
             Officer
             ,
             Mariner
             or
             other
             ,
             such
             Superiour
             Officero
             ,
             Cmmander
             or
             Mariner
             ,
             in
             his
             own
             
             Person
             ,
             receiving
             a
             Letter
             or
             Message
             from
             any
             such
             Enemy
             or
             Rebell
             ,
             and
             shall
             not
             in
             convenient
             time
             reveal
             the
             same
             to
             the
             
               Admiral
               ,
               Vice-Admiral
            
             or
             Commander
             of
             the
             Squadron
             ,
             shall
             suffer
             the
             like
             pain
             of
             death
             ,
             or
             such
             punishment
             as
             a
             
               Court
               Marshal
            
             shall
             inflict
             :
             Now
             ,
             Spies
             are
             put
             to
             death
             sometimes
             justly
             by
             those
             that
             manifestly
             have
             a
             just
             cause
             of
             Warring
             by
             others
             ,
             by
             that
             licence
             which
             the
             Law
             of
             War
             granteth
             ;
             nor
             ought
             any
             Person
             to
             be
             moved
             with
             this
             ,
             that
             such
             being
             taken
             ,
             are
             punished
             with
             death
             ;
             for
             that
             proceeds
             not
             from
             their
             having
             offended
             against
             the
             Law
             of
             Nations
             ,
             
             but
             from
             this
             ,
             that
             by
             the
             same
             Law
             every
             thing
             is
             
             lawfull
             against
             an
             Enemy
             :
             And
             every
             one
             as
             it
             is
             for
             his
             own
             profit
             ,
             determineth
             either
             more
             rigourously
             or
             gently
             ,
             but
             that
             Spies
             are
             both
             lawfull
             and
             practable
             ,
             there
             is
             no
             question
             ;
             for
             at
             this
             day
             by
             the
             generall
             instructions
             of
             Fleets
             ,
             there
             is
             alwaies
             out
             of
             each
             Squadron
             
             some
             Frigots
             or
             Ships
             appointed
             ,
             to
             make
             discovery
             of
             the
             Enemy
             ,
             and
             upon
             sight
             to
             make
             saile
             ,
             and
             to
             stand
             with
             them
             ;
             in
             order
             to
             the
             taking
             cognizance
             of
             their
             Force
             ,
             as
             well
             Ships
             of
             War
             as
             Fire-Ships
             ,
             and
             in
             what
             posture
             they
             lay
             ;
             which
             being
             done
             ,
             those
             detecting
             Frigots
             are
             to
             speak
             together
             ,
             and
             to
             conclude
             on
             the
             report
             they
             are
             to
             give
             ,
             which
             done
             ,
             they
             return
             to
             their
             respective
             Squadrons
             ;
             such
             Ships
             in
             such
             service
             are
             not
             oblidged
             to
             fight
             ,
             especially
             if
             the
             Enemies
             Force
             exceed
             them
             in
             number
             ,
             or
             that
             they
             shall
             have
             an
             apparent
             advantage
             .
          
           
             VIII
             .
             Again
             ,
             it
             is
             not
             lawfull
             for
             any
             ,
             be
             he
             friend
             or
             neuter
             ,
             to
             relieve
             an
             Enemy
             ,
             much
             less
             for
             a
             Souldier
             
             or
             Mariner
             in
             pay
             ,
             
               to
               supply
               him
               that
               conspires
               the
               destruction
               of
               my
               Countrey
               ,
               is
               a
               liberality
               not
               to
               be
               allowed
               of
               ,
            
             he
             is
             to
             be
             accounted
             an
             Enemy
             that
             supplies
             the
             Enemy
             with
             necessaries
             for
             the
             War
             ;
             and
             therefore
             by
             
             the
             Laws
             of
             War
             is
             so
             to
             be
             esteemed
             ;
             and
             by
             the
             Laws
             of
             England
             ,
             if
             any
             Person
             in
             the
             Fleet
             relieve
             an
             Enemy
             or
             Rebell
             in
             time
             of
             War
             ,
             with
             Money
             ,
             Victuals
             ,
             Powder
             ,
             
             shot
             ,
             Armes
             ,
             Amunition
             or
             any
             other
             supplies
             whatsoever
             ,
             directly
             or
             indirectly
             ,
             shall
             suffer
             death
             .
          
           
             IX
             .
             Ships
             being
             assaulted
             and
             taken
             as
             prize
             ,
             all
             the
             Papers
             ,
             Charter-parties
             ,
             Bills
             of
             lading
             ,
             Pass-ports
             and
             other
             Writings
             whatsoever
             that
             shall
             be
             taken
             ,
             seized
             or
             found
             aboard
             ,
             are
             to
             be
             duely
             preserved
             ,
             and
             not
             torn
             or
             made
             away
             ;
             but
             the
             very
             Originalls
             are
             to
             be
             sent
             up
             entirely
             and
             without
             fraude
             to
             the
             Court
             of
             Admiralty
             ,
             
             or
             to
             the
             Commander
             appointed
             for
             that
             purpose
             ,
             in
             order
             to
             the
             condemnation
             of
             the
             Prize
             ,
             upon
             pain
             of
             the
             Captors
             loosing
             their
             share
             in
             the
             Prize
             ,
             and
             also
             subject
             to
             such
             other
             punishment
             as
             a
             
               Court
               Marshall
            
             shall
             think
             fit
             .
          
           
             X.
             The
             Right
             of
             taking
             of
             spoil
             was
             approved
             of
             GOD
             ,
             within
             these
             naturall
             bounds
             which
             have
             been
             
             already
             mentioned
             ,
             is
             further
             evinc't
             by
             the
             appointment
             that
             GOD
             in
             his
             Law
             concerning
             the
             Acquisition
             of
             Empire
             over
             the
             conquered
             ,
             after
             refusal
             of
             peace
             ,
             
               All
               the
               spoil
               thereof
               shalt
               thou
               take
               unto
               thy self
               ,
               and
               thou
               shalt
               eat
               the
               spoil
               of
               thine
               enemies
               ,
               which
               the
               LORD
               thy
               GOD
               hath
               given
               thee
               :
            
             Hence
             it
             is
             ,
             that
             things
             taken
             from
             the
             Enemy
             ,
             presently
             become
             theirs
             that
             take
             them
             by
             the
             Law
             of
             Nations
             ,
             and
             such
             acquisition
             is
             called
             Natural
             ,
             for
             not
             any
             cause
             ,
             but
             the
             naked
             fact
             is
             considered
             :
             And
             thence
             a
             Right
             springeth
             ;
             for
             as
             the
             Dominion
             of
             things
             began
             from
             Natural
             possession
             and
             some
             print
             of
             the
             same
             remains
             in
             the
             things
             taken
             in
             the
             
             Land
             ,
             the
             Sea
             ,
             and
             the
             Air
             ;
             so
             likewise
             of
             things
             taken
             in
             War
             ;
             but
             though
             this
             gives
             a
             Right
             to
             the
             Captors
             ,
             yet
             that
             must
             be
             understood
             to
             the
             Soveraign
             or
             to
             the
             State
             that
             imploy'd
             them
             ,
             and
             not
             to
             themselves
             ;
             but
             if
             they
             have
             any
             share
             of
             the
             Prize
             ,
             the
             same
             proceeds
             by
             the
             condiscention
             or
             grant
             of
             the
             Soveraign
             ,
             which
             may
             be
             enlarged
             or
             abridged
             as
             occasion
             serves
             ;
             and
             therefore
             by
             the
             Laws
             of
             England
             ,
             Ships
             of
             War
             having
             a
             Prize
             ,
             the
             goods
             and
             all
             manner
             of
             lading
             is
             to
             be
             preserved
             ,
             till
             adjudication
             shall
             pass
             ;
             but
             that
             is
             to
             be
             understood
             ,
             where
             the
             Ship
             voluntarily
             yields
             :
             but
             Ships
             whom
             they
             shall
             assault
             ,
             and
             take
             in
             fight
             or
             prize
             ,
             the
             pillage
             of
             all
             manner
             of
             Goods
             and
             Merchandizes
             (
             other
             then
             Arms
             ,
             Ammunition
             ,
             Tackle
             ,
             Furnitures
             or
             stores
             of
             such
             Ships
             )
             as
             shall
             be
             found
             by
             the
             Captors
             ,
             upon
             or
             above
             the
             Gun-deck
             of
             the
             Ship
             ,
             become
             theirs
             *
             ;
             but
             
             this
             is
             to
             be
             understood
             where
             such
             Prize
             may
             lawfully
             be
             possest
             ;
             for
             there
             are
             times
             when
             such
             are
             not
             to
             be
             meddled
             with
             ,
             and
             therefore
             it
             is
             against
             the
             rules
             of
             War
             in
             fight
             ,
             if
             some
             of
             the
             Enemies
             Ships
             are
             there
             disabled
             ;
             yet
             those
             Ships
             that
             did
             so
             disable
             them
             ,
             if
             they
             are
             in
             a
             condition
             to
             pursue
             the
             Enemy
             ,
             cannot
             during
             the
             fight
             take
             ,
             possess
             ,
             or
             burn
             such
             disabled
             Ships
             ,
             and
             the
             reason
             is
             ,
             least
             by
             so
             doing
             some
             more
             important
             service
             be
             lost
             ,
             but
             they
             are
             to
             wait
             for
             such
             booty
             ,
             till
             the
             
             Flagg-Officers
             shall
             give
             command
             for
             the
             same
             .
             
          
           
             Vluzzali
             ,
             King
             of
             Algier
             ,
             in
             the
             famous
             Bataill
             of
             Lepanto
             ,
             having
             behaved
             himself
             very
             valiantly
             there
             against
             the
             Christians
             ,
             that
             he
             destroy'd
             severall
             of
             their
             
             Galleys
             ,
             and
             others
             ,
             he
             took
             amongst
             the
             rest
             the
             Galleys
             of
             
               Pietro
               Bua
            
             of
             Corsa
             ,
             of
             the
             
               Prior
               of
               Messina
            
             ,
             and
             
               Ludovico
               Tipico
            
             of
             Trahu
             ,
             and
             
               Benedeto
               Soranza
            
             ,
             the
             which
             he
             towed
             after
             him
             before
             the
             Battle
             was
             compleated
             ;
             but
             that
             getting
             proved
             the
             loss
             both
             of
             the
             one
             and
             the
             other
             ,
             for
             the
             Turks
             out
             of
             coveteousness
             of
             the
             plunder
             ,
             or
             otherwise
             thronging
             into
             them
             ,
             accasioned
             their
             
             taking
             fire
             ,
             in
             which
             the
             Victors
             in
             those
             flames
             became
             Victimes
             ,
             and
             after
             follow'd
             the
             totall
             rout
             of
             the
             Ottoman
             power
             .
          
           
             XI
             .
             It
             is
             almost
             impossible
             ,
             that
             in
             Ships
             of
             War
             ,
             which
             in
             these
             daies
             carry
             so
             considerable
             force
             in
             Men
             ,
             but
             there
             will
             be
             some
             amongst
             them
             that
             have
             heads
             of
             knavery
             ,
             and
             fingers
             of
             Lime-twigs
             ,
             nor
             fearing
             to
             steal
             that
             from
             their
             Prince
             ,
             which
             is
             applicable
             only
             for
             the
             good
             of
             their
             Countrey
             ;
             such
             sort
             of
             Night-wolves
             when
             caught
             ,
             are
             to
             be
             severely
             punished
             ;
             and
             therefore
             to
             steal
             or
             take
             away
             any
             Cables
             ,
             Anchors
             ,
             Sails
             ,
             or
             any
             
             of
             the
             Ships
             Furniture
             ,
             or
             any
             of
             the
             Powder
             or
             Arms
             ,
             or
             Amunition
             of
             the
             Ship
             ,
             subjects
             the
             offender
             to
             the
             pains
             of
             death
             ,
             or
             to
             such
             other
             punishment
             as
             the
             quality
             of
             the
             offence
             shall
             be
             found
             by
             a
             
               Court
               Martial
            
             to
             deserve
             .
          
           
             XII
             .
             By
             the
             ninth
             Article
             ,
             Forreign
             Ships
             or
             Vessels
             
             taken
             as
             Prize
             ,
             without
             fighting
             ,
             none
             of
             the
             Captains
             ,
             Masters
             or
             Mariners
             being
             Forreigners
             ,
             shall
             be
             stripped
             of
             their
             cloaths
             ,
             or
             in
             any
             sort
             beaten
             ,
             pillaged
             ,
             or
             evil
             entreated
             ;
             and
             the
             Persons
             so
             offending
             being
             oblidged
             to
             render
             double
             damage
             :
             this
             Law
             most
             expresly
             doth
             not
             extend
             to
             those
             that
             obstinatly
             shall
             maintain
             a
             Fight
             ;
             for
             most
             certain
             ,
             by
             the
             Law
             of
             Arms
             ,
             if
             the
             Ship
             be
             boarded
             and
             taken
             ,
             there
             remains
             no
             restriction
             ,
             but
             that
             of
             charity
             ;
             and
             if
             a
             Ship
             shall
             persist
             in
             the
             engagement
             ,
             even
             till
             the
             last
             ,
             and
             then
             yield
             to
             mercy
             ,
             there
             has
             been
             some
             doubt
             ,
             *
             whether
             quarter
             ought
             to
             be
             given
             to
             such
             ;
             (
             for
             they
             may
             ignorantly
             †
             maintain
             with
             courage
             a
             bad
             cause
             :
             )
             but
             Captives
             and
             those
             that
             yield
             or
             desire
             to
             yield
             ,
             there
             is
             no
             danger
             ;
             Now
             ,
             that
             such
             may
             be
             justly
             killed
             ,
             there
             must
             be
             some
             antecedent
             crime
             ,
             and
             that
             such
             a
             one
             as
             an
             equall
             Judge
             ,
             would
             think
             worthy
             of
             death
             ;
             and
             so
             we
             see
             great
             severity
             shew'd
             to
             the
             Captives
             and
             those
             that
             have
             yielded
             ;
             
             or
             ,
             their
             yielding
             on
             condition
             of
             life
             not
             accepted
             
             if
             after
             they
             were
             convinced
             of
             theinjustice
             of
             the
             War
             ,
             they
             had
             nevertheless
             persisted
             with
             hatred
             or
             cruelty
             ,
             if
             they
             had
             blotted
             their
             Enemies
             Name
             with
             unsufferable
             disgraces
             ,
             if
             they
             had
             violated
             their
             Faith
             or
             any
             Right
             of
             Nations
             ;
             as
             of
             Ambassadors
             ,
             if
             they
             were
             fugitives
             :
             But
             the
             Law
             of
             Nature
             admits
             not
             talliation
             ,
             *
             except
             against
             the
             very
             individuall
             Person
             that
             hath
             offended
             ;
             nor
             doth
             it
             suffice
             that
             the
             Enemies
             are
             by
             a
             fiction
             conceived
             to
             be
             as
             it
             were
             one
             Body
             ;
             though
             otherwise
             by
             the
             Laws
             of
             Nations
             ,
             and
             by
             the
             Laws
             of
             Arms
             ,
             and
             at
             this
             day
             practised
             ,
             in
             all
             Fights
             ,
             the
             small
             Frigots
             ,
             Ketches
             and
             Smacks
             ,
             are
             to
             observe
             and
             take
             notice
             of
             the
             Enemies
             Fire-Ships
             ,
             and
             to
             Watch
             their
             motion
             ,
             and
             to
             do
             their
             best
             ,
             to
             cut
             off
             their
             Boats
             ,
             and
             generally
             the
             Persons
             found
             in
             them
             are
             to
             be
             put
             to
             death
             ,
             if
             taken
             ,
             and
             the
             Vessel
             if
             not
             taken
             ,
             distroy'd
             ;
             and
             the
             reason
             why
             the
             extreamity
             of
             War
             is
             used
             to
             such
             ,
             is
             that
             by
             how
             much
             the
             mischief
             is
             the
             greater
             by
             the
             act
             of
             such
             Men
             if
             executed
             ,
             by
             so
             much
             the
             punishment
             is
             aggrivated
             if
             taken
             ,
             and
             quarter
             deny●…d
             them
             by
             Law
             of
             War.
             
          
           
             XIII
             .
             Every
             Captain
             or
             Commander
             upon
             signall
             †
             or
             order
             of
             Battle
             ,
             or
             view
             ,
             or
             sight
             of
             any
             Ships
             of
             the
             Enemy
             ,
             Pyrat
             ,
             or
             Rebell
             ,
             or
             likelyhood
             of
             engagement
             ,
             they
             are
             to
             put
             all
             things
             in
             the
             Ship
             in
             fit
             posture
             for
             a
             Fight
             ,
             as
             the
             breaking
             down
             the
             Cabins
             ,
             clearing
             of
             the
             Ships
             of
             all
             things
             that
             may
             impede
             the
             Souldiers
             ,
             in
             the
             preserving
             the
             Ship
             and
             themselves
             ,
             and
             endamaging
             the
             Enemy
             ;
             and
             every
             such
             Commander
             or
             Captain
             
             are
             in
             their
             own
             Person
             ,
             and
             according
             to
             their
             Place
             ,
             to
             hearten
             and
             encourage
             the
             inferiour
             Officers
             and
             common
             Men
             to
             fight
             valiantly
             and
             couragiously
             ,
             and
             not
             to
             behave
             themselves
             faintly
             ,
             under
             the
             disgrace
             of
             being
             casheered
             ,
             and
             if
             he
             or
             they
             yield
             to
             the
             Enemy
             ,
             Pyrat
             or
             Rebell
             ,
             or
             cry
             for
             quarter
             ,
             he
             or
             they
             so
             doing
             ,
             shall
             suffer
             the
             pains
             of
             death
             ,
             or
             such
             other
             punishment
             as
             the
             offence
             shall
             deserve
             .
             Now
             ,
             though
             Souldiers
             or
             Mariners
             having
             oblidged
             themselves
             faithfully
             to
             serve
             in
             the
             Expedition
             or
             Navy
             ;
             yet
             that
             is
             to
             be
             understood
             no
             further
             then
             his
             or
             their
             power
             to
             do
             his
             utmost
             in
             his
             or
             their
             Quality
             ,
             for
             though
             the
             obligation
             for
             the
             Service
             be
             taken
             in
             the
             strickest
             tearms
             of
             undergoing
             death
             and
             danger
             ,
             yet
             it
             is
             to
             be
             understood
             alwaies
             conditionally
             as
             most
             promises
             are
             ,
             viz.
             if
             the
             action
             or
             passion
             may
             be
             for
             that
             Fleet
             or
             Princes
             advantage
             ;
             and
             therefore
             if
             the
             Fleet
             of
             Squadron
             is
             beaten
             ,
             and
             the
             Ships
             are
             diasabled
             ,
             and
             left
             scarce
             without
             any
             to
             defend
             them
             ,
             now
             the
             Souldiers
             or
             Mariners
             remaining
             can
             do
             no
             more
             for
             their
             Prince
             then
             die
             ,
             which
             indeed
             is
             to
             do
             nothing
             at
             all
             ,
             but
             to
             cease
             for
             ever
             from
             doing
             any
             thing
             either
             for
             him
             or
             themselves
             ,
             in
             those
             Streights
             ;
             therefore
             it
             is
             not
             repugnant
             to
             their
             Oath
             called
             Sacramentum
             
             Militare
             ,
             to
             ask
             quarter
             or
             strike
             ,
             and
             having
             begg'd
             a
             new
             Life
             and
             taken
             it
             ,
             they
             are
             bound
             in
             a
             new
             and
             just
             obligation
             of
             Fidelity
             to
             those
             to
             whom
             they
             were
             bound
             to
             kill
             few
             hours
             before
             ;
             neither
             can
             the
             Prince
             or
             Generall
             expect
             by
             virtue
             of
             their
             former
             obligation
             to
             him
             ,
             they
             should
             kill
             any
             in
             the
             place
             where
             the
             quarter
             was
             given
             :
             however
             ,
             this
             Fidelity
             hath
             not
             its
             inception
             ,
             from
             the
             time
             of
             taking
             quarter
             ;
             but
             when
             the
             Battle
             is
             over
             ,
             and
             that
             time
             which
             is
             termed
             cold
             blood
             ;
             for
             without
             all
             controversy
             ,
             if
             a
             Ship
             be
             boarded
             ,
             and
             the
             Quarter
             is
             given
             ,
             yet
             if
             while
             the
             Fight
             lasts
             ,
             the
             Persons
             captives
             can
             by
             any
             possibility
             recover
             their
             liberty
             and
             Ships
             ,
             they
             may
             by
             the
             
               Law
               of
               Arms
            
             justly
             acquire
             the
             same
             .
          
           
             And
             since
             impunity
             is
             granted
             to
             such
             unfortunate
             desertors
             ,
             yet
             it
             must
             be
             apparently
             evident
             and
             fully
             proved
             ,
             that
             they
             were
             reduced
             into
             a
             condition
             beyond
             all
             hope
             in
             the
             Battle
             :
             and
             therefore
             the
             feet
             that
             forsook
             
             the
             
               Unfortunate
               Pompey
            
             before
             the
             field
             was
             lost
             ,
             were
             justly
             condemned
             for
             the
             breach
             of
             the
             Roman
             discipline
             and
             Law
             of
             Armes
             :
             and
             therefore
             the
             Article
             hath
             not
             positively
             declared
             death
             only
             ,
             but
             added
             ,
             or
             such
             other
             punishment
             as
             the
             offence
             shall
             deserve
             ,
             which
             provision
             leaves
             the
             Action
             to
             be
             judged
             and
             punished
             by
             a
             
               Councel
               of
               War
            
             ,
             who
             know
             best
             what
             's
             to
             be
             done
             in
             cases
             of
             that
             nature
             ;
             however
             ,
             a
             base
             or
             cowardly
             yielding
             ;
             or
             crying
             quarter
             ,
             is
             to
             be
             punished
             with
             death
             ,
             and
             that
             without
             mercy
             .
          
           
             XIV
             .
             The
             obeying
             of
             Orders
             hath
             in
             all
             Ages
             been
             in
             mighty
             esteem
             :
             Chrysantus
             ,
             one
             of
             
             Cyrus's
             Souldiers
             ,
             
             being
             upon
             his
             Enemy
             ,
             withdrew
             his
             sword
             ,
             hearing
             a
             retreat
             sounded
             ;
             but
             this
             comes
             not
             from
             the
             external
             
               Laws
               of
               Nations
            
             ;
             for
             as
             it
             is
             lawfull
             to
             seize
             on
             the
             Enemie's
             
             Goods
             ,
             so
             likewise
             to
             kill
             the
             Enemy
             ,
             for
             by
             that
             Law
             the
             Enemies
             are
             of
             no
             account
             ;
             but
             such
             obedience
             proceeds
             from
             the
             
               Military
               discipline
            
             of
             several
             Nations
             :
             by
             the
             Romans
             ,
             it
             was
             a
             Law
             †
             noted
             by
             Modestinus
             ,
             that
             whosoever
             obey'd
             not
             his
             Orders
             ,
             should
             be
             punisht
             with
             death
             ,
             though
             the
             matter
             succedded
             well
             ;
             now
             he
             also
             was
             supposed
             not
             to
             have
             obey'd
             ,
             *
             who
             out
             of
             Order
             without
             the
             Command
             of
             the
             General
             entered
             into
             any
             Fight
             .
          
           
             For
             if
             such
             liberty
             were
             lawfull
             either
             Stations
             would
             be
             deserted
             ,
             or
             (
             licence
             proceeding
             )
             the
             Army
             ,
             Fleet
             ,
             or
             Squadron
             would
             be
             engag'd
             in
             unadvised
             Battles
             ,
             which
             
             by
             all
             means
             is
             to
             be
             avoyded
             .
             M.
             Capello
             ,
             a
             Venetian
             Gentleman
             of
             an
             antient
             Extraction
             ,
             having
             the
             Charge
             of
             the
             
               Guarding
               the
               Venetian
               Gulph
            
             ,
             *
             met
             with
             the
             
               Barbary
               Fleet
            
             ,
             whom
             he
             so
             assaulted
             ,
             that
             he
             burnt
             and
             took
             divers
             of
             them
             ;
             among
             the
             rest
             the
             
               Admirall
               Galley
               of
               Algier
            
             ,
             (
             a
             Vessel
             of
             vast
             higness
             )
             which
             he
             brought
             with
             him
             away
             ,
             and
             she
             remains
             at
             this
             day
             a
             Trophy
             in
             the
             
               Arsenall
               of
               Venice
            
             ;
             the
             service
             although
             Noble
             and
             Honourable
             ,
             and
             such
             as
             brought
             renown
             to
             the
             Reipublique
             ,
             yet
             in
             regard
             it
             was
             an
             Action
             exceeding
             his
             Commission
             ,
             
             he
             was
             adjudged
             to
             punishment
             :
             (
             but
             his
             great
             Merit
             and
             Alliance
             ,
             preserved
             his
             Life
             )
             such
             an
             exact
             obedience
             that
             Seignory
             expects
             to
             be
             pay'd
             to
             her
             Orders
             ,
             be
             the
             success
             never
             so
             Glorious
             :
             And
             by
             the
             eleventh
             Article
             ,
             every
             
               Captain
               ,
               Commander
            
             ,
             and
             other
             
               Officer
               ,
               Seaman
            
             or
             Souldier
             of
             any
             Ship
             ,
             Frigot
             or
             Vessel
             of
             War
             ,
             they
             are
             duely
             to
             observe
             the
             Commands
             of
             the
             Admirall
             or
             other
             his
             Superior
             ,
             or
             Commander
             of
             any
             Squadron
             ,
             as
             well
             for
             
             the
             assaulting
             ,
             and
             setting
             upon
             any
             Fleet
             ,
             Squadron
             ,
             or
             Ships
             of
             the
             Enemy
             ,
             Pyrat
             or
             Rebells
             ,
             or
             joyning
             Battle
             with
             them
             ,
             or
             making
             defence
             against
             them
             ,
             as
             all
             other
             the
             Commands
             of
             the
             Admirall
             ,
             or
             other
             his
             Superior
             Commander
             ,
             the
             disobeying
             of
             which
             subjects
             them
             to
             the
             pains
             of
             death
             ,
             or
             such
             other
             punishment
             ,
             as
             the
             quality
             or
             neglect
             of
             his
             offence
             shall
             deserve
             .
          
           
             XV.
             Again
             ,
             every
             Captain
             and
             all
             other
             
               Officers
               ,
               Mariners
            
             and
             Souldiers
             of
             every
             Ship
             ,
             Frigot
             ,
             or
             Vessel
             of
             War
             ,
             shall
             not
             in
             time
             of
             any
             Fight
             or
             Engagement
             ,
             withdraw
             or
             keep
             back
             ;
             but
             on
             the
             other
             hand
             ,
             they
             are
             to
             come
             into
             the
             Battle
             ,
             and
             engage
             ,
             and
             do
             their
             utmost
             
             endeavour
             to
             take
             ,
             fire
             ,
             kill
             ,
             and
             endamage
             the
             Enemy
             ,
             Pyrat
             or
             Rebell
             ,
             and
             assist
             and
             relieve
             all
             other
             his
             Confederate
             Ships
             ;
             and
             if
             they
             shall
             prove
             cowards
             ,
             they
             are
             to
             be
             dealt
             with
             as
             cowards
             ought
             by
             the
             Law
             of
             Arms
             ,
             which
             is
             to
             suffer
             death
             :
             But
             circumstance
             of
             things
             may
             make
             alteration
             of
             matters
             ,
             therefore
             there
             is
             added
             or
             other
             punishment
             ,
             as
             the
             circumstance
             of
             the
             offence
             shall
             deserve
             ,
             or
             a
             
               Court
               Martiall
            
             think
             fit
             .
          
           
             There
             are
             some
             offices
             to
             be
             done
             ,
             even
             to
             them
             from
             whom
             you
             have
             received
             an
             injury
             ;
             for
             revenge
             and
             punishment
             
             must
             have
             a
             measure
             ;
             and
             therefore
             the
             issues
             of
             the
             
               Roman
               Wars
            
             were
             either
             milde
             or
             necessary
             ;
             now
             when
             killing
             is
             just
             in
             a
             just
             War
             ,
             according
             to
             internal
             justice
             may
             be
             known
             by
             the
             examining
             the
             causes
             or
             end
             of
             the
             War
             ,
             which
             may
             be
             for
             the
             conservation
             of
             Life
             and
             Members
             ,
             
             and
             the
             keeping
             and
             acquiring
             of
             things
             usefull
             unto
             Life
             ;
             now
             in
             the
             assaulting
             of
             Ships
             ,
             it
             happens
             that
             one
             is
             slain
             on
             purpose
             or
             without
             purpose
             ;
             on
             purpose
             no
             Man
             can
             be
             slain
             justly
             ,
             unless
             either
             for
             just
             punishment
             ,
             as
             without
             it
             we
             cannot
             protect
             and
             defend
             our
             Life
             ,
             our
             Goods
             ,
             our
             Countrey
             ,
             &c.
             
             
             That
             such
             punishment
             may
             be
             just
             ,
             it
             is
             necessary
             ,
             that
             he
             who
             is
             slain
             ,
             have
             offended
             ,
             and
             that
             so
             much
             as
             may
             be
             avenged
             with
             the
             punishment
             of
             death
             in
             the
             Sentence
             
             of
             an
             equall
             Judge
             ,
             be
             expected
             :
             now
             we
             must
             note
             between
             full
             injury
             and
             meer
             misfortune
             of●…en
             intercedes
             some
             mean
             ,
             which
             is
             as
             't
             were
             composed
             of
             both
             ;
             so
             that
             it
             can
             neither
             be
             called
             the
             act
             of
             one
             knowing
             and
             willing
             ,
             nor
             meerly
             the
             act
             of
             one
             ignorant
             or
             unwilling
             .
          
           
             This
             distinction
             by
             Themistius
             ,
             is
             fully
             illustrated
             ;
             
               You
               have
               made
               a
               difference
               'twixt
               an
               injury
               ,
               a
               fault
               ,
               and
               a
               misfortune
               ;
               although
               you
               neither
               study
            
             Plato
             ,
             
               nor
               read
            
             Aristotle
             ,
             
               yet
               you
               put
               their
               Doctrine
               into
               practise
               ;
               for
               you
               have
               not
               thought
               them
               worthy
               of
               equall
               punishment
               ,
               who
               from
               the
               beginning
               perswaded
               the
               War
               ,
               and
               who
               afterward
               were
               carryed
               with
               the
               stream
               ,
               and
               who
               at
               last
               submitted
               to
               him
               ,
               that
               now
               seem'd
               to
               have
               the
               highest
               power
               ;
               the
               first
               you
               condemned
               ,
               the
               next
               you
               chastised
               ,
               the
               last
               you
               pitty'd
               :
            
             Mos●…
             certain
             to
             spare
             Captives
             or
             Prisoners
             of
             War
             ,
             is
             a
             command
             
             of
             goodness
             and
             equity
             ;
             and
             in
             Histories
             they
             are
             often
             commended
             ;
             who
             when
             too
             great
             a
             number
             prove
             burdensom
             or
             dangerous
             ,
             chose
             rather
             to
             let
             them
             all
             go
             then
             to
             slay
             them
             ,
             or
             detain
             them
             ,
             though
             for
             Ransoms
             ;
             as
             the
             last
             Flemish
             Wars
             with
             England
             ,
             so
             for
             the
             same
             causes
             ,
             they
             that
             strike
             or
             yield
             up
             themselves
             are
             not
             to
             be
             slain
             ,
             (
             though
             there
             is
             no
             provision
             made
             by
             Covenant
             .
             )
             In
             Towns
             besieg'd
             it
             was
             observed
             by
             
             the
             Romans
             ,
             before
             the
             Ram
             had
             smitten
             the
             Wall
             ,
             Caesar
             *
             denounceth
             to
             the
             Advatici
             ,
             he
             would
             save
             their
             City
             ,
             if
             before
             the
             Ram
             had
             touched
             the
             Wall
             ,
             they
             yielded
             ;
             which
             is
             still
             in
             use
             in
             weak
             Places
             ,
             before
             the
             great
             Guns
             are
             fired
             ;
             in
             strong
             Places
             before
             an
             Assault
             is
             made
             upon
             the
             Walls
             ;
             †
             and
             at
             Sea
             ,
             by
             firing
             1
             or
             2
             Guns
             ,
             or
             hanging
             out
             the
             bloody
             Flagg
             ,
             according
             as
             the
             instructions
             are
             ,
             however
             ,
             till
             there
             be
             an
             absolute
             yielding
             or
             quarter
             cry'd
             by
             the
             
               Law
               of
               Armes
            
             ,
             as
             well
             as
             by
             the
             above
             mentioned
             Article
             ,
             every
             Commander
             and
             Souldier
             is
             to
             do
             his
             utmost
             ,
             to
             take
             ,
             fire
             ,
             kill
             and
             endamage
             the
             Enemy
             ,
             or
             whatsoeuer
             may
             tend
             thereunto
             .
          
           
             XVI
             .
             By
             the
             
               Law
               of
               Arms
            
             ,
             he
             deserves
             punishment
             who
             doth
             not
             keep
             off
             force
             that
             is
             offered
             to
             his
             fellow
             
             Souldier
             ;
             and
             though
             it
             hath
             been
             conceived
             ,
             that
             if
             there
             be
             manifest
             danger
             ,
             that
             he
             is
             not
             bound
             to
             come
             into
             his
             relief
             :
             for
             such
             Commanders
             may
             prefer
             the
             lives
             in
             his
             own
             Ship
             ,
             before
             those
             in
             another
             ;
             yet
             that
             suffices
             not
             for
             every
             Souldier
             by
             the
             Law
             of
             Arms
             ,
             is
             not
             only
             bound
             to
             defend
             ,
             but
             likewise
             to
             assist
             and
             relieve
             his
             Companion
             :
             now
             Companions
             are
             in
             two
             respects
             ,
             either
             those
             that
             are
             in
             actual
             service
             with
             such
             Souldiers
             ,
             or
             those
             that
             are
             not
             ,
             but
             only
             committed
             to
             their
             protection
             or
             Convoy
             ,
             which
             are
             to
             be
             defended
             and
             guarded
             at
             the
             same
             peril
             and
             charge
             that
             a
             fellow
             
             Souldier
             is
             ;
             and
             therefore
             all
             Ships
             that
             are
             committed
             to
             Convoy
             and
             Guard
             ,
             they
             are
             diligently
             and
             carefully
             to
             be
             attended
             upon
             without
             delay
             ,
             according
             to
             their
             Instructions
             ,
             in
             that
             behalf
             :
             And
             whosoever
             shall
             be
             faulty
             therein
             ,
             and
             shall
             not
             faithfully
             perform
             the
             same
             ,
             and
             defend
             the
             Ships
             and
             Goods
             in
             their
             Convoy
             without
             either
             diverting
             to
             other
             parts
             or
             occasions
             ,
             or
             refusing
             or
             neglecting
             to
             fight
             in
             their
             defence
             ,
             if
             they
             be
             set
             upon
             or
             assailed
             ,
             or
             running
             away
             cowardly
             ,
             and
             submitting
             those
             in
             their
             Convoy
             to
             hazard
             and
             peril
             ,
             or
             shall
             demand
             or
             exact
             any
             Money
             or
             other
             reward
             From
             any
             Merchant
             or
             Master
             ,
             for
             conveying
             of
             any
             such
             Ships
             or
             other
             Vessells
             belonging
             to
             
               His
               Majesty's
            
             Subjects
             ,
             shall
             be
             condemned
             to
             make
             reparation
             of
             the
             damage
             to
             the
             Merchants
             ,
             owners
             ,
             or
             others
             ,
             as
             the
             
               Court
               of
               Admiralty
            
             shall
             adjuge
             ,
             and
             also
             be
             punished
             criminally
             according
             to
             the
             quality
             of
             their
             offences
             ,
             be
             it
             by
             pains
             of
             death
             or
             other
             punishment
             ,
             according
             as
             shall
             be
             adjudged
             fit
             by
             that
             
               Court
               Martiall
            
             :
             Now
             ,
             those
             Ships
             that
             are
             not
             under
             Convoy
             but
             ingaged
             in
             fight
             ,
             are
             faithfully
             to
             be
             relieved
             ;
             and
             therefore
             if
             a
             Squadron
             shall
             happen
             to
             be
             over-charged
             and
             distressed
             ,
             the
             next
             Squadron
             or
             Ships
             are
             to
             make
             towards
             their
             relief
             and
             assistance
             upon
             a
             signal
             given
             them
             ;
             which
             is
             generally
             given
             in
             the
             Admiralls
             Squadron
             by
             a
             Pendant
             on
             the
             fore-top-Mast
             head
             of
             any
             Flagg-Ship
             in
             the
             Vice-Admiralls
             Squadron
             ,
             or
             he
             that
             commands
             in
             chief
             in
             the
             second
             place
             ,
             a
             Pendant
             on
             the
             main
             top-Mast
             head
             ,
             and
             the
             Reer-Admiralls
             Squadron
             the
             like
             :
             but
             these
             signalls
             sometimes
             change
             ,
             according
             to
             the
             wisedom
             and
             
             resolution
             of
             the
             Admirall
             .
             Again
             ,
             Ships
             that
             are
             disabled
             by
             loss
             of
             Masts
             ,
             shot
             under
             Water
             ,
             or
             the
             like
             ;
             so
             as
             they
             be
             in
             danger
             of
             sinking
             or
             taking
             ,
             the
             distressed
             Ships
             generally
             make
             a
             sign
             by
             waft
             of
             their
             Jack
             and
             Ensigns
             ,
             and
             those
             next
             to
             them
             are
             bound
             to
             their
             relief
             ;
             but
             yet
             this
             does
             not
             alwaies
             hold
             place
             ,
             for
             if
             the
             distressed
             Ship
             is
             not
             in
             probability
             of
             sinking
             ,
             or
             otherwise
             encompassed
             with
             the
             Enemy
             ,
             the
             releiver
             is
             not
             to
             stay
             under
             pretence
             of
             securing
             them
             ,
             but
             ought
             to
             follow
             his
             leader
             and
             the
             Battle
             ,
             leaving
             such
             lame
             Ships
             to
             the
             Stern
             most
             of
             the
             Fleet
             ;
             it
             being
             an
             undoubted
             Maxime
             ,
             
               That
               nothing
               but
               beating
               the
               Body
               of
               the
               Enemy
               can
               effectually
               secure
               such
               disabled
               Ships
               .
            
          
           
             XVII
             .
             It
             is
             not
             enough
             that
             Men
             behave
             themselves
             valiantly
             in
             the
             beating
             of
             an
             Enemy
             ,
             for
             that
             is
             not
             all
             ,
             but
             the
             reducing
             of
             him
             into
             a
             condition
             to
             render
             right
             either
             for
             damage
             done
             ,
             or
             to
             render
             that
             which
             is
             right
             ;
             which
             cannot
             well
             be
             done
             without
             bringing
             
             him
             to
             exigences
             and
             streights
             ;
             and
             therefore
             if
             the
             Enemy
             ,
             Pyrat
             ,
             or
             Rebell
             be
             beaten
             ,
             none
             ,
             neither
             through
             
             cowardize
             ,
             negligence
             ,
             or
             dissaffection
             ,
             ought
             to
             forbear
             the
             pursuit
             ,
             and
             those
             of
             them
             flying
             ,
             nor
             ought
             such
             either
             through
             cowardize
             ,
             negligence
             or
             disaffection
             ,
             forbear
             the
             assisting
             of
             a
             known
             friend
             in
             view
             ,
             to
             their
             utmost
             power
             ,
             the
             breach
             of
             which
             ,
             subjects
             the
             offenders
             to
             the
             pains
             of
             death
             ,
             or
             at
             least
             such
             punishment
             as
             a
             
               Court
               Marshall
            
             shall
             think
             fit
             .
          
           
             Empires
             are
             got
             by
             Arms
             ,
             and
             propagated
             by
             victory
             ;
             and
             by
             the
             
               Laws
               of
               War
            
             ,
             they
             that
             have
             overcome
             ,
             should
             govern
             those
             they
             have
             subdued
             :
             Hence
             it
             is
             that
             Generalls
             having
             compleated
             a
             Conquest
             in
             a
             just
             War
             ,
             and
             in
             chase
             or
             otherwise
             have
             taken
             the
             Ships
             or
             Goods
             of
             the
             Enemy
             ,
             have
             absolute
             power
             over
             the
             Lives
             ,
             Estates
             ,
             Ships
             and
             things
             that
             they
             by
             force
             of
             Arms
             hath
             acquired
             ,
             by
             the
             
               Laws
               of
               Nations
            
             .
          
           
             But
             yet
             in
             such
             Conquests
             where
             the
             reeking
             sword
             knows
             no
             Law
             ,
             that
             is
             they
             are
             done
             impune
             ,
             without
             punishment
             ,
             because
             co-active
             Judges
             do
             grant
             them
             their
             authority
             ;
             †
             but
             yet
             such
             power
             may
             be
             exorbitant
             ,
             from
             that
             rule
             of
             right
             called
             Virtue
             ;
             and
             therefore
             by
             the
             
               Law
               of
               War
            
             Captives
             may
             be
             slain
             ,
             yet
             what
             Law
             forbids
             
             not
             ,
             modesty
             prohibits
             to
             be
             done
             .
             Hence
             it
             is
             that
             Generals
             do
             often
             restrain
             that
             power
             of
             killing
             ;
             for
             though
             such
             Prisoners
             of
             War
             do
             fight
             for
             the
             maintenance
             of
             an
             unjust
             cause
             ,
             and
             although
             the
             War
             is
             begun
             by
             a
             solemn
             manner
             ;
             yet
             all
             acts
             that
             have
             their
             rise
             from
             thence
             ,
             are
             unjust
             by
             internal
             injustice
             ;
             so
             that
             they
             who
             knowingly
             do
             persist
             in
             fighting
             ,
             †
             yet
             ought
             they
             not
             alwaies
             to
             be
             slain
             ,
             according
             to
             that
             of
             
               Seneca
               ;
               Cruel
               are
               they
            
             ,
             saies
             he
             *
             ,
             
               that
               have
               cause
               of
               punishment
               ,
               but
               have
               no
               measure
               :
            
             For
             he
             that
             in
             punishing
             goes
             further
             then
             is
             meet
             ,
             is
             the
             second
             author
             of
             injury
             ;
             and
             the
             principal
             reason
             why
             mercy
             is
             often
             shew'd
             ,
             is
             ,
             for
             that
             Souldiers
             of
             fortune
             offend
             not
             out
             of
             any
             hatred
             or
             cruelty
             ,
             but
             out
             of
             duty
             .
          
           
             XVIII
             .
             Again
             ,
             Generals
             in
             the
             measure
             of
             killing
             ,
             look
             no
             further
             commonly
             then
             the
             distruction
             of
             those
             who
             by
             force
             of
             Arms
             oppose
             them
             ,
             and
             though
             Ships
             or
             Cities
             are
             taken
             by
             assault
             ,
             the
             which
             by
             the
             Laws
             of
             War
             subjects
             every
             individual
             to
             the
             mercy
             of
             the
             Conqueror
             ;
             yet
             Children
             ,
             Women
             ,
             Old
             Men
             ,
             Priests
             ,
             Schollars
             and
             Husband-Men
             are
             to
             be
             spaired
             ;
             the
             first
             by
             the
             
             Law
             of
             Nature
             ,
             according
             that
             of
             
               Camillus
               ,
               We
               have
               Armes
            
             ,
             saies
             he
             ,
             
               not
               against
               that
               age
               which
               even
               in
               taking
               Cities
               is
               spaired
               ,
               but
               again●…t
               armed
               Men
               ,
            
             and
             this
             is
             the
             Law
             of
             Arms
             amongst
             good
             Men
             ;
             by
             which
             we
             are
             to
             note
             that
             by
             the
             words
             
               good
               Men
            
             ,
             as
             is
             observed
             ,
             †
             to
             mean
             the
             Law
             of
             Nature
             for
             strictly
             by
             the
             Law
             of
             Armes
             ,
             the
             slayers
             of
             them
             are
             without
             punishment
             .
          
           
             Now
             ,
             that
             which
             hath
             place
             in
             Children
             alwaies
             that
             have
             not
             attained
             the
             use
             of
             Reason
             ,
             for
             the
             most
             part
             prevails
             with
             Women
             ;
             that
             is
             unless
             they
             have
             committed
             something
             peculiarly
             to
             be
             avenged
             ,
             or
             do
             usurp
             Manly
             Offices
             ,
             as
             flinging
             of
             stones
             from
             the
             Walls
             *
             pouring
             down
             burning
             pitch
             ,
             and
             brim-stone
             ,
             and
             the
             like
             be-tuminous
             stuff
             ,
             firing
             of
             Guns
             and
             the
             like
             ,
             for
             it
             is
             a
             Sex
             that
             hath
             nothing
             to
             do
             with
             the
             Sword
             ,
             that
             are
             capable
             of
             that
             clemency
             .
          
           
             The
             like
             for
             old
             Men
             ,
             whom
             Papinius
             observes
             ,
             are
             not
             
             to
             be
             slain
             ;
             so
             for
             Ministers
             of
             Sacred
             things
             ,
             even
             Barbarous
             Nations
             ,
             have
             had
             them
             in
             reverence
             and
             preservation
             ;
             as
             the
             Philistins
             enemies
             of
             the
             Jews
             ,
             did
             to
             the
             
             
             
             
             
             
               Colledge
               of
               Prophets
            
             ,
             whom
             they
             did
             no
             harm
             ,
             and
             with
             
             those
             Priests
             are
             justly
             equalled
             in
             this
             respect
             ,
             they
             that
             have
             chosen
             a
             like
             kind
             of
             life
             as
             Monks
             and
             Penitents
             ,
             
             whom
             therefore
             as
             well
             as
             Priests
             ,
             the
             Canons
             following
             in
             naturall
             equity
             ,
             will
             have
             spared
             ,
             *
             to
             these
             are
             deservedly
             added
             those
             that
             give
             themselves
             to
             the
             Study
             of
             good
             Learning
             and
             Sciences
             useful
             to
             Mankind
             ,
             be
             it
             
             in
             Universities
             ,
             or
             other
             publique
             Schools
             or
             Colledges
             .
          
           
             To
             these
             are
             added
             Tradesmen
             ,
             †
             so
             likewise
             Merchants
             ,
             
             which
             is
             not
             only
             to
             be
             understood
             of
             them
             that
             stay
             for
             a
             time
             in
             the
             Enemies
             Quarters
             but
             of
             perpetual
             Subjects
             ,
             for
             their
             life
             hath
             nothing
             to
             do
             with
             Arms
             ,
             and
             under
             that
             name
             are
             also
             contained
             other
             Work-Men
             and
             Artificers
             ,
             whose
             gain
             loves
             not
             War
             ,
             but
             Peace
             .
          
           
             Again
             ,
             Captives
             and
             they
             that
             yield
             ,
             are
             not
             to
             be
             slain
             ,
             for
             to
             spare
             such
             
               is
               a
               Command
               of
               goodness
               and
               equity
               ,
            
             sayeth
             Seneca
             ;
             *
             nor
             are
             Hostages
             to
             be
             destroy'd
             ,
             according
             to
             that
             of
             Scipio
             ;
             who
             said
             ,
             He
             would
             not
             shew
             his
             displeasure
             on
             harmless
             Hostages
             ,
             †
             but
             upon
             those
             that
             had
             revolted
             ,
             and
             that
             he
             would
             not
             take
             revenge
             of
             the
             unarmed
             ,
             but
             the
             armed
             Enemy
             :
             't
             is
             very
             true
             ,
             by
             the
             Law
             of
             Arms
             ,
             if
             the
             Contract
             be
             broke
             for
             which
             they
             became
             Hostage
             ,
             they
             may
             be
             slain
             ,
             that
             is
             ,
             the
             slayer
             is
             without
             punishment
             :
             but
             yet
             some
             *
             conceive
             the
             slayer
             is
             not
             without
             sin
             ,
             for
             that
             no
             such
             Contract
             can
             take
             away
             any
             Man's
             life
             ,
             that
             is
             ,
             I
             suppose
             an
             Innocents
             life
             ;
             but
             without
             controversie
             ,
             if
             those
             that
             become
             Hostage
             be
             or
             were
             before
             in
             the
             number
             of
             grevious
             delinquents
             ,
             or
             if
             afterwards
             he
             hath
             broken
             his
             Faith
             given
             by
             him
             in
             a
             great
             matter
             ,
             the
             punishment
             of
             such
             may
             be
             free
             from
             injury
             .
          
           
             XIX
             .
             Where
             offences
             are
             of
             that
             nature
             as
             they
             may
             seem
             worthy
             of
             death
             ,
             as
             mutiny
             ,
             and
             the
             like
             ,
             &c.
             it
             will
             be
             a
             point
             of
             mercy
             ,
             because
             of
             the
             multitude
             of
             them
             to
             remit
             extream
             right
             ,
             according
             to
             that
             of
             Seneca
             †
             ,
             
               The
               severity
               of
               a
               General
               shews
               it self
               against
               particulars
               ,
               but
               pardon
               is
               necessary
               where
               the
               whole
               Army
               is
               revolting
               ,
               what
               takes
               away
               anger
               from
               a
               wise
               Man
               ,
               the
            
             
             
               multitude
               of
               Transgressors
            
             ?
             Hence
             it
             was
             that
             casting
             of
             Lots
             †
             was
             introduced
             that
             too
             many
             might
             not
             be
             subjected
             to
             punishment
             .
          
           
             However
             ,
             all
             Nations
             have
             generally
             made
             it
             a
             standing
             Rule
             in
             the
             punishment
             of
             Mutineers
             as
             neer
             as
             possible
             ,
             to
             hunt
             out
             the
             authors
             ,
             and
             them
             make
             examples
             of
             *
             .
          
           
             And
             therefore
             by
             the
             15
             Article
             ,
             if
             any
             Man
             at
             any
             time
             when
             Service
             or
             Action
             is
             commanded
             shall
             presume
             to
             stop
             or
             put
             backwards
             or
             discourage
             the
             said
             Service
             and
             Action
             ,
             by
             pretencee
             of
             arrears
             of
             wages
             or
             upon
             any
             pretence
             of
             wages
             whatsoever
             ,
             they
             are
             to
             suffer
             death
             ;
             and
             indeed
             the
             same
             ought
             to
             be
             without
             mercy
             ,
             by
             how
             much
             the
             more
             they
             may
             raise
             a
             mutiny
             at
             a
             time
             when
             there
             is
             nothing
             expected
             but
             Action
             ,
             and
             the
             shewing
             the
             most
             obsequious
             duty
             that
             possibly
             may
             
             be
             ;
             the
             breach
             of
             which
             may
             occasion
             the
             dammage
             of
             the
             whole
             Fleet
             ,
             and
             being
             of
             such
             dangerous
             consequence
             ,
             ought
             severely
             to
             be
             punished
             :
             So
             likewise
             the
             uttering
             of
             any
             words
             of
             Sedition
             or
             Mutiny
             ,
             or
             the
             endeavouring
             to
             make
             any
             mutinous
             Assemblies
             upon
             any
             pretence
             
             whatsoever
             ,
             is
             made
             death
             :
             And
             the
             very
             concealors
             of
             any
             trayterous
             and
             mutinous
             practises
             ,
             designs
             or
             words
             ,
             or
             any
             words
             spoken
             by
             any
             to
             the
             prejudice
             of
             
               His
               Majesty
            
             or
             Government
             ,
             or
             any
             words
             ,
             practises
             ,
             or
             designs
             tending
             to
             the
             hinderance
             of
             the
             Service
             ,
             and
             shall
             not
             reveal
             them
             ,
             subject
             them
             to
             such
             pains
             and
             punishments
             as
             a
             
               Court
               Marshal
            
             shall
             think
             fit
             .
             And
             
             whereas
             in
             no
             case
             of
             the
             offences
             committed
             against
             any
             of
             the
             Articles
             for
             the
             Government
             of
             any
             of
             
               His
               Majesties
            
             Ships
             of
             War
             ,
             within
             the
             Narrow
             Seas
             ,
             wherein
             the
             pains
             of
             death
             are
             to
             be
             inflicted
             ,
             execution
             of
             such
             Sentence
             ought
             not
             to
             be
             made
             without
             leave
             of
             the
             
               Lord
               Admiral
            
             ;
             this
             of
             mutiny
             is
             totally
             excepted
             ,
             for
             such
             may
             be
             executed
             immediately
             .
             
          
           
             XX.
             It
             is
             not
             lawful
             for
             Princes
             or
             States
             to
             make
             of
             their
             Enemies
             Traytors
             ,
             or
             to
             desert
             the
             Service
             of
             their
             Prince
             ,
             or
             to
             bring
             over
             their
             Ships
             ,
             Ordinance
             ,
             Provisions
             or
             Arms
             ;
             for
             as
             it
             is
             not
             lawful
             for
             any
             Subject
             
             to
             do
             the
             same
             ,
             so
             likewise
             to
             tempt
             him
             ;
             for
             he
             that
             gives
             a
             cause
             of
             sinning
             to
             another
             ,
             sins
             also
             himself
             ;
             
             but
             if
             a
             Man
             will
             voluntarily
             without
             any
             other
             impulse
             ,
             then
             his
             own
             ,
             bring
             over
             the
             Ships
             or
             Armies
             ,
             or
             deserts
             the
             Service
             of
             his
             Prince
             ,
             to
             serve
             another
             ;
             this
             ,
             though
             a
             fault
             in
             the
             desertor
             ,
             is
             not
             in
             the
             reciever
             .
             
               We
               recieve
               a
               fugitive
               by
               the
               Law
               of
               War
               ,
            
             (
             saith
             Celsus
             *
             )
             
               that
               is
               ,
               it
               is
               not
               against
               the
               Law
               of
               War
               to
               admit
               him
               who
               having
               deserted
               his
               Princes
               part
               ,
               elected
               his
               Enenemies
            
             ;
             nor
             are
             such
             to
             be
             rendred
             ,
             except
             it
             shall
             be
             agreed
             ,
             as
             in
             the
             Peace
             of
             Lewis
             the
             11th
             .
             *
             However
             such
             sort
             of
             gamsters
             ,
             if
             caught
             ,
             are
             to
             be
             severely
             punished
             ;
             and
             therefore
             it
             is
             provided
             ,
             that
             if
             any
             Sea
             Captain
             ,
             Officer
             ,
             or
             Sea-Man
             that
             shall
             betray
             his
             trust
             ,
             or
             turn
             to
             the
             Enemy
             ,
             Pyrat
             or
             Rebel
             ,
             or
             run
             away
             with
             their
             Ship
             or
             Ordinance
             ,
             Ammunition
             or
             Provision
             ,
             to
             the
             weakning
             of
             the
             Service
             ,
             or
             yield
             the
             same
             up
             to
             the
             Enemy
             ,
             Pyrat
             or
             Rebel
             ,
             shall
             be
             punished
             with
             death
             ;
             so
             likewise
             if
             
             any
             shall
             desert
             the
             Service
             or
             the
             Employment
             ,
             which
             they
             are
             in
             a
             Ship-board
             ,
             or
             shall
             run
             away
             or
             entice
             any
             other
             so
             to
             do
             ,
             they
             are
             subject
             to
             the
             like
             pain
             of
             
             death
             .
             And
             by
             the
             Law
             of
             Nations
             ,
             such
             desertors
             that
             run
             away
             from
             their
             Colours
             or
             Fleet
             before
             Peace
             proclaimed
             and
             concluded
             ,
             all
             Persons
             of
             that
             Prince
             from
             whom
             they
             fled
             ,
             have
             a
             right
             indulged
             to
             them
             to
             execute
             publique
             revenge
             .
          
           
             XXI
             .
             By
             the
             Law
             of
             Nations
             ,
             †
             Spyes
             may
             be
             sent
             to
             view
             and
             survey
             the
             Enemies
             Force
             ,
             Fleet
             ,
             station
             ,
             and
             make
             discovery
             of
             whatsoever
             may
             give
             advantage
             to
             
             the
             Persons
             sending
             ,
             as
             is
             mentioned
             above
             ;
             but
             being
             deprehended
             ,
             they
             are
             to
             be
             put
             to
             death
             :
             and
             therefore
             if
             any
             Person
             shall
             come
             from
             or
             be
             found
             in
             the
             nature
             of
             Spies
             ,
             to
             bring
             any
             seducing
             Letters
             or
             Messages
             from
             any
             Enemy
             or
             Rebel
             ,
             or
             shall
             attempt
             or
             endeavour
             to
             corrupt
             any
             Captain
             ,
             Officer
             ,
             Mariner
             ,
             or
             other
             of
             the
             Navy
             or
             Fleet
             ,
             to
             betray
             his
             or
             their
             trust
             ,
             or
             yield
             up
             any
             Ship
             or
             Ammunition
             ,
             or
             turn
             to
             the
             Enemy
             or
             Rebel
             ,
             shall
             be
             punished
             with
             death
             .
          
           
             XXII
             .
             Souldiers
             and
             Mariners
             ow
             all
             respect
             and
             duty
             to
             their
             Superior
             Officers
             ;
             and
             therefore
             when
             they
             are
             in
             anger
             ,
             they
             ought
             to
             avoyd
             them
             ;
             but
             above
             all
             not
             to
             quarrel
             with
             ,
             or
             give
             them
             any
             provoking
             language
             :
             and
             therefore
             by
             the
             Law
             of
             Arms
             ,
             a
             Souldier
             
             who
             hath
             resisted
             his
             Captain
             ,
             willing
             to
             chastise
             him
             ,
             if
             he
             hath
             laid
             hold
             on
             his
             rod
             ,
             is
             casheer'd
             ,
             if
             he
             purposely
             break
             it
             ,
             or
             laid
             violent
             hands
             upon
             his
             Captain
             ,
             he
             dyes
             :
             *
             And
             by
             the
             Laws
             of
             England
             if
             any
             Person
             shall
             presume
             to
             quarrel
             with
             his
             Superior
             Officer
             ,
             he
             shall
             suffer
             severe
             punishment
             ;
             and
             if
             he
             strikes
             him
             ,
             shall
             suffer
             death
             ,
             or
             otherwise
             as
             a
             
               Court
               Marshal
            
             shall
             adjudge
             the
             matter
             to
             deserve
             †
             .
          
           
             XXIII
             .
             And
             though
             Mariners
             and
             Souldiers
             may
             have
             just
             cause
             of
             complaint
             ,
             as
             that
             their
             victuals
             or
             provisions
             are
             not
             good
             ,
             yet
             must
             they
             not
             mutiny
             or
             rebel
             ,
             whereby
             to
             distract
             or
             confound
             the
             whole
             Crew
             ;
             but
             must
             make
             a
             civil
             and
             humble
             address
             to
             their
             Commander
             ,
             that
             the
             same
             may
             be
             amended
             ;
             and
             if
             the
             case
             be
             such
             ,
             that
             the
             Commander
             cannot
             redress
             the
             same
             ,
             by
             going
             to
             Port
             to
             supply
             the
             exigencies
             ,
             without
             detriment
             of
             the
             Fleet
             (
             as
             if
             ready
             to
             engage
             ,
             or
             the
             like
             )
             they
             must
             like
             Men
             and
             Souldiers
             bear
             with
             the
             extreamity
             ,
             considering
             that
             it
             is
             better
             that
             some
             Men
             should
             perish
             ,
             nay
             ,
             the
             whole
             Crew
             in
             one
             Ship
             ,
             then
             the
             whole
             Fleet
             ;
             nay
             ,
             perhaps
             the
             whole
             Kingdom
             be
             destroyed
             :
             
             And
             therefore
             if
             any
             in
             the
             Fleet
             find
             cause
             of
             complaint
             of
             the
             unwholsomness
             of
             his
             victuals
             ,
             or
             upon
             other
             just
             ground
             ,
             he
             shall
             quietly
             make
             the
             same
             known
             to
             his
             Superior
             ,
             or
             Captain
             ,
             or
             Commander
             in
             chief
             ,
             as
             the
             occasion
             may
             deserve
             ,
             that
             such
             present
             remedy
             may
             be
             had
             ,
             as
             the
             matter
             may
             require
             ;
             and
             the
             said
             Superior
             or
             Commander
             is
             to
             cause
             the
             same
             to
             be
             presently
             remedied
             accordingly
             ;
             but
             no
             Person
             upon
             any
             such
             or
             other
             pretence
             shall
             privately
             attempt
             to
             stir
             up
             any
             disturbance
             ,
             upon
             pain
             of
             such
             severe
             punishment
             ,
             as
             a
             
               Court
               Martial
            
             shall
             think
             fit
             to
             inflict
             .
          
           
             XXIV
             .
             And
             as
             the
             Law
             doth
             provide
             that
             there
             be
             no
             waste
             or
             spoil
             of
             the
             Kings
             provision
             ,
             or
             imbezlement
             
             of
             the
             same
             ;
             so
             likewise
             that
             care
             be
             taken
             ,
             the
             Ships
             of
             War
             neither
             through
             negligence
             or
             wilfulness
             be
             stranded
             ,
             split
             or
             hazarded
             ,
             upon
             severe
             penalties
             .
             In
             fights
             
             and
             when
             great
             Fleets
             are
             out
             ,
             there
             are
             generally
             instructions
             appointed
             for
             all
             
               Masters
               ,
               Pilots
               ,
               Ketches
               ,
               Hoyes
               ,
            
             and
             Smacks
             ,
             who
             are
             to
             attend
             the
             Fleet
             ,
             and
             to
             give
             them
             notice
             of
             the
             Roads
             ,
             Coasts
             ,
             Sands
             ,
             Rocks
             ,
             and
             
             the
             like
             ,
             and
             they
             have
             particular
             stations
             allotted
             them
             ,
             and
             orders
             given
             ,
             that
             if
             they
             shall
             find
             less
             water
             then
             such
             a
             proportion
             ,
             they
             then
             give
             a
             signall
             as
             they
             are
             directed
             to
             give
             ,
             and
             continue
             their
             signalls
             till
             they
             are
             answer'd
             from
             the
             Capitall
             Ships
             .
          
           
             But
             in
             time
             of
             Fight
             ,
             they
             generally
             lay
             away
             their
             head
             from
             the
             Fleet
             ,
             and
             keep
             their
             lead
             ,
             and
             if
             they
             meet
             with
             such
             a
             proportion
             of
             water
             as
             is
             within
             their
             directions
             ,
             they
             are
             to
             give
             such
             signal
             as
             they
             recieve
             Orders
             for
             ,
             and
             stand
             off
             from
             the
             danger
             ;
             but
             the
             wilful
             burning
             of
             any
             Ship
             or
             Magazine-store
             of
             powder
             ,
             
             Ship-boat
             ,
             Ketch
             ,
             Hoy
             or
             Vessel
             ,
             or
             Tackle
             ,
             or
             furniture
             thereunto
             belonging
             ,
             not
             appertaining
             to
             an
             Enemy
             or
             Rebel
             ,
             shall
             be
             punished
             with
             death
             .
          
           
             XXV
             .
             There
             are
             other
             faults
             often
             committed
             by
             the
             Crew
             ,
             the
             which
             the
             Law
             does
             punish
             ,
             as
             a
             quarrelling
             a
             Ship-board
             ,
             using
             provoking
             speeches
             tending
             to
             make
             quarrel
             or
             disturbance
             a
             ,
             murthers
             ,
             wilful
             killing
             of
             any
             Man
             b
             ,
             Robbery
             ,
             Theft
             c
             ,
             and
             the
             unnatural
             sin
             of
             
               Sodomy
               and
               Buggery
            
             ,
             committed
             with
             Man
             or
             Beast
             ,
             all
             which
             ,
             and
             all
             other
             faults
             and
             misdemeanors
             are
             punished
             with
             death
             ,
             or
             according
             to
             the
             Laws
             and
             Customs
             in
             such
             cases
             used
             at
             Sea
             d
             ;
             and
             when
             any
             Persons
             have
             committed
             any
             of
             the
             offences
             particularly
             mentioned
             in
             the
             
               Stat.
               of
            
             13
             Car.
             2.
             
             Cap.
             9.
             and
             contained
             in
             the
             Articles
             or
             any
             others
             ,
             and
             for
             the
             which
             they
             shall
             be
             committed
             ,
             the
             
               Provost
               Marshal
            
             is
             to
             take
             them
             into
             custody
             ,
             and
             not
             suffer
             them
             to
             escape
             e
             ,
             and
             all
             Officers
             and
             Sea-Men
             are
             to
             be
             aiding
             and
             assisting
             to
             Officers
             for
             the
             detecting
             and
             apprehending
             of
             offenders
             .
          
           
             Touching
             the
             punishments
             that
             the
             
               Roman
               Generals
            
             used
             to
             their
             Souldiers
             ,
             when
             they
             were
             at
             a
             
               Court
               Marshal
            
             found
             faulty
             ,
             they
             were
             commonly
             proportioned
             according
             to
             the
             offence
             committed
             :
             Sometimes
             they
             were
             easy
             ,
             of
             which
             sort
             were
             those
             which
             only
             brand
             the
             Souldier
             with
             disgrace
             ;
             others
             were
             those
             that
             came
             heavy
             on
             the
             Person
             or
             Body
             ;
             to
             the
             first
             belonged
             a
             shameful
             discharging
             or
             casheering
             f
             a
             Mariner
             or
             Souldier
             from
             the
             Army
             ,
             and
             generally
             lookt
             on
             as
             a
             matter
             of
             great
             disgrace
             ,
             which
             punishment
             remains
             at
             this
             day
             for
             offences
             as
             well
             in
             England
             ,
             as
             in
             most
             parts
             :
             A
             second
             
             was
             by
             stopping
             of
             their
             *
             Pay
             ,
             such
             Souldiers
             which
             suffered
             this
             kind
             of
             mulct
             ,
             were
             said
             to
             be
             
               Aere
               diruti
            
             ,
             for
             that
             
               Aes
               illud
               diruebatur
               in
               fiscum
               ,
               non
               in
               Militis
               sacculum
            
             ;
             the
             which
             is
             and
             may
             at
             this
             day
             be
             inflicted
             ,
             especially
             on
             such
             as
             shall
             wilfully
             spoil
             their
             Arms
             ,
             and
             the
             like
             sort
             of
             offences
             :
             A
             third
             was
             a
             Sentence
             enjoyn'd
             on
             a
             Souldier
             to
             resign
             †
             up
             his
             Spear
             ,
             for
             as
             those
             which
             had
             atchieved
             any
             Noble
             Act
             ,
             were
             for
             their
             greater
             Honour
             ,
             
               Hasta
               pura
               donati
            
             ,
             so
             others
             for
             their
             greater
             disgrace
             were
             inforc'd
             to
             resign
             up
             that
             Military
             Weapon
             of
             Honour
             :
             A
             fourth
             sort
             of
             punishment
             was
             ,
             that
             the
             whole
             Cohort
             ,
             which
             had
             lost
             their
             Banners
             or
             Standards
             ,
             either
             in
             the
             Fields
             or
             at
             Sea
             ,
             were
             inforc'd
             to
             eat
             nothing
             but
             Barley
             bread
             ,
             being
             deprived
             of
             their
             allowance
             in
             Wheat
             ,
             and
             every
             Centurion
             in
             that
             Cohort
             had
             his
             Souldiers
             belt
             or
             girdle
             taken
             from
             him
             ,
             which
             was
             no
             less
             disgrace
             among
             them
             then
             the
             degrading
             (
             among
             us
             )
             one
             of
             the
             
               Order
               of
               the
               Garter
            
             :
             for
             petty
             faults
             they
             generally
             made
             them
             stand
             bare-footed
             before
             the
             
             Generall
             's
             
             Pavilion
             ,
             with
             long
             poles
             of
             10
             foot
             in
             length
             in
             their
             hands
             ,
             and
             sometimes
             in
             the
             sight
             of
             the
             other
             Souldiers
             to
             walk
             up
             and
             down
             with
             turfes
             on
             their
             necks
             ,
             sometimes
             carrying
             a
             beam
             like
             a
             fork
             upon
             their
             shoulders
             round
             the
             Town
             ;
             the
             last
             of
             their
             punishments
             ,
             was
             ,
             the
             opening
             of
             a
             Vein
             or
             letting
             them
             blood
             in
             one
             of
             their
             arms
             ,
             which
             generally
             was
             inflicted
             on
             them
             who
             were
             too
             hot
             and
             bold
             .
          
           
             The
             great
             Judgments
             were
             to
             be
             beaten
             with
             rods
             ,
             which
             was
             generally
             inflicted
             on
             those
             who
             had
             not
             discharged
             their
             Office
             ,
             in
             the
             sending
             about
             that
             Table
             called
             Tessera
             ,
             wherein
             the
             Watch-word
             was
             written
             ,
             or
             those
             who
             had
             itoln
             any
             thing
             from
             the
             Camp
             ,
             or
             that
             had
             forsaken
             to
             keep
             Watch
             ,
             or
             those
             that
             had
             born
             any
             false
             witness
             against
             their
             Fellows
             ,
             or
             had
             abused
             their
             Bodies
             by
             Women
             ,
             or
             those
             that
             had
             been
             punished
             thrice
             
             for
             the
             same
             fault
             ,
             sometimes
             they
             were
             sold
             for
             bond-Slaves
             ,
             beheaded
             and
             hang'd
             :
             But
             the
             last
             which
             was
             in
             their
             mutinies
             ,
             the
             punishment
             fell
             either
             to
             Lots
             ,
             as
             the
             tenth
             ,
             twentieth
             ,
             and
             sometimes
             the
             hundredth
             Man
             ,
             who
             were
             punished
             with
             Cudgelling
             ,
             and
             with
             these
             punishments
             those
             in
             England
             have
             a
             very
             near
             affinity
             ,
             
             
             
             
             
             as
             cleansing
             the
             Ship
             ,
             loosing
             pay
             ,
             ducking
             in
             the
             Water
             ,
             beaten
             at
             the
             Capsons
             head
             ,
             hoisted
             up
             the
             main
             yard
             end
             with
             a
             shovel
             at
             their
             back
             ,
             hang'd
             ,
             and
             shot
             to
             death
             ,
             and
             the
             like
             .
          
           
             XXVI
             .
             The
             Admiral
             may
             grant
             Commissions
             to
             inferior
             Vice-Admirals
             or
             
               Commanders
               in
               chief
            
             of
             any
             Squadron
             of
             Ships
             ,
             to
             assemble
             
               Court
               Martials
            
             ,
             consisting
             of
             Commanders
             and
             Captains
             ,
             for
             the
             Tryal
             and
             Execution
             of
             any
             of
             the
             offences
             or
             misdemeanours
             which
             shall
             be
             committed
             at
             Sea
             ;
             but
             if
             one
             be
             attainted
             before
             them
             ,
             the
             same
             works
             no
             corruption
             of
             Blood
             or
             forfeiture
             of
             
             Lands
             ,
             nor
             can
             they
             try
             any
             Person
             that
             is
             not
             in
             actual
             Service
             and
             pay
             in
             His
             Majesty's
             Fleet
             and
             Ships
             of
             War.
             
          
           
             But
             in
             no
             case
             where
             there
             is
             Sentence
             of
             death
             ,
             can
             the
             execution
             of
             the
             same
             be
             without
             leave
             of
             the
             Lord
             
             Admirall
             ,
             if
             the
             same
             be
             committed
             within
             the
             narrow
             Seas
             ;
             yet
             this
             does
             not
             extend
             to
             mutiny
             ,
             for
             there
             in
             that
             case
             the
             party
             may
             be
             executed
             presently
             .
          
           
             All
             offences
             committed
             in
             any
             voyage
             beyond
             the
             narrow
             Seas
             where
             Sentence
             of
             death
             shall
             be
             given
             upon
             any
             of
             the
             aforesaid
             offences
             ,
             execution
             cannot
             be
             awarded
             nor
             done
             ,
             but
             by
             the
             Order
             of
             the
             Commader
             in
             chief
             of
             that
             Fleet
             or
             Squadron
             ,
             wherein
             Sentence
             of
             death
             was
             passed
             .
          
           
             XXVII
             .
             The
             Judge
             Advocate
             hath
             power
             given
             by
             the
             words
             of
             the
             Statut
             ,
             to
             administer
             an
             Oath
             in
             order
             to
             the
             Examination
             or
             Tryal
             of
             any
             of
             the
             offences
             mentioned
             in
             the
             Stat.
             of
             13
             Car.
             2.
             
             Cap.
             9.
             and
             in
             his
             absence
             ,
             the
             
               Court
               Marshall
            
             has
             power
             to
             appoint
             any
             other
             Person
             to
             administer
             an
             Oath
             to
             the
             same
             purpose
             .
          
           
             This
             Statut
             enlarges
             not
             the
             power
             and
             and
             jurisdiction
             of
             the
             Admiral
             any
             further
             ,
             then
             only
             to
             the
             above
             mentioned
             offences
             in
             no
             case
             whatsoever
             ,
             but
             leaves
             his
             authority
             as
             it
             was
             before
             the
             making
             of
             this
             Statut.
             
          
           
             Nor
             does
             it
             give
             the
             Admiral
             any
             other
             or
             further
             power
             to
             enquire
             and
             punish
             any
             of
             the
             above-mentioned
             offences
             ,
             unless
             the
             same
             be
             done
             upon
             the
             main
             Sea
             ,
             or
             in
             Ships
             or
             Vessels
             ,
             being
             and
             hovering
             in
             the
             main
             stream
             of
             great
             Rivers
             ,
             only
             beneath
             the
             Bridges
             of
             the
             same
             Rivers
             nigh
             to
             the
             Seas
             ,
             within
             the
             *
             jurisdiction
             of
             the
             Admiralty
             ,
             and
             in
             no
             other
             place
             whatsoever
             .
          
           
           
             XXVIII
             .
             As
             Souldiers
             and
             Mariners
             for
             the
             honour
             and
             safety
             of
             the
             Realm
             ,
             do
             expose
             dayly
             their
             lives
             and
             limbs
             ,
             so
             the
             Realm
             hath
             likewise
             provided
             for
             them
             ,
             in
             case
             they
             survive
             and
             should
             prove
             disabled
             or
             unfit
             for
             Service
             ,
             a
             reasonable
             and
             comfortable
             maintainance
             to
             
             keep
             them
             ;
             the
             which
             the
             Justices
             of
             the
             Peace
             have
             power
             yearly
             in
             their
             
               Easter
               Sessions
            
             to
             raise
             by
             way
             of
             a
             Taxe
             ,
             for
             a
             weekly
             relief
             of
             maimed
             Souldiers
             and
             Mariners
             .
          
           
             The
             maimed
             Souldier
             or
             Mariner
             must
             repair
             to
             the
             Treasurer
             of
             the
             County
             where
             he
             was
             prest
             ,
             if
             he
             be
             able
             to
             travel
             ;
             if
             he
             was
             not
             ,
             then
             to
             the
             Treasurer
             of
             the
             County
             where
             he
             was
             born
             ,
             or
             where
             he
             last
             dwelt
             by
             the
             space
             of
             three
             Years
             ;
             but
             if
             he
             proves
             unable
             to
             travel
             then
             to
             the
             Treasurer
             of
             the
             County
             where
             he
             lands
             .
          
           
             He
             must
             have
             a
             Certificate
             under
             the
             chief
             Commander
             ,
             or
             of
             his
             Captain
             ,
             containing
             the
             particulars
             of
             his
             hurt
             and
             Services
             .
          
           
             The
             allowances
             to
             one
             not
             having
             been
             an
             Officer
             ,
             is
             not
             to
             exceed
             ten
             pound
             
               per
               annum
            
             ;
          
           
             
               Under
               a
               Lievtenant
               —
               15
               ,
            
             
               A
               Lievtenant
               —
               —
               20.
               
            
          
           
             Till
             the
             Mariner
             arrives
             at
             his
             proper
             Treasurer
             ,
             they
             are
             to
             be
             relieved
             from
             Treasurer
             to
             Treasurer
             ,
             and
             when
             they
             are
             provided
             for
             ,
             if
             any
             of
             them
             shall
             go
             a
             begging
             or
             couterfeit
             Certificats
             ,
             they
             shall
             suffer
             as
             common
             rogues
             ,
             and
             loose
             their
             Pensions
             :
             Over
             and
             above
             this
             provision
             ,
             
               His
               Sacred
               Majesty
            
             hath
             provided
             a
             further
             supplyment
             for
             his
             maimed
             Mariners
             and
             Souldiers
             disabled
             in
             the
             Service●…
             ,
             which
             is
             issued
             out
             of
             the
             Chest
             at
             Chatham
             ,
             and
             constantly
             and
             duely
             pay'd
             them
             ;
             and
             for
             his
             Commanders
             ,
             Officers
             and
             others
             that
             served
             aboard
             ,
             he
             ,
             of
             his
             Royal
             Bounty
             ,
             hath
             given
             to
             those
             that
             bear
             the
             character
             of
             War
             ,
             and
             purchase
             the
             same
             by
             their
             fidelity
             and
             valour
             ,
             a
             pious
             Bounty
             called
             Smart-Money
             ,
             over
             and
             above
             their
             Pay.
             
          
           
             XXIX
             .
             The
             wisedom
             of
             the
             Romans
             was
             mightily
             to
             be
             commended
             ,
             in
             giving
             of
             Triumphs
             to
             their
             Generals
             
             after
             their
             returns
             ,
             of
             which
             they
             had
             various
             sorts
             ;
             but
             the
             greatest
             was
             when
             the
             General
             rid
             in
             his
             Chariot
             ,
             adorned
             and
             crowned
             with
             the
             Victorious
             Laurel
             ,
             the
             Senators
             with
             the
             best
             of
             the
             Romans
             meeting
             him
             ,
             
             his
             Souldiers
             ,
             (
             especially
             those
             who
             by
             their
             valoor
             had
             purchast
             Coronets
             ,
             Chains
             and
             other
             Ensigns
             of
             reward
             for
             their
             conduct
             and
             courage
             )
             following
             him
             :
             but
             what
             alas
             !
             could
             these
             to
             the
             more
             sober
             represent
             ,
             any
             other
             but
             horror
             since
             ,
             the
             centers
             from
             whence
             the
             lines
             were
             drawn
             ,
             could
             afford
             nothing
             but
             death
             ,
             slaughter
             and
             desolation
             on
             those
             who
             had
             the
             Souls
             and
             Faces
             of
             Men
             ;
             and
             if
             it
             were
             possible
             that
             that
             Blood
             which
             by
             their
             Commissions
             was
             drawn
             from
             the
             sides
             of
             Mankind
             ,
             and
             for
             which
             they
             made
             those
             Triumphs
             could
             have
             been
             brought
             to
             Rome
             ,
             the
             same
             was
             capable
             of
             making
             of
             a
             Source
             great
             as
             their
             Tiber
             ;
             but
             Policy
             had
             need
             of
             all
             its
             Stratagems
             to
             confound
             the
             Judgement
             of
             a
             Souldier
             by
             excessive
             Praises
             ,
             Recompenses
             and
             Triumphs
             ,
             that
             so
             the
             opinion
             of
             wounds
             and
             wooden-legs
             might
             raise
             in
             him
             a
             greater
             esteem
             of
             himself
             ,
             then
             if
             he
             had
             an
             entire
             body
             .
             To
             allure
             others
             something
             also
             must
             be
             found
             out
             handsomly
             ,
             to
             cover
             wounds
             and
             affrightments
             of
             death
             ;
             and
             without
             this
             Caesar
             in
             his
             Triumph
             ,
             with
             all
             his
             Garlands
             and
             Musick
             ,
             would
             look
             but
             like
             a
             victime
             :
             but
             what
             sorrow
             of
             heart
             is
             it
             to
             see
             passionate
             Man
             ,
             a
             ray
             of
             Divinity
             ,
             and
             the
             joy
             of
             Angels
             ,
             scourged
             thus
             with
             his
             own
             Scorpions
             ?
             and
             so
             fondly
             to
             give
             himself
             alarums
             in
             the
             midst
             of
             his
             innocent
             contentments
             ,
             as
             they
             of
             Holland
             but
             yesterday
             in
             the
             midst
             of
             their
             traffique
             and
             recreations
             did
             (
             by
             the
             denying
             
               His
               Sacred
               Majesty
            
             his
             Right
             ,
             even
             that
             right
             the
             which
             his
             Ancestors
             had
             with
             so
             much
             glory
             acquired
             ,
             )
             pul
             on
             their
             heads
             a
             War
             ,
             which
             that
             mighty
             Re●…publique
             by
             their
             greatest
             industry
             and
             wisedom
             hath
             not
             been
             yet
             able
             to
             quell
             (
             the
             colerickness
             of
             War
             (
             whereby
             the
             lustfull
             heat
             of
             so
             many
             hearts
             is
             redoubled
             )
             stirs
             up
             the
             lees
             of
             Kingdoms
             and
             States
             ,
             as
             a
             tempest
             doth
             weeds
             and
             slimy
             seedment
             from
             the
             bottom
             to
             the
             top
             of
             the
             Sea
             ,
             which
             afterwards
             driven
             to
             the
             shoare
             ,
             together
             with
             its
             foam
             ,
             there
             coverts
             Pearls
             and
             pretious
             Stones
             :
             and
             though
             the
             Canon
             seems
             mad
             by
             its
             continual
             firing
             ,
             and
             the
             Sword
             reeking
             hot
             by
             its
             dayly
             slaughters
             ,
             yet
             no
             good
             Man
             doubts
             but
             they
             even
             they
             will
             wheather
             out
             those
             storms
             ,
             &
             in
             the
             midst
             of
             those
             mercyless
             instruments
             ,
             find
             an
             inculpatatutela
             ,
             who
             love
             justice
             ,
             exercise
             charity
             ,
             and
             put
             their
             trust
             in
             the
             
               Great
               Governour
               of
               all
               things
            
             .
          
        
         
           
           
             CHAP.
             XV.
             
               Of
               Salutations
               by
               Ships
               of
               War
               ,
               and
               Merchant
               Men.
               
            
          
           
             
               
                 
                   I.
                   Of
                   salutation
                   ,
                   how
                   esteem'd
                   by
                   some
                   in
                   this
                   later
                   age
                   .
                
                 
                   II.
                   Of
                   the
                   same
                   pay'd
                   in
                   all
                   ages
                   as
                   an
                   undoubted
                   marke
                   of
                   Soveraignty
                   of
                   this
                   Empire
                   .
                
                 
                   III.
                   Of
                   those
                   Seas
                   where
                   this
                   right
                   is
                   to
                   be
                   pay'd
                   to
                   the
                   King
                   of
                   
                   England's
                   Flag
                   .
                
                 
                   IV.
                   In
                   what
                   manner
                   the
                   King
                   of
                   England
                   holds
                   this
                   Right
                   ,
                   and
                   by
                   whom
                   to
                   be
                   pay'd
                   .
                
                 
                   V.
                   Of
                   those
                   that
                   shall
                   neglect
                   or
                   refuse
                   to
                   do
                   the
                   same
                   ,
                   how
                   punisht
                   and
                   dealt
                   withall
                   .
                
                 
                   VI.
                   Where
                   his
                   
                     Majesty
                     of
                     Great
                  
                   Britain's
                   Ships
                   are
                   to
                   strike
                   their
                   Flagg
                   ,
                   and
                   where
                   not
                   .
                
                 
                   VII
                   .
                   Of
                   the
                   saluting
                   of
                   Ports
                   ,
                   Castles
                   ,
                   Forts
                   ,
                   how
                   the
                   same
                   is
                   to
                   be
                   done
                   ,
                   and
                   on
                   what
                   terms
                   .
                
                 
                   VIII
                   .
                   Of
                   Ships
                   of
                   War
                   their
                   saluting
                   their
                   Admiral
                   and
                   Commanders
                   and
                   Chief
                   .
                
                 
                   IX
                   .
                   Of
                   Ambassadors
                   ,
                   Dukes
                   ,
                   Noblemen
                   ,
                   and
                   other
                   Persons
                   of
                   quality
                   ,
                   how
                   to
                   be
                   saluted
                   coming
                   aboard
                   and
                   landing
                   .
                
                 
                   X.
                   The
                   Admirals
                   of
                   any
                   forraign
                   Nation
                   ,
                   if
                   met
                   withall
                   ,
                   how
                   to
                   be
                   saluted
                   and
                   answered
                   .
                
                 
                   XI
                   .
                   Of
                   the
                   Men
                   of
                   War
                   or
                   Ships
                   of
                   Trade
                   of
                   any
                   foraign
                   Nation
                   ,
                   saluting
                   his
                   
                   Majestie
                   's
                   Ship
                   of
                   war
                   ,
                   how
                   to
                   be
                   answered
                   .
                
                 
                   XII
                   .
                   Of
                   the
                   saluting
                   of
                   his
                   
                   Majestie
                   's
                   own
                   Forts
                   and
                   Castles
                   ,
                   and
                   when
                   the
                   salute
                   cease
                   .
                
                 
                   XIII
                   .
                   Of
                   the
                   objection
                   that
                   seems
                   to
                   be
                   made
                   against
                   the
                   necessity
                   of
                   such
                   Salutations
                   .
                
                 
                   XIV
                   .
                   Why
                   Kingdoms
                   and
                   States
                   attributes
                   the
                   effects
                   not
                   the
                   cause
                   of
                   Rights
                   to
                   prescription
                   .
                
                 
                   XVI
                   .
                   That
                   Kingdoms
                   and
                   Reipubliques
                   ought
                   not
                   to
                   be
                   disordered
                   for
                   the
                   defect
                   of
                   Right
                   ,
                   in
                   presumption
                   ,
                   and
                   the
                   objection
                   in
                   the
                   13
                   §
                   .
                   answer'd
                   .
                
                 
                   XVII
                   .
                   The
                   inconveniency
                   of
                   war
                   ,
                   and
                   the
                   justifique
                   causes
                   of
                   the
                   same
                   .
                
                 
                   XVIII
                   .
                   Of
                   the
                   causes
                   not
                   justifiable
                   in
                   war.
                   
                
                 
                   XIX
                   .
                   Of
                   Moderation
                   ,
                   and
                   the
                   utility
                   of
                   Faith
                   and
                   Peace
                   .
                
              
            
          
           
             I.
             AS
             reforming
             Powers
             in
             all
             Ages
             ,
             made
             it
             their
             chiefest
             work
             to
             take
             down
             the
             great
             Colossues
             ,
             and
             whatever
             else
             might
             be
             ombragious
             in
             the
             excrescences
             of
             Civile
             Pompe
             ;
             so
             we
             had
             some
             in
             this
             Age
             ,
             who
             ,
             by
             a
             new
             art
             of
             levelling
             ,
             thought
             nothing
             could
             be
             rightly
             mended
             ,
             and
             they
             planted
             unless
             the
             whole
             piece
             ravelled
             out
             to
             the
             very
             end
             ,
             and
             that
             all
             intermediate
             greatness
             between
             Kings
             and
             them
             ,
             should
             be
             crumbled
             even
             to
             the
             dust
             ,
             where
             all
             lying
             level
             together
             
             as
             in
             the
             first
             Chaos
             ,
             spades
             ought
             even
             to
             be
             put
             into
             the
             hands
             of
             those
             who
             were
             heretofore
             adorned
             with
             Scepters
             ,
             all
             outward
             tokens
             of
             honour
             and
             esteem
             ,
             which
             even
             from
             the
             first
             institution
             of
             Society
             seemed
             by
             an
             uninterrupted
             stream
             to
             be
             continued
             down
             to
             posterity
             ,
             (
             even
             amongst
             the
             most
             barbarous
             Nations
             )
             was
             by
             them
             totally
             deny'd
             ;
             the
             Hand
             ,
             the
             Hat
             ,
             the
             Knee
             (
             being
             no
             other
             but
             outward
             signs
             of
             an
             inward
             respect
             )
             being
             esteemed
             equal
             with
             Idolatry
             ;
             but
             that
             unhappy
             brood
             ,
             to
             whom
             whatsoever
             was
             crooked
             seemed
             streight
             ,
             and
             what
             was
             dark
             to
             them
             appears
             light
             ,
             are
             now
             not
             to
             be
             accounted
             Men
             ,
             with
             whom
             the
             question
             may
             admit
             of
             a
             debate
             whether
             Salutation
             is
             innocent
             ,
             necessary
             and
             praise-worthy
             ,
             since
             nothing
             of
             reason
             can
             be
             found
             in
             the
             foundation
             of
             their
             Religion
             ,
             Honesty
             or
             Conscience
             .
             —
             Therefore
             this
             Discourse
             is
             directed
             to
             Men
             :
          
           
             II.
             First
             ,
             it
             is
             evident
             by
             what
             hath
             been
             said
             ,
             that
             the
             
               British
               Seas
            
             before
             the
             
               Roman
               Conquest
            
             ,
             ever
             belonged
             to
             the
             
               Isle
               of
               Great
               Britain
            
             ,
             they
             alwaies
             claiming
             and
             enjoying
             the
             sole
             Dominion
             and
             Soveraignty
             of
             the
             same
             ,
             which
             afterwards
             accrued
             to
             the
             Romans
             by
             Conquest
             ,
             and
             from
             them
             translated
             with
             its
             Empire
             to
             the
             succeeding
             
               Saxon
               ,
               Danish
            
             and
             Norman
             Successors
             ,
             and
             in
             all
             the
             Reigns
             of
             those
             Princes
             there
             was
             alwaies
             some
             markes
             of
             Soveraignty
             pay'd
             ,
             wherein
             the
             right
             of
             the
             same
             was
             evinc't
             and
             acknowledged
             .
          
           
             III.
             Now
             those
             Seas
             which
             this
             Salutation
             or
             Duty
             of
             the
             Flagg
             are
             to
             be
             pay'd
             ,
             are
             the
             four
             circumjacent
             Seas
             ,
             in
             which
             all
             Vessels
             whatsoever
             are
             to
             pay
             that
             Duty
             ,
             according
             to
             the
             Custom
             of
             the
             same
             ,
             and
             the
             Ordinance
             of
             King
             John
             :
             How
             far
             this
             Right
             is
             payable
             ,
             appears
             in
             the
             fourth
             Article
             in
             the
             Peace
             made
             lately
             between
             His
             Majesty
             and
             the
             
               States
               General
               of
               the
               United
               Provinces
               ,
            
             in
             these
             words
             :
          
           
             —
             
               That
               whatever
               Ships
               or
               Uessels
               belonging
               to
               the
               said
               United
               Provinces
               ,
               whether
               Uessels
               of
               War
               or
               other
               ,
               or
               whether
               single
               or
               in
               Fl●…ts
               ,
               shall
               m●…t
               in
               any
               of
               the
               Seas
               from
            
             Cape
             Finisterre
             
               to
               the
               middle
               point
               of
               the
            
             Land
             Van
             Staten
             in
             Norway
             ,
             
               with
               any
               Ships
               or
            
             
             
               Uessels
               belonging
               to
               his
               Majesty
               of
            
             Great
             Britain
             ,
             
               whether
               those
               Ships
               be
               single
               or
               in
               great
               number
               ,
               if
               they
               carry
               his
               Majesty
               of
            
             Great
             Britain
             '
             
               s
               Flagg
               or
               Jack
               ,
               the
               aforesaid
            
             Dutch
             
               Uessels
               or
               Ships
               shall
               strike
               their
               Flagg
               and
               lower
               their
               Top-sail
               ,
               in
               the
               same
               manner
               ,
               and
               with
               as
               much
               respect
               as
               hath
               at
               any
               time
               ,
               or
               in
               any
               place
               ,
               been
               formerly
               practised
               towards
               any
               Ships
               of
               his
               Majesty
               of
            
             Great
             Britain
             ,
             
               or
               his
               Predecessors
               by
               any
               Ships
               of
               the
            
             States
             General
             ,
             
               or
               their
               Predecessors
            
             .
          
           
             IV.
             Now
             ,
             his
             Majesty
             holds
             not
             this
             Salutation
             or
             Respect
             ,
             by
             virtue
             of
             the
             League
             or
             of
             the
             Article
             ,
             but
             as
             the
             same
             is
             a
             Right
             inherent
             to
             the
             
               Empire
               of
               Great
               Britain
            
             ;
             and
             therefore
             in
             the
             first
             part
             of
             the
             Article
             it
             is
             declared
             in
             these
             words
             :
          
           
             —
             
               That
               the
               aforesaid
            
             States
             General
             
               of
               the
               Unithed
               Provinees
               ,
               in
               due
               acknowledoment
               on
               their
               part
               of
               the
               King
               of
            
             Great
             Britain
             '
             
               s
               RIGHT
               ,
               to
               have
               his
               Flagg
               respected
               in
               the
               Seas
               hereafter
               mentioned
               ,
               shall
               and
               do
               declare
               ,
               and
               agree
            
             —
          
           
             Now
             this
             Right
             extends
             and
             subjects
             all
             Nations
             whatsoever
             that
             shall
             pass
             through
             those
             Seas
             ,
             and
             between
             those
             places
             meeting
             with
             any
             of
             his
             
             Majesty's
             Ships
             of
             War
             ,
             bearing
             his
             Flagg
             ,
             Jack
             ,
             or
             Cognizance
             of
             Service
             ,
             to
             strike
             their
             Top-sail
             ,
             and
             take
             in
             their
             Flagg
             ,
             in
             acknowledgement
             of
             His
             
             Majesty's
             Soveraignty
             in
             those
             Seas
             ,
             and
             if
             any
             shall
             refuse
             to
             do
             it
             ,
             oroffer
             to
             resist
             ,
             they
             may
             be
             compelled
             
               vis
               manu
               &
               forti
            
             ,
             for
             his
             
             Majesty's
             Honour
             is
             by
             no
             means
             to
             receive
             the
             least
             diminition
             .
          
           
             V.
             If
             therefore
             any
             of
             his
             
             Majesty's
             Subjects
             should
             be
             so
             negligent
             or
             forgetful
             to
             pay
             that
             obeissance
             ,
             when
             it
             may
             be
             done
             without
             losse
             of
             the
             Voyage
             ,
             they
             are
             to
             be
             seized
             on
             ,
             and
             brought
             to
             the
             Flagg
             ,
             to
             answer
             the
             contempt
             ,
             or
             else
             the
             Commander
             may
             remit
             the
             Name
             of
             the
             Ship
             ,
             Commander
             or
             Master
             ,
             as
             also
             the
             place
             from
             whence
             ,
             and
             the
             Port
             to
             which
             she
             shall
             be
             bound
             to
             the
             Admiral
             ;
             however
             before
             she
             is
             dismist
             ,
             she
             must
             pay
             the
             charge
             of
             the
             shot
             ,
             that
             her
             negligence
             or
             forgetfulness
             occasioned
             ,
             and
             afterwards
             may
             be
             indicted
             for
             the
             same
             ,
             and
             severely
             punished
             .
          
           
             VI.
             In
             His
             Majesty's
             Seas
             ,
             none
             of
             his
             Ships
             of
             War
             
             are
             to
             strike
             to
             any
             ,
             and
             that
             in
             no
             other
             part
             no
             Ship
             of
             His
             Majesty
             is
             to
             strike
             her
             Flagg
             or
             Top-sail
             to
             any
             Forraigner
             ,
             unless
             such
             forraign
             Ship
             shall
             have
             first
             struck
             ,
             or
             at
             the
             same
             time
             have
             strike
             her
             Flagg
             or
             Top-sail
             to
             his
             Majesty's
             Ships
             .
          
           
             VII
             .
             But
             if
             any
             of
             the
             King
             of
             Englands
             Ships
             of
             War
             shall
             enter
             into
             the
             Harbour
             of
             any
             Forraign
             Prince
             or
             Sate
             ,
             or
             into
             the
             r●…ade
             within
             shot
             of
             Canon
             of
             some
             Fort
             or
             Castle
             ,
             yet
             such
             respect
             must
             be
             pay'd
             ,
             as
             is
             usually
             there
             expected
             ,
             and
             then
             the
             Commander
             is
             to
             send
             a
             shore
             ,
             to
             inform
             himself
             what
             return
             they
             will
             make
             to
             this
             Salute
             ;
             and
             that
             if
             he
             hath
             received
             good
             assurance
             ,
             that
             his
             Majesty's
             Ships
             shall
             be
             answer'd
             Gun
             for
             Gun
             ,
             the
             Port
             is
             to
             be
             saluted
             ,
             as
             is
             usuall
             ,
             but
             without
             assurance
             of
             being
             answered
             by
             an
             equal
             number
             of
             Guns
             ,
             the
             Port
             is
             not
             to
             be
             saluted
             :
             And
             yet
             in
             that
             very
             respect
             before
             the
             Port
             is
             to
             be
             saluted
             ,
             the
             Captain
             ought
             to
             inform
             himself
             ,
             how
             Flaggs
             (
             of
             the
             same
             quality
             with
             that
             he
             carrys
             )
             of
             other
             Princes
             have
             been
             saluted
             there
             ,
             the
             which
             is
             peremptorily
             to
             be
             insisted
             on
             ,
             to
             be
             saluted
             with
             as
             great
             respect
             and
             advantage
             as
             any
             Flagg
             (
             of
             the
             same
             quality
             with
             the
             Captains
             )
             of
             any
             other
             Prince
             hath
             been
             saluted
             in
             that
             Place
             .
          
           
             VIII
             .
             A
             Captain
             of
             a
             Ship
             of
             the
             second
             rate
             ,
             being
             neither
             Admirall
             ,
             Vice-Admiral
             ,
             nor
             Reer-Admiral
             ,
             at
             his
             first
             coming
             and
             saluting
             his
             Admiral
             or
             Commander
             in
             chief
             ,
             is
             to
             give
             11
             Pieces
             ,
             his
             Vice-Admiral
             nine
             ,
             and
             his
             Reer-Admiral
             seven
             ,
             and
             the
             other
             proportionably
             less
             by
             two
             ,
             according
             to
             their
             Rancks
             ;
             but
             the
             Commander
             or
             Captain
             of
             a
             Ship
             is
             not
             to
             salute
             his
             Admiral
             or
             Commander
             in
             chief
             ,
             after
             he
             hath
             done
             it
             once
             ,
             except
             he
             hath
             been
             absent
             from
             the
             Flagg
             two
             
             Months
             .
          
           
             XI
             .
             When
             a
             Ship
             of
             the
             second
             rate
             ,
             shall
             carry
             any
             Ambassador
             ,
             Duke
             ,
             or
             Nobleman
             ,
             at
             his
             coming
             aboard
             ,
             he
             is
             to
             give
             eleven
             Pieces
             ,
             and
             at
             his
             landing
             fifteen
             ;
             and
             when
             he
             shall
             carry
             a
             Knight
             ,
             Lady
             or
             Gentleman
             of
             Quality
             ,
             at
             their
             coming
             aboard
             he
             is
             to
             give
             seven
             ,
             and
             at
             the
             landing
             eleven
             ;
             and
             the
             other
             Ships
             are
             to
             give
             
             less
             by
             two
             ,
             according
             to
             their
             Rancks
             and
             number
             of
             Ordinance
             .
          
           
             X.
             When
             an
             Admiral
             of
             any
             forraign
             Nation
             is
             met
             with
             ,
             he
             is
             to
             be
             answered
             with
             the
             like
             number
             by
             all
             the
             Ships
             he
             shall
             salute
             ,
             if
             a
             Vice-Admiral
             ,
             the
             Admiral
             is
             to
             answer
             him
             with
             twelve
             less
             ;
             but
             the
             Vice-Admiral
             and
             Reer-Admiral
             ,
             and
             as
             many
             of
             the
             rest
             as
             he
             shall
             salute
             ,
             shall
             give
             him
             the
             like
             number
             :
             if
             a
             Reer-Admiral
             ,
             then
             the
             Admiral
             and
             Vice-Admiral
             ,
             to
             answer
             him
             with
             two
             less
             ;
             but
             if
             he
             shall
             salute
             the
             Reer-Admiral
             or
             any
             other
             ,
             they
             are
             to
             answer
             him
             in
             the
             like
             number
             .
          
           
             XI
             .
             When
             a
             Man
             of
             War
             or
             Merchant-Man
             of
             another
             Nation
             ,
             or
             of
             our
             own
             ,
             salute
             any
             of
             the
             King's
             Ships
             ,
             he
             is
             to
             be
             answer'd
             by
             two
             less
             .
          
           
             XII
             .
             When
             any
             of
             the
             Captains
             of
             his
             Majesty's
             Ships
             shall
             have
             occasion
             to
             salute
             any
             of
             the
             King's
             Castles
             ,
             he
             is
             to
             give
             two
             Guns
             less
             then
             they
             are
             directed
             to
             give
             upon
             saluting
             their
             Admiral
             or
             Commander
             in
             chief
             ,
             as
             aforesaid
             :
             But
             this
             extends
             only
             in
             time
             of
             Peace
             ,
             for
             if
             War
             is
             begun
             ,
             no
             Guns
             ought
             to
             be
             fired
             in
             Salutes
             ,
             unless
             to
             the
             Ships
             or
             Castles
             of
             some
             forraign
             Prince
             or
             State
             in
             Amity
             .
          
           
             XIII
             .
             Those
             duties
             or
             obligations
             being
             laid
             on
             Commanders
             ,
             they
             consist
             of
             two
             parts
             ,
             the
             one
             is
             that
             antient
             prescription
             ,
             which
             the
             
               Crown
               of
               England
            
             claims
             by
             virtue
             of
             the
             Soveraignty
             of
             that
             Empire
             ,
             the
             other
             is
             but
             that
             respect
             ,
             which
             is
             pay'd
             as
             visible
             marks
             of
             Honour
             and
             Esteem
             ,
             either
             to
             Kingdoms
             or
             Persons
             publique
             or
             private
             ,
             to
             whom
             these
             several
             Commands
             are
             to
             be
             observed
             ;
             and
             yet
             in
             these
             which
             are
             both
             innocent
             and
             harmless
             of
             themselves
             ,
             yet
             we
             wont
             not
             those
             who
             being
             empty
             ,
             of
             all
             that
             may
             be
             called
             good
             ,
             want
             not
             malice
             to
             start
             up
             words
             ,
             
               wherefore
               should
               the
               lives
               of
               Men
               ,
               even
            
             Christian
             
               Men
               ,
               be
               exposed
               to
               death
               and
               slaughter
               for
               shaddows
            
             (
             as
             they
             call
             them
             )
             
               the
               right
               of
               salutation
            
             or
             Complement
             ,
             being
             no
             other
             in
             their
             opinion
             .
          
           
             XIV
             .
             Admitting
             therefore
             that
             the
             evidence
             of
             original
             Compacts
             and
             Rights
             stand
             at
             such
             remote
             distances
             from
             us
             ,
             that
             they
             are
             hardly
             discernable
             ,
             and
             that
             the
             principal
             of
             Civil
             things
             ,
             as
             well
             as
             Natural
             ,
             is
             sought
             for
             
             in
             a
             Chaos
             or
             confusion
             ;
             so
             that
             the
             evidence
             of
             antient
             facts
             
               vestigia
               nulla
               retrorsum
            
             ,
             there
             being
             no
             infallible
             markes
             of
             their
             preexistence
             (
             one
             step
             doth
             so
             confound
             and
             obliterate
             another
             )
             and
             that
             time
             it self
             is
             but
             an
             imagination
             of
             our
             own
             and
             intentional
             not
             a
             reall
             measure
             for
             actions
             ,
             which
             pass
             away
             concomitantly
             with
             that
             measure
             of
             time
             ,
             in
             which
             they
             were
             done
             ,
             for
             which
             reason
             we
             talk
             of
             antient
             things
             ,
             but
             as
             blind
             Men
             do
             of
             Colours
             :
             Notwithstanding
             prescription
             is
             supposed
             by
             most
             to
             hold
             out
             such
             an
             evidence
             ,
             that
             as
             they
             say
             ,
             *
             it
             ought
             to
             silence
             all
             Counterpleas
             in
             all
             Tribunals
             ,
             and
             by
             the
             present
             allowance
             which
             is
             indulged
             to
             it
             ,
             it
             either
             proves
             a
             good
             or
             cleans
             a
             vitiated
             title
             ;
             and
             this
             Prerogative
             in
             the
             Civil
             constitution
             of
             the
             World
             hath
             this
             Power
             in
             the
             Civil
             constitution
             of
             the
             World
             ,
             and
             for
             quietness
             sake
             ,
             that
             what
             it
             cannot
             find
             ,
             we
             grant
             it
             a
             power
             to
             make
             .
          
           
             XV.
             Yet
             if
             we
             examine
             all
             this
             strictly
             at
             the
             two
             great
             Tribunals
             ,
             the
             external
             and
             the
             internal
             ,
             and
             arargue
             the
             jue
             of
             it
             ,
             as
             Statesmen
             and
             Lawyers
             do
             ,
             we
             can
             then
             raise
             the
             argument
             of
             it
             no
             higher
             in
             the
             external
             or
             temporal
             Court
             ,
             then
             only
             this
             ,
             —
             
               That
               it
               is
               very
               convenient
               it
               should
               have
               the
               effects
               of
               Right
               ,
               left
               properties
               and
               dominion
               of
               things
               should
               be
               uncertain
               ,
               and
               the
               apparent
               negligences
               of
               time
               :
               Owners
               should
               be
               punished
               ,
               and
               controversies
               have
               a
               speedy
               end
               :
            
             States
             looking
             more
             after
             publique
             repose
             and
             quiet
             ,
             then
             after
             strict
             virtue
             ;
             and
             more
             after
             those
             things
             which
             are
             
               ad
               alterum
            
             ,
             then
             that
             which
             concerns
             a
             Mans
             own
             self
             ;
             for
             ,
             say
             they
             ,
             
               The
               Gods
               look
               well
               enough
               after
               their
               own
               injuries
               ,
            
             States
             
             meddle
             not
             so
             much
             with
             great
             prodigalities
             ,
             as
             in
             petty
             Larcenies
             ,
             
               our
               chiefest
               Liberty
               ,
               Priviledges
               or
               Prerogative
               in
               this
               World
               ,
               consisting
               only
               in
               an
               uncountroulable
               Right
               ,
               which
               we
               have
               to
               undo
               our selves
               ,
               if
               we
               please
               .
            
             Certainly
             if
             we
             plead
             at
             the
             other
             Tribunal
             ,
             as
             conscientious
             Lawyers
             ,
             we
             must
             give
             our
             ultimate
             resolution
             ,
             out
             of
             that
             Law
             ,
             
               Quae
               inciditur
               non
               aere
               ,
               sed
               animis
               :
            
             which
             is
             not
             ingraved
             in
             Tables
             of
             brass
             ,
             but
             in
             the
             Tables
             of
             our
             Souls
             ;
             for
             the
             Rules
             of
             Law
             tell
             us
             ,
             
               Quae
               principio
               vitiantur
               ex
               post
               facto
               ,
               reconvalescant
               ,
            
             and
             that
             prescription
             or
             usu-caption
             (
             which
             is
             but
             the
             lapse
             of
             so
             much
             
             time
             )
             hath
             the
             power
             to
             make
             
               Wrong
               a
               Right
            
             ;
             yea
             ,
             to
             change
             the
             morality
             of
             an
             action
             ,
             and
             turn
             quantity
             into
             quality
             :
             upon
             the
             result
             of
             all
             which
             taking
             for
             granted
             ,
             what
             those
             stubborn
             people
             do
             hold
             ,
             that
             instead
             of
             being
             a
             right
             ,
             or
             a
             certain
             cause
             or
             proof
             of
             it
             ,
             it
             only
             makes
             a
             shaddow
             or
             an
             opinion
             of
             right
             .
          
           
             XVI
             .
             And
             when
             wehave
             taken
             those
             people
             by
             the
             hand
             ,
             and
             with
             eagerness
             run
             with
             them
             to
             the
             very
             bottom
             and
             end
             of
             the
             line
             ,
             and
             there
             find
             nothing
             ,
             we
             are
             but
             in
             
             Pompey's
             astonishment
             ,
             when
             after
             his
             Conquest
             of
             Jerusalem
             ,
             when
             he
             had
             with
             such
             reverence
             and
             curiosity
             visited
             the
             
               Sanctum
               Sanctorum
            
             ,
             and
             found
             nothing
             there
             but
             a
             paire
             of
             Candle-sticks
             and
             a
             Chair
             ,
             in
             which
             there
             was
             no
             God
             sitting
             ;
             yet
             for
             all
             this
             mistake
             ,
             he
             would
             not
             (
             as
             Josephus
             saith
             )
             disorder
             or
             rob
             the
             Temple
             ,
             which
             he
             took
             by
             force
             of
             Armes
             ,
             because
             
               the
               the
               very
               opinion
               of
               Religion
               ,
               hath
               something
               of
               Religion
               .
            
             (
             which
             made
             Jacob
             accept
             of
             
             Laban's
             Oath
             by
             an
             Idol
             )
             so
             ought
             not
             we
             for
             defect
             of
             giving
             the
             causes
             of
             the
             inception
             of
             Prescription
             ,
             or
             of
             the
             Right
             in
             Prescription
             ,
             disorder
             a
             State
             ,
             or
             be
             the
             occasion
             of
             setting
             of
             two
             Nations
             at
             enmity
             ;
             nay
             ,
             though
             in
             conscience
             we
             are
             satisfy'd
             that
             it
             contains
             but
             the
             opinion
             or
             shaddow
             of
             Right
             :
             and
             as
             to
             the
             involving
             the
             lives
             of
             the
             innocent
             ,
             there
             is
             no
             such
             thing
             in
             the
             matter
             ,
             for
             there
             is
             not
             required
             any
             thing
             which
             they
             do
             not
             owe
             ,
             nor
             are
             they
             designed
             to
             death
             ;
             but
             if
             the
             cause
             be
             such
             ,
             that
             they
             that
             are
             innocent
             must
             perish
             ,
             that
             is
             ,
             be
             exposed
             to
             death
             by
             their
             Rulers
             ,
             because
             they
             obstinatly
             will
             not
             yield
             that
             which
             is
             right
             ,
             but
             will
             involve
             the
             lives
             of
             their
             innocent
             Subjects
             by
             force
             ,
             to
             defend
             that
             which
             is
             wrong
             ,
             such
             guilty
             Governors
             must
             answer
             for
             the
             defect
             of
             their
             own
             evil
             actions
             :
             on
             the
             other
             hand
             ,
             there
             can
             be
             no
             doubt
             made
             ,
             but
             he
             that
             hath
             an
             undoubted
             right
             ,
             being
             a
             Soveraign
             ,
             the
             Subjects
             partake
             in
             the
             same
             ,
             and
             the
             indignity
             offered
             to
             him
             ,
             they
             immediatly
             become
             partakers
             in
             the
             suffering
             ,
             for
             the
             satisfaction
             of
             which
             they
             may
             ,
             yea
             ,
             are
             oblidged
             both
             by
             the
             Law
             of
             God
             and
             Nations
             to
             seek
             reparation
             (
             if
             their
             Prince
             shall
             command
             )
             
               vis
               manu
               &
               sorti
            
             ,
             by
             the
             hazard
             of
             their
             Blood
             and
             Lives
             .
          
           
           
             XVII
             .
             On
             the
             other
             hand
             ,
             as
             War
             introduces
             the
             greatest
             of
             evills
             ,
             viz.
             the
             taking
             away
             of
             Mens
             lives
             ,
             and
             that
             which
             is
             equivalent
             to
             life
             ;
             so
             right
             Reason
             and
             Equity
             tells
             us
             that
             ,
             it
             ought
             not
             to
             be
             undertaken
             without
             the
             greatest
             cause
             ,
             which
             is
             the
             keeping
             of
             our
             lives
             ,
             and
             that
             without
             which
             our
             Lives
             cannot
             be
             kept
             ;
             or
             if
             they
             should
             be
             kept
             ,
             yet
             they
             would
             not
             be
             of
             any
             value
             to
             us
             ,
             seeing
             there
             may
             be
             a
             life
             worse
             then
             death
             ,
             even
             Captivity
             ;
             wherefore
             as
             we
             are
             forbidden
             to
             go
             to
             Law
             for
             a
             little
             occasion
             ,
             so
             we
             are
             not
             to
             go
             to
             War
             ,
             but
             for
             the
             greatest
             :
             Now
             those
             things
             that
             are
             equivalent
             to
             a
             Mans
             life
             ,
             are
             such
             whom
             
               Almighty
               God
            
             appointed
             the
             same
             equall
             punishment
             as
             well
             as
             to
             those
             of
             murderers
             ,
             and
             such
             as
             were
             breakers
             into
             Houses
             ,
             breakers
             of
             Marriage
             Fidelity
             ,
             Publishers
             of
             false
             Religion
             ,
             and
             those
             who
             rage
             in
             unnaturall
             lusts
             ,
             and
             the
             like
             .
          
           
             However
             ,
             before
             Mens
             Persons
             or
             Goods
             are
             to
             be
             invaded
             by
             War
             ,
             one
             of
             these
             three
             conditions
             is
             requisite
             .
          
           
             1.
             
             Necessity
             ,
             according
             to
             the
             tacite
             contract
             in
             the
             first
             dividing
             of
             Goods
             ,
             as
             hath
             been
             already
             observed
             .
          
           
             2.
             
             A
             Debt
             .
          
           
             3.
             
             A
             Mans
             ill
             merits
             ,
             as
             when
             he
             doth
             great
             wrong
             or
             takes
             part
             with
             those
             who
             do
             it
             .
          
           
             Against
             which
             If
             any
             thing
             is
             committed
             ,
             War
             may
             be
             commenc't
             ,
             nor
             is
             the
             same
             repugnant
             to
             the
             Laws
             of
             Nature
             ;
             that
             is
             whether
             the
             thing
             may
             be
             done
             not
             unjustly
             ,
             which
             hath
             a
             necessary
             repugnance
             to
             the
             rational
             and
             social
             Nature
             ;
             among
             the
             first
             principals
             of
             Nature
             ,
             there
             is
             nothing
             repugnant
             unto
             War
             ;
             on
             the
             other
             hand
             there
             is
             much
             in
             favour
             of
             it
             ,
             for
             both
             the
             end
             of
             War
             ,
             the
             conservation
             of
             Life
             and
             Members
             ,
             and
             the
             keeping
             and
             acquiring
             of
             things
             usefull
             unto
             Life
             is
             most
             agreable
             to
             those
             principalls
             :
             And
             if
             need
             be
             to
             use
             force
             to
             that
             purpose
             is
             not
             disagreable
             ,
             since
             every
             Living
             
             thing
             hath
             by
             the
             gift
             of
             Nature
             strength
             to
             the
             end
             it
             may
             be
             able
             to
             help
             and
             defend
             it self
             ;
             besides
             reason
             and
             the
             Nature
             of
             Society
             inhibits
             not
             all
             force
             ,
             but
             that
             which
             is
             repugnant
             to
             Society
             ,
             that
             is
             ,
             which
             depriveth
             another
             of
             his
             right
             ;
             for
             the
             end
             of
             Society
             
             is
             ,
             that
             every
             one
             may
             enjoy
             his
             own
             ,
             this
             ought
             to
             be
             and
             would
             have
             been
             ;
             though
             the
             Dominion
             and
             property
             of
             possessions
             had
             not
             been
             introduced
             for
             life
             members
             and
             liberty
             ,
             would
             yet
             be
             proper
             to
             every
             one
             ;
             &
             therefore
             without
             injury
             could
             not
             be
             invaded
             by
             another
             ,
             to
             make
             use
             of
             what
             is
             common
             ,
             and
             spend
             as
             much
             as
             may
             suffice
             nature
             ,
             would
             be
             the
             right
             of
             the
             occupant
             ,
             which
             right
             ,
             none
             could
             without
             injury
             take
             away
             .
             And
             this
             is
             proved
             by
             that
             Battle
             of
             Abraham
             with
             the
             four
             Kings
             ,
             who
             took
             Arms
             without
             any
             Commission
             from
             GOD
             ,
             and
             yet
             was
             approved
             by
             him
             ;
             therefore
             the
             Law
             of
             Nature
             was
             his
             warrant
             ,
             whose
             Wisedom
             was
             no
             less
             emineut
             then
             his
             Sanctity
             ,
             even
             by
             the
             report
             of
             
               Heathens
               ,
               Berosus
            
             and
             Orpheus
             ;
             nor
             is
             the
             same
             repugnant
             to
             the
             Hebrew
             Law
             or
             Gospell
             ,
             as
             the
             same
             is
             most
             excellently
             proved
             by
             the
             
               Incomparable
               Grotius
            
             .
             *
          
           
             XVIII
             .
             On
             the
             other
             hand
             ,
             the
             fear
             of
             uncertain
             danger
             ,
             as
             building
             of
             Forts
             ,
             Castles
             and
             Ships
             ,
             and
             the
             like
             ,
             though
             the
             former
             be
             on
             Frontiers
             ,
             the
             refusing
             of
             Wives
             (
             when
             others
             may
             be
             had
             )
             the
             changing
             of
             Countreys
             either
             barren
             or
             Morish
             ,
             for
             more
             fertile
             or
             healthfull
             ,
             which
             may
             justly
             be
             done
             :
             as
             the
             case
             of
             the
             Old
             Germans
             ,
             as
             Tacitus
             relates
             ;
             so
             likewise
             to
             pretend
             a
             Tittle
             to
             a
             Land
             because
             it
             was
             never
             found
             out
             or
             heard
             of
             before
             ,
             that
             is
             if
             the
             same
             be
             held
             by
             a
             People
             that
             are
             under
             a
             Government
             ;
             nay
             ,
             though
             the
             Government
             be
             wicked
             or
             think
             amiss
             of
             GOD
             ,
             or
             be
             of
             a
             dull
             wit
             ;
             for
             invention
             is
             of
             those
             things
             that
             belong
             to
             none
             ,
             for
             neither
             is
             Moral
             Virtue
             or
             Religious
             ,
             or
             Perfection
             of
             Understanding
             required
             to
             Dominion
             ;
             
             but
             yet
             if
             a
             new
             Place
             or
             Land
             shall
             be
             discovered
             ,
             in
             which
             are
             a
             People
             altogether
             destitute
             of
             the
             use
             of
             Reason
             ,
             such
             have
             no
             Dominion
             ,
             but
             out
             of
             Charity
             only
             is
             due
             unto
             them
             what
             is
             necessary
             for
             life
             ;
             for
             such
             are
             accounted
             as
             Infants
             or
             Mad-Men
             ,
             whose
             right
             or
             property
             is
             transferred
             ,
             that
             is
             the
             use
             of
             the
             same
             ,
             according
             to
             the
             Laws
             of
             Nations
             ,
             in
             such
             case
             a
             charitable
             War
             may
             be
             commenc't
             .
             
          
           
             XVIII
             .
             To
             prevent
             all
             the
             sad
             calamities
             that
             must
             inevitably
             follow
             the
             ungoverned
             hand
             in
             War
             ,
             Faith
             must
             by
             all
             means
             be
             laboured
             for
             ;
             for
             by
             that
             ,
             
             not
             only
             every
             Common-wealth
             is
             conserved
             ,
             but
             also
             that
             greater
             Society
             even
             of
             Nations
             ,
             that
             once
             being
             taken
             away
             ,
             then
             farewell
             Commerce
             ,
             for
             that
             must
             be
             then
             taken
             away
             from
             Man
             ;
             for
             Faith
             is
             the
             most
             Sacred
             thing
             that
             is
             seated
             in
             the
             breast
             of
             Man
             ,
             and
             is
             so
             much
             more
             religiously
             to
             be
             kept
             by
             the
             Supream
             Rulers
             of
             the
             World
             ;
             by
             how
             much
             more
             they
             are
             exempted
             from
             the
             punishment
             of
             their
             sins
             here
             then
             other
             Men
             ,
             take
             away
             Faith
             ,
             and
             then
             Man
             to
             Man
             ,
             would
             be
             as
             
               Mr.
               Hobbs
            
             observes
             ,
             even
             wolves
             ;
             and
             the
             more
             are
             Kings
             to
             embrace
             it
             ,
             first
             for
             Conscience
             ,
             and
             then
             for
             Faith
             and
             Credit
             sake
             ,
             upon
             which
             depends
             the
             authority
             of
             their
             Government
             .
             The
             Ambassadors
             of
             Justinian
             ,
             
             addressed
             their
             Seepch
             to
             Chosroes
             after
             this
             manner
             ,
             
               Did
               we
               not
               see
               yout
               here
               with
               our
               own
               eyes
               ,
               and
               pronounce
               these
               words
               in
               your
               ears
               ,
               we
               should
               never
               have
               believed
               that
               Chosroes
               the
               Son
               of
               Cabades
               ,
               would
               bring
               his
               Army
               ,
               and
               enter
               forceably
               into
               the
               Roman
               bounds
               ,
               contrary
               to
               his
               League
               ,
               the
               only
               hope
               left
               to
               those
               that
               are
               afflicted
               with
               War
               ;
               for
               what
               is
               this
               ,
               but
               to
               change
               the
               Life
               of
               Men
               into
               the
               life
               of
               wild
               Beasts
               ?
               take
               away
               Leagues
               ,
               and
               there
               will
               be
               eternall
               wars
               ,
               and
               wars
               without
               end
               will
               have
               this
               effect
               to
               put
               Men
               besides
               themselves
               ,
               and
               divest
               them
               of
               their
               Nature
               .
            
             If
             then
             a
             safe
             Peace
             may
             be
             had
             ,
             it
             is
             well
             worth
             the
             releasing
             of
             all
             or
             many
             of
             the
             injuries
             ,
             losses
             and
             charges
             ;
             according
             to
             that
             in
             
               Aritotle
               ,
               Better
               it
               is
               to
               yield
               some
               of
               our
               goods
               to
               those
               that
               are
               more
               potent
               ,
               then
               contend
               with
               them
               ,
               and
               loose
               all
               :
            
             for
             the
             common
             chances
             of
             war
             must
             be
             considered
             ,
             which
             if
             so
             ,
             the
             scope
             of
             the
             principall
             part
             of
             this
             First
             Book
             may
             be
             avoided
             ,
             and
             we
             let
             into
             that
             of
             Traffique
             and
             Commerce
             .
          
           
             The
             end
             of
             the
             First
             Book
             .
          
        
      
       
         
         
           
             CHAP.
             I.
             Of
             the
             various
             Rights
             and
             Obligations
             of
             Owners
             and
             
               Partners
               of
               Ships
            
             in
             cases
             private
             .
          
           
             
               
                 
                   I.
                   Of
                   Navigation
                   in
                   general
                   .
                
                 
                   II.
                   Of
                   Owners
                   their
                   several
                   Powers
                   over
                   those
                   Vessels
                   they
                   are
                   Partners
                   in
                   .
                
                 
                   III.
                   Where
                   Ships
                   are
                   obliged
                   to
                   make
                   a
                   Voyage
                   before
                   they
                   can
                   be
                   sold
                   ;
                   and
                   what
                   may
                   be
                   done
                   when
                   part
                   protest
                   against
                   a
                   Voyage
                   .
                
                 
                   IV.
                   The
                   Master
                   how
                   brought
                   in
                   by
                   the
                   Owners
                   ,
                   and
                   the
                   reason
                   why
                   in
                   such
                   a
                   manner
                   .
                
                 
                   V.
                   Where
                   the
                   Owners
                   ought
                   to
                   be
                   repaired
                   for
                   the
                   Damages
                   of
                   the
                   Master
                   .
                
                 
                   VI.
                   Where
                   Ships
                   broke
                   in
                   pieces
                   determine
                   the
                   Partnership
                   as
                   to
                   the
                   Vessel
                   ;
                   and
                   where
                   not
                   .
                
                 
                   VII
                   .
                   Where
                   a
                   Ship
                   shall
                   be
                   the
                   Builders
                   ,
                   and
                   where
                   onely
                   his
                   whose
                   Materials
                   she
                   was
                   erected
                   with
                   .
                
                 
                   VIII
                   .
                   Where
                   Property
                   of
                   the
                   Vessel
                   altered
                   changes
                   not
                   that
                   of
                   the
                   Boat.
                   
                
                 
                   IX
                   .
                   A
                   Ship
                   for
                   the
                   act
                   of
                   Pyracy
                   becomes
                   forfeited
                   ;
                   yet
                   if
                   
                     bona
                     fide
                  
                   sold
                   ,
                   where
                   the
                   Property
                   may
                   be
                   questioned
                   .
                
                 
                   X.
                   Moneys
                   borrowed
                   by
                   the
                   Master
                   ,
                   where
                   the
                   same
                   obliges
                   the
                   Owners
                   ,
                   and
                   where
                   not
                   .
                
                 
                   XI
                   .
                   Where
                   he
                   that
                   obtains
                   an
                   unlawful
                   possession
                   of
                   a
                   Ship
                   ,
                   shall
                   answer
                   the
                   full
                   Freight
                   to
                   the
                   Owners
                   .
                
                 
                   XII
                   .
                   And
                   where
                   the
                   Owners
                   shall
                   have
                   their
                   Freight
                   though
                   they
                   l●…ss
                   their
                   Lading
                   .
                
              
            
          
           
             I.
             IN
             the
             precedent
             Book
             having
             observed
             something
             of
             the
             Rights
             of
             Persons
             and
             of
             Things
             in
             a
             state
             of
             Nature
             ,
             and
             how
             necessarily
             they
             came
             at
             first
             to
             be
             appropriated
             ,
             and
             how
             equitably
             they
             are
             now
             continued
             in
             the
             possession
             of
             those
             to
             whom
             they
             are
             consigned
             by
             the
             donation
             of
             others
             ,
             and
             maintained
             or
             destroyed
             by
             the
             equity
             of
             those
             various
             Lawes
             which
             rules
             and
             governs
             them
             ,
             all
             which
             is
             justified
             by
             the
             Scripture
             it self
             ;
             It
             may
             not
             now
             seem
             improper
             to
             examine
             the
             
               private
               causes
            
             changing
             the
             same
             ,
             and
             of
             the
             contingencies
             and
             advantages
             that
             wait
             on
             that
             which
             we
             properly
             call
             Commerce
             .
          
           
             The
             Great
             Creator
             no
             sooner
             had
             finished
             his
             Mighty
             Work
             ,
             and
             given
             Man
             that
             Dominion
             which
             he
             now
             enjoyes
             as
             well
             over
             the
             Fish
             in
             the
             Seas
             ,
             as
             the
             Beasts
             in
             
             the
             Field
             ,
             he
             was
             not
             forgetful
             of
             bestowing
             on
             him
             those
             things
             which
             were
             necessary
             for
             the
             government
             and
             support
             of
             the
             same
             ,
             creating
             at
             the
             same
             time
             Trees
             which
             grow
             as
             it
             were
             spontaneously
             into
             Vessels
             and
             Canoes
             ,
             which
             wanted
             nothing
             but
             launching
             forth
             to
             render
             them
             useful
             for
             his
             accommodation
             ,
             which
             afterwards
             he
             by
             his
             divine
             Genius
             (
             inspired
             by
             that
             Mighty
             One
             )
             finding
             Materials
             ,
             hath
             since
             so
             Compleated
             and
             Equipt
             as
             to
             render
             it
             the
             most
             beautiful
             and
             stupendious
             Creature
             (
             not
             improperly
             so
             called
             )
             that
             the
             whole
             World
             can
             produce
             ,
             which
             being
             not
             retarded
             by
             lett
             of
             Winds
             ,
             or
             other
             contingent
             Accidents
             ,
             submits
             it self
             to
             plow
             the
             unknown
             paths
             of
             that
             vast
             Element
             ,
             to
             brave
             all
             Encounters
             of
             Waves
             and
             Rocks
             ,
             to
             fathom
             and
             survey
             the
             vast
             emensities
             of
             the
             very
             World
             it self
             ,
             to
             People
             ,
             Cultivate
             and
             Civilize
             uninhabited
             and
             Barbarous
             Regions
             ,
             and
             to
             proclaim
             to
             the
             Universe
             the
             Wonders
             of
             the
             Architect
             ,
             the
             Skill
             of
             the
             Pilot
             ,
             and
             above
             all
             ,
             the
             Benefits
             of
             Commerce
             ,
             so
             that
             it
             is
             no
             wonder
             at
             this
             day
             to
             find
             Nations
             contending
             who
             should
             surpass
             each
             other
             in
             the
             Art
             of
             Navigation
             ,
             and
             to
             Monopolize
             if
             possible
             the
             very
             Commerce
             and
             Trade
             of
             the
             World
             into
             their
             hands
             ;
             and
             that
             ,
             all
             by
             the
             means
             of
             this
             most
             Excellent
             Fabrick
             .
          
           
             II.
             Hence
             it
             is
             ,
             that
             Ships
             and
             Vessels
             of
             that
             kind
             being
             
             originally
             invented
             for
             use
             and
             profit
             ,
             not
             for
             pleasure
             and
             delight
             ,
             to
             plow
             the
             Seas
             ,
             not
             to
             lye
             by
             the
             walls
             ,
             to
             supply
             those
             of
             the
             Mountains
             as
             well
             as
             those
             on
             the
             Sea
             Coasts
             .
          
           
             Therefore
             upon
             any
             probable
             design
             the
             major
             part
             of
             the
             Owners
             may
             even
             
               against
               the
               consent
            
             though
             not
             without
             the
             privity
             and
             knowledge
             of
             the
             rest
             ,
             Freight
             out
             their
             Vessel
             to
             Sea.
             
          
           
             If
             it
             should
             so
             fall
             out
             that
             the
             major
             part
             protest
             against
             the
             Voyage
             ,
             and
             but
             one
             left
             that
             is
             for
             the
             Voyage
             ,
             yet
             the
             same
             may
             be
             effected
             by
             that
             party
             ,
             especially
             if
             there
             be
             equality
             in
             Partnership
             .
          
           
             III.
             Owners
             by
             Law
             can
             no
             wayes
             be
             obliged
             to
             
             continue
             their
             paction
             or
             partnership
             without
             sundering
             ;
             but
             yet
             if
             they
             will
             sunder
             ,
             the
             
               Law
               Maritime
            
             requires
             some
             considerations
             to
             be
             performed
             before
             they
             can
             so
             do
             .
          
           
           
             And
             therefore
             if
             the
             Ship
             be
             newly
             built
             and
             never
             
             yet
             made
             a
             Voyage
             ,
             or
             is
             newly
             bought
             ,
             she
             ought
             to
             be
             subject
             to
             one
             Voyage
             upon
             the
             common
             outread
             and
             hazard
             ,
             before
             any
             of
             the
             Owners
             shall
             be
             heard
             to
             sunder
             and
             discharge
             their
             parts
             .
          
           
             If
             it
             falls
             out
             that
             one
             is
             so
             obstinate
             that
             his
             consent
             
             cannot
             be
             had
             ,
             yet
             the
             Law
             will
             enforce
             him
             either
             to
             hold
             ,
             or
             to
             sell
             his
             proportion
             ;
             but
             if
             he
             will
             set
             no
             price
             ,
             the
             rest
             may
             outrigg
             her
             at
             their
             own
             costs
             and
             charges
             ,
             and
             whatsoever
             Freight
             she
             earns
             ,
             he
             is
             not
             to
             have
             any
             share
             or
             benefit
             in
             the
             same
             .
             But
             if
             such
             Vessel
             happens
             
             to
             miscarry
             or
             be
             cast
             away
             ,
             the
             rest
             must
             answer
             him
             his
             part
             or
             proportion
             in
             the
             Vessel
             .
          
           
             But
             if
             it
             should
             fall
             out
             that
             the
             major
             part
             of
             the
             
             Owners
             refuse
             to
             set
             out
             the
             Vessel
             to
             Sea
             ,
             there
             by
             reason
             of
             the
             unequality
             they
             may
             not
             be
             compelled
             ,
             but
             then
             such
             Vessel
             is
             to
             be
             valued
             and
             sold
             ;
             The
             like
             where
             part
             of
             the
             Owners
             become
             deficient
             or
             unable
             to
             set
             her
             forth
             to
             Sea.
             
          
           
             IV.
             The
             Master
             of
             the
             Vessel
             is
             elegable
             by
             the
             part-Owners
             not
             by
             the
             majority
             ,
             yet
             he
             that
             is
             most
             able
             is
             
             to
             be
             preferred
             ;
             The
             wisdome
             of
             the
             later
             Ages
             have
             been
             such
             ,
             that
             few
             have
             gone
             out
             in
             that
             condition
             ,
             but
             those
             as
             have
             commonly
             had
             shares
             or
             parts
             in
             the
             same
             Vessel
             .
             In
             the
             preferring
             therefore
             of
             a
             Master
             ,
             his
             Ability
             and
             Honesty
             is
             to
             be
             considered
             ,
             since
             on
             him
             rests
             the
             charge
             not
             onely
             of
             the
             Vessel
             ,
             but
             of
             the
             Lading
             ;
             their
             very
             Actions
             subiecting
             the
             Owners
             †
             to
             answer
             for
             all
             damage
             that
             shall
             be
             sustained
             by
             him
             or
             his
             Marriners
             ,
             
             be
             it
             in
             Port
             or
             at
             Sea
             ,
             to
             the
             Lading
             or
             Goods
             of
             the
             Merchants
             or
             Laders
             ,
             and
             they
             are
             made
             lyable
             as
             well
             by
             the
             Common
             Lawes
             *
             of
             England
             ,
             as
             the
             Law
             Maritime
             .
             †
          
           
             V.
             If
             the
             Master
             commits
             offences
             either
             negligently
             or
             wilfully
             ,
             he
             shall
             be
             responsible
             over
             to
             his
             Owners
             for
             the
             repairation
             of
             damage
             ;
             nor
             are
             they
             bound
             to
             joyn
             ,
             but
             may
             sever
             and
             sue
             apart
             as
             well
             by
             the
             Common
             
             Law
             †
             as
             the
             Maritime
             ;
             So
             likewise
             if
             the
             Ship
             hath
             earned
             Freight
             ,
             and
             part
             of
             them
             receive
             their
             parts
             ,
             the
             rest
             may
             bring
             their
             Action
             for
             their
             share
             without
             joyning
             with
             the
             other
             .
          
           
             VI.
             If
             a
             Ship
             be
             borke
             up
             or
             taken
             in
             pieces
             ,
             with
             an
             
             intent
             to
             convert
             the
             same
             to
             other
             uses
             ;
             if
             afterwards
             upon
             advice
             or
             change
             of
             mind
             ,
             she
             be
             rebuilt
             with
             the
             same
             Materialls
             ,
             yet
             this
             is
             now
             another
             ,
             and
             not
             the
             same
             Ship
             ;
             especially
             if
             the
             Keel
             be
             ript
             up
             or
             changed
             ,
             and
             the
             whole
             Ship
             be
             once
             all
             taken
             a
             sunder
             and
             rebuilt
             ,
             
             there
             determines
             the
             Partnership
             quoad
             as
             to
             the
             Ship.
             But
             if
             a
             Ship
             be
             ript
             up
             in
             parts
             ,
             and
             taken
             a
             sunder
             in
             parts
             and
             repaired
             in
             parts
             ,
             yet
             she
             remains
             still
             the
             same
             Vessel
             and
             not
             another
             ,
             nay
             though
             she
             hath
             been
             so
             often
             repaired
             that
             there
             remains
             not
             one
             stick
             of
             the
             Original
             Fabrick
             .
          
           
             VII
             .
             If
             a
             man
             shall
             repair
             his
             Ship
             with
             Plank
             or
             other
             
             Materialls
             belonging
             to
             another
             ,
             yet
             the
             Ship
             maintaines
             and
             keeps
             her
             first
             Owners
             .
          
           
             But
             if
             a
             man
             shall
             take
             Plank
             and
             Materialls
             belonging
             to
             another
             and
             prepared
             for
             the
             use
             of
             Shipping
             ,
             and
             with
             
             them
             build
             a
             Ship
             ,
             the
             property
             of
             the
             Vessel
             followes
             the
             Owners
             of
             the
             Materialls
             ,
             and
             not
             the
             builder
             .
          
           
             But
             if
             a
             man
             cuts
             down
             the
             trees
             of
             another
             ,
             or
             takes
             
             Timber
             or
             Planks
             prepared
             for
             the
             erecting
             or
             repairing
             of
             a
             dwelling
             house
             ,
             nay
             though
             some
             of
             them
             are
             for
             Shipping
             ,
             and
             builds
             a
             Ship
             ,
             the
             property
             follows
             not
             the
             Owners
             but
             the
             Builders
             .
          
           
             VIII
             .
             If
             a
             Ship
             be
             sold
             together
             with
             her
             tackle
             ,
             furniture
             ,
             apparel
             ,
             and
             all
             other
             her
             instruments
             thereunto
             
             belonging
             ,
             yet
             by
             those
             words
             the
             Ships
             boat
             is
             not
             conveyed
             ,
             but
             that
             remains
             still
             in
             the
             Owners
             ;
             so
             it
             is
             if
             the
             Ship
             be
             freighted
             out
             ,
             and
             afterwards
             at
             Sea
             ,
             she
             commits
             Piracy
             ,
             the
             Ship
             is
             forfeited
             ,
             but
             the
             Boat
             remaines
             still
             to
             the
             Owners
             .
             *
          
           
             IX
             .
             If
             a
             Ship
             commits
             Piracy
             by
             reason
             of
             which
             ,
             she
             becomes
             
             forfeited
             ,
             if
             before
             seizure
             she
             be
             Bona-fide
             sold
             ,
             the
             property
             shall
             not
             be
             questioned
             ,
             nor
             the
             Owners
             divested
             of
             the
             same
             .
          
           
           
             X.
             If
             a
             Master
             shall
             take
             up
             Monys
             to
             mend
             or
             Victual
             
             his
             Ship
             where
             there
             is
             no
             occasion
             ,
             (
             though
             generally
             the
             Owners
             shall
             answer
             the
             fact
             of
             the
             Master
             ,
             )
             yet
             here
             they
             shall
             not
             ,
             but
             onely
             the
             Master
             .
             But
             if
             there
             were
             cause
             of
             mending
             the
             Ship
             ,
             though
             the
             Master
             spend
             the
             Mony
             another
             way
             ,
             yet
             the
             Owner
             and
             Ship
             become
             lyable
             to
             
             the
             satisfaction
             of
             the
             Creditor
             ;
             for
             it
             were
             very
             unreasonable
             that
             the
             Creditor
             should
             be
             bound
             to
             take
             upon
             him
             the
             care
             of
             the
             repairing
             the
             Ship
             ,
             and
             supply
             the
             Owners
             roome
             ,
             which
             must
             be
             so
             if
             it
             should
             be
             necessary
             for
             him
             ,
             to
             prove
             that
             the
             money
             was
             laid
             out
             upon
             the
             Ship
             ;
             so
             on
             the
             other
             hand
             ,
             it
             stands
             with
             reason
             that
             he
             be
             sure
             that
             he
             lends
             his
             money
             on
             such
             an
             occasion
             ,
             as
             whereby
             the
             Masters
             fact
             may
             oblige
             the
             Owners
             ,
             which
             he
             can
             not
             do
             otherwise
             ,
             unless
             he
             knows
             that
             the
             money
             borrowed
             was
             necessary
             for
             the
             repair
             of
             the
             Ship
             ,
             and
             therefore
             
             if
             the
             Ship
             wanted
             some
             repairs
             ,
             and
             a
             far
             greater
             and
             Extravagant
             sum
             was
             lent
             then
             was
             needful
             ,
             the
             Owners
             shall
             not
             be
             lyable
             for
             the
             whole
             .
             
          
           
             II.
             If
             a
             man
             gets
             possession
             of
             a
             Ship
             having
             no
             Title
             to
             the
             same
             ,
             by
             the
             Law
             Maritime
             he
             shall
             answer
             such
             damage
             as
             the
             Ship
             in
             all
             probability
             might
             have
             earned
             ;
             and
             the
             reason
             of
             that
             is
             ,
             because
             the
             onely
             end
             of
             Shipping
             is
             the
             imployment
             thereof
             .
          
           
             XII
             .
             A
             Ship
             is
             Freighted
             out
             ,
             accordingly
             she
             receives
             
             in
             her
             lading
             pursuant
             to
             agreement
             ,
             afterwards
             an
             Embargo
             happens
             ,
             and
             the
             lading
             is
             taken
             as
             forfeited
             ,
             yet
             the
             Owners
             shall
             notwithstanding
             receive
             Freight
             ,
             for
             here
             is
             no
             fault
             in
             them
             ,
             but
             only
             in
             the
             Merchant
             .
          
           
             Thus
             men
             from
             their
             Necessity
             and
             Safety
             having
             from
             hollow
             Trees
             ,
             nay
             Reeds
             ,
             Twiggs
             and
             Leather
             (
             for
             such
             were
             the
             rude
             beginnings
             of
             those
             stupendious
             things
             we
             now
             admire
             )
             advanced
             the
             Art
             to
             that
             degree
             ,
             as
             to
             render
             it
             now
             the
             most
             usefullest
             thing
             extant
             ;
             and
             as
             the
             Mathematiques
             ,
             Astronomy
             ,
             and
             other
             Sciences
             hath
             added
             to
             its
             security
             ,
             so
             hath
             succeeding
             Ages
             from
             time
             to
             time
             provided
             Priviledges
             and
             Laws
             by
             which
             it
             hath
             alwayes
             been
             regulated
             and
             governed
             ,
             the
             which
             upon
             all
             occasions
             ,
             and
             in
             all
             Courts
             hath
             generally
             had
             a
             genuine
             construction
             as
             near
             as
             might
             be
             to
             the
             Marine
             Customes
             ;
             and
             therefore
             at
             this
             day
             if
             a
             Ship
             be
             taken
             away
             or
             the
             Owners
             dispossest
             ,
             they
             may
             maintain
             an
             Action
             of
             Trover
             and
             Conversion
             for
             8th
             or
             16th
             part
             of
             the
             same
             ,
             as
             well
             by
             the
             Common
             Laws
             of
             this
             Kingdome
             ,
             as
             the
             Law
             Maritime
             .
          
        
         
           
           
             CHAP.
             II.
             Masters
             of
             Ships
             their
             Actions
             considered
             in
             reference
             to
             cases
             private
             and
             publique
             .
          
           
             
               
                 
                   I.
                   A
                   Master
                   or
                   Skipper
                   his
                   Condition
                   considered
                   in
                   reference
                   to
                   his
                   Interest
                   and
                   Authority
                   generally
                   .
                
                 
                   II.
                   Of
                   Goods
                   lost
                   or
                   imbezelled
                   ,
                   or
                   any
                   other
                   detriment
                   happens
                   in
                   a
                   Port
                   ,
                   who
                   shall
                   answer
                   .
                
                 
                   III.
                   The
                   Duty
                   of
                   
                     Masters
                     of
                     Ships
                  
                   ,
                   as
                   if
                   they
                   shall
                   s●…t
                   Sayl
                   after
                   an
                   Imbargo
                   ,
                   who
                   shall
                   answer
                   .
                
                 
                   IV.
                   And
                   of
                   faults
                   ascribed
                   to
                   him
                   before
                   departure
                   in
                   Tempestuous
                   weather
                   ,
                   staying
                   in
                   Port.
                   &c.
                   
                
                 
                   V.
                   Over-charging
                   or
                   over-lading
                   the
                   Ship
                   above
                   the
                   birth-mark
                   ,
                   or
                   receit
                   of
                   such
                   persons
                   a
                   Ship-board
                   as
                   may
                   hazard
                   the
                   Lading
                   .
                
                 
                   VI.
                   Of
                   Lading
                   aboard
                   in
                   the
                   Ships
                   of
                   Enemies
                   ,
                   his
                   own
                   proving
                   disabled
                   .
                
                 
                   VII
                   .
                   Of
                   shipping
                   of
                   Goods
                   elsewhere
                   then
                   at
                   the
                   publique
                   Ports
                   or
                   Keyes
                   ,
                   and
                   of
                   taking
                   in
                   prohibited
                   Goods
                   .
                
                 
                   VIII
                   .
                   Of
                   wearing
                   unlawful
                   Colours
                   or
                   Flaggs
                   ;
                   and
                   of
                   yielding
                   up
                   his
                   Ship
                   Cowardly
                   if
                   assaulted
                   ,
                   where
                   lyable
                   ,
                   and
                   where
                   excused
                   .
                
                 
                   IX
                   .
                   Of
                   carrying
                   fictitious
                   Cocquets
                   and
                   Papers
                   ,
                   and
                   refusing
                   payment
                   of
                   Customes
                   and
                   Duties
                   .
                
                 
                   X.
                   Of
                   setting
                   Sayl
                   with
                   insufficient
                   Tackle
                   ,
                   and
                   of
                   taking
                   in
                   and
                   delivering
                   out
                   with
                   the
                   like
                   ,
                   and
                   of
                   his
                   Charge
                   of
                   Goods
                   till
                   safely
                   delivered
                   .
                
                 
                   XI
                   .
                   Of
                   departing
                   without
                   giving
                   Notice
                   to
                   the
                   Customer
                   .
                
                 
                   XII
                   .
                   Of
                   Faults
                   committed
                   by
                   Masters
                   and
                   Skippers
                   at
                   Sea.
                   
                
                 
                   XIII
                   .
                   Rules
                   in
                   Law
                   in
                   the
                   Charging
                   him
                   for
                   Reparation
                   of
                   Damage
                   .
                
                 
                   XIV
                   .
                   Of
                   the
                   Power
                   and
                   Authority
                   that
                   the
                   Master
                   hath
                   in
                   disposing
                   Hipochicating
                   or
                   pledging
                   the
                   Ship
                   ,
                   Furniture
                   and
                   Lading
                   .
                
                 
                   XV.
                   Where
                   Masters
                   are
                   disabled
                   though
                   in
                   necessity
                   to
                   Impawn
                   the
                   Vessel
                   .
                
                 
                   XVI
                   .
                   Where
                   they
                   may
                   dispose
                   of
                   Vessel
                   and
                   Lading
                   ,
                   and
                   where
                   not
                   .
                
                 
                   XVII
                   .
                   What
                   Vessels
                   and
                   Marriners
                   the
                   Master
                   must
                   have
                   for
                   Importing
                   in
                   or
                   Exporting
                   out
                   of
                   his
                   Majesties
                   Plantations
                   in
                   
                     Asia
                     ,
                     Affrica
                  
                   and
                   America
                   .
                
                 
                   XVIII
                   .
                   What
                   Ships
                   may
                   go
                   from
                   Port
                   to
                   Port
                   in
                   England
                   .
                
                 
                   XIX
                   .
                   Ships
                   not
                   to
                   import
                   the
                   Goods
                   of
                   any
                   Country
                   but
                   of
                   that
                   from
                   whence
                   they
                   are
                   brought
                   .
                
                 
                   XX.
                   What
                   time
                   the
                   Master
                   shall
                   be
                   coming
                   up
                   after
                   arrived
                   at
                   Gravesend
                   ,
                   or
                   at
                   any
                   other
                   Port
                   within
                   the
                   Realm
                   ,
                   in
                   order
                   to
                   his
                   discharge
                   .
                
                 
                   XXI
                   .
                   Of
                   going
                   from
                   Port
                   to
                   Port
                   within
                   the
                   Realm
                   how
                   provided
                   .
                
                 
                   XXII
                   .
                   Of
                   Goods
                   prohibited
                   to
                   be
                   imported
                   from
                   Netherlands
                   or
                   Germany
                   in
                   any
                   Ships
                   whatsoever
                   .
                
              
            
          
           
           
             I.
             A
             Master
             of
             a
             Ship
             is
             no
             more
             then
             one
             who
             for
             his
             knowledg
             in
             Navigation
             ,
             fidelity
             &
             discretion
             ,
             hath
             the
             Government
             of
             the
             Ship
             committed
             to
             his
             care
             and
             management
             ,
             and
             by
             the
             
               Common
               Law
            
             ,
             by
             which
             properties
             
             are
             to
             be
             guided
             ,
             he
             hath
             no
             property
             either
             general
             or
             special
             ,
             by
             the
             constituting
             of
             him
             a
             Master
             ;
             yet
             the
             Law
             
             looks
             upon
             him
             as
             an
             Officer
             ,
             who
             must
             render
             and
             give
             an
             account
             for
             the
             whole
             charge
             when
             once
             committed
             to
             his
             care
             and
             custody
             ,
             and
             upon
             failer
             to
             render
             satisfaction
             ,
             and
             therefore
             if
             misfortunes
             happens
             ,
             if
             they
             be
             either
             through
             negligence
             ,
             wilfulness
             ,
             or
             ignorance
             of
             himself
             or
             his
             Mariners
             ,
             he
             must
             be
             responsible
             .
          
           
             II.
             If
             the
             fault
             be
             commited
             in
             any
             Port
             ,
             Haven
             ,
             River
             or
             Creek
             ,
             or
             any
             other
             place
             which
             is
             
               infra
               Corpus
               Comitatus
            
             ,
             the
             Common
             Law
             shall
             have
             Jurisdiction
             to
             answer
             the
             party
             damnified
             and
             not
             the
             Admiralty
             ,
             *
             but
             if
             
             the
             same
             be
             committed
             
               super
               altum
               mare
            
             ,
             the
             Admiralty
             shall
             have
             Jurisdiction
             of
             the
             same
             ;
             yet
             if
             it
             be
             on
             a
             place
             where
             there
             is
             
               divisum
               imperium
            
             ,
             then
             according
             to
             the
             flux
             or
             reflux
             the
             Admiralty
             may
             challenge
             ,
             the
             other
             of
             Common
             right
             belonging
             to
             the
             Common
             Law
             ,
             according
             to
             the
             resolution
             given
             .
          
           
             And
             therefore
             so
             soon
             as
             Merchandises
             and
             other
             Commodities
             are
             put
             aboard
             the
             Ship
             ,
             whether
             she
             be
             riding
             in
             Port
             ,
             Haven
             ,
             or
             any
             other
             part
             of
             the
             Seas
             ,
             he
             that
             is
             
               Exerciter
               Navis
            
             is
             chargeable
             therewith
             ;
             and
             if
             the
             same
             be
             
             there
             lost
             or
             purloyned
             ,
             or
             sustaine
             any
             damage
             ,
             hurt
             or
             loss
             ,
             whether
             in
             the
             Haven
             or
             Port
             before
             ,
             or
             upon
             the
             Seas
             after
             she
             is
             in
             her
             Voyage
             ,
             whether
             it
             be
             by
             Marriners
             or
             by
             any
             other
             through
             their
             permission
             ,
             he
             that
             is
             
               Exercitor
               Navis
            
             must
             answer
             the
             damage
             ,
             for
             that
             the
             very
             lading
             of
             the
             goods
             aboard
             the
             Ship
             does
             Subject
             the
             Master
             to
             answer
             the
             same
             ;
             and
             with
             this
             agrees
             the
             Common
             Law
             ,
             where
             it
             was
             adjudged
             ,
             that
             goods
             being
             sent
             aboard
             a
             Ship
             ,
             and
             the
             Master
             having
             signed
             his
             Bills
             of
             Lading
             for
             the
             same
             ;
             the
             goods
             were
             stowed
             ,
             and
             in
             the
             night
             divers
             persons
             under
             the
             pretence
             that
             they
             were
             Press
             Masters
             entered
             the
             Ship
             and
             rob'd
             her
             of
             those
             
             goods
             ,
             the
             Merchant
             brought
             an
             action
             at
             the
             Common
             Law
             against
             the
             Master
             ,
             and
             the
             Question
             was
             ,
             Whether
             he
             should
             answer
             for
             the
             same
             ?
             for
             it
             was
             alledged
             on
             his
             part
             ,
             That
             there
             was
             no
             default
             or
             negligence
             in
             him
             ,
             for
             he
             had
             a
             sufficient
             guard
             ,
             the
             Goods
             were
             all
             lockt
             up
             under
             hatches
             ,
             the
             Theeves
             came
             as
             Press-Masters
             and
             by
             force
             robb'd
             the
             Ship
             ,
             and
             that
             the
             same
             was
             
               vis
               major
            
             ,
             *
             and
             that
             he
             could
             not
             have
             prevented
             the
             same
             ;
             And
             lastly
             ,
             That
             though
             he
             was
             called
             Master
             or
             
               Exercitor
               navis
            
             ,
             yet
             he
             had
             no
             share
             in
             the
             Ship
             ,
             and
             was
             but
             
             in
             the
             nature
             of
             a
             Servant
             acting
             for
             a
             Salary
             .
             But
             notwithstanding
             it
             was
             adjudged
             for
             the
             Plaintiff
             ,
             for
             at
             his
             peril
             he
             must
             see
             that
             all
             things
             be
             forth-coming
             that
             are
             delivered
             to
             him
             ,
             let
             what
             accident
             will
             happen
             ,
             (
             the
             Act
             of
             God
             ,
             or
             an
             Enemy
             onely
             excepted
             )
             but
             for
             Fire
             ,
             Theeves
             and
             the
             like
             ,
             he
             must
             answer
             ,
             and
             is
             in
             the
             nature
             of
             a
             Common
             Carryer
             ;
             and
             that
             though
             he
             receives
             a
             Sallary
             ,
             yet
             he
             is
             a
             known
             and
             publique
             
             Officer
             ,
             and
             one
             that
             the
             Law
             looks
             upon
             to
             answer
             ,
             and
             that
             the
             Plaintiff
             hath
             his
             Election
             to
             charge
             either
             Master
             or
             Owners
             ,
             or
             both
             at
             his
             pleasure
             ,
             but
             can
             have
             but
             one
             satisfaction
             .
          
           
             If
             a
             Master
             shall
             receive
             Goods
             at
             the
             Wharf
             or
             Key
             ,
             or
             shall
             send
             his
             Boat
             for
             the
             same
             ,
             and
             they
             happen
             to
             
             be
             lost
             ,
             he
             shall
             likewise
             answer
             both
             by
             the
             Maritime
             Law
             and
             the
             Common
             Law.
             
          
           
             III.
             If
             Goods
             are
             laden
             a
             board
             ,
             and
             after
             an
             Embargo
             
             or
             Restraint
             from
             the
             Prince
             or
             State
             he
             breaks
             ground
             ,
             or
             endeavours
             to
             sayl
             away
             ,
             if
             any
             damage
             accrues
             he
             must
             be
             responsible
             for
             the
             same
             .
             The
             reason
             is
             ,
             because
             his
             Freight
             is
             due
             and
             must
             be
             paid
             ,
             nay
             although
             the
             very
             Goods
             be
             seized
             as
             
               bona
               contra
               bandos
            
             .
          
           
             IV.
             He
             must
             not
             sayl
             in
             Tempestuous
             weather
             ,
             nor
             put
             forth
             to
             Sea
             without
             having
             first
             consulted
             with
             his
             company
             ;
             †
             Nor
             must
             he
             stay
             in
             Port
             or
             Harbour
             without
             just
             cause
             when
             a
             fair
             wind
             invites
             his
             departure
             .
          
           
           
             V.
             He
             must
             not
             over-charge
             or
             lade
             his
             Ship
             above
             the
             birth-mark
             ,
             or
             take
             into
             his
             Ship
             any
             persons
             of
             an
             obscure
             and
             unknown
             condition
             without
             Letters
             of
             safe
             conduct
             .
          
           
             VI.
             Nor
             ought
             he
             to
             lade
             any
             of
             his
             Merchants
             Goods
             
             aboard
             any
             of
             the
             Kings
             Enemies
             Ships
             ,
             (
             admitting
             his
             own
             Vessel
             leaky
             or
             disabled
             )
             without
             Letters
             of
             safe
             
             Conduct
             ,
             otherwise
             the
             same
             may
             be
             made
             prize
             ,
             and
             he
             must
             answer
             the
             damage
             that
             follows
             the
             action
             .
          
           
             Nor
             shall
             he
             come
             or
             sneak
             into
             the
             Creeks
             or
             other
             places
             when
             laden
             homewards
             ,
             but
             into
             the
             Kings
             great
             Ports
             ,
             (
             unless
             he
             be
             driven
             in
             by
             Tempest
             )
             for
             otherwise
             
             he
             forfeits
             to
             the
             King
             all
             the
             Merchandize
             ,
             and
             therefore
             must
             answer
             .
          
           
             VII
             .
             Nor
             ought
             he
             to
             ship
             any
             Merchandize
             ,
             but
             
             onely
             at
             the
             Publique
             Ports
             and
             Keyes
             .
          
           
             He
             must
             not
             lade
             any
             prohibited
             or
             unlawful
             Goods
             ,
             whereby
             the
             whole
             Cargo
             may
             be
             in
             danger
             of
             Confiscation
             ,
             
             or
             at
             least
             subject
             to
             seizure
             or
             surreption
             .
          
           
             He
             may
             not
             set
             sayl
             without
             able
             and
             sufficient
             Marriners
             both
             for
             quality
             and
             number
             .
          
           
             VIII
             .
             He
             may
             not
             use
             any
             unlawful
             Colours
             ,
             Ensigns
             ,
             Pendants
             ,
             Jacks
             or
             Flaggs
             ,
             *
             whereby
             his
             Ship
             or
             Lading
             may
             incur
             a
             Seizure
             ,
             or
             the
             Cargo
             receive
             any
             detriment
             or
             damage
             .
          
           
             He
             must
             not
             suffer
             the
             Lading
             to
             be
             stolne
             or
             imbezled
             ,
             if
             the
             same
             be
             ,
             he
             must
             be
             responsible
             ,
             unless
             it
             be
             where
             there
             is
             
               vis
               major
            
             ,
             as
             if
             he
             be
             assaulted
             at
             Sea
             either
             by
             Enemies
             ,
             Ships
             of
             Reprize
             ,
             or
             Pyrats
             ,
             there
             if
             no
             fault
             or
             negligence
             was
             in
             him
             ,
             but
             that
             he
             performed
             the
             part
             of
             an
             honest
             faithful
             and
             valiant
             *
             man
             ,
             he
             shall
             be
             excused
             .
             Yet
             it
             hath
             been
             adjudged
             ,
             That
             if
             a
             Merchant-man
             lyes
             in
             a
             Port
             or
             Haven
             ,
             and
             a
             Pyrat
             ,
             Sea
             Rover
             ,
             or
             other
             Thieves
             enter
             her
             and
             over-power
             
             her
             men
             ,
             and
             then
             rob
             her
             ,
             yet
             the
             Master
             must
             be
             responsible
             ;
             but
             if
             an
             Enemy
             enter
             and
             commit
             the
             depridation
             ,
             there
             the
             Master
             is
             excused
             .
          
           
             IX
             .
             He
             must
             not
             carry
             any
             counterfeit
             Cocquets
             or
             other
             fictitious
             and
             colourable
             Ship
             Papers
             to
             involve
             the
             
             Goods
             of
             the
             Innocent
             with
             the
             Nocent
             .
             
          
           
           
             Nor
             must
             he
             refuse
             the
             payment
             of
             the
             just
             and
             Ordinary
             
             Duties
             and
             Port-charges
             ,
             Customes
             and
             Imposts
             ,
             to
             the
             hazard
             of
             any
             part
             of
             his
             Lading
             ;
             yet
             if
             he
             offers
             that
             which
             is
             just
             and
             pertaines
             to
             pay
             ,
             then
             he
             is
             excused
             .
          
           
             X.
             He
             must
             not
             set
             Sail
             with
             insufficient
             Rigging
             or
             
             Tackle
             ,
             or
             with
             other
             or
             fewer
             Cables
             then
             is
             usual
             and
             requisite
             ,
             respect
             being
             had
             to
             the
             burthen
             of
             the
             Vessel
             :
             And
             if
             any
             damage
             happens
             by
             the
             delivery
             of
             the
             goods
             into
             the
             Lighter
             ,
             as
             that
             the
             Ropes
             break
             and
             the
             like
             ,
             there
             he
             must
             answer
             ;
             but
             if
             the
             Lighter
             comes
             to
             the
             Wharf
             or
             Key
             ,
             and
             then
             in
             taking
             up
             the
             goods
             ,
             the
             Rope
             breaks
             ,
             the
             Master
             is
             excused
             ,
             and
             the
             Wharfinger
             is
             liable
             .
             *
          
           
             If
             fine
             goods
             or
             the
             like
             are
             put
             into
             a
             close
             Lighter
             and
             to
             be
             conveyed
             from
             the
             Ship
             to
             the
             Key
             ,
             it
             is
             usual
             there
             the
             Master
             sends
             a
             Competent
             number
             of
             his
             Marriners
             to
             look
             to
             the
             Merchandize
             ,
             if
             then
             any
             of
             the
             goods
             are
             lost
             or
             imbezled
             ,
             the
             Master
             is
             responsible
             *
             and
             not
             the
             Wharfinger
             ;
             but
             if
             such
             goods
             are
             to
             be
             sent
             aboard
             a
             Ship
             ,
             there
             the
             Wharfinger
             at
             his
             peril
             must
             take
             care
             the
             same
             be
             preserved
             .
          
           
             XI
             .
             After
             his
             arrival
             at
             Port
             ,
             he
             ought
             to
             see
             that
             the
             Ship
             be
             well
             moared
             and
             anchored
             ,
             and
             after
             reladed
             not
             to
             depart
             or
             set
             Sail
             till
             he
             hath
             been
             cleared
             ;
             for
             if
             any
             damage
             happens
             by
             reason
             of
             any
             fault
             or
             negligence
             in
             
             him
             or
             his
             Marriners
             ,
             whereby
             the
             Merchant
             or
             the
             Lading
             receives
             any
             damage
             ,
             he
             must
             answer
             the
             same
             .
          
           
             XII
             .
             And
             as
             the
             Law
             ascribes
             these
             things
             and
             many
             more
             to
             him
             as
             faults
             ,
             when
             committed
             by
             him
             or
             his
             Marriners
             ,
             in
             Ports
             ,
             so
             there
             are
             other
             things
             which
             the
             Law
             looks
             upon
             to
             be
             as
             faults
             in
             him
             in
             his
             Voyage
             ,
             when
             done
             .
          
           
             As
             if
             he
             deviates
             in
             his
             course
             without
             just
             cause
             ,
             or
             steers
             a
             dangerous
             and
             unusual
             way
             ,
             when
             he
             may
             have
             a
             
             more
             secure
             passage
             :
             Though
             to
             avoid
             illegal
             impositions
             ,
             he
             may
             somewhat
             change
             his
             course
             ;
             nor
             may
             he
             sail
             by
             places
             infested
             with
             Pyrates
             ,
             Enemies
             ,
             or
             other
             places
             notoriously
             known
             to
             be
             unsafe
             ,
             nor
             engage
             his
             Vessel
             among
             
             Rocks
             or
             remarkable
             Sands
             ,
             being
             thereto
             not
             necessitated
             
             by
             violence
             of
             Wind
             and
             Weather
             ,
             or
             deluded
             by
             false
             lights
             .
          
           
             XIII
             .
             By
             the
             maritime
             Law
             ,
             he
             that
             will
             charge
             a
             Master
             with
             a
             fault
             as
             in
             relation
             to
             his
             Duty
             ,
             must
             not
             think
             that
             a
             generall
             charge
             is
             sufficient
             in
             Law
             ,
             but
             he
             ought
             to
             assigne
             and
             specifie
             the
             very
             fault
             wherewith
             he
             is
             so
             charged
             .
          
           
             So
             ,
             he
             that
             will
             infer
             ,
             that
             such
             or
             such
             a
             sad
             disaster
             to
             have
             happned
             or
             been
             occasioned
             by
             reason
             of
             some
             fault
             in
             the
             Marriners
             ,
             must
             not
             only
             prove
             the
             fault
             it self
             ,
             but
             must
             also
             prove
             that
             that
             fault
             did
             dispose
             to
             such
             a
             sad
             event
             ,
             or
             that
             such
             a
             misfortune
             could
             not
             have
             happened
             without
             such
             a
             fault
             precedent
             .
          
           
             XIV
             .
             When
             Voyages
             are
             undertaken
             ,
             the
             Master
             is
             there
             placed
             in
             by
             the
             Owners
             ,
             and
             they
             ought
             to
             make
             good
             the
             Masters
             fact
             and
             deed
             ;
             *
             And
             therefore
             as
             the
             whole
             Care
             and
             Charge
             of
             Ship
             and
             Goods
             are
             committed
             to
             the
             Master
             ,
             it
             is
             the
             prudence
             of
             the
             Owners
             to
             be
             careful
             who
             they
             will
             admit
             Commander
             of
             their
             Ship
             ,
             since
             their
             actions
             subject
             them
             to
             answer
             the
             damage
             ,
             or
             what
             ever
             other
             act
             he
             shall
             do
             in
             reference
             to
             his
             Imploy
             :
             And
             therefore
             he
             can
             freight
             out
             the
             Vessel
             ,
             take
             in
             Goods
             and
             Passengers
             ,
             mend
             and
             furnish
             the
             Ship
             ,
             and
             to
             that
             effect
             if
             need
             be
             in
             a
             strange
             Countrey
             he
             may
             borrow
             Money
             with
             advice
             of
             his
             Marriners
             ,
             upon
             some
             of
             the
             Tackle
             ,
             or
             sell
             some
             of
             the
             Merchandize
             .
             If
             part
             of
             the
             Goods
             shall
             be
             sold
             in
             such
             necessity
             ,
             the
             highest
             price
             that
             the
             remainder
             are
             sold
             for
             must
             be
             answered
             and
             paid
             to
             the
             Merchant
             ;
             after
             which
             the
             Merchant
             must
             pay
             for
             the
             Freight
             of
             those
             Goods
             as
             well
             as
             for
             the
             remainder
             ,
             
               Leg.
               Oleron
            
             1.
             
             But
             if
             the
             Ship
             in
             the
             Voyage
             happens
             to
             be
             cast
             away
             ,
             then
             onely
             shall
             be
             tendred
             the
             price
             that
             the
             Goods
             were
             bought
             for
             .
          
           
             By
             the
             Common
             Law
             the
             Master
             of
             a
             Ship
             could
             not
             impawn
             the
             Ship
             or
             Goods
             for
             no
             property
             either
             general
             or
             special
             ,
             nor
             such
             power
             is
             given
             unto
             him
             by
             the
             constituting
             of
             him
             a
             Master
             .
          
           
             Yet
             the
             Common
             Law
             hath
             held
             the
             Law
             of
             Oleron
             
             reasonable
             ,
             That
             if
             a
             Ship
             be
             at
             Sea
             and
             takes
             leake
             ,
             or
             otherwise
             want
             Victual
             or
             other
             Necessaries
             ,
             whereby
             either
             her self
             be
             in
             danger
             or
             the
             Voyage
             defeated
             ,
             that
             in
             such
             case
             of
             necessity
             the
             Master
             may
             impawn
             for
             Money
             or
             other
             things
             to
             relieve
             such
             Extremities
             by
             imploying
             the
             money
             to
             that
             end
             ;
             and
             therefore
             he
             being
             the
             person
             trusted
             with
             the
             Ship
             and
             Voyage
             ,
             may
             therefore
             reasonably
             be
             thought
             to
             have
             that
             power
             given
             to
             
             him
             implicitly
             ,
             rather
             then
             to
             see
             the
             whole
             lost
             .
          
           
             But
             a
             Master
             for
             any
             debt
             of
             his
             own
             cannot
             impawn
             or
             Hipothycate
             the
             Ship
             ,
             &c.
             for
             the
             same
             is
             no
             wayes
             lyable
             but
             in
             cases
             of
             neccssity
             for
             the
             relief
             and
             compleating
             of
             the
             Voyage
             .
          
           
             Nor
             can
             he
             sell
             or
             dispose
             of
             the
             same
             without
             an
             authority
             or
             Licence
             from
             the
             Owners
             ;
             and
             when
             he
             does
             Impawn
             or
             Hipothycate
             the
             Vessel
             or
             Furniture
             ,
             he
             *
             ought
             to
             have
             the
             consent
             and
             advice
             of
             his
             Marriners
             .
          
           
             XV.
             And
             where
             the
             Ship
             is
             well
             engaged
             ,
             she
             is
             for
             ever
             obliged
             ,
             and
             the
             Owners
             are
             concluded
             thereby
             ,
             till
             Redemption
             .
          
           
             But
             in
             regard
             Masters
             might
             not
             be
             tempted
             to
             engage
             the
             Owners
             ,
             or
             infetter
             them
             with
             such
             sort
             of
             Obligations
             ,
             but
             where
             there
             is
             very
             apparent
             cause
             and
             necessity
             ,
             They
             seldome
             suffer
             any
             to
             go
             Skipper
             or
             Master
             but
             he
             that
             has
             a
             share
             or
             part
             in
             her
             ;
             so
             that
             if
             Moneys
             or
             provisions
             be
             taken
             up
             ,
             he
             must
             bear
             his
             equal
             share
             and
             proportion
             with
             the
             rest
             .
          
           
             The
             Master
             cannot
             on
             every
             case
             of
             necessity
             impawn
             the
             Vessel
             or
             Furniture
             ;
             for
             if
             she
             be
             Freighted
             ,
             and
             he
             
             and
             the
             Owners
             are
             to
             joyn
             in
             the
             laying
             in
             of
             the
             provisions
             for
             the
             Voyage
             ,
             and
             parhaps
             he
             wants
             money
             ,
             (
             a
             great
             sign
             of
             necessity
             )
             yet
             can
             he
             not
             impawn
             the
             Vessel
             or
             Furniture
             ,
             any
             other
             or
             further
             then
             for
             his
             own
             part
             or
             share
             in
             her
             ,
             the
             which
             he
             may
             transfer
             and
             grant
             as
             a
             man
             may
             do
             an
             8th
             or
             5th
             part
             in
             Lands
             or
             Houses
             :
             But
             such
             obligation
             of
             the
             Vessel
             must
             be
             in
             forreign
             parts
             or
             places
             where
             the
             calamity
             or
             necessity
             is
             universal
             on
             the
             Vessell
             .
          
           
             XVI
             .
             If
             the
             Vessel
             happens
             afterwards
             to
             be
             wreckt
             
             or
             cast
             away
             ,
             and
             the
             Marriners
             by
             their
             great
             pains
             and
             care
             recover
             some
             of
             the
             ruines
             and
             lading
             ,
             the
             Master
             in
             that
             case
             may
             pledge
             the
             same
             ,
             the
             produce
             of
             which
             he
             may
             distribute
             amongst
             his
             distressed
             Marriners
             in
             order
             to
             the
             carrying
             them
             home
             to
             their
             own
             Countrey
             ;
             But
             if
             the
             Marriners
             no
             wayes
             contributed
             to
             the
             Salvage
             ,
             
             then
             their
             reward
             is
             sunk
             and
             lost
             with
             the
             Vessel
             .
          
           
             But
             if
             there
             be
             any
             considerable
             part
             of
             the
             lading
             preserved
             ,
             he
             ought
             not
             to
             dismiss
             his
             Marriners
             ,
             till
             advice
             from
             the
             Laders
             or
             Freighters
             ;
             for
             otherwise
             perchance
             he
             may
             be
             made
             lyable
             .
          
           
             If
             Merchants
             Freight
             a
             Vessel
             at
             their
             own
             charges
             ,
             and
             set
             her
             to
             Sea
             ,
             and
             then
             happens
             afterwards
             to
             be
             Weather-bound
             ,
             the
             Master
             may
             impawn
             either
             Ship
             or
             Lading
             at
             his
             pleasure
             ,
             or
             at
             least
             such
             as
             he
             could
             conveniently
             
             raise
             moneys
             on
             ,
             rather
             then
             see
             the
             whole
             Voyage
             lost
             .
             And
             if
             he
             cannot
             pawn
             the
             Lading
             ,
             he
             may
             sell
             the
             same
             ,
             that
             is
             ,
             so
             much
             as
             is
             necessary
             ;
             in
             all
             which
             cases
             his
             act
             obliges
             .
          
           
             However
             ,
             Orders
             and
             Instructions
             are
             as
             carefully
             to
             be
             look'd
             upon
             and
             followed
             as
             the
             Magnate
             .
          
           
             XVII
             .
             He
             is
             not
             to
             Import
             into
             ,
             or
             Export
             out
             of
             
             any
             the
             English
             Plantations
             in
             
               Asia
               ,
               Affrica
            
             ,
             or
             America
             ,
             but
             in
             English
             or
             Irish
             Vessels
             ,
             or
             of
             the
             Vessels
             built
             and
             belonging
             to
             that
             Country
             ,
             Island
             ,
             Plantation
             or
             Territory
             .
             The
             Master
             and
             3
             fourths
             of
             the
             Marriners
             to
             be
             English
             ,
             upon
             forfeiture
             of
             Ship
             and
             Goods
             .
             And
             if
             otherwise
             ,
             they
             are
             to
             be
             look't
             upon
             as
             Prize
             ,
             and
             may
             be
             seized
             by
             any
             of
             the
             Kings
             Officers
             and
             Commanders
             ,
             and
             to
             be
             divided
             as
             Prizes
             ,
             according
             to
             the
             Orders
             and
             Rules
             of
             the
             Sea.
             
          
           
             All
             Goods
             of
             the
             Growth
             of
             his
             Majesties
             Plantations
             are
             not
             to
             be
             imported
             into
             
               England
               ,
               Ireland
            
             ,
             or
             Wales
             ,
             Islands
             of
             Jersey
             or
             Guernsey
             ,
             but
             in
             such
             Vessels
             as
             truly
             belong
             to
             Owners
             that
             are
             of
             
               England
               ,
               Ireland
               ,
               Wales
               ,
               Jersey
            
             or
             Guernsey
             ,
             and
             three
             fourths
             at
             least
             of
             the
             Marriners
             are
             to
             be
             English
             ,
             upon
             forfeiture
             of
             Ship
             and
             
             Goods
             .
          
           
             The
             Goods
             and
             Wares
             of
             those
             Plantations
             ,
             and
             brought
             in
             such
             manner
             as
             aforesaid
             ,
             must
             be
             brought
             from
             those
             very
             Countries
             of
             their
             several
             productions
             and
             growths
             ,
             
             or
             from
             the
             Ports
             where
             they
             are
             usually
             shipped
             out
             ;
             on
             forfeiture
             of
             Ship
             and
             Goods
             .
          
           
             XVIII
             .
             No
             Ship
             to
             go
             from
             Port
             to
             Port
             in
             
               England
               ,
               Ireland
               ,
               Wales
               ,
               Jersey
               ,
            
             or
             Guernsey
             ,
             or
             Berwick
             ,
             unless
             the
             Owners
             are
             Denizens
             or
             Naturalized
             ,
             and
             the
             Master
             
             and
             3
             fourths
             to
             be
             English.
             
          
           
             All
             Owners
             must
             swear
             that
             their
             Vessels
             or
             Ships
             are
             their
             own
             proper
             Ships
             and
             Vessels
             ,
             and
             that
             no
             Forreigner
             has
             any
             share
             or
             part
             in
             her
             ,
             and
             must
             enter
             the
             same
             ,
             and
             that
             she
             was
             bought
             for
             a
             valuable
             consideration
             ,
             
               Bona
               fide
            
             .
          
           
             Nor
             to
             bring
             in
             any
             goods
             from
             any
             place
             ,
             but
             what
             are
             of
             the
             growth
             of
             that
             very
             Country
             ,
             or
             those
             places
             which
             usually
             are
             for
             the
             first
             Shipping
             ,
             on
             pain
             of
             forfeiture
             of
             their
             Vessel
             and
             Furniture
             .
          
           
             This
             does
             not
             extend
             ,
             but
             Masters
             may
             take
             in
             goods
             in
             any
             part
             of
             the
             Levant
             or
             Streights
             ,
             although
             they
             are
             not
             of
             the
             very
             growth
             of
             the
             place
             so
             that
             they
             be
             imported
             in
             English
             Ships
             3
             fourths
             English
             Marriners
             :
             So
             
             likewise
             those
             Ships
             that
             are
             for
             India
             in
             any
             of
             those
             Seas
             to
             the
             Southward
             and
             Eastward
             of
             
               Cabo
               bona
               Speranza
            
             ,
             although
             the
             Ports
             are
             not
             the
             places
             of
             their
             very
             growth
             .
          
           
             Any
             people
             of
             England
             may
             import
             (
             the
             Master
             and
             Marriners
             3
             fourths
             English
             )
             any
             goods
             or
             wares
             from
             
               Spain
               ,
               Portugal
               ,
               Azores
               ,
               Madera
               ,
            
             or
             Canary
             Islands
             .
             Nay
             in
             Ships
             that
             are
             not
             English
             built
             Bullion
             may
             be
             imported
             ;
             so
             likewise
             in
             those
             that
             are
             taken
             by
             way
             of
             Prize
             
               Bona
               fide
            
             .
          
           
             But
             Sugars
             ,
             Tobacco
             ,
             Cottens
             ,
             Ginger
             ,
             Indicoes
             ,
             Fustick
             ,
             or
             any
             other
             dying
             Wood
             of
             the
             growth
             of
             his
             Majesties
             Plantations
             ,
             are
             to
             be
             Shipped
             ,
             carryed
             or
             conveyed
             from
             any
             of
             the
             English
             Plantations
             ,
             are
             to
             be
             carryed
             to
             no
             place
             in
             the
             world
             ,
             but
             are
             to
             come
             directly
             for
             
               England
               ,
               Ireland
               ,
               Wales
            
             ,
             or
             Barwick
             ,
             upon
             pain
             of
             forfeiture
             of
             Ship
             and
             goods
             ,
             and
             the
             Master
             is
             to
             give
             bond
             with
             one
             Security
             in
             a
             Thousand
             pound
             if
             the
             Ship
             be
             under
             the
             burden
             of
             a
             100
             Tuns
             ,
             and
             2000
             l.
             if
             above
             ,
             that
             upon
             Lading
             he
             brings
             his
             Ship
             directly
             into
             
               England
               ,
               Ireland
               ,
               Wales
            
             ,
             or
             Berwick
             ,
             (
             the
             danger
             of
             the
             Seas
             excepted
             ,
             )
             so
             likewise
             they
             are
             to
             do
             the
             same
             for
             the
             Ships
             that
             shall
             go
             from
             the
             Plantations
             at
             the
             Plantations
             
             to
             the
             Governour
             ,
             upon
             forseiture
             of
             the
             Ship
             and
             Goods
             .
          
           
             XX.
             When
             the
             Master
             shall
             arrive
             at
             Gravesend
             ,
             he
             
             shall
             not
             be
             above
             3.
             dayes
             coming
             from
             thence
             to
             the
             place
             of
             discharge
             ;
             nor
             is
             not
             to
             touch
             at
             any
             Key
             or
             Wharfe
             till
             he
             comes
             to
             Chesters
             Key
             ,
             unless
             hindred
             by
             contrary
             Winds
             ,
             or
             draught
             of
             Water
             ,
             or
             other
             just
             impediment
             to
             be
             allowed
             by
             the
             Officers
             ;
             And
             likewise
             he
             or
             his
             Purser
             are
             there
             to
             make
             Oath
             of
             the
             Burthen
             ,
             Contents
             and
             Lading
             of
             his
             Ship
             ,
             and
             of
             the
             marks
             ,
             number
             ,
             contents
             and
             qualities
             of
             every
             parcel
             of
             Goods
             therein
             laden
             to
             the
             best
             of
             his
             knowledge
             ;
             also
             where
             and
             in
             what
             Port
             she
             took
             in
             her
             Lading
             ,
             and
             what
             Country
             built
             ,
             and
             how
             manned
             ;
             who
             was
             Master
             during
             the
             Voyage
             ,
             and
             who
             the
             Owners
             ;
             And
             in
             out-Ports
             must
             come
             up
             to
             the
             place
             of
             unlading
             ,
             as
             the
             condition
             of
             the
             Port
             requires
             ,
             and
             make
             Entries
             ,
             on
             pain
             of
             100
             l.
             
          
           
             Nor
             is
             such
             Master
             to
             lade
             aboard
             any
             Goods
             outwards
             to
             any
             place
             whatsoever
             ,
             without
             Entring
             the
             Ship
             at
             the
             
             Custome-House
             of
             her
             Captain
             ,
             Master
             ,
             Burthen
             ,
             Guns
             ,
             Ammunition
             ,
             and
             to
             what
             place
             she
             intends
             ,
             and
             before
             departure
             to
             bring
             in
             a
             Note
             under
             his
             hand
             of
             every
             Merchant
             that
             shall
             have
             layd
             aboard
             any
             Goods
             ,
             together
             with
             the
             marks
             and
             numbers
             of
             such
             Goods
             ,
             and
             be
             sworn
             as
             to
             the
             same
             ,
             on
             pain
             of
             100
             l.
             
          
           
             No
             Captain
             ,
             Master
             ,
             Purser
             of
             any
             of
             his
             Majesties
             Ships
             of
             Warr
             shall
             unlade
             any
             Goods
             before
             Entry
             made
             ,
             on
             pain
             of
             100
             l.
             
          
           
             Note
             .
             There
             is
             a
             List
             of
             all
             Forraign
             built
             Ships
             in
             the
             Exchequer
             ,
             and
             that
             no
             Forraign
             Ship
             not
             built
             in
             any
             of
             his
             Majesties
             Dominions
             of
             
               Asia
               ,
               Affrica
            
             ,
             or
             America
             ,
             after
             1.
             
             Octob.
             1662.
             and
             expressly
             named
             in
             the
             List
             ,
             shall
             enjoy
             the
             Priviledges
             of
             a
             Ship
             belonging
             to
             England
             or
             Ireland
             ,
             although
             owned
             and
             manned
             by
             English
             ,
             except
             onely
             such
             as
             are
             taken
             by
             way
             of
             reprize
             and
             condemnation
             made
             in
             the
             Admiralty
             as
             lawful
             prize
             ;
             none
             but
             
               English
               and
               Irish
            
             Subjects
             in
             the
             Plantations
             are
             to
             be
             accounted
             English.
             
          
           
             If
             the
             Master
             shall
             have
             freight
             from
             Port
             to
             Port
             within
             the
             Realm
             ,
             he
             ought
             to
             have
             Warrant
             for
             the
             same
             ,
             
             on
             pain
             of
             forfeiture
             of
             the
             goods
             ,
             and
             he
             is
             to
             take
             forth
             a
             Cockquet
             ,
             and
             become
             bound
             to
             go
             to
             such
             Port
             designed
             for
             ,
             and
             to
             return
             a
             Certificate
             from
             the
             chief
             Officers
             of
             that
             port
             where
             the
             same
             was
             designed
             for
             ,
             and
             discharged
             within
             6
             months
             from
             the
             date
             of
             the
             Cockquet
             .
          
           
             But
             from
             the
             Netherlands
             or
             Germany
             there
             may
             not
             be
             imported
             no
             sort
             of
             Wines
             (
             other
             then
             Rhenish
             )
             Spicery
             ,
             Grocery
             ,
             Tobacco
             ,
             Pot-ashes
             ,
             Pitch
             ,
             Tar
             ,
             Salt
             ,
             Rozin
             ,
             Deal-boards
             ,
             hard
             Timber
             ,
             or
             Olives
             ,
             Oyl
             ,
             in
             any
             manner
             of
             Ships
             whatsoever
             .
          
           
             It
             might
             not
             seem
             impertinent
             that
             this
             latter
             part
             which
             is
             abridged
             as
             in
             reference
             to
             matters
             publique
             should
             be
             inserted
             ,
             for
             that
             sometime
             it
             may
             happen
             that
             an
             honest
             and
             well
             meaning
             Master
             or
             Skipper
             might
             innocently
             involve
             and
             hazard
             the
             loss
             of
             his
             Ship
             by
             committing
             acts
             against
             Lawes
             positive
             and
             prohibitory
             ;
             and
             though
             Masters
             and
             Marriners
             
               qua
               tales
            
             be
             not
             so
             exquisite
             as
             to
             know
             all
             that
             does
             belong
             to
             their
             duties
             ,
             or
             at
             least
             that
             which
             the
             Law
             layes
             incumbent
             on
             their
             shoulders
             ,
             yet
             for
             that
             most
             of
             them
             have
             some
             small
             glimmerings
             of
             the
             same
             ,
             that
             such
             hints
             in
             matters
             publique
             as
             well
             as
             private
             may
             not
             onely
             be
             of
             some
             advantage
             to
             them
             ,
             but
             likewise
             to
             Merchants
             ,
             who
             alwayes
             upon
             the
             miscarriages
             of
             the
             Masters
             ,
             prove
             the
             greatest
             sufferers
             ,
             the
             offenders
             ,
             for
             the
             most
             part
             ,
             proving
             not
             sufficiently
             solvant
             .
          
        
         
           
           
             CHAP.
             III.
             Of
             
               Marriners
               ,
               their
               several
               Offices
               and
               Immunities
               :
               And
               of
               Barratry
               committed
               by
               them
               .
            
          
           
             
               
                 
                   I.
                   The
                   several
                   Maritime
                   Officers
                   a
                   Shipboard
                   ,
                   and
                   their
                   Charges
                   and
                   Duties
                   .
                
                 
                   II.
                   Of
                   the
                   Masters
                   power
                   and
                   authority
                   over
                   them
                   ,
                   as
                   in
                   relation
                   to
                   punishing
                   or
                   otherwise
                   .
                
                 
                   III.
                   The
                   duty
                   that
                   Marriners
                   owe
                   to
                   each
                   other
                   ,
                   and
                   they
                   to
                   the
                   Ship.
                   
                
                 
                   IV.
                   Their
                   attendance
                   requisite
                   when
                   laded
                   ;
                   and
                   if
                   detriment
                   ,
                   where
                   to
                   be
                   responsible
                   .
                
                 
                   V.
                   Where
                   Accidents
                   befall
                   them
                   ,
                   where
                   they
                   ought
                   to
                   be
                   look't
                   after
                   ,
                   and
                   at
                   whose
                   costs
                   .
                
                 
                   VI.
                   The
                   Marriners
                   Oath
                   where
                   requisite
                   to
                   the
                   discharging
                   of
                   the
                   Master
                   .
                
                 
                   VII
                   .
                   What
                   Accidents
                   does
                   destroy
                   ,
                   and
                   what
                   not
                   their
                   wages
                   .
                
                 
                   VIII
                   .
                   Where
                   they
                   may
                   joyn
                   all
                   in
                   a
                   Suit
                   for
                   the
                   recovery
                   of
                   their
                   Wages
                   ,
                   and
                   where
                   not
                   .
                
                 
                   IX
                   .
                   Of
                   their
                   wages
                   where
                   lyable
                   to
                   answer
                   damage
                   .
                
                 
                   X.
                   Where
                   they
                   absolutely
                   lose
                   their
                   wages
                   .
                
                 
                   XI
                   .
                   Of
                   Money
                   or
                   Goods
                   taken
                   up
                   by
                   a
                   Marriner
                   ,
                   where
                   it
                   shall
                   be
                   debt
                   ,
                   and
                   where
                   a
                   discount
                   of
                   his
                   wages
                   .
                
                 
                   XII
                   .
                   And
                   of
                   their
                   becoming
                   lyable
                   to
                   correction
                   .
                
                 
                   XIII
                   .
                   Barratry
                   in
                   the
                   Marr●…ners
                   ,
                   the
                   reason
                   why
                   the
                   Law
                   imputes
                   Offences
                   in
                   them
                   to
                   be
                   answered
                   by
                   the
                   Master
                   .
                
                 
                   XIV
                   .
                   In
                   what
                   cases
                   the
                   Master
                   shall
                   become
                   lyable
                   for
                   the
                   actions
                   of
                   his
                   Marriners
                   .
                
                 
                   XV.
                   Of
                   Goods
                   purloyned
                   before
                   they
                   are
                   brought
                   a
                   Shipboard
                   ,
                   where
                   the
                   Master
                   is
                   bound
                   to
                   answer
                   ,
                   and
                   where
                   not
                   .
                
                 
                   XVI
                   .
                   Of
                   the
                   Antiquity
                   of
                   such
                   Custome
                   .
                
                 
                   XVII
                   .
                   Of
                   Goods
                   brought
                   secretly
                   in
                   a
                   Shipboard
                   if
                   purloyned
                   ,
                   where
                   the
                   Master
                   is
                   not
                   made
                   lyable
                   .
                
                 
                   XVIII
                   .
                   Of
                   Caution
                   or
                   forewarning
                   ,
                   where
                   the
                   same
                   shall
                   excuse
                   the
                   Master
                   .
                
                 
                   XIX
                   .
                   Where
                   the
                   Master
                   shall
                   be
                   lyable
                   notwithstanding
                   such
                   Caution
                   .
                
              
            
          
           
             I.
             THe
             Persons
             Ordinary
             for
             sayling
             in
             Ships
             have
             divers
             Denominations
             ;
             The
             first
             which
             is
             the
             
             Master
             ,
             known
             to
             us
             and
             by
             most
             Nations
             both
             now
             and
             of
             old
             ,
             and
             especially
             by
             the
             Roman
             Lawes
             ,
             Navicularius
             ,
             or
             
               Magister
               Navis
            
             ;
             in
             English
             rendred
             Master
             ,
             or
             
               Exercitor
               Navis
            
             ;
             in
             the
             Tutonique
             ,
             Skipper
             ;
             by
             the
             Grecians
             ,
             
             Nauarchus
             or
             Nauclerus
             ;
             by
             the
             
               Italian
               ,
               Patrono
            
             .
             But
             this
             is
             onely
             to
             those
             Vessels
             that
             are
             Ships
             of
             Burden
             and
             of
             Carriage
             :
             For
             to
             Ships
             of
             Warr
             the
             principal
             there
             is
             commonly
             called
             Commander
             or
             Captain
             .
             The
             next
             in
             Order
             of
             Office
             to
             the
             Master
             ,
             is
             he
             who
             directs
             the
             Ship
             in
             the
             Course
             of
             her
             Voyage
             ,
             by
             the
             French
             called
             Pylott
             ;
             by
             the
             English
             and
             
               Flemming
               ,
               Steirsman
            
             ;
             by
             the
             
               Romans
               ,
               Gubernator
            
             ;
             by
             the
             
               Italians
               ,
               Nochiero
               Pilotto
            
             and
             Nauarchus
             ,
             as
             Gerretus
             writes
             .
             The
             third
             is
             esteemed
             the
             Master's
             Mate
             or
             Companion
             ,
             chiefly
             if
             the
             Master
             be
             Steers-man
             himself
             ;
             of
             old
             by
             the
             Grecian
             and
             Roman
             called
             Proreta
             ;
             his
             Charge
             is
             to
             command
             all
             before
             the
             Mast.
             
             
          
           
             His
             Successor
             in
             order
             is
             the
             Carpenter
             or
             Shipwright
             ,
             by
             those
             two
             Nations
             of
             old
             ,
             called
             Naupegus
             by
             the
             latter
             ,
             by
             the
             first
             Calaphates
             ,
             from
             the
             Loyns
             of
             one
             of
             that
             Rank
             sprang
             that
             great
             Emperour
             Michael
             ,
             sirnamed
             Calaphates
             ,
             who
             denied
             not
             to
             own
             the
             quality
             of
             his
             
             Father
             among
             his
             Regal
             Titles
             .
             The
             very
             name
             Calaphate
             ,
             the
             Venetian
             and
             Italian
             still
             use
             to
             this
             day
             .
          
           
             The
             next
             who
             succeeds
             him
             in
             Order
             ,
             is
             he
             who
             bears
             the
             Charge
             of
             the
             Ships
             Boat
             ,
             by
             the
             Italians
             called
             Brachierie
             ;
             by
             the
             Grecians
             and
             
               Romans
               ,
               Garabita
            
             ,
             from
             Carabus
             ,
             which
             denotes
             the
             Boat
             of
             a
             Ship.
             
          
           
             The
             Sixth
             in
             Order
             ,
             especially
             in
             Ships
             of
             Burden
             ,
             is
             the
             Clerk
             or
             Purser
             ,
             by
             the
             Italian
             called
             Scrivano
             ,
             whose
             duty
             is
             the
             registring
             and
             keeping
             the
             Accounts
             of
             all
             received
             in
             or
             delivered
             out
             of
             the
             Ship
             ;
             for
             all
             other
             Goods
             that
             are
             not
             by
             him
             entred
             or
             taken
             into
             charge
             ,
             if
             they
             happen
             to
             be
             cast
             over-board
             in
             storm
             ,
             or
             are
             stolne
             or
             imbezled
             ,
             the
             Master
             answers
             them
             not
             ,
             there
             being
             no
             
             obligation
             on
             him
             by
             Law
             for
             the
             same
             ;
             his
             duty
             is
             to
             unlade
             by
             day
             ,
             not
             night
             .
          
           
             The
             7th
             a
             most
             necessary
             Officer
             ,
             as
             long
             as
             there
             are
             aboard
             bellies
             ,
             sharp
             stomachs
             and
             provision
             ,
             called
             the
             Cook.
             
          
           
             The
             8th
             is
             the
             Ships
             Boy
             ,
             who
             keeps
             her
             continually
             in
             Harbours
             ,
             called
             of
             old
             by
             the
             
               Grecians
               ,
               Nauphylakes
            
             ;
             by
             the
             
               Italians
               ,
               Guardiano
            
             :
             These
             persons
             are
             distinct
             in
             offices
             and
             names
             ,
             and
             are
             likewise
             distinguished
             in
             their
             hyres
             and
             wages
             ;
             The
             rest
             of
             the
             Crew
             are
             under
             the
             common
             name
             of
             Marriners
             ,
             by
             the
             Romans
             called
             
             Nautas
             ;
             But
             the
             Tarpollians
             ,
             or
             those
             Youths
             or
             Boyes
             
             that
             are
             Apprentices
             obliged
             to
             the
             most
             servile
             duties
             in
             the
             Ship
             were
             of
             old
             called
             Mesonautae
             .
          
           
             II.
             The
             Master
             hath
             the
             supream
             Rule
             a
             Shipboard
             ,
             and
             by
             that
             means
             his
             power
             and
             authority
             is
             by
             Law
             much
             countenanced
             ,
             especially
             in
             the
             keeping
             his
             Crew
             in
             peace
             so
             long
             as
             they
             eat
             his
             bread
             ;
             and
             if
             a
             Marriner
             shall
             happen
             to
             be
             bruised
             or
             hurt
             in
             doing
             his
             duty
             and
             service
             ,
             the
             Master
             
             is
             to
             take
             care
             that
             he
             be
             carefully
             look't
             after
             in
             order
             to
             the
             procuring
             his
             recovery
             ;
             and
             if
             it
             be
             occasioned
             by
             the
             miscarriage
             of
             another
             a
             shipboard
             ,
             he
             may
             refund
             the
             damage
             out
             of
             his
             wages
             ,
             but
             
             still
             remembring
             who
             gave
             the
             first
             assault
             .
          
           
             If
             it
             happens
             that
             the
             Master
             commands
             his
             Boat
             to
             be
             manned
             out
             ,
             and
             it
             so
             happens
             that
             the
             same
             is
             out
             of
             Order
             ,
             or
             unfit
             to
             take
             the
             Sea
             ,
             the
             Tewes
             ,
             or
             other
             accoutriments
             being
             impotent
             ,
             if
             the
             Marriners
             happen
             to
             be
             drowned
             ,
             the
             Master
             is
             to
             repay
             one
             whole
             years
             hyre
             to
             the
             Heirs
             of
             the
             drowned
             :
             Therefore
             Masters
             ought
             carefully
             to
             view
             and
             see
             that
             the
             Boat
             be
             fit
             for
             men
             to
             trust
             their
             lives
             in
             upon
             his
             command
             .
          
           
             If
             a
             Marriner
             shall
             commit
             a
             fault
             ,
             and
             the
             Master
             shall
             lift
             up
             the
             Towell
             3.
             times
             before
             any
             Marriner
             ,
             and
             he
             shall
             not
             submit
             ,
             the
             Master
             at
             the
             next
             place
             of
             land
             may
             discharge
             him
             ;
             and
             if
             he
             refuses
             to
             go
             ashoare
             ,
             he
             shall
             lose
             half
             his
             wages
             ,
             and
             all
             his
             Goods
             within
             the
             Ship
             :
             If
             the
             Marriner
             shall
             submit
             ,
             and
             the
             Master
             will
             
             not
             receive
             the
             same
             ,
             he
             shall
             have
             his
             whole
             Wages
             :
             Or
             if
             the
             Marriner
             shall
             depart
             the
             Ship
             on
             the
             Master's
             command
             ,
             and
             the
             Master
             happens
             not
             to
             take
             another
             ,
             if
             any
             damage
             happens
             to
             Ship
             or
             Goods
             ,
             the
             Master
             must
             answer
             .
          
           
             III.
             Marriners
             must
             help
             one
             another
             at
             the
             Sea
             and
             
             in
             Port
             ;
             if
             they
             refuse
             ,
             upon
             the
             Oaths
             of
             his
             Fellowes
             ,
             he
             loseth
             his
             wages
             .
             None
             of
             the
             Crew
             must
             or
             ought
             to
             leave
             the
             Ship
             without
             leave
             of
             the
             Master
             when
             she
             comes
             to
             a
             Port
             ,
             or
             rides
             at
             Anchor
             ,
             but
             alwayes
             constantly
             to
             wait
             upon
             her
             till
             they
             are
             discharged
             ,
             or
             have
             leave
             ,
             at
             least
             half
             to
             be
             left
             a
             ship-board
             .
          
           
           
             A
             Marriner
             may
             not
             carry
             out
             of
             the
             Ship
             above
             one
             meals
             meat
             ;
             but
             drink
             not
             a
             drop
             ;
             and
             when
             a
             shipboard
             ,
             
             ought
             not
             to
             be
             there
             arrested
             for
             debt
             ,
             but
             onely
             so
             much
             of
             his
             wages
             in
             the
             hands
             of
             the
             Master
             attached
             :
             yet
             this
             is
             doubted
             if
             it
             be
             not
             on
             a
             sworn
             debt
             ,
             t
             hat
             is
             ,
             a
             Judgment
             or
             Sentence
             ,
             or
             a
             penalty
             to
             the
             King.
             
          
           
             They
             ought
             not
             to
             depart
             from
             a
             Shipboard
             when
             once
             admitted
             into
             their
             full
             pay
             ,
             (
             which
             is
             always
             when
             they
             break
             ground
             ,
             )
             without
             licence
             of
             the
             Master
             ;
             and
             before
             they
             may
             so
             do
             ,
             they
             are
             to
             leave
             a
             sufficient
             number
             to
             guard
             the
             Ship
             and
             Decks
             .
          
           
             IV.
             If
             the
             Ship
             breaks
             ground
             ,
             and
             is
             set
             sayl
             ,
             if
             after
             she
             arrives
             at
             her
             desired
             Port
             ,
             their
             full
             pay
             continues
             till
             she
             returns
             ;
             nor
             may
             they
             in
             any
             wise
             depart
             from
             a
             shipboard
             without
             leave
             or
             licence
             of
             the
             Master
             ;
             if
             they
             do
             ,
             and
             any
             disaster
             happens
             ,
             they
             must
             answer
             :
             yet
             at
             such
             Port
             if
             the
             Vessel
             be
             well
             moared
             and
             Anchored
             
             with
             two
             Cables
             ,
             they
             may
             go
             without
             leave
             ,
             yet
             so
             as
             they
             leave
             a
             sufficient
             number
             behind
             to
             guard
             the
             Decks
             :
             but
             then
             their
             return
             must
             be
             in
             due
             season
             ;
             for
             if
             they
             make
             a
             longer
             stay
             ,
             they
             must
             make
             satisfaction
             .
          
           
             V.
             If
             Marriners
             get
             drunk
             and
             wound
             one
             another
             ,
             they
             are
             not
             to
             be
             cured
             at
             the
             charge
             of
             the
             Master
             or
             Ship
             ;
             for
             such
             Accidents
             are
             not
             done
             in
             the
             service
             of
             the
             Ship
             :
             but
             if
             any
             of
             the
             Marriners
             be
             any
             wayes
             wounded
             ,
             or
             do
             become
             ill
             in
             the
             Service
             of
             the
             Ship
             ,
             they
             are
             to
             be
             provided
             for
             at
             the
             charges
             of
             the
             Ship
             ;
             
             and
             if
             they
             be
             so
             ill
             as
             not
             fit
             to
             travail
             ,
             they
             are
             to
             be
             left
             ashoare
             ,
             and
             to
             take
             care
             he
             hath
             all
             accommodations
             of
             humanity
             administred
             to
             him
             :
             and
             if
             the
             Ship
             is
             ready
             for
             a
             departure
             ,
             she
             is
             not
             to
             stay
             for
             him
             ;
             if
             he
             recover
             ,
             he
             is
             to
             have
             his
             full
             wages
             ,
             deducting
             the
             Masters
             charges
             which
             he
             laid
             out
             for
             him
             .
          
           
             VI.
             In
             case
             of
             Storm
             if
             Goods
             are
             cast
             over-board
             for
             lightning
             the
             Ship
             ,
             the
             Oaths
             of
             the
             Marriners
             who
             
             swearing
             that
             it
             was
             done
             for
             the
             preservation
             of
             the
             Vessel
             and
             the
             rest
             of
             the
             Lading
             ,
             the
             same
             shall
             discharge
             the
             Master
             .
          
           
             So
             Goods
             damnified
             at
             Sea
             ,
             are
             cleared
             by
             the
             Oath
             of
             
             the
             Master
             and
             Marriners
             ,
             by
             the
             Laws
             of
             Olerone
             .
          
           
             To
             assault
             the
             Master
             a
             shipboard
             ,
             is
             a
             Crime
             that
             subjects
             
             the
             Marriner's
             hand
             to
             be
             cut
             off
             ,
             unless
             he
             redeems
             at
             5.
             
             Solz
             .
          
           
             VII
             .
             If
             a
             Ship
             happens
             to
             be
             seized
             on
             for
             Debt
             or
             otherwise
             to
             become
             forteited
             ,
             the
             Marriners
             must
             receive
             
             their
             wages
             ,
             unless
             in
             some
             cases
             where
             the
             wages
             is
             forfeited
             as
             well
             as
             the
             Ship
             ;
             As
             if
             they
             have
             Letters
             of
             Mart
             ,
             and
             instead
             of
             that
             they
             commit
             Pyracy
             ,
             by
             
             reason
             of
             which
             there
             becomes
             a
             forfeiture
             of
             all
             ;
             but
             lading
             of
             prohibited
             Goods
             aboard
             a
             Ship
             ,
             as
             Wooll
             ,
             and
             the
             like
             ,
             though
             it
             subjects
             the
             Vessel
             to
             a
             forfeiture
             ,
             yet
             it
             disables
             not
             the
             Marriner
             of
             his
             wages
             ;
             for
             the
             Marriners
             having
             honestly
             performed
             their
             parts
             ,
             the
             Ship
             is
             tacitly
             obliged
             for
             their
             wages
             :
             But
             if
             the
             Ship
             perishes
             at
             Sea
             ,
             they
             lose
             their
             wages
             ,
             and
             the
             Owners
             their
             Freight
             .
             And
             this
             being
             the
             Maritime
             Custome
             ,
             is
             allowed
             by
             the
             Common
             Law
             as
             well
             as
             the
             Civil
             Law.
             
          
           
             VIII
             .
             The
             Courts
             at
             Westminster
             have
             been
             very
             favourable
             to
             Marriners
             in
             order
             to
             the
             suing
             for
             wages
             ,
             for
             at
             the
             Common
             Law
             they
             cannot
             joyn
             ,
             but
             must
             sue
             all
             distinct
             and
             apart
             for
             their
             wages
             .
          
           
             Yet
             in
             the
             Admiralty
             they
             may
             all
             joyn
             ,
             and
             the
             Courts
             at
             Westminster
             will
             not
             grant
             a
             Prohibition
             
             :
             And
             so
             it
             was
             Rul'd
             ,
             where
             one
             Jones
             a
             Master
             of
             a
             Ship
             was
             sentenc'd
             in
             the
             Admiralty
             for
             Wages
             at
             the
             Suit
             of
             Poor
             Marriners
             ,
             a
             Prohibition
             being
             prayed
             upon
             a
             suggestion
             that
             the
             Contract
             was
             made
             at
             Land
             ,
             and
             not
             
               super
               altum
               mare
            
             :
             The
             Court
             denyed
             it
             ,
             for
             that
             he
             
             came
             too
             late
             ,
             Sentence
             being
             given
             below
             against
             him
             :
             Yet
             if
             the
             Marriners
             had
             onely
             Libelled
             ,
             and
             there
             had
             been
             no
             Sentence
             ,
             and
             the
             Defendant
             had
             prayed
             a
             Prohibition
             as
             above
             ,
             yet
             the
             Court
             would
             have
             denyed
             it
             .
             And
             this
             has
             been
             and
             is
             usually
             done
             .
          
           
             But
             the
             Court
             will
             be
             very
             well
             informed
             that
             the
             Libel
             is
             for
             Marriners
             wages
             ;
             for
             some
             who
             work
             Carpenters
             work
             and
             such
             like
             labour
             aboard
             a
             Ship
             in
             a
             
             Haven
             or
             Port
             within
             the
             Realm
             (
             which
             is
             
               infra
               Corpus
               Comitatus
            
             ,
             (
             notwithstanding
             those
             great
             and
             ingenious
             Objections
             against
             it
             )
             and
             must
             be
             tryed
             by
             the
             Common
             
             Law
             ,
             and
             not
             elsewhere
             ,
             )
             will
             libel
             under
             that
             cloake
             for
             Marriners
             wages
             .
             But
             the
             Court
             in
             that
             case
             will
             grant
             a
             Prohibition
             .
             And
             so
             it
             was
             done
             in
             the
             like
             case
             .
          
           
             But
             if
             a
             Ship
             rides
             at
             Anchor
             in
             the
             Sea
             ,
             and
             the
             Master
             sends
             his
             Boat
             a
             shoare
             for
             Victuals
             or
             other
             provisions
             for
             the
             Ship
             ,
             and
             accordingly
             the
             Providore
             or
             the
             Slopp-seller
             does
             bring
             victuals
             and
             provisions
             aboard
             ;
             in
             that
             case
             if
             the
             contract
             be
             made
             there
             ,
             it
             
             must
             be
             sued
             for
             in
             the
             Admiralty
             :
             but
             if
             the
             goods
             are
             by
             the
             Purser
             or
             Marriners
             contracted
             for
             at
             land
             ,
             they
             must
             sue
             at
             Common
             Law.
             
          
           
             IX
             .
             If
             Goods
             are
             so
             imbezled
             or
             so
             damnified
             that
             the
             Ships
             Crew
             must
             answer
             ,
             the
             Owners
             and
             Master
             must
             deduct
             the
             same
             out
             of
             their
             Freight
             to
             the
             Merchants
             ,
             and
             the
             Master
             out
             of
             the
             wages
             of
             the
             Marriners
             ;
             for
             though
             Freight
             is
             the
             Mother
             of
             wages
             ,
             so
             is
             it
             the
             very
             Father
             of
             Damage
             :
             For
             before
             the
             Marriner
             can
             claym
             his
             wages
             out
             of
             what
             the
             Ship
             hath
             earn'd
             ,
             the
             Ship
             must
             be
             acquitted
             from
             the
             damage
             that
             the
             Merchant
             hath
             sustain'd
             ,
             by
             the
             negligence
             or
             fault
             of
             the
             Marriners
             :
             And
             the
             reason
             is
             ,
             for
             that
             as
             the
             Goods
             are
             obliged
             to
             answer
             the
             Freight
             ,
             so
             the
             Freight
             and
             Ship
             is
             tacitly
             obliged
             to
             clear
             the
             damage
             ;
             which
             b●…ing
             done
             ,
             the
             Marriners
             are
             then
             let
             in
             to
             their
             wages
             .
          
           
             X.
             If
             a
             Marriner
             be
             hyred
             ,
             and
             he
             deserts
             the
             Service
             before
             the
             Voyage
             ended
             ;
             by
             the
             Law
             Maritime
             he
             loses
             
             his
             wages
             :
             And
             the
             same
             Custome
             at
             Common
             Law
             pleaded
             ,
             it
             hasbeen
             conceived
             will
             barr
             him
             .
          
           
             If
             a
             Marriner
             shall
             commit
             any
             wilful
             or
             negligent
             fault
             ,
             by
             reason
             of
             which
             the
             Master
             ,
             Owners
             ,
             or
             the
             Ship
             answers
             damage
             to
             the
             Merchant
             ,
             an
             Action
             lyes
             well
             against
             him
             .
          
           
             XI
             .
             If
             a
             Marriner
             takes
             up
             moneys
             or
             Cloaths
             ,
             and
             the
             same
             is
             entred
             in
             the
             Purser's
             Book
             ;
             by
             the
             Custome
             Maritime
             it
             is
             a
             discount
             or
             a
             receipt
             of
             so
             much
             of
             their
             wages
             as
             the
             same
             amounts
             to
             :
             and
             in
             an
             Action
             brought
             by
             them
             for
             their
             wages
             ,
             the
             same
             shall
             be
             allowed
             ,
             and
             
             is
             not
             accounted
             mutual
             ,
             the
             one
             to
             bring
             his
             Action
             for
             the
             cloaths
             ,
             and
             the
             other
             for
             his
             wages
             .
          
           
             XII
             .
             A
             Master
             of
             a
             Ship
             may
             give
             moderate
             and
             
             due
             Correction
             to
             his
             Marriners
             ,
             and
             if
             they
             bring
             an
             Action
             against
             him
             ,
             he
             may
             justifie
             the
             same
             at
             the
             Common
             Law
             ;
             and
             by
             the
             Law
             of
             Oleron
             ,
             if
             a
             Marriner
             shall
             assault
             the
             Master
             ,
             he
             is
             to
             pay
             5.
             
             Solz
             ,
             or
             lose
             his
             
             hand
             .
          
           
             Marriners
             after
             they
             have
             unladed
             the
             Ship
             ,
             if
             they
             demand
             their
             wages
             ,
             and
             there
             be
             any
             intention
             of
             their
             
             departure
             ,
             the
             Master
             may
             detain
             a
             reasonable
             proportion
             of
             the
             same
             till
             they
             bring
             back
             the
             Ship
             ,
             or
             give
             caution
             to
             serve
             out
             the
             whole
             Voyage
             .
          
           
             XIII
             .
             Barratry
             of
             the
             Marriners
             is
             a
             Disease
             so
             Epidemical
             a
             shipboard
             ,
             that
             it
             is
             very
             rare
             for
             a
             master
             ,
             be
             his
             Industry
             never
             so
             great
             to
             prevent
             ;
             a
             Span
             of
             Villany
             a
             shipboard
             soon
             spreads
             out
             to
             a
             Cloud
             ,
             for
             no
             other
             cause
             but
             of
             that
             circular
             encouragement
             that
             one
             knavish
             Marriner
             gives
             to
             another
             .
          
           
             However
             the
             Law
             does
             in
             such
             cases
             impute
             offences
             and
             faults
             committed
             by
             them
             to
             be
             negligences
             in
             the
             
             Master
             ;
             and
             were
             it
             otherwise
             ,
             the
             Merchant
             would
             be
             in
             a
             very
             dangerous
             condition
             .
          
           
             The
             Reasons
             why
             they
             ought
             to
             be
             responsible
             ,
             are
             ,
             for
             that
             the
             Marriners
             are
             of
             his
             own
             choosing
             ,
             and
             under
             
             his
             Correction
             and
             Government
             ,
             and
             know
             no
             other
             Superiour
             a
             shipboard
             but
             himself
             ;
             and
             if
             they
             are
             faulty
             ,
             he
             may
             correct
             and
             punish
             them
             ,
             and
             justifie
             the
             same
             by
             Law
             :
             and
             likewise
             if
             the
             fact
             is
             apparently
             proved
             against
             them
             ,
             may
             re-imburse
             himself
             out
             of
             their
             wages
             .
          
           
             XIV
             .
             And
             therefore
             in
             all
             cases
             wheresoever
             the
             Merchants
             loads
             aboard
             any
             Goods
             or
             Merchandize
             ,
             if
             
             they
             be
             lost
             ,
             imbezled
             ,
             or
             any
             otherwise
             damnified
             ,
             he
             must
             be
             responsible
             for
             them
             ;
             for
             the
             very
             lading
             them
             aboard
             makes
             him
             lyable
             ,
             and
             that
             as
             well
             by
             the
             Common
             Law
             ,
             as
             the
             Law
             Maritime
             .
          
           
             XV.
             Nay
             ,
             if
             his
             Marriners
             go
             with
             the
             Ship
             Boat
             
             to
             the
             Key
             or
             Wharfe
             to
             fetch
             Goods
             a
             Shipboard
             ,
             if
             once
             they
             have
             taken
             charge
             of
             them
             ,
             the
             Master
             becomes
             
             immediately
             responsible
             if
             they
             steal
             ,
             lose
             ,
             damnifie
             or
             imbezle
             them
             .
          
           
             XVI
             .
             The
             antient'st
             Record
             that
             is
             found
             extant
             ,
             is
             that
             in
             Edw.
             the
             Third's
             time
             ,
             where
             one
             brought
             an
             Action
             of
             Trespass
             against
             the
             Master
             for
             the
             imbezlement
             by
             his
             Marriners
             of
             22
             pieces
             of
             Gold
             ,
             Bowe
             ,
             Sheaf
             of
             Arrowes
             ,
             Sword
             ,
             and
             other
             things
             ;
             And
             adjudged
             he
             should
             answer
             .
             And
             for
             that
             the
             same
             is
             or
             may
             be
             of
             great
             moment
             ,
             accept
             of
             a
             Transcript
             of
             the
             Record
             ,
             as
             the
             same
             was
             certified
             into
             Chancery
             ,
             in
             order
             to
             have
             it
             sent
             into
             the
             Kings-Bench
             ,
             to
             enable
             the
             Plaintiff
             to
             bring
             an
             Action
             upon
             the
             same
             Judgment
             in
             any
             place
             in
             England
             where
             he
             could
             meet
             with
             the
             Defendant
             .
          
           
             
               VEnerabili
               in
               Christo
               Patri
               Dn̄o
               I.
               Dei
               gratia
               
               Wygorn
               Episcopo
               Dn̄i
               Regis
               Ed.
               Cancellar̄
               vel
               eius
               locum
               tenenti
               sui
               humiles
               ,
               &
               devoti
               Robertus
               Gyene
               ,
               Major
               Uille
               Bristol
               ,
               Edwardus
               Blanckett
               ,
               &
               Ioh̄es
               de
               Castle-acre
               Ballivi
               libertatem
               ejusdem
               Uille
               ,
               salutem
               cum
               Omnia
               reverentia
               &
               honore
               ,
               De
               tenori
               &
               Recordi
               &
               ꝓcessus
               loquelle
               que
               fuit
               coram
               nobis
               in
               Cur̄
               Domini
               Regis
               
                 ibm
              
               sine
               braevi
               inter
               Henr̄
               Pilk
               &
               Iurdanum
               Uenere
               Magistrum
               navis
               voc̄
               la
               Graciane
               de
               Bayone
               in
               
                 plito
              
               transgress̄
               ꝓut
               ꝑ
               breve
               Dn̄i
               Regis
               nobis
               directum
               fuit
               vos
               inde
               certificatur
               ,
               sub
               sigillis
               nr̄is
               vobis
               si
               placet
               mitimus
               in
               hijs
               scriptis
               .
               Ad
               placit
               Tols
               tent̄
               
                 ibm
              
               die
               Martis
               ꝓx
               post
               Festum
               Epiphaniae
               Domini
               anno
               Regni
               Regis
               nunc
               24.
               
               Henr̄
               Pilk
               quer̄
               opt
               .
               se.
               versus
               Iurdanum
               Uenore
               Magistrum
               navis
               vocat̄
               la
               Graciane
               de
               Bayone
               de
               
                 plito
              
               transgress̄
               ꝑ
               
                 pl
              
               &c.
               &
               unde
               quer̄
               ,
               quod
               secundum
               legem
               &
               consuetudinem
               de
               OLERON
               unusquisque
               Magister
               navis
               tenetur
               respondere
               de
               quacunque
               transgr̄
               ꝑ
               servientes
               suos
               in
               eadem
               fact
               ,
               &
               Ioh̄es
               de
               Rule
               &
               Fartolet
               de
               Fornes
               Servientes
               p̄dicti
               Iurdani
               Magisteri
               navis
               p̄dicte
               die
               Mercur̄
               ꝓx
               '
               ante
               Festum
               Omnium
               Sanctorum
               Anno
               Regui
               p̄dicti
               Regis
               Ed.
               23.
               in
               Mari
               iuxta
               Britan
               :
               in
               eadem
               navi
               de
               Iohanne
               de
               Cornub̄
               
               servient̄
               p̄dict̄
               Henr̄
               22.
               libt̄
               in
               auro
               arcus
               
                 Sagit
              
               glad
               .
               &
               
                 al
              
               bona
               &
               catalla
               ad
               valenc̄
               40
               
                 l.
              
               ceperunt
               &
               asportaverunt
               injuste
               &c.
               ad
               dampnum
               p̄dict̄
               Henr̄
               60
               
                 l.
              
               &
               si
               p̄dictus
               Iurdanus
               hoc
               velit
               dedicere
               p̄dict̄
               Henr̄
               paratus
               est
               verificare
               &c.
               
               Et
               p̄dictus
               Iurdanus
               venit
               &
               dicit
               
                 qd
              
               lex
               de
               Oleron
               talis
               est
               
                 qd
              
               si
               aliqua
               bona
               &
               catalla
               Magistro
               alicujus
               navis
               liberata
               sunt
               
                 custodiend
              
               ,
               unde
               idem
               Magister
               ꝓ
               eisdem
               vel
               ꝓ
               aliqua
               alia
               re
               in
               eadem
               navi
               facta
               manucap̄
               illo
               modo
               Magr̄
               navis
               tenetur
               respondere
               ,
               non
               alio
               modo
               ,
               Et
               suꝑ
               hoc
               petit
               Iudicium
               ,
               Et
               
                 p̄dict
              
               Henr̄
               dicit
               
                 qd
              
               unusquisque
               Magister
               navis
               tenetur
               respondere
               d
               
               oe
               quacunque
               transgressione
               ꝑ
               servientes
               suos
               in
               navi
               sua
               fact
               ,
               &
               petit
               Iudicium
               
                 simlr̄
              
               .
               Et
               suꝑ
               hoc
               p̄dicte
               ꝑtes
               habent
               diem
               hic
               die
               Sabati
               ꝓx̄
               post
               Festum
               sc̄i
               Hillarij
               ꝓx̄
               .
               futur̄
               ad
               
                 audiend
              
               judicium
               suum
               &c.
               
               Ad
               quem
               diem
               pdicte
               ꝑtes
               venerunt
               &
               petierunt
               Iudicium
               suum
               &c.
               
               Et
               recitat
               .
               Recordo
               &
               processu
               p̄dictis
               in
               plena
               Curia
               Coram
               Majore
               &
               Ballivis
               &
               alijs
               probis
               hominibus
               Uille
               &
               Magistris
               &
               Marinarijs
               ,
               visum
               fuit
               Curie
               ,
               quod
               unusquisque
               Magister
               navis
               tenetur
               respondere
               de
               quacunque
               transgressione
               ꝑ
               servientes
               suos
               in
               navi
               sua
               facta
               ,
               Ideo
               consideratum
               
               est
               ,
               quod
               
                 p̄dict
              
               Henr̄
               recuperet
               dampna
               sua
               40
               
                 l.
              
               
                 vsus
              
               
                 p̄dict
              
               Iurdanum
               ꝑ
               Cur̄
               ta●at
               &
               nichilominus
               idem
               Iurdanus
               transgressione
               p̄dicta
               in
               mīa
               .
            
          
           
             XVII
             .
             The
             Master
             subject
             to
             answer
             damage
             ,
             is
             to
             be
             understood
             in
             all
             such
             cases
             where
             the
             Lading
             was
             brought
             aboard
             either
             by
             his
             consent
             or
             his
             Pursers
             ;
             for
             any
             other
             ,
             or
             such
             as
             shall
             be
             secretly
             brought
             in
             not
             being
             
             entred
             in
             the
             Purser's
             Book
             ,
             or
             in
             the
             Bills
             of
             Lading
             ,
             the
             Master
             is
             not
             obliged
             to
             see
             forth-coming
             ,
             unless
             it
             be
             such
             Goods
             as
             the
             parties
             bring
             into
             the
             Ship
             about
             them
             ,
             as
             cloaths
             ,
             money
             and
             the
             like
             ,
             as
             above
             ,
             those
             things
             being
             seldome
             entred
             ,
             yet
             most
             commonly
             are
             visible
             ,
             the
             Master
             by
             Law
             is
             responsible
             for
             .
          
           
           
             XVIII
             .
             So
             likewise
             if
             a
             Master
             forewarn
             a
             Passenger
             
             to
             keep
             his
             Goods
             ,
             and
             that
             he
             will
             no
             wayes
             take
             care
             of
             them
             ,
             and
             if
             they
             be
             lost
             or
             purloyned
             by
             the
             Crew
             ,
             he
             will
             not
             be
             obliged
             to
             see
             them
             forth-comeing
             ;
             The
             Master
             is
             not
             there
             held
             responsible
             in
             case
             
             of
             a
             loss
             ,
             especially
             if
             there
             be
             any
             thing
             of
             an
             agreement
             thereunto
             .
          
           
             XIX
             .
             But
             if
             Goods
             shall
             be
             sent
             aboard
             a
             Ship
             ,
             
             and
             the
             Master
             shall
             appoint
             a
             Cabin
             for
             the
             same
             ,
             and
             deliver
             the
             Key
             to
             the
             Lader
             and
             tell
             him
             he
             will
             not
             be
             responsible
             if
             a
             loss
             happens
             ;
             yet
             if
             the
             Goods
             are
             stole
             ,
             he
             must
             notwithstanding
             make
             satisfaction
             :
             By
             the
             Common
             Law
             it
             shall
             bind
             an
             Inn-keeper
             .
             
          
           
             Note
             ,
             That
             Goods
             once
             delivered
             to
             a
             Master
             ,
             the
             Cargo
             is
             not
             subject
             to
             be
             attached
             in
             his
             hands
             ,
             nor
             can
             any
             Custome
             whatsoever
             support
             the
             same
             ;
             for
             they
             are
             in
             Law
             as
             it
             were
             bayled
             to
             the
             Ship
             untill
             the
             Freight
             and
             all
             other
             charges
             are
             paid
             *
             :
             and
             very
             much
             doubted
             whether
             an
             Attachment
             can
             be
             made
             in
             London
             of
             any
             Goods
             at
             all
             lying
             a
             Shipboard
             in
             the
             Rives
             of
             Thames
             ,
             (
             which
             though
             the
             Port
             of
             London
             )
             notwithstanding
             Freight
             and
             all
             other
             charges
             are
             paid
             off
             .
          
        
         
           
           
             CHAP.
             IV.
             
               Of
               Freight
               ,
               Charter-parties
               ,
               and
               Demorage
               .
            
          
           
             
               
                 
                   I.
                   The
                   various
                   wayes
                   that
                   Ships
                   may
                   be
                   Freighted
                   at
                   this
                   day
                   .
                
                 
                   II.
                   The
                   ancient
                   way
                   of
                   Freighting
                   .
                
                 
                   III.
                   How
                   the
                   same
                   is
                   governed
                   upon
                   the
                   various
                   Contracts
                   ,
                   and
                   of
                   Accidents
                   happening
                   to
                   Masters
                   or
                   Laders
                   preventing
                   the
                   Voyage
                   .
                
                 
                   IV.
                   Of
                   Ships
                   laded
                   and
                   unladed
                   before
                   the
                   Voyage
                   begun
                   ;
                   Their
                   becoming
                   disabled
                   ,
                   viz.
                   perish
                   in
                   the
                   Voyage
                   before
                   the
                   same
                   is
                   compleated
                   .
                
                 
                   V.
                   Of
                   Ships
                   departure
                   considered
                   as
                   in
                   reference
                   to
                   Freight
                   and
                   Damage
                   .
                
                 
                   VI.
                   Of
                   Freight
                   arising
                   on
                   Trading
                   Voyages
                   ,
                   and
                   lost
                   by
                   contingent
                   actions
                   ,
                   considered
                   by
                   the
                   Common
                   Law
                   ,
                   and
                   the
                   Law
                   Maritime
                   .
                
                 
                   VII
                   .
                   Of
                   Freight
                   becoming
                   due
                   upon
                   the
                   various
                   wayes
                   of
                   Contract
                   ,
                   or
                   general
                   where
                   none
                   was
                   agreed
                   for
                   .
                
                 
                   VIII
                   .
                   Of
                   Faults
                   arising
                   from
                   the
                   Freighters
                   ,
                   and
                   of
                   the
                   decease
                   of
                   the
                   Ship
                   ,
                   as
                   in
                   reference
                   to
                   Freight
                   .
                
                 
                   IX
                   .
                   Of
                   Faults
                   of
                   Masters
                   arising
                   from
                   taking
                   in
                   Goods
                   more
                   than
                   were
                   contracted
                   for
                   ;
                   And
                   of
                   being
                   forc'd
                   into
                   Ports
                   in
                   his
                   passage
                   .
                
                 
                   X.
                   Passengers
                   dying
                   ,
                   the
                   Ship●…
                   title
                   to
                   their
                   Goods
                   and
                   Concerns
                   .
                
                 
                   XI
                   .
                   The
                   Ship
                   in
                   construction
                   of
                   Law
                   ,
                   how
                   far
                   lyable
                   to
                   Freight
                   .
                
                 
                   XII
                   .
                   Ships
                   taken
                   and
                   retaken
                   in
                   Warr
                   ,
                   whether
                   the
                   same
                   destroyes
                   the
                   Contract
                   .
                
                 
                   XIII
                   .
                   Goods
                   become
                   lost
                   without
                   fault
                   of
                   the
                   Ship
                   ,
                   whether
                   Freight
                   becomes
                   due
                   .
                
                 
                   XIV
                   .
                   Of
                   Freight
                   contracted
                   with
                   persons
                   deficient
                   .
                
                 
                   XV.
                   Of
                   Ships
                   contracted
                   for
                   by
                   the
                   mouth
                   to
                   be
                   paid
                   at
                   the
                   arrival
                   at
                   a
                   Port
                   ;
                   Ship
                   is
                   cast
                   away
                   ,
                   the
                   Goods
                   saved
                   :
                   whether
                   the
                   Freight
                   ought
                   to
                   he
                   paid
                   .
                
              
            
          
           
             I.
             IN
             the
             Freighting
             of
             Ships
             respect
             is
             alwayes
             had
             to
             the
             Ship
             it self
             ,
             or
             else
             to
             a
             certain
             part
             thereof
             .
          
           
             Again
             ,
             The
             Merchants
             either
             Freight
             her
             by
             the
             Month
             ,
             or
             the
             Entire
             Voyage
             ,
             or
             by
             the
             Tun
             ;
             for
             it
             is
             one
             thing
             to
             Freight
             a
             Ship
             ,
             and
             another
             thing
             to
             take
             certain
             Tunnage
             to
             Freight
             .
          
           
             So
             also
             it
             is
             one
             thing
             to
             be
             a
             Cape-Merchant
             ,
             another
             to
             be
             an
             under
             Freighter
             .
          
           
           
             II.
             There
             was
             of
             old
             another
             way
             of
             Freighting
             ,
             which
             was
             when
             the
             Merchant
             agreed
             with
             the
             Master
             
             for
             a
             Sum
             certain
             to
             convoy
             the
             Goods
             ensur'd
             against
             all
             peril
             ;
             such
             were
             to
             be
             responsible
             if
             any
             detriment
             or
             loss
             happened
             :
             but
             that
             is
             now
             become
             obsolete
             .
          
           
             III.
             Freight
             is
             governed
             generally
             by
             the
             contract
             ,
             
             and
             varies
             according
             to
             the
             agreement
             ,
             reduced
             generally
             into
             a
             Writing
             commonly
             called
             a
             Charter-party
             ,
             executed
             between
             the
             Owners
             and
             Merchant
             ,
             or
             the
             Master
             in
             the
             behalf
             of
             himself
             and
             Owners
             ,
             or
             himself
             
             and
             the
             Merchant
             ,
             or
             between
             them
             all
             .
          
           
             The
             Master
             or
             Owners
             generally
             Covenant
             to
             provide
             a
             Pylott
             and
             all
             other
             Officers
             and
             Marriners
             ,
             and
             all
             other
             things
             necessary
             for
             the
             Voyage
             ;
             and
             for
             the
             taking
             in
             and
             delivering
             out
             of
             the
             Lading
             .
          
           
             If
             there
             be
             an
             agreement
             and
             earnest
             ,
             but
             no
             writing
             ,
             
             if
             the
             same
             be
             broke
             off
             by
             the
             Merchant
             ,
             he
             loseth
             his
             earnest
             ;
             but
             if
             the
             Owners
             or
             Master
             repent
             ,
             they
             lose
             double
             the
             earnest
             .
          
           
             But
             by
             the
             
               Common
               Law
               of
               England
            
             the
             party
             damnified
             
             may
             bring
             his
             Action
             of
             the
             Case
             and
             recover
             his
             damages
             on
             the
             agreement
             .
          
           
             If
             a
             time
             is
             appointed
             by
             the
             Charterparty
             ,
             and
             either
             the
             Ship
             is
             not
             ready
             to
             take
             in
             ,
             or
             the
             Merchant
             not
             ready
             to
             lade
             aboard
             ,
             the
             parties
             are
             at
             liberty
             ,
             and
             the
             party
             damnified
             hath
             his
             remedy
             against
             the
             other
             by
             Action
             ,
             to
             recompence
             the
             detriment
             .
          
           
             If
             part
             of
             the
             Lading
             be
             a
             Shipboard
             ,
             and
             it
             happens
             some
             misfortune
             may
             overtake
             the
             Merchant
             that
             he
             hath
             not
             his
             full
             Lading
             aboard
             at
             the
             time
             ,
             the
             Master
             is
             at
             liberty
             to
             contract
             with
             another
             ,
             and
             shall
             have
             Freight
             by
             way
             of
             damage
             for
             the
             time
             that
             those
             Goods
             were
             aboard
             after
             the
             time
             limited
             ;
             for
             such
             agreements
             are
             of
             a
             
               Conditional
               nature
               precedent
            
             ,
             a
             failer
             as
             to
             a
             compleat
             Lading
             will
             determine
             the
             same
             ,
             unless
             afterwards
             
               affirm'd
               by
               consent
            
             .
             And
             though
             it
             be
             no
             prudence
             for
             every
             Merchant
             or
             every
             Master
             to
             depart
             from
             the
             Contract
             if
             it
             should
             so
             fall
             out
             that
             the
             Agreement
             as
             to
             the
             Lading
             is
             not
             performed
             according
             to
             the
             Charter-party
             or
             Agreement
             ,
             (
             seldome
             ever
             done
             if
             any
             part
             be
             
             aboard
             )
             yet
             it
             is
             the
             highest
             Justice
             ,
             that
             Ships
             and
             Masters
             should
             not
             be
             infettered
             but
             free
             ;
             for
             otherwise
             by
             the
             bare
             lading
             of
             a
             Cask
             or
             Bale
             ,
             they
             might
             be
             defeated
             of
             the
             opportunity
             of
             Passage
             or
             Season
             of
             the
             year
             .
          
           
             So
             on
             the
             other
             hand
             ,
             if
             the
             Vessel
             is
             not
             ready
             ,
             the
             
             Merchant
             may
             ship
             aboard
             in
             another
             Vessel
             the
             remainder
             of
             his
             Goods
             ,
             and
             discharge
             the
             first
             Skipper
             ,
             and
             recover
             damages
             against
             the
             Master
             or
             Owners
             for
             the
             rest
             :
             And
             this
             is
             grounded
             upon
             the
             like
             reason
             as
             the
             former
             .
          
           
             And
             therefore
             by
             the
             
               Law
               Maritime
            
             ,
             chance
             or
             some
             
             other
             notorious
             necessity
             will
             excuse
             the
             Master
             ;
             but
             then
             he
             loseth
             his
             Freight
             till
             such
             time
             as
             he
             
               breaks
               ground
            
             :
             And
             till
             then
             he
             sustains
             the
             loss
             of
             the
             Ship.
             
          
           
             But
             if
             the
             fault
             be
             in
             the
             Merchant
             ,
             he
             then
             must
             answer
             
             the
             Master
             and
             the
             Ships
             damage
             ,
             or
             else
             be
             lyable
             to
             entertain
             the
             Ships
             Crew
             ten
             dayes
             at
             his
             own
             Charge
             ;
             but
             after
             that
             ,
             then
             the
             full
             Freight
             :
             and
             if
             any
             damage
             
             happens
             afterwards
             ,
             the
             Merchant
             must
             run
             the
             risque
             of
             that
             ,
             and
             not
             the
             Master
             or
             Owners
             .
             But
             by
             the
             Common
             Law
             ,
             so
             long
             as
             the
             master
             hath
             the
             Goods
             
             a
             shipboard
             he
             must
             see
             them
             forth-coming
             .
          
           
             IV.
             If
             Goods
             are
             fully
             laded
             aboard
             ,
             and
             the
             Ship
             hath
             
               broke
               ground
            
             ,
             the
             Merchant
             on
             consideration
             afterwards
             
             resolves
             not
             on
             the
             adventure
             ,
             but
             will
             unlade
             again
             ;
             by
             the
             
               Law
               Maritime
            
             the
             Freight
             seems
             deserved
             .
          
           
             But
             if
             the
             Ship
             in
             her
             Voyage
             becomes
             unable
             without
             the
             Masters
             fault
             ,
             or
             that
             the
             Master
             or
             Ship
             be
             Arrested
             
             by
             some
             Prince
             or
             State
             in
             her
             Voyage
             ,
             the
             Master
             may
             either
             
               mend
               his
               Ship
               ,
               or
               Freight
               another
               .
            
          
           
             But
             if
             the
             Merchant
             will
             not
             agree
             to
             the
             same
             ,
             then
             
             the
             Freight
             becomes
             due
             for
             so
             much
             as
             the
             Ship
             hath
             earned
             :
             For
             otherwise
             the
             Master
             is
             lyable
             for
             all
             damage
             that
             shall
             happen
             .
             And
             therefore
             if
             that
             Ship
             to
             which
             the
             Goods
             were
             transladed
             perish
             ,
             the
             Master
             shall
             answer
             ;
             but
             if
             both
             the
             Ships
             perish
             ,
             then
             is
             he
             discharged
             .
          
           
           
             But
             if
             there
             be
             extream
             necessity
             ,
             as
             that
             the
             Ship
             is
             in
             a
             sinking
             condition
             ,
             and
             an
             empty
             ship
             is
             passing
             by
             or
             at
             hand
             ,
             he
             may
             translade
             the
             Goods
             ;
             and
             if
             that
             Ship
             sink
             or
             perishes
             ,
             he
             is
             there
             excused
             :
             but
             then
             it
             must
             be
             apparent
             that
             that
             Ship
             seem'd
             probable
             and
             sufficient
             .
          
           
             V.
             If
             a
             set
             time
             be
             fixed
             and
             agreed
             upon
             between
             the
             Merchant
             and
             the
             Master
             wherein
             to
             begin
             and
             
             finish
             his
             Voyage
             ,
             it
             may
             not
             be
             altred
             by
             the
             
               supra
               Cargo
            
             without
             special
             Commission
             for
             that
             purpose
             .
          
           
             If
             a
             Master
             shall
             weigh
             Anchor
             and
             stand
             out
             to
             his
             Voyage
             after
             the
             time
             covenanted
             or
             agreed
             on
             for
             his
             departure
             ,
             if
             any
             damage
             happens
             at
             Sea
             after
             that
             time
             ,
             he
             shall
             refund
             and
             make
             good
             all
             such
             misfortune
             .
          
           
             If
             it
             is
             agreed
             that
             the
             Master
             shall
             sayl
             from
             London
             
             to
             Leighorne
             in
             two
             moneths
             ,
             and
             Freight
             accordingly
             is
             agreed
             on
             ,
             if
             he
             begins
             the
             Voyage
             within
             the
             two
             months
             ,
             though
             he
             does
             not
             arrive
             at
             Leighorne
             within
             the
             time
             ,
             yet
             the
             Freight
             is
             become
             due
             .
          
           
             VI.
             If
             a
             Ship
             is
             Freighted
             from
             one
             Port
             to
             another
             
             Port
             ,
             and
             thence
             to
             a
             third
             ,
             fourth
             ,
             and
             so
             home
             to
             the
             Port
             from
             whence
             she
             first
             sayled
             ,
             (
             commonly
             called
             
               a
               trading
               Voyage
            
             )
             this
             is
             all
             but
             one
             and
             the
             same
             Voyage
             ,
             so
             as
             it
             be
             in
             conformity
             to
             the
             Charterparty
             .
          
           
             A
             Merchant
             agrees
             with
             a
             Master
             ,
             That
             if
             he
             carries
             his
             Goods
             to
             such
             a
             Port
             ,
             he
             will
             then
             pay
             him
             such
             a
             Sum
             ;
             in
             the
             Voyage
             the
             Ship
             is
             assaulted
             ,
             entred
             and
             robb'd
             by
             Pyrats
             ,
             and
             part
             of
             her
             Lading
             taken
             forth
             ,
             
             and
             afterward
             the
             remainder
             is
             brought
             to
             the
             Port
             of
             discharge
             ,
             yet
             the
             sum
             agreed
             upon
             is
             not
             become
             due
             ;
             for
             the
             Agreement
             is
             not
             by
             the
             Master
             performed
             .
          
           
             But
             by
             the
             Civil
             Law
             this
             is
             
               vis
               major
            
             ,
             or
             
               casus
               fortuitus
            
             ,
             there
             being
             no
             default
             in
             the
             Master
             or
             his
             Marriners
             ,
             and
             the
             same
             is
             a
             danger
             or
             peril
             of
             the
             Sea
             ,
             which
             if
             not
             in
             Navall
             Agreements
             exprest
             ,
             yet
             is
             naturally
             implyed
             :
             For
             most
             certain
             had
             those
             goods
             
             which
             the
             Pyrats
             carried
             away
             in
             stress
             of
             weather
             ,
             
               Navis
               levandae
               causa
            
             ,
             been
             thrown
             over-board
             ,
             the
             same
             
             would
             not
             have
             made
             a
             disability
             as
             to
             the
             Receipt
             of
             the
             sum
             agreed
             on
             ;
             for
             by
             both
             the
             Common
             Law
             ,
             and
             the
             Law
             Maritime
             ,
             the
             act
             of
             God
             ,
             or
             that
             of
             an
             Enemy
             shall
             no
             wayes
             work
             a
             wrong
             in
             actions
             private
             .
          
           
             VII
             .
             If
             a
             Ship
             be
             Freighted
             by
             the
             Tun
             ,
             and
             she
             is
             full
             laded
             according
             to
             the
             Charterparty
             ,
             the
             Freight
             is
             to
             be
             paid
             for
             the
             whole
             ;
             otherwise
             but
             for
             so
             many
             Tun
             as
             the
             Lading
             amounted
             to
             .
          
           
             If
             Freight
             be
             contracted
             for
             the
             Lading
             of
             certain
             Cattle
             or
             the
             like
             from
             Dublin
             to
             West-Chester
             ,
             if
             some
             of
             them
             happen
             to
             dye
             before
             the
             Ships
             arrival
             at
             West-Chester
             ;
             the
             whole
             Freight
             is
             become
             due
             as
             well
             for
             the
             dead
             as
             the
             living
             .
          
           
             But
             if
             the
             Freight
             be
             contracted
             for
             the
             Transporting
             
             them
             ,
             if
             death
             happens
             ,
             there
             arises
             due
             no
             more
             Freight
             then
             onely
             for
             such
             as
             are
             living
             at
             the
             Ships
             arrival
             at
             her
             Port
             of
             discharge
             ,
             and
             not
             for
             the
             dead
             .
          
           
             If
             the
             Cattle
             or
             Slaves
             are
             sent
             aboard
             ,
             and
             no
             agreement
             is
             made
             either
             for
             lading
             or
             transporting
             them
             ,
             but
             generally
             ,
             then
             Freight
             shall
             be
             paid
             as
             well
             for
             the
             dead
             as
             the
             living
             .
          
           
             If
             Freight
             be
             contracted
             for
             the
             transporting
             of
             Women
             ,
             and
             they
             happen
             in
             the
             Voyage
             to
             be
             delivered
             of
             Children
             on
             Ship-board
             ,
             no
             Freight
             becomes
             due
             for
             the
             Infants
             .
          
           
             The
             Charterparty
             does
             settle
             the
             Agreement
             ,
             and
             the
             Bills
             of
             Lading
             the
             contents
             of
             the
             Cargo
             ,
             and
             binds
             
             the
             Master
             to
             deliver
             them
             well
             conditioned
             at
             the
             place
             of
             discharge
             according
             to
             the
             contents
             of
             the
             Charterparty
             or
             Agreement
             ;
             and
             for
             performance
             ,
             the
             Master
             obliges
             himself
             ,
             Ship
             ,
             Tackle
             and
             Furniture
             to
             see
             the
             same
             done
             and
             performed
             .
          
           
             If
             Goods
             are
             sent
             aboard
             generally
             ,
             the
             Freight
             must
             be
             according
             to
             Freight
             for
             the
             like
             accustomed
             Voyages
             .
          
           
             If
             a
             Ship
             shall
             be
             Freighted
             and
             named
             to
             be
             of
             such
             a
             Burden
             ,
             and
             being
             Freighted
             by
             the
             Tun
             shall
             be
             found
             less
             ,
             there
             shall
             no
             more
             be
             paid
             than
             onely
             by
             
             the
             Tun
             for
             all
             such
             Goods
             as
             were
             laded
             aboard
             .
          
           
             If
             a
             Ship
             be
             Freighted
             for
             two
             hundred
             Tuns
             or
             thereabouts
             ,
             the
             addition
             of
             thereabouts
             ,
             is
             commonly
             reduced
             to
             be
             within
             5.
             
             Tun
             more
             or
             less
             ,
             as
             the
             moiety
             of
             the
             number
             Ten
             ,
             whereof
             the
             whole
             number
             is
             compounded
             .
          
           
             If
             a
             Ship
             be
             Freighted
             by
             the
             great
             ,
             and
             the
             burden
             of
             it
             is
             not
             exprest
             ,
             yet
             the
             sum
             certain
             is
             to
             be
             paid
             .
          
           
             VIII
             .
             If
             the
             Ship
             by
             reason
             of
             any
             fault
             arising
             from
             the
             Freighter
             ,
             as
             lading
             aboard
             prohibited
             or
             unlawful
             
             Commodities
             ,
             occasions
             a
             detention
             ,
             or
             otherwise
             impedes
             the
             Ships
             Voyage
             ,
             he
             shall
             answer
             the
             Freight
             contracted
             and
             agreed
             for
             .
          
           
             If
             a
             Ship
             be
             Freighted
             
               out
               and
               in
            
             ,
             there
             arises
             due
             
             for
             Freight
             nothing
             till
             the
             whole
             Voyage
             be
             performed
             .
             So
             that
             if
             the
             Ship
             dye
             or
             is
             cast
             away
             coming
             home
             ,
             the
             Freight
             outwards
             as
             well
             as
             inwards
             becomes
             lost
             .
          
           
             IX
             .
             If
             a
             Master
             Freights
             out
             his
             Ship
             ,
             and
             afterwards
             
             secretly
             takes
             in
             other
             Goods
             unknown
             to
             the
             first
             Laders
             ,
             by
             the
             Law
             Maritime
             he
             loses
             his
             Freight
             ;
             and
             if
             it
             should
             so
             fall
             out
             that
             any
             of
             the
             Freighters
             Goods
             should
             for
             safety
             of
             the
             Ship
             be
             cast
             over-board
             ,
             the
             rest
             shall
             not
             become
             subject
             to
             the
             Averidge
             ,
             but
             the
             Master
             must
             make
             good
             that
             out
             of
             his
             own
             purse
             :
             But
             if
             the
             Goods
             are
             brought
             into
             the
             Ship
             secretly
             against
             his
             knowledge
             ,
             it
             is
             otherwise
             ;
             and
             Goods
             so
             brought
             in
             ,
             the
             same
             may
             be
             subjected
             to
             what
             Freight
             the
             Master
             thinks
             fitting
             .
             
               Consol.
               del
               Mere.
            
             
          
           
             If
             the
             Ship
             puts
             in
             to
             any
             other
             Port
             then
             what
             she
             was
             Freighted
             to
             ,
             the
             Master
             shall
             answer
             damage
             to
             the
             Merchant
             ;
             but
             if
             forc'd
             in
             by
             storm
             ,
             or
             by
             Enemy
             ,
             or
             
             Pyrats
             ,
             he
             then
             must
             sayl
             to
             the
             Port
             conditioned
             at
             his
             own
             costs
             .
          
           
             Generally
             the
             touching
             at
             several
             Ports
             by
             agreement
             ,
             imports
             not
             a
             diversity
             ,
             but
             a
             Voyage
             entire
             .
          
           
             X.
             If
             Passengers
             having
             Goods
             happen
             to
             decease
             a
             Ship-board
             ,
             the
             Master
             is
             to
             inventory
             their
             concerns
             ,
             and
             the
             same
             may
             a
             year
             keep
             ;
             and
             if
             none
             claym
             the
             
             same
             ,
             the
             Master
             becomes
             Proprietor
             defeazeable
             :
             but
             the
             Bedding
             and
             Furniture
             of
             the
             parties
             become
             the
             Master
             and
             his
             Mates
             ,
             and
             the
             clothing
             are
             to
             be
             brought
             to
             the
             
               Ship-Mast
               head
            
             ,
             and
             there
             praised
             and
             distributed
             
             amongst
             the
             crew
             ,
             as
             a
             reward
             for
             their
             care
             of
             seeing
             the
             body
             put
             into
             the
             Sea.
             
          
           
             XI
             .
             The
             Lading
             of
             the
             Ship
             in
             construction
             of
             Law
             
             is
             tacitly
             obliged
             for
             the
             Freight
             ,
             the
             same
             being
             in
             point
             of
             payment
             preferred
             before
             any
             other
             Debts
             to
             which
             the
             Goods
             so
             laden
             are
             lyable
             ,
             though
             such
             Debts
             as
             to
             time
             were
             precedent
             to
             the
             Freight
             ;
             for
             the
             Goods
             remain
             as
             it
             were
             bayled
             for
             the
             same
             :
             nor
             can
             they
             be
             Attached
             in
             the
             Masters
             hands
             (
             though
             vulgarly
             is
             conceived
             otherwise
             .
             )
          
           
             Ships
             deserve
             wages
             like
             unto
             a
             Labourer
             ,
             and
             therefore
             in
             the
             eye
             of
             the
             Law
             the
             actions
             touching
             the
             same
             are
             generally
             construed
             favourably
             for
             the
             Ship
             and
             her
             Owners
             :
             And
             therefore
             if
             4.
             part
             Owners
             of
             5.
             shall
             make
             up
             their
             Accounts
             with
             the
             Freighters
             and
             
             receive
             their
             proportions
             ,
             yet
             the
             fifth
             man
             may
             sue
             singly
             by
             himself
             without
             joyning
             with
             the
             rest
             ;
             and
             this
             as
             well
             by
             the
             
               Common
               Law
            
             ,
             as
             the
             
               Law
               Maritime
            
             .
          
           
             XII
             .
             A
             Ship
             in
             her
             Voyage
             happens
             to
             be
             taken
             by
             an
             Enemy
             ,
             afterwards
             in
             Battle
             is
             retaken
             by
             another
             Ship
             in
             Amity
             ,
             and
             restitution
             is
             made
             ,
             and
             she
             proceeds
             on
             in
             her
             Voyage
             ,
             the
             Contract
             is
             not
             determined
             ;
             though
             the
             taking
             by
             the
             Enemy
             divested
             the
             property
             
             out
             of
             the
             Owners
             ,
             yet
             by
             the
             Law
             of
             Warr
             that
             possession
             was
             defeazeable
             ,
             and
             being
             recovered
             in
             Battel
             afterward
             ,
             the
             Owners
             became
             re-invested
             :
             so
             the
             Contract
             
             by
             fiction
             of
             Law
             became
             as
             if
             she
             never
             had
             been
             taken
             ,
             and
             so
             the
             entire
             Freight
             becomes
             due
             .
          
           
             XIII
             .
             If
             Freight
             be
             taken
             for
             100
             Tuns
             of
             Wine
             ,
             and
             20
             of
             them
             leak
             out
             ,
             so
             that
             there
             is
             not
             above
             8.
             inches
             from
             the
             Buge
             upwards
             ,
             yet
             the
             Freight
             becomes
             due
             :
             One
             reason
             is
             ,
             because
             from
             that
             gage
             the
             King
             
             becomes
             entitled
             to
             Custome
             ;
             but
             if
             they
             be
             under
             8.
             inches
             ,
             by
             some
             it
             is
             conceived
             to
             be
             then
             in
             the
             Election
             of
             the
             Freighters
             to
             fling
             them
             up
             to
             the
             Master
             for
             
             Freight
             ,
             and
             the
             Merchant
             is
             discharged
             .
             But
             most
             conceive
             otherwise
             ,
             for
             if
             all
             had
             leaked
             out
             ,
             (
             if
             there
             was
             no
             fault
             in
             the
             Master
             )
             there
             is
             no
             reason
             the
             Ship
             should
             lose
             her
             Freight
             ;
             for
             the
             Freight
             arises
             from
             the
             Tunnage
             taken
             ,
             and
             if
             the
             leakage
             were
             occasioned
             through
             storm
             ,
             the
             same
             perhaps
             may
             come
             into
             an
             Averidge
             ;
             Besides
             ,
             In
             Burdaux
             the
             Master
             stowes
             not
             the
             Goods
             ,
             but
             the
             particular
             Officers
             appointed
             for
             that
             purpose
             ,
             
               quod
               Nota.
            
             Perhaps
             a
             special
             convention
             may
             alter
             the
             case
             .
          
           
             Most
             certain
             ,
             if
             a
             Ship
             Freighted
             by
             the
             great
             be
             cast
             
             away
             ,
             the
             Freight
             vanishes
             ;
             but
             if
             by
             the
             Tun
             or
             Pieces
             of
             Commodity
             ,
             and
             she
             happens
             to
             be
             cast
             away
             ,
             afterwards
             part
             is
             saved
             ;
             doubted
             whether
             
               pro
               rata
            
             she
             ought
             not
             to
             be
             answered
             her
             Freight
             .
          
           
             XIV
             .
             If
             a
             Merchant
             takes
             Freight
             by
             contracting
             with
             a
             Marriner
             that
             is
             not
             a
             Master
             ,
             he
             must
             be
             contented
             to
             sit
             down
             without
             any
             remedy
             against
             the
             Owners
             ;
             but
             perhaps
             such
             a
             Marriner
             for
             such
             act
             may
             subject
             himself
             to
             an
             action
             .
          
           
             But
             if
             there
             be
             a
             fault
             committed
             by
             a
             Marriner
             which
             was
             hired
             or
             put
             in
             by
             the
             Master
             or
             Owners
             ,
             there
             for
             
             reparation
             the
             Owners
             become
             lyable
             .
          
           
             XV.
             The
             Master
             is
             not
             bound
             to
             answer
             Freight
             to
             the
             Owners
             for
             passengers
             if
             they
             are
             found
             to
             be
             unable
             
             to
             pay
             .
          
           
             If
             a
             Ship
             by
             Charterparty
             reciting
             to
             be
             of
             the
             Burden
             of
             200
             Tuns
             is
             taken
             to
             Freight
             for
             a
             sum
             certain
             ,
             to
             be
             paid
             at
             her
             return
             ;
             the
             sum
             certain
             is
             to
             be
             paid
             though
             the
             Ship
             amounts
             not
             to
             that
             Burden
             .
          
           
             If
             a
             Ship
             is
             Freighted
             after
             the
             rate
             of
             20
             l.
             for
             every
             moneth
             that
             she
             shall
             be
             out
             ,
             to
             be
             paid
             after
             arrival
             at
             the
             
               Port
               of
               London
            
             ;
             the
             Ship
             is
             cast
             away
             coming
             up
             from
             the
             Downs
             ,
             but
             the
             Lading
             is
             all
             preserved
             ;
             yet
             the
             Freight
             is
             become
             due
             :
             for
             the
             money
             arises
             due
             monthly
             by
             the
             Contract
             ,
             and
             the
             place
             mentioned
             is
             onely
             to
             shew
             where
             payment
             is
             to
             be
             made
             ,
             for
             the
             Ship
             deserves
             wages
             like
             a
             Marriner
             who
             serveth
             by
             the
             month
             ;
             and
             though
             he
             dyes
             in
             the
             Voyage
             ,
             yet
             his
             Executors
             
             are
             to
             be
             answered
             
               pro
               rata
            
             :
             Besides
             ,
             the
             Freight
             becomes
             due
             by
             intendment
             on
             the
             delivery
             or
             bringing
             up
             of
             the
             Commodities
             to
             the
             Port
             of
             London
             ,
             and
             not
             of
             the
             Ship.
             
          
           
             If
             the
             Master
             enters
             into
             a
             Charterparty
             for
             himself
             and
             Owners
             ,
             the
             Master
             in
             that
             case
             may
             release
             the
             Freighters
             without
             advising
             with
             the
             Owners
             ;
             but
             if
             the
             Owners
             let
             out
             to
             the
             Freighters
             such
             a
             Ship
             whereof
             
               J.
               S.
            
             is
             Master
             ,
             though
             the
             Master
             Covenant
             in
             the
             same
             Charterparty
             and
             subscribes
             ,
             yet
             his
             Release
             in
             that
             case
             will
             not
             bind
             the
             Owners
             ,
             but
             the
             Owners
             release
             on
             the
             other
             hand
             will
             conclude
             the
             Master
             ;
             And
             the
             reason
             is
             ,
             for
             that
             the
             Master
             is
             not
             made
             a
             proper
             party
             to
             the
             Indenture
             .
             And
             so
             it
             was
             Rul'd
             ,
             where
             an
             Indenture
             of
             Charterparty
             was
             made
             between
             Scudamore
             and
             other
             Owners
             of
             the
             good
             Ship
             called
             the
             B.
             whereof
             
               Robert
               Pitman
            
             was
             Master
             on
             the
             one
             party
             ,
             and
             Vandenstene
             on
             the
             other
             party
             ;
             In
             which
             Indenture
             the
             Plaintiff
             did
             Covenant
             with
             the
             said
             Vandenstene
             and
             
               Robert
               Pitman
            
             ,
             and
             bound
             themselves
             to
             the
             Plaintiff
             and
             
               Robert
               Pitman
            
             for
             performance
             of
             Covenants
             in
             600
             l.
             and
             the
             Conclusion
             of
             the
             Indenture
             was
             ,
             —
             
               In
               witness
               whereof
            
             the
             
             said
             
               Robert
               Pitman
            
             put
             his
             hand
             and
             seal
             ,
             and
             delivered
             the
             same
             ;
             in
             an
             Action
             of
             Debt
             brought
             upon
             the
             Bond
             for
             performance
             of
             Covenants
             ,
             the
             Defendant
             pleaded
             the
             Release
             of
             Pitman
             ;
             whereupon
             the
             Plaintiff
             demurred
             :
             And
             it
             was
             adjudged
             ,
             That
             the
             Release
             of
             Pitman
             did
             not
             barr
             the
             Plaintiff
             ,
             because
             he
             was
             no
             party
             to
             the
             Indenture
             .
             And
             the
             diversity
             in
             that
             case
             was
             taken
             and
             agreed
             between
             an
             Indenture
             reciprocal
             between
             parties
             on
             the
             one
             side
             ,
             and
             parties
             on
             the
             other
             side
             ,
             as
             that
             was
             ;
             for
             there
             no
             Bond
             ,
             Covenant
             or
             Grant
             can
             be
             made
             to
             or
             with
             any
             that
             is
             not
             party
             to
             the
             Deed
             ,
             but
             where
             the
             Deed
             indented
             is
             not
             reciprocal
             ,
             but
             is
             without
             a
             
               Between
               ,
               &c.
            
             as
             
               Omnibus
               Christi
               fidelibus
               ,
               &c.
            
             there
             a
             Bond
             ,
             Covenant
             or
             Grant
             may
             be
             made
             to
             divers
             several
             persons
             .
          
        
         
           
           
             CHAP.
             V.
             
               Of
               Wreck
            
             .
          
           
             
               
                 
                   I.
                   Of
                   Goods
                   Wreckt
                   as
                   in
                   relation
                   to
                   the
                   alteration
                   of
                   the
                   property
                   by
                   the
                   Civil
                   Law.
                   
                
                 
                   II.
                   Of
                   the
                   preservation
                   of
                   Goods
                   Wreckt
                   ,
                   and
                   the
                   punishment
                   of
                   those
                   that
                   should
                   add
                   misery
                   to
                   the
                   condition
                   of
                   such
                   persons
                   so
                   distressed
                   .
                
                 
                   III.
                   Of
                   Goods
                   Wreckt
                   ,
                   their
                   preservation
                   according
                   to
                   the
                   Lawes
                   of
                   Oleron
                   ,
                   and
                   of
                   England
                   ,
                   and
                   of
                   the
                   punishment
                   of
                   those
                   that
                   shall
                   not
                   make
                   restitution
                   .
                
                 
                   IV.
                   Of
                   contribution
                   where
                   the
                   Ship
                   perishes
                   ,
                   and
                   the
                   Goods
                   are
                   all
                   saved
                   ,
                   and
                   where
                   not
                   .
                
                 
                   V.
                   The
                   King
                   of
                   
                     Great
                     Britain's
                  
                   Prerogative
                   as
                   in
                   relation
                   to
                   Wreck
                   and
                   other
                   Royalties
                   of
                   the
                   Sea.
                   
                
                 
                   VI.
                   Of
                   
                     Flotsam
                     ,
                     Jetsam
                  
                   and
                   Lagan
                   ,
                   where
                   the
                   King
                   shall
                   have
                   the
                   same
                   ,
                   and
                   whether
                   by
                   the
                   grant
                   of
                   Wreck
                   the
                   same
                   passes
                   ;
                   and
                   where
                   a
                   Subject
                   may
                   prescribe
                   .
                
                 
                   VII
                   .
                   Of
                   Ships
                   Wreckt
                   and
                   no
                   Creature
                   in
                   them
                   ,
                   yet
                   no
                   Wreck
                   ;
                   and
                   of
                   Ships
                   forsaken
                   ,
                   whether
                   in
                   Law
                   accounted
                   lost
                   or
                   wreckt
                   ,
                   or
                   neither
                   .
                
                 
                   VIII
                   .
                   Of
                   the
                   Sheriffs
                   duty
                   as
                   in
                   relation
                   to
                   Goods
                   wreckt
                   ;
                   and
                   of
                   Owners
                   their
                   time
                   of
                   claiming
                   their
                   property
                   .
                
                 
                   IX
                   .
                   Wreckt
                   Goods
                   not
                   to
                   pay
                   Custome
                   .
                
                 
                   X.
                   Of
                   Wreck
                   in
                   the
                   Isle
                   of
                   Wight
                   ,
                   not
                   in
                   the
                   Admiral
                   without
                   special
                   words
                   .
                
              
            
          
           
             IN
             matters
             of
             Wreck
             there
             is
             as
             it
             were
             a
             Contract
             between
             them
             which
             have
             lost
             their
             Goods
             by
             such
             misfortune
             ,
             and
             them
             upon
             whose
             Lands
             the
             Goods
             and
             Merchandize
             are
             driven
             ,
             that
             the
             same
             be
             restored
             to
             them
             ,
             or
             those
             that
             claym
             under
             them
             .
             And
             therefore
             by
             the
             
               Civil
               Law
            
             it
             is
             precisely
             forbid
             ,
             that
             no
             man
             
             shall
             meddle
             with
             such
             Goods
             as
             are
             Wreck'd
             ;
             and
             such
             as
             are
             proved
             to
             have
             stolne
             any
             thing
             thereout
             ,
             are
             holden
             for
             Robbers
             ;
             for
             that
             such
             Goods
             being
             cast
             on
             Land
             and
             recovered
             out
             of
             the
             Sea
             ,
             remains
             still
             his
             
             who
             was
             the
             owner
             thereof
             ,
             and
             discend
             upon
             his
             Successor
             ;
             neither
             Escheat
             to
             the
             King
             ,
             neither
             to
             any
             other
             to
             whom
             the
             King
             hath
             granted
             such
             Royal
             Priviledge
             .
          
           
           
             The
             reason
             why
             the
             Laws
             were
             so
             strictly
             declared
             by
             the
             Romans
             ,
             was
             ,
             for
             by
             the
             Lawes
             of
             Rhodes
             ,
             if
             any
             Ship
             had
             become
             Wreck
             ,
             though
             all
             the
             persons
             were
             saved
             and
             alive
             ,
             yet
             the
             Ship
             and
             Goods
             became
             seizeable
             by
             the
             Lords
             :
             But
             the
             same
             being
             Barbarous
             ,
             was
             afterward
             repealed
             and
             abrogated
             as
             well
             by
             those
             Emperours
             in
             their
             Territories
             ,
             as
             here
             in
             England
             ;
             the
             first
             by
             the
             Judgment
             of
             Oleron
             ,
             which
             provided
             in
             such
             
             misfortune
             ,
             That
             if
             the
             Merchant
             ,
             Marriners
             or
             Merchants
             ,
             or
             any
             of
             these
             escape
             and
             come
             safe
             to
             Land
             ,
             the
             same
             was
             not
             to
             be
             accounted
             Wreck
             .
          
           
             The
             Emperour
             Constantine
             the
             Great
             sayes
             in
             this
             case
             ,
             if
             any
             Ship
             at
             any
             time
             by
             any
             Shipwreck
             be
             driven
             unto
             the
             shoare
             ,
             or
             touch
             at
             any
             land
             ,
             
               Let
               the
               Owner
            
             
             
               have
               it
               ,
               and
               let
               not
               my
               Exchequer
               meddle
               with
               it
               :
               for
               what
               right
               hath
               my
               Exchequer
               in
               another
               mans
               Calamity
               ,
               so
               that
               it
               should
               hunt
               after
               gain
               in
               such
               a
               woful
               case
               as
               this
               is
               ?
            
          
           
             And
             yet
             if
             no
             Kindred
             appear
             within
             a
             year
             and
             a
             day
             ,
             and
             appearing
             prove
             not
             the
             Goods
             shipwracked
             to
             be
             theirs
             ,
             the
             Goods
             come
             to
             the
             Exchequer
             even
             by
             that
             Law
             :
             So
             much
             that
             Law
             condemns
             carelesness
             ,
             which
             is
             written
             ,
             
               vigilantibus
               &
               non
               dormientibus
            
             .
             And
             with
             this
             agrees
             the
             Laws
             of
             Oleron
             ,
             and
             the
             Lawes
             of
             this
             Land
             ,
             as
             taken
             out
             of
             those
             Imperial
             Laws
             ,
             in
             that
             Point
             ,
             as
             is
             conceived
             .
          
           
             II.
             The
             
               Civil
               Law
            
             was
             ever
             so
             curious
             and
             careful
             of
             the
             preserving
             the
             Goods
             of
             such
             miserable
             persons
             ,
             
             that
             if
             any
             should
             steal
             such
             ,
             they
             should
             pay
             four-fold
             to
             the
             Owner
             ,
             if
             pursued
             within
             a
             year
             and
             a
             day
             ;
             and
             as
             much
             to
             the
             Prince
             or
             his
             Admiral
             :
             So
             carefully
             were
             ,
             and
             so
             exact
             in
             requiring
             restitution
             ,
             that
             the
             very
             stealing
             
             of
             a
             Nayl
             or
             the
             worth
             thereof
             ,
             obliged
             the
             Thief
             to
             the
             restitution
             of
             all
             the
             remaining
             Goods
             .
             And
             by
             the
             
               Emperour
               Antonius
            
             it
             was
             made
             a
             Law
             for
             such
             sort
             of
             men
             ,
             that
             they
             should
             be
             batten'd
             and
             banish'd
             for
             3.
             years
             ;
             but
             that
             was
             onely
             for
             those
             of
             a
             high
             and
             
             Honourable
             rank
             :
             but
             those
             that
             were
             base
             and
             ignoble
             ,
             should
             be
             scourged
             and
             sent
             to
             the
             Gallies
             ,
             or
             Metal
             Mines
             .
          
           
           
             And
             the
             preventing
             of
             help
             to
             such
             shipwrackt
             persons
             
             was
             punisht
             with
             the
             same
             suffering
             as
             a
             Murtherer
             .
          
           
             The
             like
             for
             those
             that
             shall
             put
             forth
             any
             Treacherous
             Lanthorn
             or
             Light
             ,
             with
             intention
             to
             subject
             them
             to
             danger
             or
             shipwrack
             ,
             was
             punish'd
             with
             death
             .
          
           
             And
             though
             no
             harm
             happens
             ,
             yet
             he
             may
             be
             punished
             :
             
             hence
             it
             is
             that
             Fishers
             are
             forbidden
             to
             Fish
             with
             Lights
             in
             the
             Night
             ,
             for
             fear
             of
             betraying
             of
             Saylors
             .
             
          
           
             But
             this
             good
             Law
             does
             not
             extend
             to
             
               Pyrats
               ,
               Robbers
               ,
               Sea-Rovers
               ,
               Turks
               ,
            
             or
             other
             Enemies
             to
             the
             Catholique
             
             Faith.
             
          
           
             Where
             a
             man
             ,
             Dogg
             or
             Catt
             escapes
             alive
             out
             of
             the
             Ship
             ,
             neither
             the
             Ship
             or
             other
             Vessel
             ,
             nor
             any
             thing
             therein
             shall
             be
             adjudged
             Wreck
             ,
             but
             the
             Goods
             shall
             be
             saved
             and
             kept
             by
             the
             
               Sheriff
               ,
               Coroners
            
             ,
             or
             the
             Kings
             Bayliffs
             ,
             and
             delivered
             to
             the
             Inhabitants
             of
             the
             Town
             where
             the
             Goods
             are
             found
             ;
             so
             that
             if
             any
             within
             a
             year
             and
             a
             day
             sue
             for
             those
             Goods
             ,
             and
             after
             prove
             that
             they
             were
             his
             at
             the
             time
             of
             the
             shipwrack
             ,
             they
             
             shall
             be
             restored
             to
             him
             without
             delay
             :
             but
             if
             not
             ,
             they
             shall
             be
             seized
             by
             the
             said
             Sheriff
             ,
             Coroners
             or
             Bayliffs
             for
             the
             Kings
             use
             ,
             and
             shall
             be
             delivered
             to
             the
             Inhabitants
             of
             the
             Town
             ,
             who
             shall
             answer
             before
             the
             Justices
             for
             the
             Wreck
             belonging
             to
             the
             King.
             
          
           
             Where
             the
             Wreck
             belongs
             to
             another
             he
             shall
             have
             it
             in
             like
             manner
             ,
             and
             if
             any
             be
             attainted
             to
             have
             done
             otherwise
             ,
             he
             shall
             suffer
             Imprisonment
             ,
             make
             Fine
             to
             the
             King
             ,
             and
             yield
             damage
             also
             .
          
           
             If
             a
             Bayliff
             do
             it
             ,
             and
             it
             be
             disallowed
             by
             his
             Lord
             ,
             the
             Bayliff
             shall
             answer
             for
             it
             if
             he
             have
             wherewithall
             ;
             but
             if
             not
             ,
             the
             Lord
             shall
             deliver
             his
             Bayliffs
             Body
             to
             the
             King.
             
          
           
           
             The
             Lawes
             of
             Normandy
             agrees
             with
             this
             Law.
             
             
          
           
             IV.
             If
             the
             Ship
             perishes
             onely
             ,
             and
             the
             Goods
             are
             safe
             ,
             in
             that
             case
             the
             Goods
             ought
             to
             pay
             a
             proportion
             
             of
             a
             5th
             or
             10th
             penny
             ,
             according
             to
             the
             easie
             or
             difficult
             winning
             or
             saving
             of
             the
             said
             Goods
             ;
             Rich
             Goods
             ,
             as
             Gold
             and
             Silver
             ,
             and
             Silk
             ,
             pay
             less
             than
             Goods
             of
             great
             weight
             and
             cumber
             ,
             being
             in
             less
             danger
             ,
             unless
             it
             were
             a
             Wreck
             going
             into
             a
             Port
             ,
             for
             which
             the
             Skipper
             was
             not
             bound
             for
             ,
             there
             
               è
               contra
            
             ,
             then
             the
             Skipper
             is
             not
             to
             be
             considered
             .
          
           
             V.
             The
             King
             shall
             have
             Wreck
             of
             the
             Sea
             Whales
             ,
             and
             great
             Sturgeons
             taken
             in
             the
             Sea
             and
             elsewhere
             throughout
             the
             whole
             Realm
             ,
             except
             in
             places
             priviledged
             by
             the
             King.
             
          
           
             VI.
             By
             the
             grant
             of
             Wreck
             will
             pass
             
               Flotsam
               ,
               Jetsam
               ,
               and
               Lagan
               ,
            
             when
             they
             are
             cast
             upon
             the
             land
             ;
             but
             
             if
             they
             are
             not
             cast
             upon
             the
             land
             ,
             the
             Admiral
             hath
             Jurisdiction
             and
             not
             the
             Common
             Law
             ,
             and
             they
             cannot
             be
             said
             Wreck
             .
          
           
             
               Wreccum
               Maris
            
             ,
             are
             such
             Goods
             onely
             as
             are
             cast
             and
             left
             upon
             the
             land
             by
             the
             Sea.
             
          
           
             Flotsam
             ,
             is
             when
             a
             Ship
             is
             sunk
             or
             otherwise
             perished
             ,
             
             and
             the
             Goods
             float
             upon
             the
             Sea.
             
          
           
             Jetsam
             ,
             is
             when
             the
             Ship
             is
             in
             danger
             to
             be
             sunk
             ,
             and
             for
             lightning
             the
             Ship
             ,
             the
             Goods
             are
             cast
             into
             the
             Sea
             ,
             notwithstanding
             which
             the
             Ship
             perisheth
             .
          
           
             
               Lagan
               vel
               Ligan
            
             ,
             is
             when
             the
             Goods
             which
             are
             so
             cast
             into
             the
             Sea
             before
             the
             Ship
             perishes
             ,
             being
             heavy
             ,
             
             are
             by
             the
             prudence
             of
             the
             Master
             or
             Marriners
             ,
             who
             have
             an
             intent
             to
             save
             them
             so
             sunk
             ;
             as
             that
             they
             may
             come
             at
             them
             again
             ,
             in
             order
             to
             which
             they
             fasten
             a
             Buoy
             or
             other
             light
             matter
             that
             may
             signifie
             to
             them
             where
             they
             lye
             ,
             if
             providence
             should
             bring
             them
             in
             a
             Condition
             to
             retake
             them
             .
          
           
             The
             King
             shall
             have
             
               Flotsam
               ,
               Jetsam
               and
               Lagan
            
             when
             
             the
             Ship
             perisheth
             ,
             or
             when
             the
             Owners
             of
             the
             Goods
             are
             not
             known
             ;
             but
             when
             the
             Ship
             perisheth
             not
             ,
             
               è
               contra
            
             .
          
           
           
             A
             man
             may
             have
             
               Flotsam
               and
               Jetsam
            
             by
             the
             Kings
             Grant
             ,
             and
             may
             have
             Flotsam
             within
             the
             high
             and
             low
             Water-mark
             by
             prescription
             ,
             as
             it
             appears
             by
             those
             of
             
             the
             West
             Countries
             who
             prescribe
             to
             have
             Wreck
             in
             the
             Sea
             ,
             so
             far
             as
             they
             may
             see
             a
             Humber
             Barrel
             .
          
           
             VII
             .
             If
             a
             Ship
             be
             ready
             to
             perish
             ,
             and
             all
             the
             men
             therein
             for
             safeguard
             of
             their
             lives
             leave
             the
             Ship
             ,
             and
             after
             
             the
             forsaken
             Ship
             perisheth
             ,
             if
             any
             of
             the
             men
             be
             saved
             
             and
             come
             to
             land
             ,
             the
             Goods
             are
             not
             lost
             .
          
           
             A
             Ship
             on
             the
             Sea
             was
             pursued
             with
             Enemies
             ,
             the
             men
             for
             safeguard
             of
             their
             lives
             forsake
             the
             Ship
             ,
             the
             Enemies
             take
             the
             Ship
             and
             spoyl
             her
             of
             her
             Goods
             and
             Tackle
             ,
             and
             turn
             her
             to
             Sea
             ;
             by
             stress
             of
             weather
             she
             is
             cast
             on
             land
             ,
             where
             it
             happened
             her
             men
             arrived
             :
             It
             was
             
             Resolved
             by
             all
             the
             Judges
             of
             England
             ,
             That
             the
             Ship
             was
             no
             Wreck
             ,
             nor
             lost
             .
          
           
             VIII
             .
             If
             Goods
             are
             cast
             up
             as
             Wreck
             ,
             and
             it
             falls
             out
             they
             be
             
               bona
               peritura
            
             ,
             the
             Sheriff
             may
             sell
             them
             within
             
             the
             year
             ,
             and
             the
             sale
             is
             good
             ;
             but
             he
             must
             account
             to
             the
             true
             Owners
             .
          
           
             Owners
             clayming
             the
             Wreck
             must
             make
             their
             proof
             by
             their
             marks
             or
             Cockets
             ,
             by
             the
             Book
             of
             Customes
             ,
             or
             by
             the
             Testimony
             of
             honest
             men
             ;
             and
             if
             the
             Wreck
             belongs
             to
             the
             King
             ,
             the
             party
             may
             sue
             out
             a
             Commission
             
             to
             hear
             and
             determine
             ,
             and
             that
             by
             the
             Oaths
             of
             twelve
             men
             .
          
           
             Or
             else
             he
             may
             bring
             his
             Action
             at
             Law
             ,
             and
             make
             out
             his
             proof
             by
             Verdict
             ;
             but
             such
             Action
             must
             be
             brought
             
               within
               the
               year
               and
               day
            
             .
          
           
             
               Note
               .
               Flotsam
               ,
               Jetsam
               and
               Lagan
               ,
            
             are
             Goods
             on
             or
             in
             
             the
             Sea
             ,
             and
             belong
             to
             the
             King
             ,
             who
             by
             Charter
             hath
             granted
             them
             to
             the
             Lord
             Admiral
             .
          
           
             IX
             .
             If
             Goods
             are
             wreckt
             on
             the
             shoare
             ,
             and
             the
             
             Lord
             having
             power
             ,
             takes
             them
             ,
             he
             shall
             not
             pay
             Custome
             .
          
           
           
             The
             Admirals
             of
             
               England
               ,
               ut
               magnus
               Admirallus
               ;
               Angliae
               ,
               Hiberniae
               ,
               Walliae
               ,
               ac
               Dominiorum
               &
               Insularum
               earundem
               Villae
               Calisiae
               &
               Merchiarum
               ejusdem
               nec
               non
            
             
             
               Gasconiae
               Aquitaniae
               ,
               classium
               &
               marium
               dictorum
               regnorum
               Angliae
               praefectus
               generalis
               ,
            
             &c.
             which
             are
             the
             words
             of
             their
             Patents
             used
             at
             this
             day
             ,
             do
             claym
             all
             Wrecks
             arising
             from
             any
             of
             those
             places
             ,
             by
             vertue
             of
             their
             Grants
             .
          
           
             X.
             King
             
               Edward
               the
               Second
            
             in
             the
             first
             year
             of
             his
             Reign
             ,
             by
             his
             Charter
             granted
             the
             Castle
             of
             Carisbrook
             ,
             with
             all
             
             the
             Lands
             and
             Tenements
             in
             the
             
               Isle
               of
               Wight
            
             ,
             formerly
             belonging
             to
             
               Isabella
               Fortibus
               Countess
            
             of
             Albemarle
             ,
             to
             his
             great
             Favourite
             
               Peter
               de
               Gaveston
            
             and
             Margaret
             his
             Wife
             ,
             and
             the
             heirs
             of
             their
             two
             bodies
             begotten
             ,
             together
             with
             sundry
             other
             Castles
             and
             Lands
             )
             and
             commanded
             
               Nicholas
               de
               Bosco
            
             ,
             to
             put
             him
             into
             actual
             possession
             ,
             and
             likewise
             commanded
             
               Robert
               de
               Sanson
            
             Keeper
             of
             the
             Forrest
             of
             Parkhurst
             in
             that
             Isle
             ,
             to
             be
             intendent
             to
             them
             for
             the
             Farm
             he
             had
             granted
             him
             for
             life
             for
             the
             Custody
             thereof
             ,
             which
             being
             after
             soon
             reseised
             into
             the
             Kings
             hands
             ,
             he
             granted
             this
             Castle
             with
             all
             its
             Services
             ,
             and
             all
             his
             Lands
             in
             that
             Isle
             to
             Edward
             his
             
             Son
             and
             his
             Heirs
             Kings
             of
             England
             ,
             and
             afterwards
             for
             the
             ascertaining
             what
             did
             of
             right
             belong
             to
             the
             same
             Castle
             ,
             an
             Inquisition
             went
             out
             ,
             by
             which
             it
             was
             found
             
               inter
               alia
               
                 qd
              
               wreckn̄
               maris
               Pertinens
               ad
               dictum
            
             
             
               Castrum
               valet
               ꝑ
               ann̄
               4
               
                 S
                 
              
               .
            
          
           
             So
             that
             by
             the
             general
             Patent
             of
             the
             Admiral
             will
             not
             pass
             the
             Wreck
             of
             this
             Isle
             ,
             without
             special
             words
             granted
             in
             the
             Patent
             .
          
           
             Note
             ,
             If
             the
             Wreck
             happened
             ,
             or
             was
             occasioned
             by
             
             reason
             of
             any
             fault
             or
             negligence
             in
             the
             Master
             or
             Marriners
             ,
             the
             Master
             must
             make
             good
             the
             loss
             ;
             but
             if
             the
             same
             was
             occasioned
             by
             the
             act
             of
             God
             to
             avoid
             an
             Enemy
             or
             Pyrat
             ,
             and
             the
             like
             ,
             there
             he
             shall
             be
             excused
             .
             
          
        
         
           
           
             CHAP.
             VI.
             
               Of
               Averidges
               and
               Contributions
            
             .
          
           
             
               
                 
                   I.
                   Of
                   Goods
                   and
                   Merchandize
                   when
                   subject
                   to
                   be
                   cast
                   over-board
                   .
                
                 
                   II.
                   Of
                   the
                   Account
                   rendred
                   of
                   such
                   ejected
                   Goods
                   ,
                   and
                   by
                   whom
                   .
                
                 
                   III.
                   Of
                   the
                   Antient
                   Lawes
                   of
                   England
                   as
                   in
                   reference
                   to
                   such
                   Ejectments
                   .
                
                 
                   IV.
                   What
                   Goods
                   must
                   come
                   into
                   the
                   Averidge
                   ,
                   and
                   what
                   are
                   exempt
                   .
                
                 
                   V.
                   The
                   Master
                   discharged
                   by
                   such
                   acts
                   by
                   the
                   Common
                   Law.
                   
                
                 
                   VI.
                   The
                   Ships
                   Geare
                   or
                   Apparel
                   whether
                   within
                   the
                   Averidge
                   .
                
                 
                   VII
                   .
                   The
                   residue
                   of
                   the
                   Goods
                   where
                   tacitly
                   obliged
                   to
                   answer
                   the
                   Averidge
                   .
                
                 
                   VIII
                   .
                   Of
                   Goods
                   remaining
                   a
                   shipboard
                   spoyl'd
                   by
                   reason
                   of
                   the
                   ejecting
                   of
                   others
                   ,
                   where
                   subject
                   to
                   the
                   Averidge
                   .
                
                 
                   IX
                   .
                   Where
                   Ship
                   and
                   Lading
                   are
                   both
                   made
                   liable
                   to
                   the
                   Averidge
                   .
                
                 
                   X.
                   Of
                   misfortunes
                   not
                   subject
                   to
                   an
                   Averidge
                   .
                
                 
                   XI
                   .
                   Where
                   the
                   remainder
                   of
                   the
                   Goods
                   are
                   exempted
                   from
                   the
                   Averidge
                   ,
                   and
                   the
                   damage
                   of
                   the
                   ejected
                   Goods
                   falls
                   on
                   the
                   Master
                   .
                
                 
                   XII
                   .
                   Damage
                   to
                   the
                   Ship
                   where
                   the
                   Lading
                   contributes
                   ,
                   and
                   the
                   Standard
                   rate
                   in
                   Contributions
                   .
                
                 
                   XIII
                   .
                   The
                   Master
                   becomes
                   a
                   Captive
                   for
                   the
                   redemption
                   of
                   Ship
                   and
                   Lading
                   ,
                   where
                   lyable
                   to
                   the
                   Averidge
                   ,
                   and
                   where
                   discharged
                   .
                
                 
                   XIV
                   .
                   What
                   Goods
                   are
                   subject
                   to
                   the
                   Averidge
                   .
                
                 
                   XV.
                   Contribution
                   for
                   Pylotage
                   ,
                   and
                   where
                   the
                   remaining
                   Goods
                   not
                   subject
                   to
                   Averidge
                   .
                
                 
                   XVI
                   .
                   Rules
                   general
                   for
                   settling
                   the
                   Averidge
                   .
                
              
            
          
           
             I.
             SHips
             being
             Freighted
             and
             at
             Sea
             ,
             are
             often
             subject
             
             to
             storms
             ,
             in
             which
             by
             the
             Ancient
             Lawes
             and
             Customes
             of
             the
             Sea
             ,
             in
             
               Extream
               necessity
            
             the
             
               Goods
               ,
               Wares
               ,
               Guns
               ,
               or
               whatsoever
               else
            
             shall
             be
             thought
             fit
             ,
             may
             in
             such
             Extremity
             be
             flung
             over-board
             ;
             but
             then
             the
             Master
             ought
             to
             consult
             with
             his
             Marriners
             ,
             who
             if
             they
             consent
             not
             ,
             and
             yet
             the
             storm
             and
             danger
             continues
             ,
             the
             Master
             may
             command
             notwithstanding
             ,
             the
             casting
             overboard
             what
             he
             shall
             judge
             most
             fitting
             for
             the
             common
             safety
             of
             the
             rest
             .
          
           
           
             If
             there
             be
             a
             
               super
               Cargoe
            
             ,
             a
             request
             ought
             to
             be
             made
             
             to
             him
             to
             begin
             first
             ;
             but
             if
             he
             refuses
             ,
             the
             Marriners
             may
             proceed
             .
          
           
             II.
             If
             the
             Ship
             so
             fortunes
             as
             to
             out-weather
             the
             
             Storm
             ,
             and
             in
             safety
             arrives
             at
             her
             Port
             of
             discharge
             ,
             the
             Master
             and
             the
             most
             of
             his
             Crew
             must
             swear
             that
             the
             Goods
             were
             cast
             over
             for
             no
             other
             cause
             but
             purely
             for
             
               the
               Safety
               of
               the
               Ship
               and
               Lading
               .
            
             The
             custome
             of
             clearing
             of
             that
             Point
             varies
             according
             to
             the
             several
             Countries
             
             or
             places
             they
             arrive
             at
             .
          
           
             III.
             King
             
               William
               the
               Conquerour
            
             ,
             and
             
               Henry
               the
               First
            
             ,
             made
             and
             ratified
             ,
             this
             Law
             concerning
             Goods
             cast
             over-board
             
             by
             Marriners
             in
             a
             Storm
             ,
             in
             imitation
             of
             the
             Ancient
             
               Rhodian
               Law
               ;
               de
               jact
               '
               .
            
          
           
             
               Si
               ego
               jecero
               res
               tuas
               de
               Navi
               ob
               metum
               mortis
               de
               hoc
               non
               potes
               me
               implacitare
               nam
               licet
               alteri
               damnum
            
             
             
               inferre
               ob
               metum
               mortis
               quando
               periculum
               evadere
               non
               potest
               .
               Et
               si
               de
               hoc
               me
               mesces
               ,
               
                 qd
              
               ob
               metum
               mortis
               nil
               fecisse
               de
               comespriorai
               .
               Et
               ea
               quae
               in
               navi
               restant
               dividantur
               in
               communi
               secundum
               catalla
               ,
               et
               si
               quis
               fecerit
               Catalla
               extra
               navim
               quando
               necessitas
               non
               exigerit
               ea
               restituat
               .
            
          
           
             IV.
             The
             Ship
             arriving
             in
             safety
             ,
             the
             remainder
             must
             come
             into
             the
             Averidge
             ,
             not
             onely
             those
             Goods
             which
             pay
             Freight
             ,
             but
             all
             those
             that
             have
             obtained
             safety
             and
             
             preservation
             by
             such
             ejection
             ,
             even
             Money
             ,
             Jewels
             and
             Clothes
             ,
             and
             such
             like
             ,
             are
             not
             exempted
             .
          
           
             But
             those
             things
             which
             are
             born
             upon
             a
             mans
             body
             ,
             Victuals
             and
             the
             like
             put
             a
             Shipboard
             to
             be
             spent
             ,
             are
             totally
             excluded
             from
             the
             Contribution
             .
          
           
             The
             Master
             ought
             to
             be
             careful
             that
             onely
             those
             things
             of
             the
             
               least
               value
            
             and
             
               greatest
               weight
            
             be
             flung
             over-board
             .
             
          
           
             V.
             As
             this
             Law
             does
             take
             care
             that
             this
             common
             Calamity
             should
             be
             born
             by
             all
             the
             parties
             interessed
             by
             a
             general
             Contribution
             ,
             so
             the
             
               Common
               Law
            
             takes
             notice
             of
             the
             misfortune
             ,
             and
             makes
             provision
             to
             Indempnifie
             the
             Master
             ;
             and
             therefore
             if
             the
             party
             Owner
             of
             such
             ejected
             Goods
             shall
             bring
             an
             Action
             against
             the
             
             Master
             or
             Owners
             of
             the
             Vessel
             ,
             the
             Defendant
             may
             
             plead
             the
             special
             matter
             ,
             and
             the
             same
             shall
             barr
             the
             Plaintiff
             .
          
           
             VI.
             But
             if
             the
             Ships
             Gear
             or
             Apparel
             be
             lost
             by
             Storm
             ,
             the
             same
             is
             not
             within
             the
             Averidge
             ,
             but
             is
             accounted
             
             like
             unto
             a
             Workman
             breaking
             or
             spoyling
             his
             Tools
             ;
             So
             for
             Goods
             secretly
             brought
             into
             the
             Ship
             against
             the
             Master
             or
             Pursers
             knowledg
             ,
             no
             Contribution
             is
             to
             be
             made
             ,
             except
             in
             the
             avoiding
             of
             a
             danger
             ,
             as
             the
             flinging
             the
             Most
             overboard
             ,
             or
             the
             slipping
             the
             
             Tow-Anchor
             or
             Boat.
             
          
           
             This
             Order
             is
             observed
             generally
             in
             the
             rating
             the
             remainder
             of
             the
             Goods
             by
             way
             of
             Contribution
             .
             
          
           
             If
             they
             chance
             to
             be
             cast
             over-board
             before
             half
             the
             Voyage
             performed
             ,
             then
             they
             are
             to
             be
             esteemed
             at
             the
             price
             they
             cost
             ;
             if
             after
             ,
             then
             at
             the
             price
             as
             the
             rest
             or
             the
             like
             shall
             be
             sold
             at
             the
             place
             of
             discharge
             .
          
           
             VII
             .
             As
             the
             Common
             Law
             looks
             upon
             the
             Goods
             and
             Cargo
             as
             a
             pawn
             or
             pledge
             for
             the
             Freight
             ,
             so
             the
             
             Maritime
             Law
             looks
             upon
             them
             likewise
             as
             a
             security
             for
             the
             answering
             the
             Averidge
             and
             Contribution
             ,
             and
             that
             the
             Master
             ought
             not
             to
             deliver
             the
             Goods
             till
             the
             Contribution
             is
             settled
             ;
             the
             same
             being
             tacitly
             obliged
             for
             the
             one
             as
             well
             as
             the
             other
             .
             
               Ad
               leg
               .
               Rhod.
               l.
            
             2.
             
             
               Si
               non
               conservatis
            
             .
          
           
             VIII
             .
             If
             through
             the
             rifling
             of
             the
             Ship
             ,
             or
             the
             casting
             or
             unlightning
             the
             Ship
             ,
             any
             of
             the
             remaining
             
             Goods
             are
             spoyled
             either
             with
             wet
             or
             otherwise
             ,
             the
             same
             must
             come
             in
             to
             the
             Contribution
             for
             so
             much
             as
             they
             are
             made
             worse
             .
          
           
             IX
             .
             If
             it
             falls
             out
             that
             a
             Ship
             entring
             into
             a
             Port
             or
             Channel
             cannot
             make
             way
             ,
             and
             there
             be
             a
             lightning
             or
             disburdning
             of
             the
             Ship
             ,
             then
             the
             Contribution
             falls
             
             two
             parts
             to
             the
             Lading
             ,
             and
             one
             third
             to
             the
             Ship
             ,
             except
             the
             Ship
             surpass
             in
             value
             the
             Lading
             ,
             or
             that
             there
             is
             some
             bad
             quality
             in
             the
             Ship
             it self
             .
          
           
             But
             to
             prevent
             that
             ambiguous
             Question
             ,
             if
             the
             party
             
             Covenants
             that
             the
             Goods
             shall
             be
             delivered
             at
             the
             
             Port.
             Covenanted
             and
             appointed
             ,
             then
             Condition
             makes
             Law.
             
          
           
             So
             for
             the
             Pylotts
             Fee
             and
             raising
             of
             the
             Ship
             off
             ground
             when
             there
             is
             no
             fault
             in
             the
             Master
             .
          
           
             X.
             If
             two
             Ships
             happen
             to
             encounter
             and
             Cross
             each
             
             other
             ,
             and
             the
             Crew
             swear
             their
             Innocency
             ,
             Contribution
             must
             be
             made
             by
             a
             just
             equality
             ;
             but
             if
             one
             perishes
             ,
             then
             can
             there
             be
             no
             proportion
             of
             the
             loss
             ,
             so
             no
             Contribution
             .
             The
             reason
             that
             is
             given
             ,
             for
             that
             otherwise
             a
             Skipper
             might
             of
             purpose
             set
             an
             old
             weak
             Ship
             against
             a
             strong
             Ship
             ,
             and
             by
             that
             means
             hedge
             himself
             into
             a
             Contribution
             and
             recompence
             .
             However
             ,
             this
             barrs
             not
             the
             Owners
             from
             bringing
             their
             Action
             against
             the
             negligent
             Master
             ,
             by
             which
             means
             
             he
             may
             recoope
             himself
             in
             damage
             ,
             if
             it
             happens
             at
             Sea
             ,
             the
             Action
             by
             the
             
               Civil
               Law
            
             is
             called
             
               Legis
               Aquilae
            
             .
             
          
           
             If
             such
             a
             misfortune
             happens
             in
             the
             Night
             at
             Sea
             ,
             the
             party
             if
             he
             will
             compleatly
             arm
             himself
             for
             his
             recovery
             ,
             ought
             to
             prove
             ,
             that
             he
             made
             out
             Light
             or
             Fire
             ,
             or
             otherwayes
             gave
             notice
             by
             crying
             or
             calling
             out
             .
          
           
             XI
             .
             If
             it
             falls
             out
             the
             Ship
             or
             Vessel
             by
             the
             indiscreet
             
             Stowing
             or
             Lading
             the
             Ship
             above
             the
             Birth-mark
             such
             ejection
             happen'd
             ,
             in
             that
             case
             it
             has
             been
             used
             by
             the
             Maritime
             Lawes
             no
             Contribution
             to
             be
             made
             ,
             but
             Satisfaction
             is
             to
             be
             answered
             by
             the
             Ship
             ,
             Master
             or
             Owners
             .
          
           
             XII
             .
             If
             to
             avoid
             the
             danger
             of
             a
             Storm
             ,
             the
             Master
             cuts
             down
             the
             Masts
             and
             Sayls
             ,
             and
             they
             falling
             
             into
             the
             Sea
             are
             lost
             ,
             this
             damage
             is
             to
             be
             made
             good
             by
             Ship
             and
             Lading
             
               pro
               rata
            
             :
             otherwise
             if
             the
             case
             happens
             by
             storm
             or
             other
             Casualties
             .
          
           
             No
             Contribution
             is
             to
             be
             paid
             in
             case
             one
             Ship
             strike
             against
             another
             whereby
             damage
             happens
             ,
             but
             full
             Satisfaction
             is
             to
             be
             answered
             the
             Merchant
             in
             case
             of
             fault
             or
             miscarriage
             in
             either
             ;
             or
             an
             equal
             division
             
             of
             the
             damage
             ,
             in
             case
             it
             happen
             by
             a
             Casualty
             ,
             as
             above
             .
          
           
             If
             a
             Lighter
             or
             Skiff
             ,
             or
             the
             Ships
             Boat
             into
             which
             part
             of
             the
             Cargo
             is
             unladen
             for
             the
             lightning
             of
             the
             
             Ship
             perish
             ,
             and
             the
             Ship
             be
             preserved
             ,
             in
             that
             case
             Contribution
             is
             to
             be
             made
             ;
             but
             if
             the
             Ship
             be
             cast
             away
             ,
             and
             the
             Lighter
             ,
             Boat
             or
             Skiff
             be
             preserved
             ,
             there
             no
             Contribution
             or
             Averidge
             is
             to
             be
             had
             ,
             it
             being
             a
             Rule
             ,
             
               No
               Contribution
               but
               where
               the
               Ship
               Arrives
               in
               Safety
               .
            
          
           
             XIII
             .
             If
             a
             Ship
             happens
             to
             be
             taken
             ,
             and
             the
             Master
             to
             redeem
             the
             Ship
             and
             Lading
             out
             of
             the
             Enemies
             
             or
             Pyrats
             hands
             ,
             promises
             them
             a
             certain
             sum
             of
             money
             ,
             for
             performance
             whereof
             himself
             becomes
             a
             Pledge
             or
             Captive
             in
             the
             Custody
             of
             the
             Captor
             ;
             in
             this
             case
             he
             is
             to
             be
             redeemed
             at
             the
             costs
             and
             charges
             of
             the
             Ship
             and
             Lading
             ,
             and
             Money
             if
             there
             be
             any
             in
             her
             ,
             are
             contributory
             according
             to
             each
             mans
             interest
             for
             his
             ransome
             .
          
           
             So
             where
             a
             Pyrat
             takes
             part
             of
             the
             Goods
             to
             spare
             the
             rest
             ,
             Contribution
             must
             be
             paid
             .
             
          
           
             But
             if
             a
             Pyrat
             takes
             by
             violence
             part
             of
             the
             Goods
             ,
             the
             rest
             are
             not
             subject
             to
             Average
             ,
             unless
             the
             Merchant
             hath
             made
             an
             express
             agreement
             to
             pay
             it
             after
             the
             Ship
             is
             robb'd
             .
             
          
           
             But
             if
             part
             of
             the
             Goods
             are
             taken
             by
             an
             Enemy
             ,
             or
             by
             Letters
             of
             Marque
             and
             Reprizal
             ,
             
               è
               contra
            
             .
          
           
             So
             likewise
             in
             storm
             ,
             if
             the
             same
             is
             done
             for
             preservation
             of
             the
             remainder
             .
          
           
             XIV
             .
             In
             Ejectment
             the
             Master
             or
             Purser
             of
             the
             Ship
             shall
             contribute
             for
             the
             preservation
             of
             the
             Ship
             ,
             and
             also
             the
             Passengers
             for
             such
             Ware
             as
             they
             have
             in
             the
             ship
             ,
             be
             it
             Pearls
             ,
             Pretious
             Stones
             ,
             and
             such
             like
             ;
             and
             Passengers
             that
             have
             no
             Wares
             or
             Goods
             in
             the
             ship
             ,
             yet
             in
             regard
             they
             are
             a
             burthen
             to
             the
             ship
             ,
             Estimate
             is
             to
             be
             made
             of
             his
             and
             their
             Apparel
             ,
             Rings
             and
             Jewels
             ,
             towards
             a
             contribution
             of
             the
             loss
             ;
             and
             generally
             all
             things
             in
             the
             ship
             except
             the
             Victualling
             and
             Provisions
             of
             the
             ship
             ,
             and
             the
             bodies
             of
             men
             (
             unless
             
             Servants
             )
             must
             bear
             a
             proportionable
             share
             in
             the
             Contribution
             .
          
           
             The
             Estimate
             being
             made
             of
             the
             Goods
             lost
             and
             saved
             ,
             the
             price
             is
             to
             be
             set
             down
             not
             for
             how
             much
             they
             were
             bought
             ,
             but
             how
             much
             they
             might
             be
             sold
             ,
             at
             the
             time
             when
             the
             Ejectment
             was
             made
             ;
             and
             if
             any
             
             thing
             be
             flung
             into
             the
             Sea
             and
             endamaged
             ,
             and
             afterwards
             is
             recovered
             again
             ,
             yet
             contribution
             is
             to
             be
             made
             onely
             for
             the
             damage
             .
          
           
             XV.
             Contribution
             is
             to
             be
             paid
             for
             the
             Pylot's
             Fee
             that
             hath
             brought
             a
             Ship
             into
             a
             Port
             or
             Haven
             for
             her
             safeguard
             ,
             (
             it
             being
             not
             the
             place
             she
             was
             designed
             for
             )
             so
             to
             raise
             her
             off
             the
             ground
             when
             there
             is
             no
             fault
             in
             the
             Master
             .
          
           
             If
             a
             Master
             of
             a
             Ship
             lets
             out
             his
             Ship
             to
             Freight
             ,
             and
             then
             receives
             his
             compliment
             ,
             and
             afterwards
             takes
             in
             
             Goods
             without
             leave
             of
             the
             Freighters
             ;
             and
             a
             Storm
             arises
             at
             Sea
             ,
             and
             part
             of
             the
             Freighters
             Goods
             are
             cast
             overboard
             ,
             the
             remaining
             Goods
             are
             not
             subject
             to
             the
             Averidge
             ,
             but
             the
             Master
             must
             make
             good
             the
             loss
             out
             of
             his
             own
             purse
             .
          
           
             The
             Goods
             which
             are
             lost
             are
             to
             be
             valued
             ,
             then
             the
             Goods
             saved
             are
             to
             be
             estimated
             ,
             which
             being
             known
             ,
             a
             proportionable
             value
             is
             to
             be
             contributed
             by
             the
             goods
             saved
             ,
             towards
             reparation
             of
             the
             goods
             ejected
             ,
             or
             cast
             overboard
             .
          
           
             In
             which
             regard
             is
             alwayes
             had
             ,
             not
             to
             what
             might
             be
             got
             by
             the
             Goods
             lost
             ,
             but
             what
             the
             intrinsick
             damage
             
             is
             by
             the
             loss
             of
             the
             same
             ;
             the
             which
             are
             not
             to
             be
             estimated
             what
             they
             might
             have
             been
             sold
             for
             ,
             as
             what
             they
             cost
             or
             were
             bought
             for
             .
          
           
             But
             now
             the
             Custome
             is
             general
             ,
             the
             Goods
             saved
             
             and
             lost
             ,
             are
             estimated
             according
             as
             the
             Goods
             saved
             were
             sold
             for
             ;
             Freight
             and
             other
             necessary
             charges
             being
             first
             deducted
             .
          
           
             If
             there
             were
             Plate
             ,
             Jewels
             or
             the
             like
             in
             a
             Trunk
             ,
             Chest
             ,
             Pack
             or
             Bale
             ,
             at
             the
             time
             of
             their
             Ejection
             ,
             if
             there
             be
             a
             
               super
               Cargoe
            
             he
             ought
             to
             give
             notice
             by
             discovering
             of
             the
             same
             to
             the
             Master
             or
             Marriners
             ,
             otherwise
             he
             shall
             be
             answered
             in
             the
             Contribution
             no
             more
             
             
             
             
             
             then
             the
             bare
             extrinsick
             value
             appeared
             to
             be
             ;
             but
             the
             
             Assurors
             will
             hardly
             fare
             so
             well
             .
          
           
             If
             Contribution
             shall
             be
             setled
             ,
             and
             the
             Merchant
             will
             not
             agree
             ,
             the
             Master
             may
             detain
             the
             Lading
             ,
             for
             the
             same
             is
             as
             tacitly
             obliged
             to
             answer
             that
             as
             the
             Freight
             ;
             And
             if
             at
             the
             Common
             Law
             the
             Merchant
             should
             bring
             an
             Action
             ,
             the
             Defendant
             shall
             barr
             him
             by
             pleading
             the
             special
             matter
             .
          
           
             If
             Goods
             are
             cast
             overboard
             ,
             and
             afterwards
             are
             recovered
             ;
             
             Contribution
             ceases
             ,
             saving
             for
             so
             much
             as
             they
             are
             damnified
             and
             made
             worse
             by
             reason
             of
             such
             Ejectment
             .
          
           
             Note
             ,
             Goods
             cast
             overboard
             to
             lighten
             the
             ship
             make
             
             no
             derelict
             .
          
           
             And
             though
             such
             necessity
             seems
             to
             subject
             the
             Lading
             to
             Ejectment
             to
             prevent
             the
             ruine
             and
             destruction
             of
             the
             persons
             ,
             yet
             some
             Lading
             seems
             excepted
             ,
             and
             therefore
             Canon
             and
             other
             Instruments
             or
             Provisions
             
             consigned
             to
             relieve
             a
             City
             ,
             ought
             not
             to
             be
             flung
             over-board
             ;
             for
             in
             such
             case
             the
             Law
             imposeth
             on
             every
             subject
             ,
             that
             he
             prefer
             the
             urgent
             Service
             of
             his
             Prince
             ,
             before
             the
             safety
             of
             his
             life
             .
          
        
         
           
           
             CHAP.
             VII
             .
             
               Of
               Pollicies
               of
               Assurance
            
             .
          
           
             
               
                 
                   I.
                   Assurances
                   by
                   whom
                   first
                   introduced
                   .
                
                 
                   II.
                   Assurances
                   the
                   nature
                   of
                   them
                   .
                
                 
                   III.
                   How
                   esteemed
                   of
                   by
                   Law.
                   
                
                 
                   IV.
                   The
                   various
                   wayes
                   of
                   Ensureing
                   ,
                   and
                   on
                   what
                   .
                
                 
                   V.
                   Assurance
                   when
                   esteemed
                   most
                   dangerous
                   ,
                   and
                   of
                   fraudulent
                   Pollicies
                   .
                
                 
                   VI.
                   Of
                   the
                   Receipt
                   of
                   Preimio
                   ,
                   and
                   the
                   custome
                   of
                   abatement
                   on
                   losses
                   .
                
                 
                   VII
                   .
                   Pollicies
                   that
                   now
                   ensure
                   against
                   all
                   the
                   Accidents
                   of
                   Heaven
                   and
                   Earth
                   .
                
                 
                   VIII
                   .
                   A
                   Ship
                   Ensured
                   generally
                   ,
                   whether
                   the
                   same
                   includes
                   the
                   Cargoe
                   ;
                   and
                   whether
                   it
                   is
                   necessary
                   in
                   the
                   Pollicy
                   to
                   mention
                   the
                   particular
                   Goods
                   .
                
                 
                   IX
                   .
                   If
                   the
                   Master
                   is
                   discharged
                   of
                   the
                   damage
                   ,
                   whether
                   the
                   Ensurer
                   may
                   be
                   made
                   lyable
                   .
                
                 
                   X.
                   A
                   Ship
                   Ensured
                   from
                   a
                   Port
                   ,
                   and
                   she
                   is
                   burnt
                   before
                   her
                   departure
                   ,
                   whether
                   the
                   Assurers
                   are
                   made
                   lyable
                   .
                
                 
                   XI
                   .
                   Goods
                   Ensured
                   in
                   one
                   Ship
                   ,
                   are
                   afterwards
                   in
                   the
                   Voyage
                   put
                   into
                   another
                   ,
                   the
                   second
                   miscarries
                   ,
                   whether
                   the
                   Assurors
                   are
                   made
                   lyable
                   .
                
                 
                   XII
                   .
                   A
                   man
                   Ensures
                   more
                   than
                   the
                   value
                   of
                   the
                   Cargo
                   ,
                   the
                   Custome
                   in
                   such
                   case
                   .
                
                 
                   XIII
                   .
                   A
                   Ship
                   is
                   Ensured
                   from
                   one
                   Port
                   to
                   another
                   ,
                   and
                   there
                   to
                   be
                   landed
                   ;
                   the
                   Cargoe
                   after
                   arrival
                   is
                   sold
                   ,
                   and
                   before
                   landing
                   is
                   burnt
                   ,
                   whether
                   the
                   Assurors
                   shall
                   be
                   made
                   answerable
                   .
                
                 
                   XIV
                   .
                   A
                   Ship
                   Ensured
                   from
                   one
                   Port
                   to
                   
                     (
                     blanck
                  
                   )
                   being
                   in
                   time
                   of
                   Warr
                   )
                   taken
                   ,
                   whether
                   the
                   Assurors
                   shall
                   answer
                   .
                
                 
                   XV.
                   Of
                   the
                   Ensureds
                   renouncing
                   after
                   a
                   loss
                   ;
                   and
                   what
                   operation
                   the
                   same
                   has
                   by
                   Custome
                   .
                
                 
                   XVI
                   .
                   Of
                   the
                   Office
                   erected
                   by
                   the
                   Statute
                   of
                   43
                   Eliz.
                   what
                   power
                   ;
                   of
                   the
                   Jurisdictions
                   claymed
                   by
                   those
                   at
                   Common
                   Law
                   and
                   the
                   Admiralty
                   .
                
                 
                   XVII
                   .
                   What
                   power
                   and
                   authority
                   was
                   given
                   by
                   the
                   Statute
                   of
                   43
                   Eliz.
                   to
                   that
                   Court.
                   
                
                 
                   XVIII
                   .
                   What
                   things
                   it
                   was
                   deficient
                   in
                   :
                   and
                   holpen
                   by
                   the
                   Statute
                   of
                   14
                   Car.
                   3.
                   cap.
                   23.
                   and
                   of
                   their
                   authority
                   and
                   power
                   general
                   at
                   this
                   day
                   .
                
                 
                   XIX
                   .
                   Of
                   the
                   advantage●…
                   that
                   seem
                   to
                   accrew
                   to
                   publique
                   Assurances
                   ,
                   different
                   from
                   privat●…
                   ones
                   .
                
              
            
          
           
             IT
             is
             conceived
             by
             Suetonius
             ,
             that
             
               Claudius
               Caesar
            
             was
             the
             first
             that
             brought
             in
             this
             Custome
             of
             Assurance
             ,
             
             by
             which
             the
             Danger
             and
             Adventure
             of
             Voyages
             is
             divided
             ,
             repaired
             and
             born
             by
             many
             persons
             ,
             who
             for
             a
             certain
             sum
             by
             the
             Spaniard
             called
             Premio
             ,
             assure
             Ship
             or
             
             Goods
             ,
             or
             both
             ,
             or
             a
             proportion
             ,
             according
             as
             the
             Pollicy
             is
             .
             
          
           
             II.
             Assurances
             are
             either
             publique
             or
             
               private
               ;
               Publique
            
             ,
             when
             they
             are
             made
             and
             entred
             in
             a
             certain
             Office
             or
             Court
             ,
             commonly
             called
             the
             
               Office
               of
               Assurance
            
             in
             the
             
               Royal
               Exchange
            
             in
             London
             ;
             and
             the
             same
             are
             called
             publique
             ,
             for
             that
             it
             is
             free
             for
             any
             man
             to
             resort
             and
             see
             what
             another
             hath
             assured
             upon
             his
             Adventure
             .
          
           
             Private
             is
             ,
             when
             an
             Assurance
             is
             made
             ,
             but
             the
             Ensured
             keeps
             the
             same
             secret
             ,
             not
             deeming
             it
             fit
             that
             any
             should
             see
             or
             know
             their
             Cargoe
             or
             Adventure
             ,
             or
             what
             Premio
             they
             have
             given
             ,
             or
             assurance
             they
             have
             made
             ;
             and
             the
             same
             being
             never
             entred
             in
             the
             Office
             ,
             is
             known
             by
             the
             name
             of
             a
             
               Private
               Assurance
            
             .
          
           
             III.
             By
             the
             
               Common
               Law
            
             they
             are
             both
             of
             the
             same
             validity
             ,
             as
             in
             reference
             to
             obtain
             Satisfaction
             from
             the
             Ensurors
             ,
             if
             loss
             or
             damage
             should
             happen
             to
             the
             Adventure
             .
          
           
             But
             by
             the
             proceedings
             erected
             by
             Statute
             of
             43
             Eliz.
             
             Cap.
             12.
             onely
             those
             that
             are
             entred
             in
             the
             Office
             of
             that
             Court
             ,
             can
             be
             sued
             or
             determined
             there
             .
          
           
             IV.
             Assurances
             are
             of
             various
             sorts
             ,
             some
             being
             to
             places
             certain
             ,
             others
             general
             ;
             those
             that
             are
             made
             to
             places
             certain
             ,
             are
             commonly
             upon
             Goods
             laden
             or
             to
             
             be
             laden
             aboard
             outward
             ,
             and
             untill
             the
             same
             Adventure
             shall
             be
             laid
             ashoare
             at
             such
             a
             Port.
             
          
           
             Or
             upon
             Goods
             laden
             or
             to
             be
             laden
             homeward
             in
             such
             a
             Ship
             till
             the
             Adventure
             shall
             likewise
             be
             landed
             .
          
           
             Or
             else
             upon
             Goods
             out
             and
             in
             ,
             with
             liberty
             to
             touch
             
             at
             such
             Ports
             as
             are
             mentioned
             in
             the
             Pollicy
             .
          
           
             So
             likewise
             on
             Ships
             that
             go
             Trading
             Voyages
             ,
             as
             Round
             to
             Cales
             ;
             and
             that
             it
             shall
             be
             lawful
             after
             the
             Ships
             delivery
             there
             ,
             to
             take
             in
             at
             the
             same
             Port
             another
             Cargoe
             ,
             and
             with
             that
             proceed
             to
             the
             West-Indies
             or
             other
             parts
             ,
             and
             back
             again
             to
             Cales
             ,
             and
             from
             thence
             to
             London
             ,
             this
             Pollicy
             being
             general
             and
             dangerous
             ,
             procures
             seldome
             subscriptions
             .
          
           
             As
             Goods
             and
             Merchandize
             are
             commonly
             Ensured
             ,
             so
             likewise
             are
             the
             Ships
             Tackle
             and
             Furniture
             ;
             but
             in
             
             regard
             there
             seldome
             happens
             a
             Voyage
             but
             somewhat
             
             is
             missing
             or
             lost
             ,
             the
             Premio
             commonly
             runs
             higher
             then
             for
             Merchandize
             .
          
           
             Assurances
             may
             be
             made
             on
             Goods
             sent
             by
             land
             ,
             so
             likewise
             on
             Hoyes
             and
             the
             like
             .
          
           
             V.
             Those
             Assurances
             are
             most
             dangerous
             when
             there
             
             are
             these
             words
             inserted
             
               lost
               or
               not
               lost
            
             ;
             which
             is
             commonly
             done
             when
             a
             Ship
             hath
             been
             long
             missing
             and
             no
             tydings
             can
             be
             had
             ,
             the
             Premio
             especially
             in
             time
             of
             Warr
             will
             run
             very
             high
             ,
             sometimes
             30
             or
             40
             
               per
               Cent
               '
            
             ;
             and
             though
             it
             happens
             at
             the
             time
             that
             the
             subscription
             is
             made
             the
             ship
             is
             cast
             away
             ,
             yet
             the
             Assurers
             must
             answer
             .
          
           
             But
             if
             the
             party
             that
             caused
             the
             Assurance
             to
             be
             made
             
             saw
             the
             Ship
             wreckt
             ,
             or
             had
             certain
             intelligence
             ,
             such
             subscription
             will
             not
             oblige
             ,
             the
             same
             being
             accounted
             a
             meer
             fraud
             .
          
           
             So
             likewise
             if
             the
             Assured
             having
             a
             rotten
             Vessel
             shall
             assure
             upon
             the
             same
             more
             then
             she
             is
             worth
             ,
             and
             afterwards
             
             give
             order
             that
             going
             out
             of
             the
             Port
             she
             should
             be
             sunk
             or
             wreckt
             ;
             this
             will
             be
             fraudulent
             ,
             and
             not
             oblige
             the
             Assurors
             to
             answer
             .
          
           
             VI.
             Few
             or
             scarce
             any
             Ensure
             the
             whole
             Ship
             ,
             but
             the
             Subscriptions
             being
             for
             Sums
             certain
             ,
             as
             50
             l.
             or
             
             500
             l.
             at
             the
             Premio
             then
             current
             ,
             which
             when
             the
             Adventure
             is
             born
             they
             receive
             ;
             but
             if
             a
             loss
             happens
             ,
             the
             Premio
             is
             deducted
             together
             with
             the
             usual
             abatemate
             :
             so
             that
             the
             Ensured
             receive
             much
             about
             80
             
               per
               Cent.
            
             if
             a
             loss
             happens
             .
          
           
             VII
             .
             The
             Pollicyes
             now
             adayes
             are
             so
             large
             ,
             that
             almost
             all
             those
             curious
             Questions
             that
             former
             Ages
             and
             the
             Civilians
             according
             to
             the
             Law
             Maritime
             ,
             nay
             and
             the
             Common
             Lawyers
             too
             ,
             have
             controverted
             ,
             are
             now
             
             out
             of
             debate
             ;
             scarce
             any
             misfortune
             that
             can
             happen
             ,
             or
             provision
             to
             be
             made
             ,
             but
             the
             same
             is
             taken
             care
             for
             in
             the
             Pollicyes
             that
             are
             now
             used
             ;
             for
             they
             Ensure
             against
             
             Heaven
             and
             Earth
             ,
             Stress
             of
             Weather
             ,
             Storms
             ,
             Enemies
             ,
             Pyrats
             ,
             Rovers
             ,
             &c.
             or
             whatsoever
             detriment
             shall
             happen
             
             or
             come
             to
             the
             thing
             Ensured
             ,
             &c.
             is
             provided
             for
             .
          
           
             VIII
             .
             If
             a
             Merchant
             Ensures
             such
             a
             Ship
             generally
             ,
             
             and
             in
             the
             Pollicy
             it
             is
             expressed
             of
             such
             a
             Burthen
             ,
             the
             Ship
             happens
             then
             to
             be
             loaden
             and
             after
             miscarries
             ,
             the
             Ensurer
             shall
             not
             answer
             for
             the
             Goods
             ,
             but
             onely
             for
             the
             Ship.
             
          
           
             It
             matters
             not
             in
             the
             Pollicy
             whether
             the
             particular
             Wares
             and
             Goods
             are
             named
             ,
             but
             generally
             upon
             the
             principal
             Wares
             ,
             and
             all
             other
             Commodities
             laden
             or
             to
             be
             laden
             for
             the
             Ensured
             or
             for
             his
             account
             ,
             or
             for
             any
             other
             .
          
           
             X.
             If
             a
             Ship
             be
             Ensured
             
               from
               the
               Port
               of
               London
            
             to
             Cales
             ,
             and
             before
             the
             Ship
             breaks
             ground
             takes
             fire
             ,
             and
             is
             burnt
             ,
             the
             Assurors
             in
             such
             case
             shall
             not
             answer
             ,
             for
             the
             Adventure
             begun
             not
             till
             the
             Ship
             was
             gone
             from
             the
             Port
             of
             London
             ;
             but
             if
             the
             words
             had
             been
             ,
             
               at
               and
               from
               the
               Port
               of
               London
            
             ;
             there
             they
             would
             upon
             such
             a
             misfortune
             have
             been
             made
             lyable
             .
          
           
             If
             such
             an
             Assurance
             had
             been
             from
             London
             to
             Cales
             ,
             
             and
             the
             Ship
             had
             broke
             ground
             ,
             and
             afterwards
             been
             driven
             by
             storm
             back
             to
             the
             Port
             of
             London
             ,
             and
             there
             had
             took
             fire
             ,
             the
             Ensurers
             must
             have
             answered
             ;
             for
             the
             very
             breaking
             of
             ground
             from
             the
             Port
             of
             London
             was
             an
             inception
             of
             the
             Voyage
             .
          
           
             XI
             .
             If
             Goods
             are
             Ensured
             in
             such
             a
             Ship
             ,
             and
             afterwards
             
             in
             the
             Voyage
             it
             happens
             she
             becomes
             leaky
             and
             creazy
             ,
             and
             the
             
               super
               Cargoe
            
             and
             Master
             by
             consent
             become
             Freighters
             of
             another
             Vessel
             for
             the
             safe
             delivery
             of
             the
             Goods
             ;
             and
             then
             after
             her
             relading
             the
             second
             Vessel
             miscarries
             ,
             the
             Assurors
             are
             discharged
             :
             But
             if
             there
             be
             these
             words
             ,
             
               The
               Goods
               laden
               to
               be
               transported
               and
               delivered
               at
               such
               a
               place
               by
               the
               said
               Ship
               ,
               or
               by
               any
               other
               Ship
               or
               Vessel
               untill
               they
               be
               safely
               landed
               ,
            
             then
             the
             Ensurers
             must
             answer
             the
             misfortune
             .
          
           
           
             XII
             .
             If
             a
             man
             Ensures
             5000
             l.
             worth
             of
             Goods
             ,
             and
             he
             hath
             but
             2000
             l.
             remitted
             ,
             now
             he
             having
             ensured
             
             the
             real
             Adventure
             ,
             by
             the
             Law
             Maritime
             all
             the
             Assurors
             must
             answer
             
               pro
               rata
            
             .
             But
             by
             the
             opinion
             of
             some
             ,
             onely
             those
             first
             Subscribers
             who
             underwrit
             so
             much
             as
             the
             real
             Adventure
             amounted
             to
             ,
             are
             to
             be
             made
             lyable
             ,
             and
             the
             rest
             remitting
             their
             Premio
             10
             s.
             
               per
               Cent.
            
             deducted
             out
             of
             the
             same
             for
             their
             subscriptions
             ,
             are
             to
             be
             discharged
             .
          
           
             XIII
             .
             A
             Merchant
             Ensures
             his
             Goods
             from
             London
             
             to
             Sally
             ,
             and
             there
             to
             be
             Landed
             ;
             the
             Factor
             after
             arrival
             having
             opportunity
             sells
             the
             Cargo
             aboard
             the
             same
             Ship
             without
             ever
             unlading
             her
             ,
             and
             the
             buyer
             agrees
             for
             the
             Freight
             of
             those
             Goods
             for
             the
             Port
             of
             Venice
             ;
             before
             she
             breaks
             ground
             ,
             the
             Ships
             takes
             fire
             ,
             the
             Assured
             is
             absolutely
             without
             remedy
             ;
             for
             the
             property
             of
             the
             Goods
             becoming
             changed
             ,
             and
             Freight
             being
             contracted
             
               de
               novo
            
             ,
             the
             same
             was
             as
             much
             as
             if
             the
             Goods
             had
             been
             landed
             .
          
           
             And
             so
             it
             is
             if
             the
             Factor
             after
             her
             arrival
             had
             contracted
             for
             the
             Freight
             to
             another
             Port
             ,
             and
             the
             Ship
             had
             happened
             to
             take
             fire
             ,
             the
             Assurors
             are
             hereby
             absolutely
             discharged
             for
             ever
             .
          
           
             XIV
             .
             If
             a
             Ship
             be
             Ensured
             from
             London
             to
             and
             blanck
             being
             so
             left
             of
             purpose
             by
             the
             Lader
             to
             prevent
             
             her
             surprize
             by
             the
             Enemy
             ,
             in
             her
             Voyage
             she
             happens
             to
             be
             cast
             away
             ,
             though
             there
             be
             private
             Instructions
             for
             her
             Port
             ,
             yet
             the
             Ensured
             sit
             down
             by
             the
             loss
             by
             reason
             of
             the
             uncertainty
             .
          
           
             XV.
             After
             notice
             of
             loss
             ,
             the
             Ensured
             ,
             (
             if
             he
             doth
             think
             fit
             )
             for
             that
             he
             hath
             Ensured
             the
             most
             of
             his
             Adventure
             ,
             
             or
             that
             he
             would
             have
             the
             assistance
             of
             the
             Assurors
             ;
             when
             there
             is
             hope
             of
             Recovery
             of
             the
             Adventure
             ,
             he
             may
             then
             make
             a
             Renunciation
             of
             the
             Lading
             to
             the
             Assurors
             ,
             then
             he
             comes
             in
             himself
             in
             the
             nature
             of
             an
             Ensurer
             ,
             for
             so
             much
             as
             shall
             appear
             he
             hath
             born
             the
             Adventure
             of
             beyond
             the
             value
             Ensured
             .
          
           
           
             But
             if
             the
             Merchant
             shall
             not
             renounce
             ,
             yet
             there
             is
             a
             power
             given
             in
             the
             Pollicy
             for
             him
             to
             travail
             ,
             pursue
             and
             endeavour
             a
             recovery
             (
             if
             possible
             )
             of
             the
             Adventure
             after
             a
             misfortune
             to
             which
             the
             Assurors
             are
             to
             contribute
             ,
             the
             same
             being
             but
             a
             trouble
             to
             give
             ease
             to
             the
             Assours
             .
          
           
             If
             prohibited
             Goods
             are
             laden
             aboard
             ,
             and
             the
             Merchant
             ensures
             upon
             the
             general
             pollicy
             ,
             which
             alwayes
             contains
             these
             words
             ;
             
               Of
               the
               Seas
               ,
               Men
               of
               Warr
               ,
               Fire
               ,
               Enemies
               ,
               Pyrats
               ,
               Rovers
               ,
               Theeves
               ,
               Jettezons
               ,
               Letters
               of
               Mart
               ,
               and
               Covenants
               ,
               Arrests
               ,
               Restrainment
               and
               Detainments
               of
               Kings
               and
               Princes
               ,
               and
               of
               all
               other
               persons
               ,
               Barratry
               of
               the
               Master
               and
               Marriners
               ,
               and
               of
               all
               other
               perils
               ,
               loss●…s
               and
               misfortunes
               whatsoever
               they
               be
               ,
               and
               howsoever
               they
               shall
               happen
               or
               come
               ,
               to
               the
               hurt
               and
               detriment
               of
               the
               Goods
               and
               Merchandize
               ,
               or
               any
               part
               and
               parcel
               thereof
            
             ;
             whether
             if
             such
             Goods
             be
             lawfully
             seized
             as
             prohibited
             
             goods
             ,
             the
             Ensurors
             ought
             to
             answer
             ?
             It
             is
             conceived
             they
             ought
             not
             ;
             and
             the
             difference
             hath
             been
             taken
             ,
             where
             Goods
             are
             lawful
             at
             the
             time
             of
             Lading
             to
             be
             imported
             into
             that
             Country
             for
             which
             they
             are
             consigned
             for
             ,
             but
             by
             matter
             
               ex
               post
               facto
            
             after
             the
             lading
             they
             become
             unlawful
             ,
             and
             after
             arrival
             are
             seized
             ,
             there
             the
             Assurors
             must
             answer
             ,
             by
             virtue
             of
             the
             Clause
             ,
             
               And
               all
               other
               perils
            
             ,
             &c.
             
             But
             if
             the
             Goods
             were
             at
             the
             time
             of
             lading
             unlawful
             ,
             and
             the
             Lader
             knew
             of
             the
             same
             ,
             such
             Assurance
             will
             not
             oblige
             the
             Assurors
             to
             answer
             the
             loss
             ;
             for
             the
             same
             is
             not
             such
             an
             Assurance
             as
             the
             Law
             supports
             ,
             but
             is
             a
             fraudulent
             one
             .
          
           
             So
             it
             is
             if
             a
             Merchant
             will
             Freight
             out
             Wooll
             ,
             Leather
             ,
             
             and
             the
             like
             ,
             or
             send
             out
             Goods
             in
             a
             Forraign
             bottome
             
             and
             then
             make
             a
             Pollicy
             ,
             the
             Ship
             happens
             afterwards
             to
             be
             taken
             ,
             by
             reason
             of
             which
             there
             becomes
             a
             forfeiture
             of
             Ship
             and
             Lading
             ;
             the
             Ensurers
             are
             not
             made
             subject
             to
             answer
             the
             damage
             :
             for
             the
             very
             Foundation
             was
             illegal
             ,
             and
             the
             Law
             supports
             only
             those
             Assurances
             that
             are
             made
             
               bona
               fide
            
             ;
             for
             if
             otherwise
             ,
             and
             men
             could
             be
             Ensured
             against
             such
             
             actions
             ,
             they
             would
             destroy
             Trade
             ,
             which
             is
             directly
             to
             thwart
             the
             institution
             and
             true
             intentions
             of
             all
             Pollicyes
             .
          
           
             But
             if
             Goods
             should
             happen
             to
             be
             lawfully
             Ensured
             ,
             and
             afterwards
             the
             Vessel
             becomes
             disabled
             ,
             by
             reason
             of
             which
             they
             relade
             by
             consent
             of
             the
             
               super
               Cargoe
            
             or
             Merchant
             into
             another
             Vessel
             ;
             and
             that
             Vessel
             ,
             after
             
             arrival
             ,
             proves
             the
             Ship
             of
             an
             Enemy
             ,
             by
             reason
             of
             which
             the
             Ship
             becomes
             subject
             to
             seizure
             :
             yet
             in
             this
             case
             the
             Ensurors
             shall
             answer
             ,
             for
             that
             this
             is
             such
             an
             accident
             as
             is
             within
             the
             intention
             of
             the
             Pollicy
             .
          
           
             Several
             men
             lade
             aboard
             Salt
             ,
             without
             distinction
             ,
             not
             putting
             them
             in
             Sacks
             ,
             and
             the
             like
             ;
             the
             Ship
             arrives
             ,
             the
             Master
             delivers
             to
             their
             Principals
             according
             to
             their
             Bills
             of
             Lading
             as
             they
             come
             one
             by
             one
             ,
             it
             falls
             out
             that
             some
             of
             the
             Salt
             is
             w●…sht
             or
             lost
             by
             reason
             of
             
             the
             dampness
             of
             the
             Ship
             ,
             and
             that
             the
             two
             last
             men
             cannot
             receive
             their
             proportion
             :
             There
             are
             in
             this
             case
             these
             things
             to
             be
             considered
             :
          
           
             
               1.
               
               Whether
               the
               Master
               is
               bound
               to
               deliver
               the
               exact
               quantity
               ?
            
             
               2.
               
               Whether
               those
               that
               have
               received
               this
               loss
               can
               charge
               the
               Assurors
               ?
            
             
               3.
               
               Whether
               the
               Assurors
               can
               bring
               in
               the
               first
               men
               for
               a
               contribution
               ,
               they
               having
               their
               Salt
               delivered
               to
               them
               compleatly
               .
            
          
           
             Certainly
             the
             Master
             is
             not
             bound
             to
             deliver
             the
             exact
             
             quantity
             ,
             nor
             is
             he
             obliged
             to
             redeliver
             thev
             ery
             specifical
             Salt
             ,
             but
             onely
             as
             men
             are
             to
             repay
             Money
             or
             Corn
             by
             the
             distinction
             in
             a
             Bagg
             or
             Sack
             ,
             and
             out
             of
             them
             ;
             but
             if
             the
             fault
             was
             in
             not
             pumping
             ,
             keeping
             dry
             his
             
             Deck
             ,
             and
             the
             like
             ,
             there
             
               è
               contra
            
             :
             though
             perhaps
             there
             may
             be
             special
             agreement
             .
          
           
             Besides
             ,
             this
             is
             a
             peril
             of
             the
             Sea
             against
             which
             the
             Master
             could
             not
             prevent
             ,
             and
             of
             necessity
             he
             must
             deliver
             to
             one
             first
             before
             another
             .
          
           
             As
             to
             the
             second
             ,
             It
             is
             no
             question
             but
             that
             the
             Assurors
             shall
             answer
             .
             But
             whether
             they
             shall
             bring
             in
             the
             first
             men
             for
             contribution
             ,
             may
             be
             some
             doubt
             .
          
           
           
             It
             has
             been
             conceived
             by
             some
             ,
             that
             they
             ought
             not
             ,
             for
             they
             delivered
             their
             Salt
             to
             the
             Master
             
               tanquam
               in
               Creditum
            
             ,
             and
             was
             not
             to
             expect
             the
             redelivery
             of
             the
             same
             specifical
             Salt
             :
             Besides
             ,
             the
             Master
             must
             of
             necessity
             
             deliver
             to
             one
             man
             before
             another
             .
          
           
             But
             by
             others
             it
             has
             been
             conceived
             they
             ought
             to
             contribute
             
               per
               ratione
            
             ,
             for
             as
             Goods
             of
             necessity
             some
             must
             be
             stowed
             in
             the
             Hold
             ,
             and
             that
             such
             Goods
             seldome
             fail
             without
             a
             perill
             of
             the
             Sea
             ;
             so
             the
             rest
             must
             of
             necessity
             contribute
             to
             that
             misfortune
             ,
             and
             so
             make
             no
             distinction
             .
          
           
             The
             Bills
             of
             Lading
             are
             very
             useful
             to
             settle
             the
             difference
             between
             the
             Assuror
             and
             assured
             ,
             of
             which
             there
             are
             3.
             parts
             ,
             one
             sent
             over
             Sea
             ;
             the
             other
             left
             with
             the
             Master
             ;
             and
             the
             last
             remaining
             with
             the
             Lader
             .
          
           
             XVI
             .
             The
             Office
             of
             Assurance
             was
             Erected
             by
             
               the
               Statute
               of
            
             43
             
               Eliz.
               Cap.
            
             12.
             which
             reciting
             ,
             That
             whereas
             differences
             growing
             upon
             Pollicyes
             of
             Assurances
             had
             been
             ordered
             by
             discreet
             Merchants
             approved
             by
             the
             Lord
             Mayor
             ,
             who
             did
             speedily
             decide
             those
             causes
             ,
             untill
             that
             of
             late
             years
             divers
             persons
             did
             withdraw
             themselves
             from
             that
             Arbitrary
             course
             ,
             and
             have
             sought
             to
             draw
             the
             parties
             assured
             to
             seek
             their
             Moneys
             of
             every
             several
             Assurer
             by
             Suits
             Commenced
             in
             her
             Majesties
             Court
             to
             their
             great
             Charges
             and
             delay
             ;
             whereupon
             it
             was
             Enacted
             ,
             That
             the
             Chancellor
             or
             Keeper
             for
             the
             time
             being
             should
             issue
             forth
             a
             standing
             Commission
             (
             to
             be
             renewed
             yearly
             ,
             or
             as
             often
             as
             to
             him
             shall
             seem
             meet
             ,
             )
             for
             the
             hearing
             and
             determining
             of
             all
             such
             causes
             arising
             on
             Pollicies
             of
             Assurance
             as
             shall
             be
             entred
             in
             the
             Office
             of
             Assurance
             in
             London
             .
          
           
             The
             Judges
             or
             Commissioners
             appointed
             are
             the
             Judge
             of
             the
             Court
             of
             Admiralty
             ,
             the
             Recorder
             of
             London
             ,
             two
             Doctors
             of
             the
             Civil
             Law
             ,
             two
             Common
             Lawyers
             ,
             8.
             grave
             and
             discreet
             Merchants
             ,
             or
             to
             any
             5.
             of
             them
             ;
             and
             that
             they
             or
             the
             greatest
             part
             of
             the
             Commissioners
             have
             power
             to
             Hear
             ,
             Examine
             ,
             Order
             and
             Decree
             all
             such
             causes
             in
             a
             brief
             and
             summary
             way
             without
             formality
             of
             pleading
             .
          
           
             They
             have
             power
             to
             summon
             the
             parties
             ,
             examine
             witnes●…s
             upon
             Oath
             ,
             commit
             to
             prison
             upon
             refusal
             of
             
             obedience
             to
             their
             Decrees
             ;
             they
             are
             to
             meet
             once
             a
             week
             at
             the
             Assurance
             Office
             ,
             or
             some
             other
             convenient
             publique
             place
             ,
             and
             no
             Fees
             at
             all
             are
             to
             be
             exacted
             by
             any
             person
             whatsoever
             .
          
           
             There
             lyes
             an
             Appeal
             from
             their
             Sentence
             to
             the
             Lord
             Chancellor
             or
             Lord
             Keeper
             (
             but
             the
             party
             must
             deposite
             the
             moneys
             decreed
             ,
             and
             then
             (
             though
             the
             party
             be
             imprisoned
             he
             may
             be
             discharged
             )
             and
             then
             it
             lyes
             in
             the
             Lord
             Chancellors
             or
             Keepers
             Breast
             to
             affirm
             or
             reverse
             ,
             and
             to
             award
             the
             party
             assured
             double
             costs
             .
          
           
             No
             Commissioner
             being
             party
             Assuror
             can
             act
             by
             vertue
             of
             this
             Commission
             ,
             nor
             untill
             he
             hath
             taken
             his
             Corporal
             Oath
             before
             the
             Major
             and
             Court
             of
             Aldermen
             ,
             To
             proceed
             uprightly
             and
             indifferently
             between
             party
             and
             party
             .
          
           
             XVII
             .
             This
             was
             a
             good
             Act
             ,
             had
             it
             been
             as
             carefully
             penn'd
             as
             was
             intended
             ;
             for
             there
             were
             many
             things
             in
             which
             this
             Act
             did
             not
             extend
             to
             .
          
           
             First
             ,
             Any
             man
             may
             at
             this
             day
             make
             a
             private
             Pollicy
             notwithstanding
             this
             Act
             ,
             which
             is
             as
             good
             and
             effectual
             in
             Law
             to
             all
             intents
             and
             purposes
             ,
             as
             one
             made
             and
             entred
             in
             the
             said
             Office
             ;
             and
             that
             such
             a
             Pollicy
             might
             and
             may
             be
             now
             sued
             at
             the
             Common
             Law.
             
          
           
             Secondly
             ,
             The
             number
             of
             Commissioners
             being
             so
             great
             that
             there
             could
             be
             no
             Court
             without
             5.
             at
             the
             least
             ;
             and
             without
             a
             Court
             they
             neither
             could
             summon
             parties
             or
             examine
             witnesses
             ,
             and
             that
             was
             very
             difficult
             to
             get
             .
          
           
             Thirdly
             ,
             If
             the
             parties
             or
             witnesses
             refused
             to
             appear
             ,
             they
             had
             no
             power
             to
             punish
             the
             party
             for
             the
             delay
             ,
             with
             costs
             or
             otherwise
             ,
             which
             was
             very
             mischievous
             .
          
           
             Fourthly
             ,
             No
             Commissioner
             could
             sit
             before
             he
             was
             sworn
             :
             Commissions
             and
             the
             Commissioners
             being
             often
             renewed
             ,
             it
             was
             a
             trouble
             to
             be
             attending
             a
             Court
             of
             Aldermen
             ,
             which
             was
             difficult
             sometimes
             of
             the
             year
             to
             get
             .
          
           
             Fifthly
             ,
             Though
             they
             had
             power
             to
             commit
             the
             party
             who
             refused
             to
             obey
             their
             Decree
             ,
             yet
             they
             had
             no
             power
             to
             make
             any
             Order
             against
             the
             Ship.
             
          
           
           
             Which
             matters
             being
             taken
             into
             consideration
             ,
             it
             was
             
             Enacted
             ,
             That
             3.
             
             Commissioners
             ,
             whereof
             a
             Doctor
             of
             the
             Civil
             Law
             ,
             and
             a
             Barrister
             of
             5.
             years
             standing
             to
             be
             one
             should
             make
             a
             Court
             ,
             and
             to
             act
             as
             any
             5.
             before
             might
             have
             done
             .
          
           
             They
             have
             likewise
             power
             now
             given
             them
             to
             summon
             parties
             and
             witnesses
             ,
             and
             upon
             contempt
             or
             delay
             in
             the
             witnesses
             upon
             the
             first
             summons
             and
             tender
             of
             reasonable
             charges
             :
             and
             in
             the
             parties
             upon
             the
             second
             summons
             to
             imprison
             offendors
             or
             give
             costs
             .
          
           
             Every
             Commissioner
             is
             now
             to
             take
             his
             Oath
             before
             the
             Lord
             Major
             to
             proceed
             uprightly
             in
             the
             execution
             of
             the
             said
             Commission
             ;
             and
             any
             of
             them
             may
             administer
             an
             Oath
             so
             as
             the
             adverse
             party
             may
             have
             notice
             ,
             to
             the
             end
             such
             person
             may
             be
             fairly
             examined
             .
          
           
             Commissions
             may
             issue
             out
             of
             the
             Court
             of
             Admiralty
             for
             examining
             of
             witnesses
             beyond
             Seas
             ,
             or
             in
             remote
             places
             by
             directions
             of
             the
             Commissioners
             ,
             and
             Decrees
             may
             be
             made
             against
             body
             and
             goods
             ,
             and
             against
             Executors
             and
             Administrators
             ,
             and
             Execution
             accordingly
             ;
             and
             assess
             Costs
             of
             Suit
             as
             to
             them
             shall
             seem
             just
             .
          
           
             But
             Execution
             cannot
             be
             against
             Body
             and
             Goods
             for
             the
             same
             debt
             ,
             but
             the
             party
             must
             make
             his
             Election
             as
             at
             the
             Common
             Law.
             
          
           
             XVIII
             .
             But
             these
             Statutes
             took
             not
             away
             that
             Cognizance
             
             which
             the
             Courts
             at
             Westminster
             claymed
             upon
             such
             Contracts
             by
             the
             Common
             Law
             ;
             but
             onely
             gave
             this
             new
             erected
             Court
             a
             concurrent
             Jurisdiction
             with
             those
             at
             the
             Common
             Law
             :
             for
             though
             the
             loss
             happened
             out
             of
             the
             Realm
             ,
             yet
             they
             had
             Jurisdiction
             of
             the
             Cause
             .
             And
             therefore
             if
             an
             Action
             is
             brought
             upon
             a
             Pollicy
             of
             Assurance
             ,
             though
             the
             loss
             happened
             at
             Sea
             ,
             
             yet
             the
             Jury
             shall
             enquire
             ;
             for
             the
             loss
             is
             not
             the
             direct
             ground
             of
             the
             Action
             ,
             but
             the
             Assumpsit
             .
          
           
             The
             Admiralty
             have
             likewise
             put
             in
             if
             not
             for
             an
             absolute
             Jurisdiction
             ,
             yet
             at
             least
             a
             concurrent
             one
             ;
             yet
             
             both
             have
             been
             denyed
             them
             ,
             notwithstanding
             that
             the
             Judge
             of
             the
             Admiralty
             is
             Judge
             of
             the
             Court
             of
             Assurance
             .
          
           
             XIX
             .
             By
             the
             making
             of
             an
             Office
             Pollicy
             according
             to
             the
             Statute
             ,
             these
             advantages
             will
             follow
             .
          
           
           
             1.
             
             If
             the
             Pollicy
             be
             lost
             ,
             if
             the
             same
             be
             entred
             with
             the
             Register
             of
             the
             Office
             ,
             the
             Entry
             is
             effectual
             to
             answer
             the
             matter
             both
             at
             the
             Common
             Law
             ,
             as
             well
             as
             in
             the
             same
             Court
             ;
             but
             a
             private
             Pollicy
             lost
             is
             like
             a
             Deed
             burnt
             ,
             unless
             that
             there
             be
             very
             strong
             evidence
             ,
             as
             a
             Copy
             and
             the
             like
             ,
             it
             will
             be
             of
             little
             value
             .
             So
             that
             then
             there
             will
             remain
             nothing
             but
             an
             Equitable
             relief
             in
             Chancery
             ,
             for
             the
             satisfaction
             the
             party
             .
          
           
             2.
             
             If
             a
             man
             Freights
             out
             a
             Ship
             from
             London
             to
             Cales
             ,
             and
             assures
             here
             ,
             he
             may
             write
             to
             his
             Correspondent
             to
             make
             an
             assurance
             there
             of
             the
             same
             ;
             if
             the
             matter
             comes
             before
             Commissioners
             ,
             they
             may
             examine
             the
             Ensured
             upon
             Oath
             ,
             and
             determine
             therein
             according
             to
             Law
             and
             the
             Custome
             of
             Merchants
             :
             But
             at
             the
             Common
             Law
             the
             same
             cannot
             be
             ,
             but
             relief
             must
             be
             had
             in
             that
             point
             according
             to
             Equity
             in
             Chancery
             .
          
           
             3.
             
             The
             same
             is
             a
             Court
             of
             Equity
             as
             well
             as
             a
             Court
             of
             Law.
             
          
           
             4.
             
             They
             may
             decree
             against
             20
             Assurors
             at
             one
             time
             ,
             but
             at
             Law
             they
             must
             be
             sued
             distinctly
             ;
             but
             they
             cannot
             compel
             the
             Defendants
             to
             put
             in
             Bayl.
             
          
           
             5.
             
             They
             may
             proceed
             out
             of
             Term
             as
             well
             as
             in
             Term
             ;
             and
             (
             if
             the
             matter
             will
             bear
             it
             )
             they
             may
             finish
             a
             Cause
             in
             a
             fortnights
             time
             .
          
           
             6.
             
             The
             Judgments
             there
             given
             are
             generally
             upon
             mature
             deliberation
             ,
             and
             by
             persons
             well
             skilled
             in
             Maritime
             affairs
             ;
             and
             if
             their
             Sentence
             is
             thought
             to
             be
             unreasonable
             ,
             the
             Lord
             Chancellor
             or
             Lord
             Keeper
             may
             on
             Appeal
             determine
             the
             same
             .
          
        
         
           
           
             CHAP.
             VIII
             .
             
               Of
               Prisage
               and
               Butlerage
            
             .
          
           
             
               
                 
                   I.
                   What
                   is
                   Prisage
                   ,
                   where
                   taken
                   ,
                   and
                   of
                   what
                   .
                
                 
                   II.
                   Merchant
                   Strangers
                   exempted
                   from
                   the
                   same
                   .
                
                 
                   III.
                   When
                   due
                   ,
                   and
                   the
                   exemption
                   of
                   the
                   Citizens
                   of
                   London
                   from
                   the
                   same
                   .
                
                 
                   IV.
                   What
                   Citizens
                   are
                   capable
                   ,
                   and
                   where
                   not
                   .
                
                 
                   V.
                   A
                   Forraigner
                   imports
                   and
                   makes
                   a
                   Citizen
                   Executor
                   and
                   dyes
                   ;
                   whether
                   he
                   shall
                   have
                   the
                   benefit
                   of
                   the
                   Immunity
                   .
                
                 
                   VI.
                   Where
                   a
                   Forraigner
                   sells
                   to
                   a
                   Citizen
                   before
                   ,
                   but
                   he
                   broken
                   ,
                   the
                   Vendee
                   shall
                   be
                   chargeable
                   .
                
                 
                   VII
                   .
                   Where
                   a
                   Grant
                   to
                   discharge
                   a
                   particular
                   Ship
                   shall
                   be
                   good
                   ;
                   and
                   where
                   a
                   Grant
                   to
                   particular
                   persons
                   shall
                   be
                   otherwise
                   .
                
                 
                   VIII
                   .
                   Of
                   Butlerage
                   what
                   and
                   whom
                   are
                   exempted
                   .
                
                 
                   IX
                   .
                   Where
                   the
                   King
                   becomes
                   entituled
                   to
                   those
                   duties
                   .
                
                 
                   X.
                   A
                   Grant
                   to
                   be
                   free
                   of
                   all
                   Customes
                   ,
                   Impositions
                   ,
                   &c.
                   extends
                   not
                   to
                   Prisage
                   and
                   Butlerage
                   .
                
                 
                   XI
                   .
                   Cinque-Ports
                   exempted
                   from
                   Prisage
                   .
                
              
            
          
           
             I.
             PRisage
             ,
             is
             a
             certain
             taking
             or
             purveyance
             for
             wine
             to
             the
             Kings
             use
             ;
             The
             same
             is
             an
             ancient
             Duty
             which
             the
             Kings
             of
             England
             have
             time
             out
             of
             mind
             had
             and
             received
             ;
             the
             manner
             hath
             been
             by
             taking
             of
             every
             Ship
             or
             Vessel
             that
             should
             come
             into
             this
             Realm
             ,
             if
             ten
             Tun
             ,
             to
             have
             for
             Prisage
             one
             Tun
             :
             and
             if
             it
             contain
             20
             Tun
             or
             more
             ,
             to
             have
             two
             Tun
             
               (
               viz.
               )
               unum
               ante
               doleum
               ,
            
             and
             the
             other
             deorsum
             ,
             paying
             20
             s.
             for
             each
             Tun
             :
             And
             this
             ancient
             Immunity
             they
             have
             enjoyed
             as
             a
             Flower
             of
             the
             Crown
             ,
             and
             by
             some
             has
             been
             conceived
             
             not
             grantable
             away
             without
             Act
             of
             Parliament
             .
             But
             yet
             in
             6
             E.
             3.
             fo
             .
             3.
             
             Case
             15.
             mentions
             the
             same
             to
             be
             grantable
             over
             .
          
           
             II.
             King
             Edward
             the
             First
             having
             laid
             some
             Impositions
             on
             the
             Merchants
             ,
             which
             in
             Anno
             25.
             of
             his
             Reign
             being
             taken
             away
             with
             promise
             that
             neither
             he
             nor
             his
             Successors
             should
             do
             any
             such
             thing
             without
             Assent
             of
             Parliament
             :
             In
             31.
             of
             his
             Reign
             they
             
             granted
             him
             an
             encrease
             of
             Customes
             ;
             in
             lieu
             of
             which
             
             he
             granted
             them
             many
             Immunities
             ,
             as
             Release
             of
             Prisage
             ,
             &c.
             
          
           
             III.
             Prisage
             is
             not
             due
             till
             the
             unlading
             ,
             or
             that
             which
             
             is
             commonly
             called
             breaking
             of
             Bulk
             ;
             for
             the
             words
             are
             ,
             
               de
               qualibet
               navi
               important
               vini
               &
               disonerant
               inde
               .
            
          
           
             King
             Edward
             the
             Third
             by
             his
             Charter
             dated
             6.
             
             
               Martij
               Anno
               Regni
               primi
            
             ,
             granted
             his
             Royal
             Charter
             of
             discharge
             to
             the
             Major
             ,
             Commonalty
             and
             Citizens
             of
             
               London
               ,
               in
               haec
               verba
            
             ,
             (
             viz.
             )
             
               Quod
               de
               vinis
               Civium
               nulla
               prisa
            
             
             
               fiat
               ,
               sed
               perpetue
               inde
               essent
               quieti
               ,
               &c.
            
             which
             was
             afterwards
             allowed
             in
             the
             Exchequer
             .
          
           
             IV.
             It
             is
             not
             every
             Citizen
             that
             is
             capable
             of
             this
             Priviledge
             ,
             but
             onely
             those
             that
             are
             Resiant
             within
             the
             City
             :
             And
             so
             it
             was
             Rul'd
             in
             the
             case
             of
             one
             Knowls
             ,
             who
             being
             a
             Citizen
             and
             free
             Grocer
             of
             London
             ,
             removed
             his
             Houshold
             
               cum
               pannis
            
             ,
             and
             did
             dwell
             at
             Boistol
             ,
             but
             yet
             kept
             his
             Shop
             in
             London
             ;
             and
             a
             Ship
             of
             his
             arriving
             with
             Wines
             at
             London
             ,
             and
             being
             unladen
             ,
             the
             Prisage
             was
             demanded
             ;
             he
             claymed
             the
             benefit
             of
             discharge
             .
             
             It
             was
             adjudged
             ,
             he
             was
             not
             capable
             of
             the
             same
             :
             for
             he
             that
             will
             claym
             the
             benefit
             of
             this
             discharge
             ,
             ought
             to
             be
             
               Civis
               incola
               Comorans
            
             .
          
           
             24
             H.
             6.
             
             (
             A
             Private
             Act
             of
             Parliament
             ,
             )
             Complaint
             was
             made
             ,
             That
             the
             Lord
             Major
             of
             London
             would
             make
             Strangers
             Citizens
             ;
             It
             was
             there
             declared
             ,
             That
             this
             benefit
             to
             be
             discharged
             from
             payment
             of
             Prisage
             ,
             did
             
             not
             extend
             to
             such
             Citizens
             as
             were
             dotati
             ,
             made
             free
             ,
             but
             unto
             those
             Citizens
             onely
             which
             are
             
               comorant
               incolant
            
             ,
             and
             resiant
             within
             the
             City
             .
          
           
             V.
             If
             a
             Forreigner
             brings
             a
             Ship
             laden
             with
             Wines
             
             into
             the
             Port
             of
             London
             ,
             and
             then
             makes
             a
             Citizen
             his
             Executor
             and
             dyes
             ,
             he
             shall
             not
             have
             the
             benefit
             of
             this
             Immunity
             from
             payment
             of
             Prisage
             for
             these
             Wines
             ,
             for
             that
             they
             are
             not
             
               bona
               Civium
            
             .
          
           
             VI.
             If
             a
             Forreigner
             arrives
             with
             a
             Ship
             laden
             with
             
             Wines
             at
             a
             Port
             with
             an
             intent
             to
             unlade
             ,
             and
             before
             the
             Goods
             are
             entred
             or
             Bulk
             is
             broken
             ,
             he
             sells
             them
             to
             a
             Citizen
             ,
             Prisage
             shall
             be
             paid
             notwithstanding
             ,
             for
             it
             was
             never
             the
             Kings
             grant
             to
             discharge
             a
             Citizen
             in
             such
             a
             manner
             .
          
           
             VII
             .
             If
             the
             King
             does
             discharge
             such
             a
             Ship
             of
             
               J.
               S.
            
             being
             at
             Sea
             ,
             particularly
             naming
             the
             same
             ,
             from
             the
             payment
             of
             Prisage
             ,
             and
             he
             dyes
             before
             the
             Ship
             arrives
             ,
             no
             duty
             can
             be
             demanded
             .
          
           
             But
             it
             has
             been
             held
             ,
             If
             a
             particular
             person
             has
             a
             grant
             to
             him
             to
             be
             discharged
             of
             his
             Goods
             ,
             and
             he
             dyes
             before
             the
             arrival
             ,
             the
             duty
             shall
             be
             paid
             .
             
          
           
             A
             
               Quo
               Warranto
            
             was
             brought
             against
             three
             Archbishops
             of
             York
             ,
             to
             shew
             cause
             why
             they
             demanded
             to
             have
             Prisage
             for
             Wines
             brought
             into
             the
             Port
             of
             Hull
             .
             
             The
             two
             first
             pleaded
             to
             have
             onely
             the
             first
             taste
             ,
             and
             a
             pre-emption
             after
             Prisage
             paid
             :
             But
             the
             third
             pleaded
             
             a
             Charter
             of
             15
             E.
             2.
             by
             force
             of
             which
             he
             claimed
             the
             same
             ;
             and
             Rul'd
             not
             good
             .
             For
             though
             the
             Charter
             might
             be
             good
             ,
             yet
             it
             was
             held
             in
             that
             case
             ,
             a
             disclaymer
             by
             the
             Predecessor
             should
             bind
             the
             Successor
             :
             And
             at
             this
             day
             ,
             the
             Duke
             of
             Ormond
             in
             Ireland
             hath
             an
             Inheritance
             
             in
             the
             Prisage
             of
             Wines
             by
             the
             Kings
             Charter
             .
          
           
             VIII
             .
             Butlerage
             is
             a
             Custome
             due
             from
             Merchant-Strangers
             of
             2s
             .
             upon
             every
             Tun
             of
             Wine
             brought
             into
             this
             Realm
             by
             them
             .
          
           
             King
             John
             granted
             to
             the
             Merchants
             of
             Aquitaine
             Trading
             for
             Wines
             thence
             into
             England
             divers
             Liberties
             ,
             amongst
             others
             ,
             
               Libertatibus
               concessis
               Mercatoribus
            
             
             
               vinetarijs
               de
               Ducatu
               Aquitaniae
               reddendo
               Regi
               &
               heredibus
               suis
            
             2.
             
               s.
               de
               quolibet
               dolio
               vini
               ducti
               per
               eosdem
               infra
               Regnum
               Angliae
               vel
               potestate
               Regis
               .
            
          
           
             All
             Merchants
             Strangers
             in
             consideration
             of
             the
             Grant
             
             to
             them
             by
             the
             King
             of
             divers
             Liberties
             and
             Freedomes
             ,
             
               Concesserunt
               de
               quolibet
               dolio
               vini
               quod
               adducent
               vel
               adduci
               facerent
               infra
               Regnum
               &c.
               solvent
               nobis
               &
               heredibus
               nostris
            
             
             
               nomine
               Custumae
               duos
               solidos
               &c.
            
             
          
           
           
             It
             is
             called
             Butlerage
             ,
             because
             the
             Kings
             chief
             Butler
             doth
             receive
             it
             .
             And
             the
             double
             value
             of
             these
             Duties
             is
             made
             penal
             if
             any
             person
             customes
             Goods
             in
             another
             
             mans
             name
             whereby
             to
             defraud
             the
             King
             of
             Prisage
             and
             Butlerage
             .
          
           
             IX
             .
             Breaking
             of
             Bulk
             is
             that
             which
             entitles
             the
             King
             to
             the
             Duty
             :
             for
             if
             a
             Merchant
             Imports
             Wines
             to
             the
             number
             of
             20
             Tuns
             ,
             yet
             if
             he
             unlades
             but
             part
             ,
             as
             9.
             or
             4.
             
             Tun
             ,
             yet
             the
             King
             shall
             have
             the
             entire
             Prisage
             ;
             and
             though
             the
             Custome
             seems
             to
             declare
             ,
             that
             the
             taking
             must
             be
             as
             well
             before
             as
             after
             the
             Mast
             ,
             yet
             is
             not
             the
             Officer
             tyed
             to
             that
             strictness
             ,
             but
             may
             take
             where
             he
             pleases
             ;
             for
             two
             Tuns
             are
             the
             Kings
             due
             :
             for
             otherwise
             
             he
             might
             be
             cozened
             ,
             the
             Freighter
             perhaps
             lading
             other
             Commodities
             aboard
             after
             the
             Mast.
             
          
           
             If
             there
             be
             but
             one
             Tun
             taken
             out
             ,
             yet
             the
             Duty
             must
             be
             paid
             :
             The
             reason
             is
             ,
             for
             that
             otherwise
             the
             Officer
             should
             be
             obliged
             to
             travail
             perhaps
             all
             over
             the
             Kingdome
             .
          
           
             X.
             The
             King
             granted
             to
             a
             Venetian
             Merchant
             that
             he
             should
             be
             quit
             ,
             did
             
               omnibus
               custumis
               Subsidijs
               &
               impositionibus
               &
               omnibus
               alijs
               denariorum
               summis
               debitis
               &
               solubilibus
               pro
               quibuscunque
               Merchandizis
               importandis
            
             ;
             and
             that
             he
             should
             be
             as
             free
             as
             the
             Citizens
             of
             London
             :
             In
             that
             case
             it
             was
             adjudged
             in
             the
             Exchequer
             ,
             That
             by
             that
             
             Grant
             the
             King
             did
             not
             discharge
             him
             of
             Prisage
             ,
             because
             the
             Prisage
             was
             not
             specially
             expressed
             in
             the
             Grant
             ,
             although
             that
             the
             City
             of
             London
             were
             by
             a
             special
             Charter
             freed
             of
             Prisage
             .
          
           
             XI
             .
             The
             Cinque-Ports
             are
             likewise
             discharged
             of
             
             Prisage
             .
          
        
         
           
           
             CHAP.
             IX
             .
             
               Of
               Pylots
               ,
               Wharfage
               ,
               Primage
               ,
               Averidge
               ,
               Loadmanage
               .
            
          
           
             
               
                 
                   I.
                   Of
                   the
                   Pylots
                   charge
                   till
                   the
                   Ship
                   is
                   brought
                   to
                   her
                   place
                   or
                   bed
                   .
                
                 
                   II.
                   If
                   the
                   Ship
                   is
                   likely
                   to
                   miscarry
                   ,
                   what
                   the
                   Ships
                   Crew
                   may
                   do
                   at
                   such
                   time
                   .
                
                 
                   III.
                   Of
                   Ignorant
                   Pylots
                   their
                   punishment
                   ,
                   and
                   if
                   the
                   Ship
                   miscarries
                   ,
                   who
                   shall
                   Answer
                   .
                
                 
                   IV.
                   Of
                   Wharfage
                   ,
                   and
                   where
                   the
                   Wharfinger
                   shall
                   answer
                   ,
                   and
                   where
                   not
                   .
                
                 
                   
                     V.
                     Primage
                  
                   and
                   Petilodmanage
                   where
                   due
                   ,
                   and
                   for
                   what
                   ;
                   and
                   if
                   the
                   Ropes
                   break
                   ,
                   where
                   the
                   Master
                   ,
                   and
                   where
                   the
                   Wharfinger
                   shall
                   answer
                   .
                
                 
                   VI.
                   Petty
                   Averidge
                   where
                   due
                   ,
                   and
                   for
                   what
                   ,
                   and
                   Hatt
                   money
                   .
                
                 
                   
                     VII
                     .
                     Loadmanage
                  
                   where
                   due
                   ,
                   and
                   for
                   what
                   .
                
              
            
          
           
             I.
             BY
             the
             Lawes
             of
             Oleron
             after
             that
             the
             Pylot
             hath
             brought
             the
             Ship
             to
             sure
             Harbour
             ,
             he
             is
             no
             further
             bound
             or
             lyable
             ;
             for
             then
             the
             Master
             is
             to
             see
             her
             bed
             and
             to
             her
             lying
             ,
             and
             bear
             all
             the
             rest
             of
             her
             Burthen
             ,
             charge
             and
             danger
             ,
             except
             that
             of
             the
             act
             of
             God
             ;
             So
             that
             before
             she
             comes
             to
             her
             place
             or
             bed
             ,
             and
             while
             she
             is
             under
             the
             Pylot's
             charge
             ,
             if
             she
             or
             her
             Goods
             perish
             ,
             or
             be
             spoyled
             ,
             the
             Pylot
             must
             make
             good
             the
             same
             .
          
           
             II.
             By
             the
             Lawes
             of
             Oleron
             ,
             if
             his
             fault
             is
             apparantly
             gross
             that
             the
             Ships
             Crew
             sees
             an
             apparent
             Wreck
             ,
             they
             
             may
             then
             lead
             him
             to
             the
             Hatches
             and
             strike
             off
             his
             head
             ;
             But
             the
             Lawes
             of
             England
             allow
             no
             such
             hasty
             execution
             .
          
           
             By
             the
             Lawes
             of
             Denmark
             an
             ignorant
             Pylot
             is
             to
             pass
             thrice
             under
             the
             Ships
             Keel
             .
          
           
             The
             Master
             generally
             in
             the
             Charterparty
             covenants
             to
             find
             a
             Pylot
             ,
             and
             the
             Merchant
             covenants
             to
             pay
             him
             his
             Pilotage
             .
          
           
           
             III.
             But
             if
             a
             Ship
             should
             miscarry
             coming
             up
             the
             River
             under
             the
             Charge
             of
             the
             Pylot
             ,
             it
             has
             been
             a
             Question
             ,
             Whether
             the
             Master
             should
             answer
             in
             case
             of
             the
             insufficiency
             of
             the
             Pylot
             ;
             or
             whether
             the
             Merchant
             may
             have
             his
             remedy
             against
             both
             ?
             It
             hath
             been
             conceived
             the
             Merchant
             hath
             his
             Election
             to
             charge
             either
             ;
             and
             if
             the
             Master
             ,
             then
             he
             must
             lick
             himself
             whole
             of
             the
             Pylot
             .
          
           
             IV.
             Wharfage
             is
             money
             paid
             for
             landing
             Wares
             at
             
             a
             Wharfe
             ,
             or
             for
             shipping
             or
             taking
             in
             Goods
             into
             a
             Boat
             or
             Barge
             ,
             they
             commonly
             keep
             Boats
             or
             Lighters
             of
             their
             own
             for
             the
             carrying
             out
             and
             bringing
             in
             of
             Goods
             ,
             in
             which
             if
             a
             loss
             or
             detriment
             happens
             ,
             they
             may
             in
             some
             cases
             be
             made
             lyable
             .
          
           
             An
             Action
             of
             the
             Case
             grounded
             on
             the
             Custome
             of
             the
             Realm
             was
             brought
             against
             the
             Defendant
             Master
             of
             a
             Wharfe
             ,
             for
             not
             safe
             delivering
             of
             Goods
             ,
             &c.
             
             The
             Case
             appeared
             to
             be
             thus
             ;
             The
             Master
             unladed
             a
             Bale
             of
             Silk
             into
             the
             Wharfingers
             Lighter
             ,
             and
             sent
             part
             of
             his
             Marriners
             to
             convey
             it
             ashoare
             ;
             it
             happened
             
             that
             the
             Goods
             were
             stole
             :
             The
             Question
             was
             ,
             Whether
             the
             Wharfinger
             or
             the
             Master
             should
             answer
             ?
             Upon
             a
             Tryal
             at
             Guild-Hall
             before
             my
             Lord
             Chief
             Justice
             Hale
             ,
             it
             was
             there
             Rul'd
             ,
             That
             the
             Master
             was
             lyable
             ,
             and
             not
             the
             Wharfinger
             ;
             for
             till
             they
             are
             landed
             ,
             the
             Master
             hath
             them
             under
             his
             power
             :
             but
             if
             goods
             are
             to
             be
             sent
             aboard
             ,
             there
             if
             they
             miscarry
             in
             their
             passage
             ,
             the
             Wharfinger
             must
             answer
             .
          
           
             V.
             Primage
             and
             Petilodmanage
             is
             likewise
             due
             to
             the
             Master
             and
             Marriners
             for
             the
             use
             of
             his
             Cables
             and
             Ropes
             to
             discharge
             the
             Goods
             ;
             and
             to
             the
             Marriners
             for
             loading
             and
             unloading
             of
             the
             Ship
             or
             Vessel
             ,
             it
             is
             
             commonly
             about
             twelve
             pence
             per
             Tun.
             
          
           
             If
             the
             Ropes
             break
             in
             hoysting
             of
             Goods
             out
             of
             the
             
             Ship
             into
             the
             Lighter
             or
             Boat
             ,
             the
             Master
             must
             answer
             if
             the
             Goods
             be
             damnified
             or
             lost
             .
          
           
             But
             if
             the
             Roapes
             break
             at
             the
             Crane
             in
             taking
             them
             out
             of
             the
             Lighter
             ,
             (
             although
             till
             they
             are
             landed
             ,
             they
             
             are
             not
             out
             of
             the
             Masters
             custody
             )
             yet
             the
             Wharfinger
             
             shall
             answer
             .
          
           
             VI.
             
               Petty
               Averidge
            
             is
             another
             little
             small
             Duty
             which
             Merchants
             pay
             to
             the
             Master
             when
             they
             onely
             take
             Tunnage
             ,
             over
             and
             above
             the
             Freight
             ,
             the
             which
             is
             a
             small
             recompence
             or
             gratuity
             for
             the
             Masters
             care
             
             over
             the
             Lading
             ;
             and
             in
             the
             Bills
             of
             Lading
             they
             are
             exprest
             after
             Freight
             ,
             together
             with
             Primage
             and
             Averidge
             accustomed
             .
          
           
             The
             French
             Ships
             commonly
             term
             the
             Gratuity
             Hatt-Money
             ,
             and
             our
             English
             Merchants
             pay
             it
             our
             Masters
             over
             the
             Freight
             ,
             it
             is
             sometimes
             more
             ,
             sometimes
             less
             ;
             two
             or
             three
             Pieces
             .
          
           
             VII
             .
             Loadsman
             ,
             is
             he
             that
             undertakes
             to
             bring
             a
             Ship
             safe
             through
             the
             Haven
             to
             the
             Key
             or
             place
             of
             discharge
             ,
             and
             if
             thorough
             his
             ignorance
             ,
             negligence
             
             or
             other
             fault
             he
             suffereth
             the
             Ship
             or
             Merchandize
             to
             perish
             ,
             an
             Action
             lyes
             against
             him
             at
             the
             Common
             Law
             ;
             and
             by
             some
             conceived
             he
             may
             be
             punished
             in
             the
             Admiralty
             ,
             but
             not
             in
             both
             .
          
           
             The
             Hire
             is
             called
             Loadmanage
             ,
             the
             which
             the
             Pylate
             receives
             of
             the
             Master
             for
             conducting
             the
             Ship
             up
             the
             River
             ,
             or
             into
             the
             Port
             to
             her
             convenient
             Bed.
             
          
           
             If
             two
             Ships
             lye
             in
             a
             Harbour
             ,
             and
             the
             Anchor
             of
             one
             is
             feared
             may
             occasion
             to
             damnifie
             the
             other
             ,
             if
             after
             request
             and
             refusal
             (
             and
             there
             be
             probable
             cause
             ,
             the
             other
             may
             take
             up
             the
             same
             ,
             and
             let
             the
             same
             down
             at
             a
             further
             distance
             ,
             and
             the
             same
             is
             opposed
             or
             hindred
             ,
             if
             any
             damage
             happens
             they
             are
             to
             make
             full
             satisfaction
             ;
             so
             it
             is
             if
             they
             lay
             out
             an
             Anchor
             and
             neglect
             the
             
             placing
             of
             a
             Buoy
             to
             the
             Anchor
             ,
             and
             damage
             happen
             thereby
             ,
             they
             are
             not
             onely
             subject
             to
             be
             punished
             in
             the
             Admiralty
             ,
             but
             likewise
             to
             render
             satisfaction
             to
             the
             party
             damnified
             .
          
           
             If
             two
             Ships
             be
             in
             the
             River
             ,
             and
             the
             one
             falls
             foul
             on
             the
             other
             both
             being
             laden
             ,
             by
             the
             Law
             Maritime
             the
             Contribution
             is
             to
             be
             in
             Common
             ,
             and
             to
             be
             equally
             
             divided
             and
             apprized
             half
             by
             half
             ;
             but
             then
             the
             Marriners
             must
             swear
             there
             was
             no
             fault
             in
             them
             :
             for
             otherwise
             
             one
             that
             hath
             an
             old
             rotten
             Vessel
             which
             he
             can
             no
             wayes
             dispose
             of
             ,
             may
             so
             order
             the
             matter
             as
             to
             lay
             her
             in
             the
             way
             of
             a
             good
             Ship
             under
             sayl
             ,
             so
             that
             the
             same
             may
             be
             answered
             in
             damage
             :
             but
             when
             the
             Contribution
             is
             made
             equal
             ,
             then
             the
             contrivance
             will
             be
             avoided
             .
          
        
         
           
           
             CHAP.
             X.
             
               Of
               Bills
               of
               Exchange
            
             .
          
           
             
               
                 
                   I.
                   Of
                   the
                   Antiquity
                   of
                   Exchange
                   by
                   the
                   Hebrew
                   Law.
                   
                
                 
                   II.
                   Of
                   the
                   Antiquity
                   of
                   Exchange
                   by
                   the
                   Romans
                   .
                
                 
                   III.
                   Of
                   Exchanges
                   by
                   other
                   Nations
                   in
                   imitation
                   of
                   those
                   people
                   .
                
                 
                   IV.
                   Of
                   the
                   several
                   sorts
                   of
                   Exchanges
                   ,
                   and
                   of
                   
                     Cambio
                     commune
                  
                   .
                
                 
                   V.
                   Of
                   Cambio
                   real
                   ,
                   or
                   Exchanges
                   value
                   for
                   value
                   .
                
                 
                   VI.
                   Of
                   
                     Cambio
                     sicco
                  
                   ,
                   or
                   dry
                   Exchanges
                   .
                
                 
                   VII
                   .
                   Of
                   
                     Cambio
                     fictitio
                  
                   ,
                   or
                   seigned
                   Exchange
                   .
                
                 
                   VIII
                   .
                   Of
                   the
                   Exchanges
                   used
                   this
                   day
                   ,
                   and
                   on
                   what
                   .
                
                 
                   IX
                   .
                   How
                   Exchanges
                   are
                   made
                   ,
                   and
                   upon
                   Moneys
                   in
                   London
                   .
                
                 
                   X.
                   Moneys
                   paid
                   generally
                   ,
                   how
                   repaid
                   by
                   Exchange
                   .
                
                 
                   XI
                   .
                   Of
                   Bills
                   of
                   Exchange
                   payable
                   at
                   single
                   usance
                   .
                
                 
                   XII
                   .
                   Bills
                   of
                   Exchange
                   at
                   double
                   or
                   treble
                   usance
                   ,
                   and
                   of
                   the
                   customary
                   usances
                   to
                   certain
                   places
                   from
                   London
                   and
                   Amsterdam
                   to
                   other
                   places
                   .
                
                 
                   XIII
                   .
                   Of
                   the
                   nature
                   of
                   Bills
                   of
                   Exchange
                   ,
                   and
                   how
                   esteemed
                   of
                   by
                   the
                   Lawes
                   of
                   England
                   .
                
                 
                   XIV
                   .
                   Bills
                   drawn
                   more
                   then
                   one
                   ,
                   no
                   prejudice
                   to
                   the
                   parties
                   ;
                   and
                   of
                   the
                   true
                   measure
                   of
                   judging
                   on
                   Bills
                   by
                   Custome
                   .
                
                 
                   XV.
                   What
                   amounts
                   to
                   an
                   acceptance
                   generally
                   ,
                   and
                   on
                   refusal
                   where
                   to
                   be
                   protested
                
                 
                   XVI
                   .
                   All
                   the
                   drawers
                   are
                   made
                   lyable
                   ;
                   and
                   whether
                   the
                   party
                   to
                   whom
                   the
                   Money
                   is
                   made
                   payable
                   is
                   bound
                   to
                   procure
                   an
                   acceptance
                   .
                
                 
                   XVII
                   .
                   Protest
                   ,
                   what
                   is
                   meant
                   by
                   the
                   same
                   ;
                   and
                   where
                   the
                   same
                   is
                   necessary
                   ,
                   and
                   where
                   not
                   .
                
                 
                   XVIII
                   .
                   Bill
                   drawn
                   on
                   two
                   persons
                   ,
                   where
                   the
                   same
                   is
                   necessary
                   ,
                   and
                   where
                   not
                   .
                
                 
                   XIX
                   .
                   One
                   Factor
                   serves
                   a
                   Company
                   ,
                   where
                   a
                   Bill
                   accepted
                   of
                   his
                   by
                   one
                   of
                   the
                   Company
                   obliges
                   the
                   rest
                   ,
                   and
                   where
                   not
                   .
                
                 
                   XX.
                   What
                   words
                   amount
                   to
                   an
                   acceptance
                   ,
                   and
                   what
                   not
                   .
                
                 
                   XXI
                   .
                   Where
                   a
                   Bill
                   may
                   be
                   accepted
                   for
                   part
                   ,
                   and
                   what
                   must
                   be
                   done
                   with
                   the
                   Bill
                   thereupon
                   .
                
                 
                   XXII
                   .
                   When
                   a
                   Countermand
                   may
                   legally
                   be
                   made
                   ,
                   and
                   when
                   not
                   .
                
                 
                   XXIII
                   .
                   How
                   the
                   several
                   parties
                   interessed
                   in
                   a
                   Bill
                   of
                   Exchange
                   are
                   obliged
                   and
                   fettered
                   to
                   each
                   other
                   .
                
                 
                   XXIV
                   .
                   How
                   a
                   Collateral
                   security
                   may
                   be
                   annexed
                   to
                   a
                   Bill
                   when
                   the
                   time
                   is
                   elapsed
                   for
                   non-payment
                   .
                
                 
                   XXV
                   .
                   Where
                   the
                   Protest
                   is
                   onely
                   necessary
                   to
                   be
                   kept
                   ,
                   and
                   where
                   that
                   and
                   the
                   Bill
                   must
                   both
                   be
                   remitted
                   .
                
                 
                   XXVI
                   .
                   Bill
                   lost
                   ,
                   what
                   is
                   necessary
                   for
                   the
                   parties
                   interessed
                   in
                   such
                   case
                   to
                   act
                   .
                
                 
                   XXVII
                   .
                   Of
                   blanck
                   Endorsements
                   ,
                   the
                   validity
                   of
                   the
                   same
                   .
                
                 
                   XXVIII
                   .
                   A
                   Bill
                   once
                   accepted
                   ,
                   
                   whether
                   the
                   same
                   may
                   be
                   revoked
                   ;
                   and
                   whether
                   it
                   may
                   be
                   accepted
                   to
                   be
                   paid
                   at
                   a
                   longer
                   time
                   then
                   is
                   mentioned
                   :
                   and
                   what
                   Protests
                   are
                   then
                   necessary
                   to
                   be
                   made
                   .
                
                 
                   XXIX
                   .
                   Of
                   Bills
                   accepted
                   for
                   the
                   honour
                   of
                   the
                   drawer
                   ,
                   where
                   the
                   same
                   shall
                   oblige
                   .
                
                 
                   XXX
                   .
                   The
                   time
                   customary
                   allowed
                   for
                   payment
                   after
                   failer
                   of
                   payment
                   at
                   the
                   day
                   .
                
                 
                   XXXI
                   .
                   Of
                   the
                   validity
                   of
                   the
                   speedy
                   protest
                   as
                   in
                   relation
                   to
                   recover
                   the
                   money
                   to
                   be
                   paid
                   on
                   the
                   drawer
                   .
                
                 
                   XXXII
                   .
                   Bill
                   accepted
                   ,
                   and
                   before
                   the
                   day
                   of
                   payment
                   the
                   Acceptor
                   is
                   a
                   sayling
                   ,
                   what
                   's
                   necessary
                   to
                   be
                   done
                   as
                   in
                   reference
                   to
                   obtaining
                   better
                   security
                   .
                
                 
                   XXXIII
                   .
                   Bills
                   accepted
                   for
                   the
                   honour
                   of
                   the
                   drawer
                   ,
                   where
                   turned
                   into
                   an
                   act
                   and
                   remitted
                   by
                   him
                   that
                   gives
                   honour
                   to
                   the
                   Bill
                   .
                
                 
                   XXXIV
                   .
                   The
                   Acceptor
                   ready
                   to
                   pay
                   ,
                   but
                   the
                   party
                   to
                   whom
                   made
                   payable
                   is
                   dead
                   ,
                   what
                   is
                   necessary
                   .
                
                 
                   XXXV
                   .
                   Causes
                   general
                   for
                   a
                   Protest
                   ,
                   and
                   where
                   satisfaction
                   to
                   the
                   deliverer
                   discharges
                   all
                   parties
                   .
                
                 
                   XXXVI
                   .
                   Of
                   Exchange
                   by
                   way
                   of
                   Credit
                   .
                
                 
                   XXXVII
                   .
                   One
                   payes
                   a
                   Bill
                   before
                   it
                   be
                   due
                   ,
                   and
                   the
                   party
                   to
                   whom
                   the
                   same
                   was
                   paid
                   fails
                   ,
                   where
                   he
                   shall
                   be
                   answerable
                   to
                   the
                   drawer
                   notwithstanding
                   .
                
                 
                   XXXVIII
                   .
                   Of
                   Bills
                   assignable
                   over
                   according
                   to
                   the
                   Customes
                   of
                   Merchants
                   ,
                   what
                   operation
                   in
                   England
                   .
                
              
            
          
           
             I.
             THe
             Exchange
             for
             Moneys
             is
             of
             great
             Antiquity
             as
             well
             by
             observation
             of
             the
             Hebrew
             Customes
             ,
             as
             those
             of
             the
             Romans
             .
          
           
             Upon
             the
             first
             of
             the
             Month
             Adar
             ,
             Proclamation
             was
             made
             thoroughout
             all
             Israel
             ,
             That
             the
             People
             should
             provide
             their
             half
             Sheckl●…
             which
             were
             yearly
             paid
             towards
             the
             Service
             of
             the
             Temple
             according
             to
             the
             Commandement
             of
             God
             ;
             on
             the
             25th
             of
             Adar
             then
             they
             brought
             Tables
             into
             the
             Temple
             ,
             (
             that
             is
             ,
             
             into
             the
             outward
             Court
             where
             the
             people
             stood
             )
             on
             these
             Tables
             lay
             the
             lesser
             Coyns
             which
             were
             to
             furnish
             those
             who
             wanted
             half
             Sheckles
             for
             their
             Offerings
             ,
             or
             that
             wanted
             lesser
             pieces
             of
             money
             in
             their
             payment
             ,
             for
             
               Oxen
               ,
               Sheep
               ,
               Doves
            
             and
             the
             like
             which
             stood
             there
             
             in
             a
             readiness
             in
             the
             same
             Court
             to
             be
             sold
             for
             Sacrifices
             ;
             but
             this
             supply
             and
             furnishing
             the
             people
             from
             those
             Tables
             was
             not
             without
             an
             Exchange
             for
             other
             money
             ,
             or
             other
             things
             in
             lieu
             of
             money
             ,
             and
             that
             upon
             advantage
             :
             Hence
             all
             those
             that
             sate
             at
             the
             Tables
             were
             called
             chief
             Bankers
             ,
             or
             Masters
             of
             the
             Exchange
             .
          
           
           
             II.
             By
             the
             Romans
             it
             is
             supposed
             to
             be
             in
             use
             upwards
             of
             2000
             years
             ,
             Moneys
             being
             then
             elected
             out
             of
             the
             best
             of
             Metals
             to
             avoid
             the
             tedious
             carriage
             of
             Merchandize
             ,
             from
             one
             Countrey
             to
             another
             :
             So
             other
             Nations
             imitating
             the
             Jewes
             and
             Romans
             ,
             erected
             
             Mints
             ,
             and
             coyned
             Moneys
             ,
             upon
             which
             the
             Exchange
             by
             Bills
             was
             devised
             ,
             not
             onely
             to
             avoid
             the
             danger
             and
             adventure
             ,
             but
             also
             its
             troublesome
             and
             tedious
             carriage
             .
          
           
             III.
             Thus
             Kingdoms
             and
             Countreys
             having
             by
             their
             soveraign
             authorities
             coyned
             Moneys
             ,
             caused
             them
             to
             appoint
             a
             certain
             Exchange
             ,
             for
             permutation
             of
             the
             various
             Coyns
             of
             several
             Countreys
             ,
             without
             any
             transportation
             of
             the
             Coyn
             ,
             but
             giving
             
               par
               pro
               pari
            
             ,
             or
             
               value
               for
               value
            
             ,
             with
             a
             certain
             allowance
             to
             be
             made
             those
             Exchangers
             for
             accommodating
             the
             Merchants
             .
          
           
             IV.
             As
             Commerce
             became
             various
             ,
             so
             Exchange
             numerous
             ;
             but
             generally
             reduced
             to
             four
             ,
             
               Cambio
               Commune
               ,
               Cambio
               real
               ,
               Cambio
               sicco
               ,
            
             and
             
               Cambio
               fictitio
            
             .
          
           
             
               Cambio
               Commune
            
             in
             England
             was
             those
             that
             were
             Constituted
             by
             the
             several
             Kings
             ,
             where
             having
             received
             
             Moneys
             in
             England
             ,
             would
             remit
             by
             Exchange
             the
             like
             sum
             to
             be
             paid
             in
             another
             Kingdome
             .
             
               Edward
               the
               Third
            
             ,
             to
             ascertain
             the
             Exchange
             ,
             caused
             Tables
             to
             be
             set
             up
             in
             most
             of
             the
             g●…eral
             Marts
             or
             Ports
             of
             England
             ,
             declaring
             the
             values
             of
             all
             or
             most
             of
             the
             Forraign
             Coyns
             of
             those
             Countries
             where
             his
             Subjects
             held
             correspondence
             or
             Commerce
             ,
             and
             what
             allowances
             were
             to
             be
             made
             for
             having
             Moneys
             to
             be
             remitted
             to
             such
             Countryes
             or
             Kingdoms
             .
          
           
             V.
             
               Cambio
               real
            
             ,
             was
             when
             Moneys
             were
             paid
             to
             the
             Exchanger
             ,
             and
             Bills
             were
             drawn
             ,
             without
             naming
             
             the
             Species
             ,
             but
             according
             to
             the
             value
             of
             the
             several
             Coyns
             ,
             which
             two
             Offices
             afterwards
             were
             incorporated
             ,
             and
             indeed
             was
             no
             more
             but
             upon
             payment
             of
             Moneys
             here
             in
             England
             to
             be
             repaid
             the
             just
             value
             in
             money
             in
             another
             Countrey
             ,
             according
             to
             the
             price
             agreed
             upon
             between
             the
             Officer
             and
             deliverer
             to
             allow
             or
             pay
             for
             the
             exchange
             of
             the
             money
             and
             the
             loss
             of
             time
             .
          
           
           
             VI.
             
               Cambio
               sicco
            
             ,
             or
             dry
             Exchange
             ,
             is
             when
             a
             Merchant
             hath
             occasion
             for
             500
             l.
             for
             a
             certain
             time
             ,
             and
             would
             willingly
             pay
             interest
             for
             the
             same
             ;
             the
             Banker
             being
             desirous
             to
             take
             more
             than
             the
             Statute
             gives
             ,
             and
             yet
             would
             avoid
             the
             same
             ,
             offers
             the
             500
             l.
             by
             Exchange
             for
             Cales
             ,
             whereunto
             the
             Merchant
             agrees
             ;
             but
             the
             Merchant
             
             having
             no
             correspondence
             there
             ,
             the
             Banker
             desires
             him
             to
             draw
             his
             Bill
             ,
             to
             be
             paid
             at
             double
             or
             treble
             usance
             ,
             at
             Cales
             ,
             by
             
               Robin
               Hood
            
             ,
             or
             John-a-Noakes
             (
             any
             seign'd
             person
             )
             at
             the
             price
             the
             Exchange
             is
             then
             curant
             ;
             accordingly
             the
             Merchant
             makes
             the
             Bill
             ,
             and
             then
             the
             Banker
             payes
             the
             moneys
             ;
             which
             Bill
             the
             Banker
             remits
             to
             some
             Friend
             of
             his
             to
             get
             a
             Protest
             from
             Cales
             for
             non-payment
             ,
             with
             their
             Exchange
             of
             the
             money
             from
             Cales
             to
             London
             ,
             all
             which
             with
             costs
             ,
             the
             Merchant
             is
             to
             repay
             to
             the
             Banker
             ;
             sometimes
             they
             are
             so
             conscientious
             as
             not
             to
             make
             above
             30
             
               per
               Cent.
            
             
          
           
             VII
             .
             
               Cambio
               fictitio
            
             ,
             when
             a
             Merchant
             hath
             occasion
             for
             Goods
             to
             Freight
             out
             his
             Ship
             ,
             but
             cannot
             well
             spare
             money
             ;
             The
             Owner
             ,
             of
             the
             Goods
             tells
             him
             he
             must
             have
             ready
             money
             ;
             the
             buyer
             knowing
             his
             drift
             it
             is
             agreed
             ,
             that
             the
             seller
             shall
             take
             up
             the
             moneys
             by
             Exchange
             for
             Venice
             ,
             or
             any
             other
             parts
             ;
             but
             then
             the
             Merchant
             must
             pay
             for
             Exchange
             and
             re-exchange
             .
          
           
             So
             likewise
             where
             the
             Merchant
             is
             become
             indebted
             to
             the
             Banker
             ▪
             they
             are
             contented
             to
             stay
             ,
             the
             Merchant
             paying
             Exchange
             and
             re-exchange
             ;
             the
             which
             he
             will
             most
             certainly
             compel
             him
             to
             do
             .
          
           
             These
             two
             last
             wayes
             of
             grinding
             the
             face
             of
             the
             
             generous
             Merchant
             ,
             was
             afterwards
             prohibited
             ,
             but
             ,
             notwithstanding
             it
             was
             found
             impossible
             to
             moderate
             the
             inequality
             of
             Exchanges
             ,
             and
             to
             have
             value
             for
             value
             :
             so
             that
             at
             this
             day
             it
             seems
             to
             be
             a
             Cold
             ,
             that
             many
             an
             honest
             man
             is
             apt
             to
             catch
             .
          
           
             VIII
             .
             The
             just
             and
             true
             Exchange
             for
             Moneys
             that
             is
             at
             this
             day
             used
             in
             England
             (
             by
             Bills
             )
             is
             
               par
               pro
               pari
            
             ,
             according
             to
             value
             for
             value
             ;
             so
             as
             the
             English
             Exchange
             ,
             being
             grounded
             on
             the
             weight
             and
             fineness
             of
             our
             own
             Moneys
             ,
             and
             the
             weight
             and
             fineness
             of
             the
             Moneys
             of
             
             
             
             
             
             each
             other
             Countrey
             ,
             according
             to
             their
             several
             Standards
             proportionable
             in
             their
             valuation
             ,
             which
             being
             truly
             and
             justly
             made
             ,
             ascertains
             and
             reduces
             the
             price
             of
             Exchange
             to
             a
             sum
             certain
             for
             the
             Exchange
             of
             Moneys
             to
             any
             Nation
             or
             Countrey
             whatsoever
             :
             As
             for
             instance
             ,
          
           
             If
             one
             receives
             100
             l.
             in
             London
             to
             pay
             100
             l.
             in
             Exeter
             ;
             this
             by
             the
             Par.
             
          
           
             But
             if
             a
             Merchant
             receives
             100
             l.
             in
             London
             to
             pay
             100
             l.
             at
             Paris
             ,
             there
             the
             party
             is
             to
             examine
             and
             compare
             the
             English
             weight
             with
             the
             weight
             of
             France
             ,
             the
             fineness
             of
             the
             
               English
               Sterling
            
             Standard
             with
             the
             fineness
             of
             the
             French
             Standard
             ;
             if
             that
             at
             Paris
             and
             that
             at
             London
             differ
             not
             in
             proportion
             ,
             then
             the
             Exchange
             may
             run
             at
             one
             price
             ,
             taking
             the
             denomination
             according
             to
             the
             valuation
             of
             the
             Moneys
             of
             each
             Countrey
             ;
             but
             if
             they
             differ
             ,
             the
             price
             accordingly
             rises
             or
             falls
             :
             and
             the
             same
             is
             easily
             known
             ,
             by
             knowing
             and
             examining
             the
             real
             fineness
             of
             a
             French
             5
             s.
             piece
             ,
             and
             an
             English
             5
             s.
             piece
             ,
             and
             the
             difference
             which
             is
             to
             be
             allowed
             for
             the
             want
             of
             fineness
             or
             weight
             ,
             which
             is
             the
             Exchange
             ,
             and
             so
             proportionably
             for
             any
             ,
             Sums
             or
             Moneys
             of
             any
             other
             Countrey
             ;
             the
             which
             is
             called
             Par
             ,
             or
             giving
             value
             for
             value
             .
          
           
             But
             this
             Course
             of
             Exchange
             *
             is
             of
             later
             years
             abused
             ,
             and
             now
             Moneys
             are
             made
             a
             meer
             Merchandize
             ,
             and
             does
             over-rule
             Commodities
             ,
             and
             Moneys
             rise
             and
             fall
             in
             price
             according
             to
             the
             plenty
             and
             scarcity
             of
             money
             .
          
           
             IX
             .
             As
             Money
             is
             the
             common
             measure
             of
             things
             between
             man
             and
             man
             within
             the
             Realm
             ,
             so
             is
             Exchange
             between
             Merchant
             and
             Merchant
             within
             and
             without
             the
             Realm
             ;
             The
             which
             is
             properly
             made
             by
             Bills
             when
             Money
             is
             delivered
             simply
             here
             in
             England
             ,
             and
             Bills
             received
             for
             the
             repayment
             of
             the
             same
             in
             some
             other
             Country
             either
             within
             the
             Realm
             or
             without
             the
             Realm
             ,
             at
             a
             price
             certain
             ,
             and
             agreed
             upon
             between
             the
             Merchant
             and
             the
             Deliverer
             .
          
           
           
             For
             there
             is
             not
             at
             this
             day
             any
             peculiar
             or
             proper
             Money
             to
             be
             found
             in
             Specie
             whereupon
             Outland
             Exchanges
             can
             be
             grounded
             ;
             therefore
             all
             Forraign
             Coyns
             are
             called
             imaginary
             ,
          
           
             At
             London
             all
             Exchanges
             are
             made
             upon
             the
             pound
             sterling
             of
             20
             s.
             and
             12
             d.
             to
             the
             shilling
             ,
             for
             Germany
             ,
             
             Low-Countries
             ,
             and
             other
             places
             of
             Traffique
             ;
             and
             for
             France
             upon
             the
             French
             Crown
             :
             for
             
               Italy
               ,
               Spain
            
             ,
             and
             some
             other
             places
             ,
             upon
             the
             Ducat
             :
             For
             
               Florence
               ,
               Venice
            
             ,
             and
             other
             places
             in
             the
             Streights
             ,
             commonly
             by
             the
             Dollar
             ,
             and
             Florin
             .
          
           
             X.
             Bills
             drawn
             to
             be
             paid
             ,
             are
             either
             at
             sight
             ,
             or
             a
             time
             certain
             ,
             single
             ,
             double
             or
             treble
             usance
             ,
             and
             are
             commonly
             about
             3.
             for
             fear
             of
             any
             miscarriage
             .
          
           
             The
             taking
             and
             delivering
             money
             at
             sight
             binds
             the
             taker
             up
             to
             give
             his
             Bill
             to
             pay
             at
             sight
             ,
             or
             within
             some
             short
             time
             the
             like
             sum
             after
             such
             a
             rate
             the
             Pound
             ,
             Dollar
             ,
             Ducat
             or
             Crown
             ,
             as
             is
             agreed
             between
             them
             in
             Forraign
             Coyn
             ,
             either
             according
             to
             the
             valuation
             of
             Moneys
             ,
             or
             currant
             Moneys
             for
             Merchandize
             .
          
           
             XI
             .
             The
             second
             time
             of
             payment
             is
             called
             Usance
             ,
             it
             is
             known
             or
             taken
             to
             be
             the
             compass
             of
             one
             month
             ,
             to
             be
             computed
             from
             the
             date
             of
             the
             Bill
             ,
             and
             that
             governed
             according
             to
             the
             custome
             of
             the
             place
             where
             those
             Exchanges
             do
             run
             .
          
           
             XII
             .
             The
             third
             is
             double
             or
             treble
             Usance
             2.
             or
             3.
             months
             ;
             sometimes
             there
             are
             Exchanges
             made
             upon
             half
             Usance
             .
          
           
             The
             times
             of
             payment
             do
             alter
             the
             price
             of
             Exchanges
             according
             to
             time
             ,
             commonly
             after
             12
             ,
             15
             ,
             or
             20
             in
             the
             Hundred
             by
             the
             year
             .
          
           
           
             
               
                 
                   
                     
                       
                         Usance
                         from
                         London
                         to
                      
                       
                         Middleborough
                      
                       
                         are
                         generally
                         accounted
                         one
                         months
                         time
                         from
                         the
                         date
                         of
                         the
                         Bill
                         .
                      
                    
                     
                       
                         Amsterdam
                      
                    
                     
                       
                         Antwerpe
                      
                    
                     
                       
                         Bridges
                      
                    
                     
                       
                         Rotterdam
                      
                    
                     
                       
                         Lisle
                      
                    
                     
                       
                         Roane
                      
                    
                     
                       
                         Paris
                      
                    
                  
                
                 
                   The
                   Bills
                   may
                   have
                   a
                   larger
                   ,
                   sometime
                   a
                   shorter
                   time
                   ,
                   there
                   is
                   no
                   direct
                   certainty
                   ,
                   but
                   onely
                   that
                   single
                   Usance
                   is
                   a
                   month
                   ,
                   double
                   Usance
                   2.
                   months
                   ,
                   &c.
                   
                
              
               
                 
                   
                     
                       
                         Usance
                         from
                         Amsterdam
                         to
                      
                       
                         Rome
                      
                       
                         Are
                         generally
                         accounted
                         2
                         months
                         from
                         the
                         date
                         ,
                         &c.
                         
                      
                    
                     
                       
                         Genoa
                      
                    
                     
                       
                         Venice
                      
                    
                     
                       
                         Naples
                      
                    
                     
                       
                         Palermo
                      
                    
                     
                       
                         Luca
                      
                    
                     
                       
                         Sevill
                      
                    
                     
                       
                         Lisbon
                      
                    
                  
                
              
               
                 
                   
                     
                       
                         From
                         London
                         to
                      
                       
                         Florence
                      
                       
                         is
                         sometime
                         accounted
                         treble
                         Usance
                         from
                         the
                         date
                         of
                         the
                         Bill
                         .
                      
                    
                     
                       
                         Venice
                      
                    
                     
                       
                         Leighorne
                      
                    
                     
                       
                         Zant
                      
                    
                     
                       
                         Aleppo
                      
                    
                     
                       
                         Luca.
                         
                      
                    
                  
                
              
            
          
           
             XIII
             .
             
               Excambium
               vel
               Cambium
            
             ,
             or
             as
             the
             Civilians
             term
             ,
             
               permutatio
               ;
               Billa
               Excambij
            
             signifieth
             no
             more
             but
             a
             customary
             Bill
             ,
             solempnized
             by
             a
             numerous
             consent
             of
             Traders
             ,
             to
             have
             a
             respect
             more
             then
             other
             Bills
             ,
             though
             of
             as
             high
             and
             as
             intrinsical
             a
             value
             :
             And
             those
             that
             give
             such
             Bills
             were
             called
             Exchangers
             ,
             or
             Bankers
             .
          
           
             Though
             the
             Act
             was
             no
             more
             but
             to
             keep
             up
             the
             life
             of
             Commerce
             ,
             (
             without
             which
             it
             is
             impossible
             for
             any
             Nation
             to
             flourish
             ;
             )
             yet
             could
             not
             any
             person
             draw
             
             such
             Bills
             ,
             or
             return
             Money
             beyond
             Seas
             ,
             without
             Licence
             first
             obtained
             of
             the
             King.
             
          
           
           
             But
             at
             this
             day
             any
             man
             may
             do
             it
             without
             being
             obliged
             to
             obtain
             such
             leave
             .
          
           
             XIV
             .
             Such
             a
             Bill
             being
             drawn
             ,
             they
             commonly
             take
             one
             or
             two
             more
             of
             the
             same
             date
             word
             for
             word
             ,
             onely
             this
             Clause
             is
             inserted
             in
             the
             second
             ,
             My
             first
             of
             the
             same
             date
             persons
             and
             sum
             not
             being
             paid
             :
             And
             in
             the
             third
             ,
             My
             first
             and
             second
             of
             the
             same
             date
             ,
             and
             contents
             not
             being
             paid
             .
          
           
             The
             right
             measure
             of
             judging
             on
             Bills
             of
             Exchange
             ,
             is
             purely
             by
             the
             laudable
             Custome
             often
             reiterated
             over
             
             and
             over
             ,
             by
             which
             means
             the
             same
             hath
             obtained
             the
             force
             of
             a
             Law
             ,
             and
             not
             the
             bare
             and
             single
             opinion
             of
             some
             half-fledg'd
             Merchants
             :
             For
             Bills
             of
             Exchange
             are
             things
             of
             great
             moment
             as
             to
             Commerce
             ,
             and
             are
             neither
             to
             be
             strained
             so
             high
             ,
             as
             that
             a
             man
             should
             not
             cast
             his
             eye
             on
             them
             but
             the
             same
             shall
             be
             taken
             to
             be
             an
             acceptance
             :
             nor
             on
             the
             other
             hand
             having
             duly
             accepted
             them
             ,
             the
             same
             should
             be
             rashly
             and
             unadvisedly
             avoided
             ,
             by
             the
             shallow
             fancy
             of
             such
             nimble
             pated
             shufflers
             ;
             but
             they
             are
             soberly
             judged
             and
             governed
             ,
             as
             the
             same
             hath
             generally
             been
             approved
             of
             and
             adjudged
             of
             in
             former
             Ages
             .
          
           
             XV.
             A
             Bill
             being
             remitted
             ,
             the
             party
             is
             to
             go
             immediately
             to
             the
             person
             to
             whom
             the
             same
             is
             directed
             ,
             and
             present
             the
             same
             in
             order
             to
             his
             acceptance
             ;
             if
             it
             be
             tendred
             ,
             and
             the
             party
             subscribes
             Accepted
             ;
             or
             ,
             
               Accepted
               by
               me
               A.
               B
            
             ;
             or
             being
             in
             the
             Exchange
             sayes
             ,
             
               I
               accept
               the
               Bill
               ,
               and
               will
               pay
               it
               according
               to
               the
               Contents
            
             ;
             this
             amounts
             without
             all
             controversie
             to
             an
             Acceptance
             .
          
           
             But
             if
             the
             same
             be
             refused
             ,
             the
             party
             must
             then
             procure
             
             a
             Protest
             ,
             and
             remit
             the
             same
             to
             the
             Deliverer
             ,
             who
             is
             to
             resort
             to
             the
             Drawer
             for
             satisfaction
             for
             the
             principal
             costs
             and
             damage
             .
          
           
           
             XVI
             .
             If
             there
             be
             several
             Drawers
             who
             subscribe
             ,
             all
             are
             liable
             in
             case
             of
             a
             Protest
             .
          
           
             If
             a
             Bill
             is
             drawn
             upon
             a
             Merchant
             in
             London
             payable
             to
             
               J.
               S.
            
             at
             double
             Usance
             ,
             
               J.
               S.
            
             is
             not
             bound
             in
             
             strictness
             of
             Law
             to
             procure
             an
             acceptance
             ,
             but
             onely
             tender
             the
             Bill
             when
             the
             Money
             is
             due
             :
             but
             Merchants
             which
             generally
             have
             generous
             spirits
             will
             not
             surprize
             a
             man
             ,
             but
             will
             first
             procure
             an
             acceptance
             ,
             ●…or
             at
             least
             leave
             the
             Bill
             for
             the
             party
             to
             consider
             and
             give
             his
             answer
             ,
             and
             then
             give
             advice
             of
             the
             same
             ,
             and
             if
             the
             money
             be
             not
             paid
             ,
             then
             protest
             .
          
           
             XVII
             .
             A
             protest
             is
             no
             more
             but
             to
             subject
             the
             drawer
             to
             answer
             in
             case
             of
             non-acceptance
             or
             non-payment
             ;
             nor
             does
             the
             same
             discharge
             the
             party
             Acceptor
             ,
             if
             once
             accepted
             ;
             for
             the
             Deliverer
             hath
             now
             two
             remedies
             ,
             one
             against
             the
             Drawer
             ,
             and
             the
             other
             against
             the
             Acceptor
             .
          
           
             To
             entitle
             the
             party
             to
             an
             Action
             at
             Law
             in
             England
             against
             the
             Acceptor
             ,
             it
             matters
             not
             whether
             there
             be
             a
             Protest
             ;
             but
             to
             entitle
             the
             party
             to
             a
             recovery
             against
             the
             Drawer
             beyond
             the
             Seas
             or
             elsewhere
             ,
             there
             must
             be
             a
             Protest
             before
             a
             Publique
             Notary
             .
          
           
             XVIII
             .
             A
             Bill
             drawn
             on
             two
             joyntly
             must
             have
             a
             
             joynt
             acceptance
             ,
             otherwise
             it
             must
             be
             protested
             ,
             but
             to
             two
             or
             either
             of
             them
             ,
             
               è
               cont
            
             .
          
           
             Then
             if
             the
             same
             be
             accepted
             by
             one
             ,
             it
             is
             pursuant
             to
             the
             tenour
             of
             the
             Bill
             ,
             and
             ought
             not
             to
             be
             protested
             ,
             but
             in
             case
             of
             non-payment
             ;
             and
             in
             that
             case
             the
             person
             acceptor
             is
             lyable
             to
             an
             Action
             :
             but
             if
             it
             be
             on
             joynt
             Traders
             ,
             an
             acceptance
             by
             one
             will
             conclude
             and
             bind
             the
             other
             .
          
           
             XIX
             .
             A
             Factor
             of
             the
             
               Hamborough
               ,
               Turkey
            
             ,
             or
             India
             Company
             drawes
             a
             Bill
             on
             the
             same
             ,
             and
             a
             member
             accepts
             the
             same
             ,
             this
             perhaps
             may
             make
             him
             lyable
             ,
             but
             not
             another
             member
             .
          
           
             So
             it
             is
             if
             10
             Merchants
             shall
             imploy
             a
             Factor
             at
             the
             Canaries
             ,
             and
             the
             Factor
             drawes
             a
             Bill
             on
             them
             all
             ,
             and
             
             one
             of
             them
             accepts
             the
             Bill
             ,
             and
             then
             refuses
             payment
             ;
             this
             will
             not
             oblige
             the
             rest
             .
          
           
             But
             if
             there
             be
             3.
             
             Joynt
             Traders
             for
             the
             common
             stock
             and
             benefit
             of
             all
             there
             ,
             and
             their
             Factor
             drawes
             a
             
             Bill
             on
             them
             ;
             the
             acceptance
             of
             the
             one
             will
             oblige
             the
             residue
             of
             the
             Company
             .
          
           
             XX.
             A
             small
             matter
             amounts
             to
             an
             acceptance
             ,
             so
             that
             there
             be
             right
             understanding
             between
             both
             parties
             ;
             As
             ,
             
               Leave
               your
               Bill
               with
               me
               and
               I
               will
               accept
               it
               :
            
             Or
             ,
             
               Call
               for
               it
               to
               morrow
               ,
               and
               it
               shall
               be
               accepted
            
             ;
             that
             does
             oblige
             as
             effectual
             by
             the
             Custome
             of
             Merchants
             ,
             and
             according
             to
             Law
             ,
             as
             if
             the
             party
             had
             actually
             subscribed
             or
             signed
             it
             ,
             (
             which
             is
             usually
             done
             .
             )
          
           
             But
             if
             a
             man
             shall
             say
             ,
             
               Leave
               your
               Bill
               with
               me
               ,
               I
               will
               look
               over
               my
               Accounts
               and
               Books
               between
               the
               drawer
               and
               I
               ,
               and
               call
               to
               morrow
               ,
               and
               accordingly
               the
               Bill
               shall
               be
               accepted
            
             ;
             this
             shall
             not
             amount
             to
             a
             compleat
             acceptance
             :
             for
             this
             mention
             of
             his
             Book
             and
             Accounts
             ,
             was
             really
             intended
             to
             see
             if
             there
             were
             effects
             in
             his
             hands
             to
             answer
             ,
             without
             which
             perhaps
             he
             would
             not
             accept
             of
             the
             same
             .
             And
             so
             it
             was
             Rul'd
             by
             L.
             Chief
             Justice
             
             Hale
             at
             Guild-Hall
             .
          
           
             A
             Bill
             may
             be
             accepted
             for
             part
             ,
             for
             that
             the
             party
             
             upon
             whom
             the
             same
             was
             drawn
             had
             no
             more
             effects
             in
             his
             hands
             ;
             which
             being
             usually
             done
             ,
             there
             must
             be
             a
             protest
             ,
             if
             not
             for
             the
             whole
             sum
             ,
             yet
             at
             least
             for
             the
             residue
             :
             however
             ,
             after
             payment
             of
             such
             part
             there
             must
             be
             a
             protest
             for
             the
             remainder
             .
          
           
             XXII
             .
             Any
             time
             before
             the
             money
             becomes
             due
             ,
             the
             Drawer
             may
             countermand
             the
             payment
             ,
             although
             
             the
             Bill
             hath
             been
             accepted
             .
          
           
             The
             Countermand
             is
             usually
             made
             before
             a
             Notary
             ;
             but
             if
             it
             comes
             without
             ,
             so
             it
             comes
             under
             the
             parties
             hand
             ,
             it
             is
             well
             enough
             .
          
           
             If
             the
             Bill
             be
             accepted
             ,
             and
             the
             party
             desires
             to
             have
             the
             money
             before
             it
             be
             due
             ,
             and
             it
             is
             paid
             ,
             and
             then
             
             there
             comes
             a
             countermand
             ;
             it
             hath
             been
             conceived
             ,
             that
             he
             ought
             not
             to
             be
             allowed
             ,
             for
             as
             he
             could
             not
             enlarge
             the
             time
             ,
             so
             he
             could
             not
             shorten
             it
             ,
             but
             his
             duty
             is
             to
             follow
             his
             Order
             .
          
           
             XXIII
             .
             Note
             ,
             The
             Drawer
             is
             bound
             to
             the
             Deliverer
             ,
             
             and
             the
             Acceptor
             to
             the
             party
             to
             whom
             the
             Bill
             is
             made
             payable
             ;
             yet
             both
             are
             not
             bound
             to
             one
             man
             ,
             unless
             the
             Deliverer
             be
             a
             servant
             to
             the
             party
             to
             whom
             the
             money
             is
             made
             payable
             ;
             or
             the
             party
             to
             whom
             the
             money
             is
             made
             payable
             be
             servant
             to
             the
             Deliverer
             :
             yet
             both
             Taker
             and
             Accepter
             are
             lyable
             till
             the
             Bill
             is
             paid
             .
          
           
             XXIV
             .
             Therefore
             when
             you
             bring
             your
             Action
             ,
             be
             sure
             to
             draw
             your
             Declaration
             accordingly
             ,
             and
             make
             the
             same
             part
             of
             the
             Custome
             as
             you
             set
             it
             forth
             ;
             for
             if
             you
             vary
             ,
             you
             must
             expect
             to
             be
             nonsuited
             :
             and
             the
             party
             is
             not
             bound
             to
             alledge
             a
             particular
             place
             of
             demand
             .
             
          
           
             If
             a
             Bill
             be
             returned
             protested
             for
             want
             of
             payment
             ,
             the
             Drawer
             is
             to
             repay
             the
             money
             and
             damage
             ,
             or
             else
             he
             may
             procure
             a
             security
             ,
             which
             is
             no
             more
             but
             another
             person
             of
             value
             subscribes
             the
             Bill
             ,
             in
             these
             or
             the
             like
             words
             ,
             
               I
               here
               underwritten
               do
               bind
               my self
               as
               Principal
               ,
               according
               to
               the
               Custome
               of
               Merchants
               ,
               for
               the
               summe
               mentioned
               in
               the
               Bill
               of
               Exchange
               whereupon
               this
               Protest
               is
               made
               ,
               Dated
               ,
               &c.
               
            
          
           
             Now
             the
             Drawer
             by
             vertue
             of
             this
             supplymental
             agreement
             hath
             as
             much
             time
             again
             to
             pay
             the
             Moneys
             as
             there
             was
             given
             him
             in
             the
             Bill
             when
             it
             was
             first
             drawn
             ;
             so
             that
             if
             the
             money
             is
             not
             then
             paid
             ,
             together
             with
             the
             Rechange
             and
             Charges
             of
             the
             party
             ,
             the
             party
             may
             recover
             the
             same
             on
             the
             Principal
             or
             Security
             .
          
           
             XXV
             .
             Beyond
             the
             Seas
             the
             protest
             *
             under
             the
             Notary's
             hand
             is
             sufficient
             to
             shew
             in
             Court
             without
             producing
             the
             very
             Bill
             it self
             .
             But
             if
             a
             Bill
             in
             England
             be
             
             accepted
             ,
             and
             a
             special
             Action
             grounded
             on
             the
             Custome
             be
             brought
             against
             the
             Acceptor
             ,
             at
             the
             Tryal
             the
             party
             Plaintiff
             must
             produce
             the
             Bill
             accepted
             ,
             and
             not
             the
             Protest
             ;
             otherwise
             he
             will
             fail
             in
             his
             Action
             at
             that
             time
             .
          
           
             Therefore
             it
             is
             safe
             that
             a
             Bill
             once
             accepted
             be
             kept
             ,
             and
             onely
             a
             Protest
             for
             non-payment
             be
             remitted
             ;
             but
             a
             Bill
             protested
             for
             not
             acceptance
             must
             be
             remitted
             .
          
           
             XXVI
             .
             If
             a
             Bill
             is
             lest
             with
             a
             Merchant
             to
             accept
             ,
             and
             he
             loses
             the
             Bill
             (
             or
             at
             least
             it
             is
             so
             mis-lade
             that
             it
             cannot
             be
             found
             ;
             )
             if
             the
             party
             shall
             request
             the
             Merchant
             to
             give
             him
             a
             Note
             for
             the
             payment
             according
             to
             the
             time
             limited
             in
             the
             Bill
             of
             Exchange
             .
             Otherwise
             there
             must
             be
             two
             Protests
             ,
             one
             for
             not
             acceptance
             ,
             the
             other
             for
             non-payment
             ;
             but
             if
             a
             Note
             is
             given
             for
             payment
             ,
             if
             there
             happens
             to
             be
             a
             failer
             ,
             yet
             in
             that
             case
             there
             must
             be
             Protest
             for
             non-payment
             .
          
           
             XXVII
             .
             A
             Bill
             is
             remitted
             to
             
               J.
               S.
            
             who
             owes
             moneys
             to
             
               J.
               D
               :
               J.
               S.
            
             delivers
             the
             Bill
             to
             
               J.
               D
            
             ,
             and
             on
             the
             back-side
             subscribes
             his
             name
             ;
             if
             
               J.
               D.
            
             receives
             the
             moneys
             ,
             he
             may
             fill
             up
             the
             blanck
             as
             if
             the
             moneys
             had
             been
             actually
             paid
             to
             
               J.
               S
            
             :
             This
             is
             practised
             amongst
             Merchants
             ,
             and
             by
             them
             reputed
             firm
             and
             good
             .
             But
             certainly
             the
             Common
             Law
             looks
             upon
             this
             filling
             up
             of
             Blanks
             after
             a
             man
             hath
             once
             signed
             or
             sealed
             ,
             to
             be
             no
             better
             then
             a
             harmless
             forgery
             .
          
           
             Note
             .
             No
             person
             be
             it
             Wife
             or
             Servant
             ,
             can
             accept
             of
             a
             Bill
             of
             Exchange
             to
             bind
             the
             Master
             without
             a
             lawful
             authority
             ,
             as
             a
             Letter
             of
             Attorney
             ,
             and
             the
             like
             ,
             which
             must
             be
             under-hand
             ,
             unless
             that
             it
             has
             been
             formerly
             and
             usually
             done
             by
             the
             Wife
             or
             Servant
             in
             such
             case
             ,
             when
             the
             Master
             hath
             been
             out
             of
             Town
             ;
             who
             hath
             approved
             of
             the
             same
             and
             answer'd
             payment
             :
             it
             must
             be
             usually
             done
             ;
             but
             one
             Partner
             may
             for
             another
             .
             
          
           
             A
             Servant
             of
             Sir
             
               Robert
               Clayton
            
             and
             Mr.
             Alderman
             Morris
             ,
             (
             but
             at
             that
             time
             actually
             gone
             from
             them
             )
             took
             
             up
             200
             Guineys
             of
             Mr.
             Monck
             a
             Goldsmith
             ,
             without
             any
             authority
             of
             his
             Masters
             ;
             (
             but
             Monck
             did
             not
             know
             that
             he
             was
             gone
             )
             the
             Moneys
             not
             being
             paid
             ,
             Monck
             
             brought
             an
             Action
             against
             Sir
             
               Robert
               Clayton
            
             and
             Morris
             ,
             and
             at
             Guild-Hall
             it
             was
             Rul'd
             
               per
               Keeling
            
             Chief
             Justice
             ,
             That
             they
             should
             answer
             ;
             and
             there
             was
             a
             Verdict
             for
             the
             Plaintiff
             :
             And
             though
             there
             was
             great
             endeavours
             to
             obtain
             a
             new
             Tryal
             ,
             yet
             it
             was
             denyed
             ,
             the
             Court
             at
             
               West
               minster
            
             being
             fully
             satisfied
             that
             they
             ought
             to
             answer
             :
             for
             this
             Servant
             had
             used
             often
             to
             receive
             and
             pay
             moneys
             for
             them
             ;
             and
             thereupon
             they
             actually
             paid
             the
             moneys
             .
          
           
             Note
             .
             That
             which
             will
             oblige
             the
             Master
             ,
             will
             be
             the
             
             authority
             and
             liberty
             which
             he
             usually
             gives
             the
             Servant
             ;
             therefore
             such
             a
             power
             devolved
             ,
             ought
             to
             be
             secured
             by
             the
             prudent'st
             way
             that
             may
             be
             ;
             which
             is
             generally
             done
             by
             Bonds
             and
             Obligations
             .
          
           
             If
             a
             Bill
             of
             Exchange
             by
             contrary
             Wind
             or
             other
             occasions
             be
             so
             long
             on
             the
             way
             that
             the
             Usance
             or
             time
             limited
             by
             the
             Bill
             be
             expired
             ,
             and
             being
             tendred
             ,
             both
             acceptance
             and
             refusal
             are
             denyed
             ;
             protests
             for
             both
             
             must
             be
             made
             ,
             and
             the
             Drawer
             must
             answer
             the
             value
             ,
             rechange
             and
             damage
             .
          
           
             XXVIII
             .
             A
             Bill
             once
             accepted
             cannot
             be
             revoked
             by
             the
             party
             that
             accepted
             it
             ,
             though
             immediately
             after
             
             and
             before
             the
             Bill
             becomes
             due
             ,
             he
             hath
             advice
             the
             
             Drawer
             is
             broke
             .
          
           
             If
             a
             Bill
             is
             not
             accepted
             to
             be
             paid
             at
             the
             exact
             time
             ,
             it
             must
             be
             protested
             ;
             but
             if
             accepted
             for
             a
             longer
             time
             ,
             the
             party
             to
             whom
             the
             Bill
             is
             made
             payable
             must
             protest
             the
             same
             for
             want
             of
             acceptance
             according
             to
             the
             tenour
             :
             yet
             he
             may
             take
             the
             acceptance
             offered
             notwithstanding
             .
             Nor
             can
             the
             party
             if
             he
             once
             subscribes
             the
             Bill
             for
             a
             longer
             time
             ,
             revoke
             the
             same
             ,
             or
             blot
             out
             his
             name
             ,
             although
             it
             is
             not
             according
             to
             the
             tenour
             of
             the
             Bill
             ;
             for
             by
             his
             acceptance
             he
             hath
             made
             himself
             debtor
             ,
             and
             owns
             the
             draught
             made
             by
             his
             Friend
             upon
             him
             ,
             whose
             right
             another
             man
             cannot
             give
             away
             ,
             and
             therefore
             cannot
             refuse
             or
             discharge
             the
             acceptance
             .
          
           
             Note
             .
             This
             case
             will
             admit
             of
             two
             Protests
             ,
             perhaps
             three
             :
          
           
             
               1.
               
               One
               Protest
               must
               be
               made
               for
               not
               accepting
               according
               to
               the
               time
               .
               
            
             
               2.
               
               For
               that
               the
               money
               ,
               being
               demanded
               according
               to
               the
               time
               mentioned
               in
               the
               Bill
               ,
               was
               not
               paid
               .
            
             
               3.
               
               If
               the
               Money
               is
               not
               paid
               according
               to
               that
               time
               that
               the
               Acceptor
               subscribed
               or
               accepted
               .
            
          
           
             A.
             drawes
             a
             Bill
             on
             B
             ,
             and
             B.
             is
             in
             the
             Country
             ;
             C.
             a
             Friend
             of
             his
             hearing
             of
             the
             Bill
             accepts
             it
             :
             the
             party
             to
             whom
             the
             money
             is
             to
             be
             paid
             must
             make
             a
             protest
             for
             non-acceptance
             by
             B
             ,
             and
             then
             he
             may
             take
             the
             acceptance
             of
             C
             ,
             and
             it
             shall
             bind
             C.
             to
             answer
             the
             Money
             .
          
           
             If
             a
             Bill
             is
             drawn
             on
             B
             ,
             and
             B.
             happens
             to
             be
             in
             the
             Country
             ,
             and
             a
             Friend
             of
             his
             desires
             the
             party
             not
             to
             
             protest
             ,
             and
             he
             will
             pay
             the
             same
             ,
             it
             is
             good
             ,
             and
             shall
             bind
             such
             party
             .
          
           
             If
             there
             be
             two
             joynt-Merchants
             or
             Partners
             ,
             and
             
             one
             of
             them
             accepts
             a
             Bill
             of
             Exchange
             ,
             the
             same
             shall
             
             bind
             the
             other
             ;
             and
             an
             Action
             of
             the
             Case
             on
             the
             Custome
             may
             be
             maintained
             against
             him
             .
          
           
             XXX
             .
             Merchants
             generally
             allow
             3.
             dayes
             after
             a
             Bill
             becomes
             due
             for
             the
             payment
             ;
             and
             for
             non-payment
             
             within
             the
             3.
             dayes
             protest
             is
             made
             ,
             but
             is
             not
             sent
             away
             till
             the
             next
             Post
             after
             the
             time
             of
             payment
             is
             expired
             .
          
           
             If
             Saturday
             is
             the
             third
             day
             ,
             no
             protest
             is
             made
             till
             
             Munday
             .
          
           
             XXXI
             .
             The
             use
             of
             the
             Protest
             is
             this
             ,
             That
             it
             signifies
             
             to
             the
             Drawer
             that
             the
             party
             upon
             whom
             he
             drew
             his
             Bill
             was
             unwilling
             ,
             not
             to
             be
             found
             or
             insolvent
             ,
             and
             to
             let
             him
             have
             a
             timely
             notice
             of
             the
             same
             ,
             and
             to
             enable
             the
             party
             to
             recover
             against
             the
             Drawer
             ,
          
           
             For
             if
             one
             drawes
             a
             Bill
             from
             France
             upon
             a
             person
             in
             England
             ,
             who
             accepts
             and
             fails
             ,
             or
             becomes
             insolvent
             at
             the
             time
             of
             payment
             ,
             if
             there
             be
             not
             a
             Protest
             and
             *
             timely
             notice
             sent
             to
             the
             Drawer
             there
             ,
             it
             will
             be
             difficult
             to
             recover
             the
             money
             .
          
           
             In
             Holland
             they
             are
             not
             altogether
             so
             strict
             ,
             yet
             there
             must
             be
             a
             reasonable
             time
             of
             notice
             ;
             the
             reason
             is
             ,
             for
             perhaps
             if
             he
             had
             reasonable
             and
             timely
             notice
             ,
             the
             Drawer
             then
             might
             have
             had
             Effects
             or
             other
             means
             of
             his
             upon
             whom
             he
             drew
             ,
             to
             reimburse
             himself
             the
             Bill
             ;
             which
             since
             for
             want
             of
             timely
             notice
             he
             hath
             remitted
             or
             lost
             .
             And
             the
             general
             Rule
             is
             ,
             That
             though
             the
             Drawer
             is
             bound
             to
             the
             Deliverer
             till
             the
             Bill
             is
             satisfied
             ,
             yet
             it
             is
             with
             this
             proviso
             ,
             that
             protest
             be
             made
             in
             due
             time
             ,
             and
             a
             lawful
             and
             an
             ingenious
             diligence
             used
             
             for
             the
             obtaining
             payment
             of
             the
             Moneys
             ;
             for
             it
             were
             unreasonable
             the
             Drawer
             should
             suffer
             thorough
             his
             neglect
             .
          
           
             XXXII
             .
             Where
             a
             Merchant
             hath
             accepted
             ,
             and
             before
             the
             same
             became
             due
             ,
             he
             becomes
             insolvent
             ,
             or
             at
             least
             
             his
             credit
             publiquely
             blasted
             ,
             a
             Protest
             ought
             to
             go
             ;
             but
             
             then
             there
             is
             usually
             a
             demand
             made
             ,
             which
             once
             comeing
             ,
             the
             Drawer
             is
             compellable
             to
             give
             better
             security
             ;
             and
             if
             a
             second
             Bill
             comes
             if
             no
             protest
             ,
             then
             Drawer
             and
             Security
             lye
             at
             stake
             .
          
           
             XXXIII
             .
             If
             a
             Merchant
             drawes
             a
             Bill
             ,
             and
             there
             is
             a
             Protest
             for
             non-payment
             ;
             if
             another
             person
             hearing
             of
             the
             same
             declare
             ,
             that
             he
             for
             the
             honour
             of
             the
             Drawer
             will
             pay
             the
             contents
             ,
             and
             thereupon
             subscribes
             ;
             he
             is
             obliged
             thereby
             :
             and
             in
             this
             case
             it
             has
             been
             practised
             ,
             that
             the
             party
             that
             received
             the
             money
             hath
             put
             his
             name
             on
             the
             back-side
             of
             the
             Bill
             in
             blanck
             ;
             but
             the
             receipt
             is
             sometimes
             taken
             on
             the
             Protest
             ,
             which
             together
             with
             the
             whole
             proceeding
             is
             turned
             into
             an
             act
             ,
             and
             the
             same
             being
             drawn
             by
             the
             Notary
             ,
             is
             remitted
             to
             the
             Drawer
             by
             him
             who
             gave
             honour
             to
             the
             Bill
             .
          
           
             XXXIV
             .
             If
             a
             Bill
             be
             accepted
             ,
             and
             the
             party
             dyes
             ,
             yet
             there
             must
             be
             a
             demand
             made
             of
             his
             Executors
             or
             Administration
             ;
             and
             in
             default
             or
             delay
             of
             payment
             ,
             a
             Protest
             must
             be
             made
             :
             and
             although
             it
             may
             fall
             out
             that
             the
             Moneys
             may
             become
             due
             before
             there
             can
             be
             
             Administrators
             ,
             or
             the
             Probate
             of
             the
             Will
             be
             granted
             ;
             yet
             that
             is
             delay
             sufficient
             for
             a
             Protest
             in
             case
             of
             non-payment
             .
          
           
             But
             on
             the
             other
             hand
             ,
             if
             the
             party
             be
             dead
             to
             whom
             the
             Moneys
             are
             made
             payable
             ,
             and
             the
             Moneys
             are
             ready
             to
             be
             paid
             ,
             and
             there
             is
             no
             person
             that
             can
             legally
             give
             a
             discharge
             ;
             yet
             a
             protest
             ought
             not
             to
             go
             for
             not
             payment
             :
             The
             reason
             is
             ,
             because
             there
             is
             no
             person
             that
             
             hath
             any
             authority
             either
             in
             deed
             or
             in
             Law
             to
             make
             it
             ,
             and
             a
             Notary
             ought
             not
             to
             make
             it
             ;
             if
             he
             does
             ,
             and
             the
             party
             hath
             received
             any
             prejudice
             thereby
             ,
             an
             Action
             of
             the
             Case
             perhaps
             may
             lye
             against
             him
             for
             his
             pains
             :
             nor
             does
             it
             avail
             ,
             that
             if
             security
             be
             offered
             to
             save
             him
             harmless
             against
             the
             Executors
             or
             Administrators
             ,
             for
             that
             is
             an
             act
             left
             to
             his
             own
             discretion
             ;
             for
             perhaps
             the
             security
             may
             not
             be
             lik'd
             :
             but
             whether
             good
             or
             bad
             ,
             makes
             nothing
             as
             to
             oblige
             him
             in
             Law.
             
          
           
             But
             if
             a
             man
             is
             bound
             in
             a
             Bond
             to
             pay
             a
             sum
             of
             
             money
             to
             
               J.
               S.
            
             his
             Executors
             ,
             Administrators
             ,
             &c.
             and
             the
             Obligee
             dyes
             intestate
             the
             day
             before
             the
             sum
             becomes
             due
             ,
             yet
             the
             Bond
             is
             not
             forfeited
             if
             not
             paid
             at
             the
             day
             ,
             because
             there
             was
             no
             body
             to
             whom
             the
             Obligor
             could
             pay
             to
             save
             his
             Obligation
             :
             But
             as
             Littleton
             sayes
             ,
             if
             it
             be
             to
             pay
             to
             
               J.
               S.
            
             generally
             ,
             you
             must
             hunt
             him
             out
             all
             over
             the
             Kingdom
             ,
             if
             you
             'l
             save
             the
             penalty
             .
          
           
             XXXV
             .
             A
             man
             not
             found
             ,
             or
             being
             found
             not
             met
             withal
             either
             at
             home
             or
             the
             Exchange
             ,
             is
             cause
             sufficient
             for
             a
             protest
             ;
             but
             in
             that
             there
             must
             be
             diligence
             used
             in
             the
             finding
             him
             .
          
           
             A
             Bill
             returned
             protested
             for
             non-payment
             being
             once
             satisfied
             by
             the
             drawer
             to
             the
             deliverer
             ,
             the
             drawer
             is
             discharged
             and
             so
             is
             the
             Accepter
             to
             him
             to
             whom
             the
             Moneys
             were
             to
             be
             paid
             :
             but
             ,
             the
             Accepter
             by
             vertue
             of
             his
             acceptance
             makes
             himself
             a
             debtor
             
               secundum
               consuetudinem
               Mercatoriam
            
             to
             the
             drawer
             .
          
           
             XXXVI
             .
             Moneys
             may
             be
             had
             on
             Exchange
             by
             way
             of
             Letters
             of
             Credit
             ,
             the
             which
             are
             in
             two
             respects
             ,
             the
             first
             general
             ,
             the
             other
             especial
             .
          
           
             The
             general
             Letter
             is
             open
             directed
             ,
             
               To
               all
               Merchants
               and
               others
               that
               shall
               furnish
               my
               Servant
               or
               Factor
               ,
               or
               any
               other
               with
               such
               and
               such
               Moneys
            
             ;
             for
             repayment
             of
             which
             he
             binds
             himself
             to
             answer
             and
             pay
             all
             such
             Bills
             of
             Exchange
             as
             shall
             be
             drawn
             on
             him
             upon
             the
             receipt
             of
             the
             value
             ,
             by
             his
             Servant
             ,
             Factor
             or
             other
             person
             :
             If
             there
             be
             really
             Moneys
             advanced
             on
             this
             Letter
             of
             Credit
             and
             paid
             to
             the
             Factor
             ,
             Servant
             or
             other
             ,
             and
             Bills
             of
             Exchange
             are
             sent
             to
             the
             party
             that
             sent
             such
             Letter
             of
             Credit
             ,
             and
             if
             he
             refuses
             to
             accept
             ,
             yet
             according
             to
             the
             customes
             of
             Merchants
             he
             is
             bound
             to
             pay
             ;
             the
             reason
             is
             ,
             for
             there
             was
             no
             respect
             had
             to
             the
             ability
             of
             the
             taker
             up
             ,
             but
             to
             him
             that
             gave
             his
             Letters
             of
             Credit
             :
             and
             therefore
             in
             such
             case
             if
             an
             Action
             at
             Law
             be
             brought
             ,
             the
             particular
             custome
             as
             to
             that
             point
             must
             be
             carefully
             set
             forth
             .
          
           
             The
             special
             Letters
             of
             Credit
             ,
             where
             one
             writes
             a
             Letter
             to
             furnish
             another
             mans
             Factor
             or
             Agent
             ;
             and
             there
             is
             in
             this
             the
             same
             remedy
             as
             above
             .
          
           
           
             As
             Bills
             of
             Exchange
             seldome
             come
             without
             Letters
             of
             Advice
             ,
             so
             ought
             they
             to
             be
             pursued
             :
             If
             a
             Bill
             shall
             express
             ,
             
               And
               put
               it
               to
               the
               account
               of
               A
            
             ;
             and
             the
             Letter
             of
             Advice
             sayes
             B
             ;
             this
             must
             be
             protested
             against
             ,
             for
             it
             cannot
             safely
             be
             paid
             ;
             at
             least
             running
             the
             risque
             of
             an
             equitable
             Suit.
             
          
           
             XXXVII
             .
             If
             one
             payes
             money
             on
             a
             Bill
             before
             it
             be
             due
             and
             the
             party
             breaks
             ,
             it
             has
             been
             conceived
             that
             the
             party
             ought
             to
             answer
             the
             drawer
             :
             The
             reason
             hath
             been
             ,
             because
             the
             drawer
             might
             have
             countermanded
             the
             same
             ,
             or
             ordered
             the
             Bill
             to
             be
             made
             payable
             to
             another
             .
          
           
             In
             Italy
             if
             Money
             is
             paid
             to
             a
             Banker's
             Servant
             ,
             and
             if
             the
             Master
             subscribe
             ,
             
               Pagate
               com
               si
               dice
            
             ,
             this
             binds
             the
             Master
             as
             effectually
             as
             if
             he
             had
             subscribed
             it
             with
             his
             own
             hands
             .
          
           
             XXXVIII
             .
             A
             Bill
             drawn
             by
             a
             Merchant
             in
             London
             payable
             by
             another
             person
             beyond
             Seas
             ,
             such
             Bills
             in
             most
             Countreys
             are
             assignable
             over
             from
             Merchant
             to
             Merchant
             ,
             and
             the
             last
             person
             may
             sue
             and
             recover
             the
             same
             upon
             an
             acceptance
             :
             But
             in
             England
             onely
             the
             first
             person
             mentioned
             in
             the
             Bill
             ,
             and
             to
             whom
             the
             Money
             is
             made
             payable
             may
             recover
             .
             'T
             is
             true
             ,
             such
             person
             to
             whom
             the
             Money
             is
             made
             payable
             ,
             may
             for
             valuable
             consideration
             deliver
             this
             Bill
             to
             another
             person
             ,
             and
             he
             may
             endorse
             an
             Order
             on
             the
             back-side
             ;
             but
             if
             the
             party
             afterwards
             refuses
             payment
             of
             the
             same
             ,
             it
             may
             be
             sued
             in
             the
             parties
             name
             to
             whom
             the
             same
             was
             transferred
             ,
             laying
             the
             same
             by
             way
             of
             Custome
             .
          
        
         
           
           
             CHAP.
             XI
             .
             
               Of
               Moneys
            
             advanced
             by
             way
             of
             Bottomerie
             ,
             or
             
               Faenus
               Nauticum
            
             .
          
           
             
               
                 
                   I.
                   How
                   Commerce
                   is
                   made
                   equivalent
                   to
                   Natural
                   Community
                   .
                
                 
                   II.
                   Whether
                   Money
                   be
                   fit
                   onely
                   to
                   maintain
                   the
                   Trade
                   and
                   Credit
                   of
                   Vice.
                   
                
                 
                   III.
                   Whether
                   Abraham
                   chose
                   to
                   acquire
                   a
                   Property
                   by
                   Money
                   .
                
                 
                   IV.
                   Of
                   the
                   natural
                   and
                   instrumental
                   measure
                   of
                   the
                   value
                   of
                   things
                   .
                
                 
                   V.
                   How
                   Money
                   is
                   equal
                   to
                   all
                   things
                   .
                
                 
                   VI.
                   Money
                   is
                   for
                   buying
                   ,
                   and
                   hinders
                   not
                   but
                   helps
                   Permutation
                   .
                
                 
                   VII
                   .
                   Money
                   the
                   Instrument
                   of
                   Charity
                   and
                   Sacrifices
                   as
                   well
                   as
                   our
                   Necessities
                   .
                
                 
                   VIII
                   .
                   Of
                   the
                   difference
                   between
                   Moneys
                   advanced
                   to
                   be
                   used
                   in
                   Commerce
                   at
                   Land
                   ,
                   and
                   that
                   which
                   is
                   advanced
                   at
                   Sea.
                   
                
                 
                   IX
                   .
                   Of
                   Moneys
                   advanced
                   by
                   way
                   of
                   Bottomerie
                   when
                   the
                   Contract
                   hath
                   its
                   inception
                   .
                
                 
                   X.
                   Of
                   Moneys
                   sent
                   on
                   Shipboard
                   ,
                   and
                   the
                   Vessel
                   is
                   wreckt
                   ,
                   where
                   the
                   Lender
                   shall
                   bear
                   share
                   of
                   the
                   loss
                   ,
                   and
                   where
                   not
                   .
                
                 
                   XI
                   .
                   Of
                   Moneys
                   taken
                   up
                   by
                   the
                   Master
                   ,
                   where
                   the
                   same
                   shall
                   oblige
                   the
                   Owners
                   ,
                   and
                   where
                   not
                   .
                
                 
                   XII
                   .
                   The
                   derivation
                   and
                   institution
                   of
                   this
                   sort
                   of
                   Loan
                   ,
                   and
                   for
                   what
                   causes
                   .
                
                 
                   XIII
                   .
                   Of
                   the
                   several
                   wayes
                   of
                   taking
                   up
                   of
                   Moneys
                   by
                   way
                   of
                   Bottomerie
                   ,
                   real
                   and
                   feigned
                   .
                
                 
                   XIV
                   .
                   Moneys
                   so
                   advanced
                   ,
                   whether
                   gain
                   ought
                   to
                   be
                   bounded
                   ,
                   or
                   otherwise
                   left
                   to
                   the
                   will
                   of
                   the
                   Lender
                   .
                
                 
                   XV.
                   Of
                   
                     Usura
                     Maritima
                  
                   ,
                   how
                   reasonable
                   the
                   same
                   stands
                   at
                   this
                   day
                   .
                
                 
                   XVI
                   .
                   Of
                   Moneys
                   advanced
                   to
                   a
                   considerable
                   profit
                   called
                   usufruit
                   ,
                   being
                   both
                   honest
                   and
                   honourable
                   .
                
              
            
          
           
             I.
             MOney
             is
             one
             of
             those
             things
             which
             they
             who
             want
             ,
             want
             all
             other
             things
             but
             words
             to
             reproach
             their
             bad
             Fortune
             .
             But
             sometimes
             it
             is
             the
             policy
             even
             of
             Rags
             and
             Poverty
             it self
             to
             undervalue
             that
             which
             it
             cannot
             have
             ,
             and
             to
             convert
             that
             which
             it
             hath
             (
             though
             never
             so
             mean
             )
             into
             an
             esteem
             ;
             and
             then
             to
             lodge
             as
             much
             pride
             in
             a
             Tub
             ,
             as
             Alexander
             could
             in
             
             a
             Palace
             ,
             though
             it
             could
             not
             tempt
             him
             to
             a
             change
             of
             Condition
             .
          
           
             
               Nil
               habet
               infaelix
               paupertas
               durius
               in
               se
               ,
            
             
               Quam
               quod
               ridiculos
               homines
               facit
               —
            
          
           
             No
             wonder
             therefore
             ,
             seeing
             Rich
             men
             will
             be
             obstinate
             to
             hold
             to
             their
             advantages
             ,
             that
             deformed
             Poverty
             (
             which
             mixes
             with
             them
             in
             the
             same
             frame
             as
             a
             shadow
             to
             set
             off
             their
             Colours
             the
             better
             )
             would
             have
             the
             Rich
             to
             descend
             to
             them
             ;
             and
             that
             instead
             of
             setting
             out
             Moneys
             by
             way
             of
             
               Bottomery
               ,
               Usury
            
             and
             the
             like
             ,
             they
             would
             not
             have
             any
             such
             thing
             as
             money
             at
             all
             ,
             but
             would
             have
             all
             things
             reduced
             into
             a
             state
             as
             is
             afore
             mentioned
             .
             *
          
           
             It
             cannot
             be
             denyed
             ,
             but
             that
             we
             all
             live
             by
             the
             natural
             or
             intrinsique
             value
             of
             things
             ;
             but
             the
             way
             to
             come
             by
             them
             is
             by
             an
             Instrument
             of
             civil
             value
             ,
             which
             is
             Money
             ;
             instead
             of
             Community
             therefore
             we
             now
             have
             Commerce
             :
             which
             Commercium
             is
             nothing
             else
             but
             
               Communio
               mercium
            
             ;
             but
             Communion
             must
             needs
             be
             by
             the
             means
             of
             another
             thing
             that
             may
             bear
             equal
             proportion
             on
             both
             sides
             ,
             which
             is
             Money
             onely
             .
             But
             now
             let
             us
             hear
             and
             if
             possible
             satisfie
             the
             complaints
             that
             are
             made
             against
             it
             so
             impatiently
             .
          
           
             Where
             there
             is
             great
             Luxury
             ,
             there
             must
             be
             likewise
             great
             Industry
             to
             maintain
             it
             ,
             and
             therefore
             the
             Industry
             of
             this
             Civil
             State
             ,
             must
             be
             greater
             than
             that
             which
             is
             in
             the
             simple
             state
             of
             Nature
             :
             But
             what
             is
             there
             here
             too
             blame
             ,
             seeing
             Industry
             no
             more
             than
             Plenty
             is
             in
             it self
             a
             Sin
             ?
          
           
             II.
             It
             is
             the
             Answer
             of
             Envy
             or
             Ignorance
             ,
             
               Prima
               peregrinos
               obscaena
               pecunia
               mores
               —
               in●…ulit
               —
            
             Money
             is
             that
             (
             say
             they
             )
             which
             maintains
             the
             Trade
             and
             Credit
             of
             Vice
             ,
             if
             that
             were
             taken
             away
             ,
             we
             should
             look
             after
             nothing
             but
             necessaries
             ,
             which
             are
             virtuous
             ;
             it
             makes
             too
             nice
             inequalities
             and
             distances
             ,
             and
             is
             not
             significant
             enough
             in
             the
             best
             things
             :
             for
             all
             the
             Money
             in
             the
             World
             is
             not
             really
             worth
             one
             penny
             loaf
             ,
             which
             is
             convertible
             into
             our
             Natures
             and
             Substances
             ;
             it
             serves
             
             onely
             to
             assure
             Fortune
             ,
             but
             not
             Virtue
             ,
             it
             is
             accepted
             as
             the
             measure
             of
             all
             things
             Natural
             ,
             Moral
             ,
             and
             Divine
             :
             for
             Honour
             is
             nothing
             but
             ancient
             Riches
             *
             ,
             and
             in
             Morals
             ,
             
               Virtus
               post
               nummos
            
             ;
             This
             in
             Religion
             breeds
             that
             root
             of
             all
             Evil
             ,
             Covetousness
             :
             for
             in
             a
             simple
             state
             of
             Nature
             necessary
             things
             must
             needs
             be
             spent
             within
             a
             short
             time
             ,
             and
             the
             return
             of
             the
             Sun
             brings
             a
             new
             supply
             and
             a
             Treasure
             greater
             than
             the
             Indies
             ;
             Of
             which
             One
             †
             makes
             this
             Observation
             ,
             That
             it
             was
             got
             in
             blood
             ,
             sayles
             home
             in
             a
             Sea
             of
             blood
             ,
             and
             never
             rests
             till
             it
             be
             laid
             out
             in
             blood
             .
             This
             was
             that
             which
             was
             made
             the
             Price
             of
             Salvation
             ,
             even
             of
             the
             Blood
             of
             our
             Blessed
             Saviour
             ,
             30
             Pieces
             for
             that
             which
             was
             worth
             Thirty
             thousand
             Worlds
             ;
             but
             in
             the
             Religion
             of
             the
             first
             times
             ,
             
               Nullo
               violatus
               Jupiter
               auro
            
             ,
             as
             Juvenal
             hath
             it
             .
          
           
             And
             if
             this
             had
             not
             been
             brought
             into
             the
             World
             ,
             we
             should
             not
             have
             so
             much
             to
             discount
             for
             at
             the
             day
             of
             Judgment
             .
             Why
             therfore
             should
             that
             which
             is
             condemned
             to
             the
             obscurity
             of
             the
             Earth
             ,
             and
             lodg'd
             so
             near
             Hell
             ,
             now
             be
             made
             the
             price
             of
             all
             that
             which
             is
             above
             the
             Earth
             ,
             even
             a
             
               Solo
               usque
               Coelum
            
             ?
             Or
             why
             should
             we
             be
             excluded
             from
             the
             Gifts
             of
             Nature
             ,
             unless
             we
             have
             those
             of
             Fortune
             ?
             Is
             it
             not
             then
             more
             reasonable
             that
             Rich
             men
             lose
             this
             Instrument
             of
             Luxury
             ;
             than
             the
             Poor
             should
             lose
             the
             necessary
             means
             of
             their
             subsistence
             ?
             This
             is
             the
             Plea
             which
             is
             made
             
               in
               forma
               Pauperis
               ,
               Et
               de
               ipsa
               paupertate
               .
            
          
           
             Most
             certain
             it
             is
             ,
             that
             neither
             the
             stupid
             simplicity
             of
             the
             Woods
             ,
             nor
             Poverty
             it self
             are
             any
             part
             of
             Virtue
             ,
             and
             therefore
             are
             not
             reckoned
             Blessings
             ,
             as
             Riches
             were
             to
             Solomon
             ,
             (
             he
             who
             built
             Gods
             first
             Temple
             ,
             and
             put
             his
             Religion
             in
             lustre
             )
             and
             as
             they
             likewise
             were
             to
             Numa
             ,
             from
             whom
             Money
             was
             called
             Nummus
             :
             He
             likewise
             built
             the
             first
             Temple
             at
             Rome
             ,
             and
             kindled
             first
             the
             Vestal
             fire
             ,
             
               &
               ferocem
               populum
               deorum
               metu
               mitigavit
               .
            
          
           
             III.
             We
             know
             how
             God
             conversed
             with
             Abraham
             who
             was
             the
             first
             that
             had
             Money
             ,
             and
             made
             use
             of
             it
             to
             buy
             a
             Property
             :
             It
             is
             true
             ,
             they
             with
             whom
             he
             inhabited
             called
             him
             a
             Prince
             ,
             but
             that
             was
             no
             argument
             to
             
             him
             to
             disown
             their
             properties
             ,
             but
             for
             the
             contrary
             ,
             lest
             they
             should
             think
             that
             Dominion
             or
             a
             right
             to
             things
             was
             founded
             in
             grace
             .
          
           
             IV.
             But
             to
             come
             more
             close
             to
             the
             Question
             ,
             and
             to
             examine
             the
             reason
             and
             necessity
             of
             this
             measure
             ;
             Money
             is
             like
             a
             Law
             or
             Government
             ,
             which
             are
             all
             constituted
             by
             the
             same
             extream
             necessity
             ;
             therefore
             the
             counterfeiting
             or
             attempting
             to
             destroy
             any
             of
             these
             by
             private
             means
             is
             every
             where
             Treason
             .
             Now
             this
             measure
             is
             two-fold
             ,
             either
             Natural
             or
             Civil
             ,
             or
             rather
             natural
             ,
             and
             the
             Instrument
             which
             expresses
             the
             natural
             by
             equal
             Permutation
             :
             The
             natural
             measure
             is
             proportioned
             either
             by
             Want
             ,
             or
             Plenty
             ;
             In
             Want
             we
             consider
             whether
             the
             thing
             be
             useful
             or
             necessary
             ;
             things
             which
             are
             necessary
             are
             best
             ,
             but
             of
             least
             price
             ;
             as
             a
             Loaf
             of
             Bread
             is
             more
             necessary
             ,
             but
             infinitely
             cheaper
             than
             a
             Diamond
             .
             One
             man
             hath
             Cloathes
             ,
             another
             man
             hath
             Leather
             ;
             those
             two
             possibly
             have
             no
             need
             one
             of
             another
             ,
             and
             therefore
             there
             will
             be
             no
             Permutation
             betwixt
             them
             ;
             but
             if
             one
             had
             need
             of
             another
             ,
             then
             he
             who
             were
             most
             prest
             ,
             would
             come
             to
             the
             price
             of
             the
             other
             :
             And
             therefore
             Want
             or
             Plenty
             is
             the
             measure
             of
             estimating
             things
             ,
             and
             is
             the
             bond
             of
             Society
             ,
             whereby
             one
             man
             shews
             he
             is
             or
             may
             be
             useful
             to
             another
             ;
             and
             Nature
             hath
             so
             ordered
             it
             ,
             that
             no
             man
             is
             so
             Rich
             who
             hath
             not
             some
             need
             of
             the
             Poor
             ;
             and
             no
             man
             is
             so
             mean
             and
             abject
             ,
             but
             he
             may
             be
             some
             wayes
             useful
             to
             the
             Rich.
             
          
           
             V.
             The
             Civil
             Measure
             or
             rather
             Instrument
             whereby
             
             the
             Natural
             expresses
             it self
             ,
             is
             Money
             ,
             which
             hath
             but
             a
             feigned
             value
             ,
             and
             therefore
             it
             is
             sometimes
             higher
             and
             lower
             in
             esteem
             as
             men
             please
             ;
             which
             could
             not
             be
             ,
             if
             its
             value
             were
             natural
             which
             is
             unalterable
             .
             If
             I
             have
             Cloath
             at
             such
             a
             price
             ,
             and
             you
             have
             Wines
             at
             the
             same
             price
             ,
             then
             we
             regarding
             the
             same
             price
             may
             make
             an
             equal
             Permutation
             :
             Or
             if
             I
             give
             to
             you
             so
             many
             pieces
             of
             Gold
             for
             your
             Cloath
             at
             the
             same
             price
             ,
             the
             Sale
             is
             equal
             again
             ,
             whether
             it
             be
             an
             incovenience
             that
             in
             some
             Countries
             †
             is
             sometimes
             at
             a
             higheer
             value
             than
             at
             another
             ,
             is
             not
             a
             consideration
             of
             this
             Discourse
             ;
             for
             
             the
             price
             of
             things
             themselves
             change
             more
             than
             any
             Money
             doth
             daily
             .
          
           
             VI.
             Money
             is
             an
             invention
             onely
             for
             the
             more
             expedite
             Permutation
             of
             things
             ;
             but
             it
             doth
             not
             follow
             that
             men
             may
             '
             not
             make
             any
             Permutations
             but
             by
             Money
             ,
             even
             as
             well
             now
             as
             if
             we
             were
             in
             our
             natural
             state
             ;
             if
             they
             who
             digg
             now
             in
             waste
             Hills
             had
             their
             Harvest
             of
             their
             Beans
             well
             gathered
             in
             ,
             but
             had
             need
             of
             Wine
             for
             the
             Stomachs
             sake
             ,
             or
             of
             Druggs
             for
             healths
             sake
             ,
             if
             the
             Vintner
             ,
             or
             Apothecary
             have
             no
             need
             of
             Beans
             ;
             what
             use
             will
             they
             make
             of
             the
             natuaal
             value
             of
             their
             Beans
             without
             Money
             ?
             Or
             if
             need
             be
             ,
             what
             would
             they
             do
             till
             their
             Beans
             are
             gathered
             ?
             Money
             therefore
             hinders
             not
             Permutation
             and
             Commerce
             of
             natural
             things
             ,
             but
             assists
             them
             ;
             nay
             ,
             it
             is
             therefore
             an
             Instrument
             of
             Instruments
             :
             for
             he
             who
             hath
             Money
             may
             buy
             things
             which
             he
             need
             not
             use
             but
             sell
             ,
             thereby
             to
             get
             other
             things
             afterwards
             for
             his
             use
             .
             There
             is
             no
             Nation
             or
             People
             so
             barbarous
             ,
             but
             have
             Money
             or
             a
             publique
             Instrument
             of
             Permutation
             either
             in
             Metals
             or
             Fish-bones
             ,
             &c.
             for
             it
             imports
             not
             so
             much
             of
             what
             matter
             it
             is
             ,
             provided
             it
             be
             durable
             ,
             not
             counterfeitable
             ,
             and
             difficult
             to
             come
             by
             .
          
           
             VII
             .
             Take
             away
             this
             fungible
             Instrument
             from
             the
             service
             of
             our
             necessities
             ,
             and
             how
             shall
             we
             exercise
             our
             Charity
             ,
             which
             is
             a
             branch
             of
             Religion
             and
             Justice
             ,
             as
             well
             as
             of
             humanity
             ?
             He
             who
             goes
             to
             Church
             passeth
             as
             it
             were
             thorough
             two
             Temples
             ,
             the
             Poor
             at
             the
             Porch
             ,
             and
             the
             Temple
             it self
             :
             and
             the
             giving
             at
             the
             Porch
             is
             called
             Sacrifice
             ,
             Offering
             and
             Gift
             ,
             as
             well
             as
             that
             at
             the
             Altar
             .
             God
             would
             be
             sacrificed
             to
             onely
             in
             one
             Town
             of
             the
             World
             ,
             Jerusalem
             :
             But
             could
             that
             
             have
             been
             ,
             if
             Money
             and
             Money-changers
             had
             not
             been
             allowed
             ?
             How
             could
             they
             who
             came
             from
             such
             remote
             places
             have
             by
             any
             other
             means
             brought
             their
             Oxen
             ,
             Calves
             ,
             Goats
             and
             Doves
             to
             the
             Altar
             ?
             If
             there
             were
             nothing
             further
             to
             shew
             ,
             but
             that
             one
             piece
             ,
             which
             our
             Saviour
             himself
             coyned
             miraculously
             in
             the
             mouth
             of
             a
             Fish
             ,
             it
             were
             Argument
             sufficient
             that
             the
             use
             
             of
             Money
             may
             be
             both
             good
             ,
             just
             ,
             and
             necessary
             .
          
           
             VIII
             .
             Things
             being
             thus
             stated
             ,
             and
             that
             Money
             is
             both
             good
             ,
             just
             and
             necessary
             ,
             it
             will
             be
             demanded
             loudly
             ,
             That
             admitting
             a
             reasonable
             advantage
             may
             be
             made
             by
             way
             of
             Usury
             ,
             
               quo
               jure
            
             it
             is
             that
             an
             advantage
             upon
             the
             same
             more
             than
             what
             the
             Law
             allowes
             ,
             is
             taken
             ?
          
           
             The
             distinction
             is
             great
             between
             Moneys
             lent
             to
             be
             
             used
             in
             Commerce
             at
             Land
             ,
             and
             that
             which
             is
             advanced
             to
             Sea.
             In
             the
             first
             ,
             the
             Lawes
             of
             the
             Realm
             have
             set
             marks
             to
             govern
             the
             same
             ,
             whereby
             the
             Avaritious
             mind
             is
             limited
             to
             a
             reasonable
             profit
             ;
             The
             reason
             of
             that
             is
             ,
             because
             the
             Lender
             runs
             none
             ,
             but
             the
             borrower
             all
             the
             hazard
             whatever
             that
             money
             brings
             forth
             .
             But
             money
             lent
             to
             Sea
             ,
             or
             that
             which
             is
             called
             pecunia
             †
             trajectitia
             ,
             there
             the
             same
             is
             advanced
             on
             the
             hazard
             of
             the
             Lender
             ,
             to
             carry
             (
             as
             is
             supposed
             )
             over
             Sea
             ,
             so
             that
             if
             the
             Ship
             perishes
             ,
             or
             a
             spoliation
             of
             all
             happens
             ,
             the
             Lender
             shares
             in
             the
             loss
             without
             any
             hopes
             of
             ever
             receiving
             his
             Moneys
             ;
             and
             therefore
             is
             called
             sometimes
             
               usura
               Maritima
            
             ,
             as
             well
             as
             
               Faenus
               Nauticum
            
             ;
             the
             advantage
             accrewing
             to
             the
             Owners
             from
             their
             Money
             ,
             arising
             not
             from
             the
             loan
             ,
             but
             from
             the
             hazard
             ,
             which
             the
             Lender
             runs
             ;
             the
             which
             is
             commonly
             reduced
             to
             a
             time
             certain
             ,
             or
             one
             or
             more
             Voyages
             ,
             according
             to
             their
             several
             and
             respective
             agreements
             .
          
           
             IX
             .
             If
             the
             Bonds
             be
             sealed
             and
             the
             money
             is
             advanced
             ,
             if
             the
             Ship
             happens
             to
             miscarry
             by
             Storm
             ,
             Fire
             ,
             Enemy
             ,
             or
             any
             otherwise
             before
             the
             Voyage
             begun
             ,
             then
             the
             borrower
             runs
             the
             Risque
             ,
             unless
             it
             be
             otherwise
             provided
             generally
             ,
             as
             that
             if
             such
             a
             Ship
             shall
             not
             arrive
             at
             such
             
             a
             place
             at
             such
             a
             time
             ,
             &c.
             there
             the
             Contract
             hath
             its
             inception
             from
             the
             sealing
             ;
             but
             if
             the
             Condition
             be
             ,
             That
             if
             such
             a
             Ship
             shall
             sayl
             from
             London
             to
             Amsterdam
             ,
             and
             shall
             not
             arrive
             there
             ,
             &c.
             then
             ,
             &c.
             
             There
             the
             contingency
             begins
             not
             till
             the
             departure
             .
             Yet
             it
             has
             been
             conceived
             ,
             That
             if
             the
             Master
             takes
             up
             Money
             accordingly
             and
             buyes
             in
             a
             lawful
             Lading
             ,
             but
             will
             happen
             
             to
             endeavour
             to
             defraud
             the
             Prince
             or
             State
             of
             their
             Customes
             ,
             and
             puts
             such
             Goods
             aboard
             by
             means
             whereof
             
             he
             has
             incurred
             a
             forfeiture
             of
             his
             Ship
             ;
             in
             such
             case
             the
             Lender
             is
             not
             obliged
             to
             such
             Hazard
             .
          
           
             X.
             If
             money
             be
             lent
             on
             Shipboard
             by
             a
             Merchant
             
               super
               Cargoe
            
             or
             a
             passenger
             ,
             and
             before
             the
             day
             of
             payment
             the
             Ship
             happens
             to
             be
             wreckt
             or
             cast
             away
             ;
             if
             there
             be
             such
             a
             Saver
             as
             will
             admit
             a
             Contribution
             ,
             then
             the
             party
             is
             not
             to
             have
             his
             whole
             money
             ,
             but
             is
             to
             come
             into
             the
             Averldge
             :
             but
             if
             the
             time
             of
             payment
             were
             
             past
             before
             the
             misfortune
             happened
             ,
             then
             the
             Lender
             must
             be
             repaid
             his
             whole
             Money
             free
             from
             Contribution
             .
          
           
             And
             therefore
             by
             the
             Laws
             Maritime
             ,
             if
             the
             borrower
             detains
             any
             such
             lent
             Moneys
             beyond
             the
             term
             appointed
             for
             the
             repaying
             ,
             he
             shall
             at
             his
             return
             not
             only
             pay
             the
             profit
             agreed
             on
             before
             the
             Voyage
             ,
             but
             also
             augment
             the
             same
             according
             to
             the
             time
             that
             hath
             
             accrued
             since
             the
             day
             of
             payment
             .
          
           
             XI
             .
             A
             Master
             of
             a
             Ship
             hath
             no
             power
             to
             take
             up
             Money
             by
             Bottomreie
             ,
             in
             places
             where
             his
             Owner
             or
             Owners
             dwell
             ,
             unless
             it
             were
             for
             so
             much
             only
             as
             his
             part
             cometh
             unto
             in
             the
             said
             Ship
             :
             otherwise
             he
             *
             and
             his
             Estate
             must
             stand
             liable
             to
             answer
             the
             same
             .
             But
             when
             a
             Master
             is
             out
             of
             the
             Countrey
             ,
             and
             where
             he
             hath
             no
             Owners
             ,
             nor
             any
             Goods
             of
             theirs
             nor
             of
             his
             
             own
             ,
             and
             cannot
             find
             means
             to
             take
             up
             by
             Exchange
             or
             otherwise
             ,
             and
             that
             for
             want
             of
             money
             the
             Voyage
             might
             be
             retarded
             or
             overthrown
             ,
             Moneys
             may
             be
             taken
             up
             upon
             Bottomerie
             ,
             and
             all
             the
             Owners
             are
             liable
             thereunto
             ;
             otherwise
             he
             shall
             bear
             the
             loss
             ,
             that
             is
             ,
             the
             Owners
             are
             liable
             by
             their
             Vessel
             ,
             though
             the
             money
             is
             not
             so
             employed
             in
             truth
             ;
             and
             the
             Owners
             have
             their
             remedy
             against
             him
             who
             they
             put
             in
             trust
             :
             but
             the
             persons
             of
             the
             Owners
             are
             no
             wayes
             made
             lyable
             by
             the
             act
             of
             the
             Master
             for
             moneys
             taken
             up
             .
             
          
           
             If
             Owners
             agree
             not
             in
             setting
             out
             the
             Ship
             ,
             most
             voices
             shall
             carry
             it
             ,
             and
             then
             money
             may
             be
             taken
             up
             
             for
             their
             part
             by
             Bottomerie
             ,
             or
             
               Faenus
               Nauticum
            
             ,
             or
             by
             Hypothicating
             such
             a
             proportion
             of
             the
             Ship.
             
          
           
             Many
             Masters
             of
             Ships
             having
             Ensured
             or
             taken
             up
             Moneys
             upon
             Bottomerie
             to
             greater
             Sums
             of
             Money
             than
             the
             value
             of
             their
             Adventure
             ,
             do
             wilfully
             cast
             away
             ,
             
             burn
             or
             otherwise
             destroy
             the
             Ships
             under
             their
             charge
             ,
             the
             same
             was
             made
             Felony
             ,
             and
             the
             person
             or
             person
             so
             wilfully
             doing
             or
             procuring
             the
             same
             to
             be
             done
             ,
             were
             to
             suffer
             death
             .
          
           
             XII
             .
             The
             signification
             of
             this
             
               Faenus
               Nauticum
            
             ,
             is
             by
             the
             Dutch
             called
             
               Bomerie
               ,
               Bodmerie
               ,
               Bodemerie
               ,
               Boddemerij
            
             ;
             so
             variously
             pronounced
             from
             the
             Keel
             *
             or
             bottom
             of
             the
             Ship
             upon
             the
             parallel
             ,
             whereof
             the
             Rudder
             of
             a
             Ship
             doth
             Govern
             and
             direct
             the
             same
             ,
             
               parte
               pro
               toto
               sumpta
               ,
               ita
               primum
               appellata
               ,
               cum
               etiam
               Lingua
               Gallorum
               antiqua
               &
               Britanica
               Bodo
               vel
               Bodun
               fundum
               aut
               profundum
               signet
            
             †
             
               in
               quem
               navis
               fundum
               ,
               vel
               ipsam
               navem
               ejusque
               usum
               mutuo
               accepta
               est
               pecunia
               ,
               sed
               postea
               latius
               pro
               faenore
               nautico
               etiam
               usurpari
               caepit
               .
            
             And
             the
             Money
             so
             taken
             up
             by
             the
             Master
             is
             done
             upon
             great
             extremity
             ,
             and
             that
             for
             the
             compleating
             of
             the
             Voyage
             
             when
             they
             are
             in
             distress
             and
             want
             in
             some
             Forreign
             parts
             ;
             and
             indeed
             such
             taking
             up
             is
             indeed
             in
             the
             nature
             of
             Mortgaging
             the
             Ship
             ,
             for
             
               le
               Neife
               oblige
               al
               payment
               de
               ceo
               ,
               &c.
               
            
             And
             in
             the
             Instrument
             there
             is
             a
             Clause
             that
             expresses
             that
             the
             Ship
             is
             engaged
             for
             the
             performance
             of
             the
             same
             .
          
           
             Moneys
             that
             are
             advanced
             are
             upon
             two
             Securities
             ,
             the
             one
             is
             on
             the
             bare
             Ship
             ,
             the
             other
             upon
             the
             person
             of
             the
             Borrower
             ,
             sometimes
             upon
             both
             :
             The
             first
             is
             where
             a
             man
             takes
             up
             Moneys
             and
             obliges
             himself
             ,
             that
             if
             such
             a
             Ship
             shall
             arrive
             at
             such
             a
             Port
             ,
             then
             to
             repay
             (
             perhaps
             )
             double
             the
             sum
             lent
             ;
             but
             if
             the
             Ship
             happens
             to
             miscarry
             ,
             then
             nothing
             .
          
           
             XIII
             .
             So
             likewise
             some
             will
             take
             up
             Moneys
             ,
             the
             condition
             reciting
             ,
             Whereas
             there
             is
             such
             a
             Ship
             ,
             naming
             her
             ,
             bound
             to
             Amsterdam
             ,
             whereas
             such
             a
             man
             is
             Master
             ,
             (
             whereas
             indeed
             there
             is
             no
             such
             Ship
             or
             Master
             in
             nature
             )
             
             that
             if
             that
             Ship
             shall
             not
             arrive
             at
             such
             a
             place
             within
             12
             months
             ,
             the
             money
             agreed
             on
             to
             be
             paid
             shall
             be
             paid
             ;
             but
             if
             the
             Ship
             shall
             arrive
             ,
             then
             nothing
             .
             The
             first
             of
             these
             is
             honourable
             and
             just
             according
             to
             the
             laudable
             practice
             among
             Maritime
             persons
             ;
             and
             though
             the
             advantage
             runs
             high
             ,
             as
             20
             ,
             30
             ,
             nay
             sometimes
             40
             
               per
               Cent.
            
             without
             consideration
             of
             time
             ;
             for
             the
             Moneyes
             are
             to
             be
             paid
             within
             so
             many
             dayes
             after
             
             the
             Ships
             safe
             arrival
             ;
             yet
             in
             regard
             the
             Adventure
             is
             born
             by
             the
             Lender
             ,
             (
             for
             if
             the
             Ship
             perishes
             ,
             the
             advancer
             loses
             )
             the
             Lawes
             and
             Practice
             of
             all
             Maritime
             Countries
             allow
             of
             the
             same
             .
             And
             therefore
             by
             the
             
               Common
               Law
            
             ,
             if
             an
             Action
             of
             Debt
             be
             brought
             on
             such
             an
             Instrument
             ,
             the
             Defendant
             cannot
             plead
             the
             Statute
             
             of
             Usury
             .
             And
             so
             it
             was
             adjudged
             where
             one
             Sharpley
             had
             brought
             an
             Action
             of
             Debt
             on
             a
             Bond
             for
             Moneys
             taken
             up
             upon
             Bottomery
             ;
             The
             Defendant
             pleads
             the
             
               Statute
               of
               Usury
            
             ,
             and
             shewed
             ,
             that
             a
             certain
             Ship
             called
             the
             made
             a
             Voyage
             to
             Fish
             in
             
               New-found
               Land
            
             (
             which
             Journey
             might
             be
             performed
             in
             eight
             months
             )
             and
             the
             Plaintiff
             delivered
             50
             l.
             to
             the
             Defendant
             to
             pay
             60
             l.
             at
             the
             return
             of
             the
             Ship
             to
             D
             ,
             and
             if
             the
             said
             Ship
             by
             Leakage
             or
             Tempest
             should
             not
             return
             from
             Newfound-Land
             to
             D
             ,
             then
             the
             Defendent
             should
             pay
             the
             principal
             money
             ;
             and
             if
             the
             Ship
             never
             returned
             ,
             then
             nothing
             to
             be
             paid
             .
             Upon
             *
             Demurrer
             it
             was
             adjudged
             the
             same
             was
             not
             Usury
             :
             for
             if
             the
             Ship
             had
             stayed
             at
             Newfound-Land
             2.
             or
             3.
             years
             ,
             yet
             at
             her
             return
             but
             60
             l.
             was
             to
             be
             paid
             ,
             and
             if
             she
             never
             returned
             ,
             then
             nothing
             .
             
          
           
             The
             other
             advance
             which
             is
             upon
             a
             fictitious
             supposition
             of
             a
             Ship
             and
             Master
             ,
             where
             indeed
             there
             is
             no
             such
             in
             Nature
             ,
             is
             more
             unconscionable
             ,
             the
             same
             being
             the
             common
             practice
             that
             's
             used
             amongst
             the
             Italians
             ,
             and
             now
             on
             this
             side
             the
             Water
             :
             The
             same
             is
             as
             
             to
             internal
             Right
             unjust
             ,
             and
             cannot
             now
             be
             determined
             ,
             since
             it
             was
             not
             long
             since
             adjudged
             *
             that
             such
             Contract
             was
             good
             ,
             according
             to
             the
             
               Common
               Law
            
             of
             this
             Realm
             ,
             and
             that
             on
             a
             Special
             Verdict
             .
          
           
             XIV
             .
             Most
             certain
             it
             is
             ,
             that
             the
             greater
             the
             danger
             is
             ,
             if
             there
             be
             a
             real
             adventure
             ,
             the
             greater
             may
             the
             profit
             be
             of
             the
             Moneys
             advanced
             :
             *
             And
             so
             hath
             the
             
             same
             been
             the
             Opinion
             of
             Civilians
             ,
             and
             likewise
             some
             Divines
             ;
             though
             some
             seem
             to
             be
             of
             opinion
             ,
             That
             any
             profit
             or
             advantage
             ought
             to
             be
             made
             of
             Moneys
             so
             lent
             ,
             no
             more
             than
             of
             those
             that
             are
             advanced
             on
             simple
             loan
             ,
             and
             on
             the
             peril
             of
             the
             borrower
             .
             However
             ,
             all
             or
             most
             of
             the
             Trading
             Nations
             of
             Christendome
             do
             at
             this
             day
             allow
             of
             the
             same
             ,
             as
             a
             matter
             most
             reasonable
             ,
             by
             reason
             of
             the
             contingency
             or
             hazard
             that
             the
             Lender
             runs
             ;
             and
             therefore
             such
             Moneys
             may
             be
             advanced
             several
             wayes
             ,
             and
             a
             profit
             may
             arise
             so
             that
             there
             runs
             a
             peril
             on
             the
             Lender
             .
             
          
           
             There
             is
             likewise
             a
             second
             way
             of
             advancing
             of
             Moneys
             called
             
               Usura
               Maritima
            
             ,
             joyning
             the
             advanced
             moneys
             and
             the
             danger
             of
             the
             Sea
             together
             ;
             And
             this
             is
             obliging
             sometimes
             upon
             the
             Borrower's
             Ship
             ,
             Goods
             and
             Person
             :
             The
             produce
             of
             which
             by
             agreement
             will
             advance
             sometimes
             20
             ,
             30
             ,
             and
             sometimes
             40.
             
               per
               Cent.
            
             As
             for
             Instance
             ,
             A
             private
             Gentleman
             has
             1000
             l.
             ready
             money
             lying
             by
             him
             ,
             and
             he
             has
             notice
             of
             an
             Ingenious
             Merchant
             that
             has
             good
             Credit
             beyond
             Seas
             ,
             and
             understands
             his
             business
             fully
             ,
             applyes
             himself
             to
             him
             ,
             and
             offers
             him
             1000
             l.
             to
             be
             laid
             out
             in
             such
             Commodities
             as
             the
             Merchant
             shall
             think
             convenient
             for
             that
             Port
             or
             Countrey
             the
             Borrower
             designs
             for
             ,
             and
             that
             he
             will
             bear
             the
             adventure
             of
             that
             Money
             during
             all
             that
             Voyage
             ;
             (
             which
             he
             knowes
             may
             be
             accomplished
             within
             a
             year
             )
             hereupon
             the
             Contract
             is
             agreed
             upon
             ,
             6
             per
             
             Cent
             ,
             is
             accounted
             for
             the
             Interest
             ,
             and
             12
             
               per
               Cent.
            
             for
             
             the
             Adventure
             outwards
             ,
             and
             12
             
               per
               Cent.
            
             for
             the
             goods
             homeward
             ;
             so
             that
             upon
             the
             return
             the
             Lender
             receives
             30
             
               per
               Cent.
            
             which
             amounts
             to
             1300
             l.
             The
             Lender
             in
             this
             case
             hath
             a
             good
             bargain
             ,
             no
             question
             .
             Now
             let
             us
             see
             what
             advantage
             the
             Borrower
             hath
             .
          
           
             1.
             
             The
             Borrower
             prevents
             the
             taking
             up
             the
             like
             Sum
             at
             Interest
             which
             comes
             to
             6.
             
               per
               Cent
            
             ,
             and
             Brocage
             which
             comes
             now
             in
             this
             Age
             thorough
             the
             generosity
             of
             the
             Merchant
             ,
             and
             Covetousness
             of
             the
             Serivener
             ,
             at
             1.
             or
             2.
             
               per
               Cent.
            
             more
             ;
             and
             then
             the
             same
             is
             let
             out
             but
             for
             6.
             months
             ,
             and
             then
             the
             Scrivener
             inevitably
             at
             the
             6.
             months
             end
             sends
             his
             Note
             ,
             that
             his
             Friend
             expects
             his
             Moneys
             to
             be
             yaid
             in
             ;
             so
             that
             to
             stop
             that
             gapp
             there
             must
             be
             Continuation
             ,
             which
             is
             at
             least
             one
             
               per
               Cent.
            
             more
             ,
             besides
             the
             obliging
             of
             Friends
             in
             Securities
             .
          
           
             2.
             
             The
             Assurance
             prevented
             ,
             which
             perhaps
             may
             come
             to
             between
             5
             and
             20
             
               per
               Cent.
            
             according
             as
             the
             Times
             are
             ;
             and
             common
             prudence
             will
             never
             suffer
             a
             Merchant
             to
             venture
             2.
             parts
             of
             3.
             parts
             of
             his
             Estate
             in
             one
             Bottome
             without
             assuring
             .
          
           
             3.
             
             As
             he
             shall
             not
             have
             occasion
             to
             Ensure
             ,
             so
             it
             may
             be
             a
             great
             occasion
             of
             preventing
             the
             common
             Obligation
             of
             his
             Ensuring
             of
             others
             ;
             the
             which
             in
             a
             generous
             Merchant
             in
             honour
             cannot
             be
             denyed
             ,
             the
             Premeo
             running
             pretty
             reasonable
             .
          
           
             4.
             
             It
             prevents
             the
             parties
             running
             the
             Risque
             and
             danger
             of
             the
             Seas
             ,
             Enemies
             ,
             or
             any
             other
             fatal
             loss
             ,
             and
             hath
             been
             a
             means
             to
             introduce
             a
             mans
             credit
             in
             a
             short
             time
             at
             lesser
             charge
             ,
             if
             not
             to
             put
             him
             in
             in
             a
             Condition
             not
             to
             be
             beholding
             to
             such
             a
             fair
             ,
             though
             chargeable
             means
             .
          
           
             And
             this
             cannot
             be
             Usury
             by
             the
             Lawes
             of
             this
             Realm
             ,
             for
             the
             Risque
             and
             Danger
             that
             the
             Lender
             runs
             .
          
           
           
             VI.
             There
             is
             also
             another
             way
             ,
             but
             that
             is
             both
             Honest
             and
             Honourable
             ,
             called
             Usufruite
             ,
             that
             is
             a
             Stock
             in
             a
             Company
             or
             Society
             which
             is
             perpetual
             ;
             
             such
             a
             Stock
             or
             Portion
             may
             be
             purchas'd
             ,
             that
             is
             ,
             the
             advantage
             or
             benefit
             arising
             by
             the
             improvement
             of
             the
             same
             .
          
           
             As
             for
             Instance
             ,
             The
             East-India
             Company
             hath
             a
             Stock
             lodged
             in
             their
             hands
             by
             divers
             persons
             ,
             which
             they
             in
             the
             most
             prudent'st
             manner
             as
             they
             see
             fit
             ,
             imploy
             to
             those
             places
             as
             they
             judge
             most
             proper
             ;
             if
             a
             return
             is
             made
             ,
             the
             advantage
             of
             that
             is
             distributed
             ●…o
             each
             person
             that
             is
             any
             way
             entitled
             to
             that
             Stock
             :
             which
             advantage
             is
             called
             a
             Divident
             ,
             and
             perhaps
             may
             afford
             some
             years
             20
             or
             30
             
               per
               Cent.
            
             :
             But
             on
             the
             other
             hand
             ;
             if
             that
             that
             proportion
             of
             the
             Stock
             which
             goes
             out
             happens
             to
             miscarry
             ,
             the
             abatement
             is
             proportionable
             ,
             and
             so
             the
             Stock
             may
             be
             lessened
             ,
             unless
             that
             they
             will
             stay
             the
             Dividents
             to
             keep
             the
             Stock
             ;
             the
             which
             they
             may
             do
             ,
             
               For
               it
               is
               a
               Trust
               reposed
               of
               so
               many
               mens
               Moneys
               in
               their
               hands
               ,
               to
               yield
               them
               such
               advantage
               as
               they
               shall
               upon
               a
               just
               account
               set
               out
               :
            
             So
             that
             if
             a
             man
             hath
             a
             
             1000
             l.
             Stock
             ,
             he
             cannot
             take
             the
             same
             out
             of
             the
             Great
             Stock
             whereby
             to
             lessen
             the
             same
             ,
             but
             he
             may
             transfer
             that
             usu-fruite
             by
             that
             Customary
             way
             which
             they
             have
             to
             any
             other
             person
             ,
             for
             a
             valuable
             consideration
             infinitum
             .
             Such
             a
             Stock
             of
             100
             l.
             in
             the
             East-India
             Company
             in
             time
             of
             Warr
             might
             have
             been
             purchas'd
             for
             80
             l.
             Nett
             ;
             but
             now
             in
             time
             of
             Peace
             scarce
             got
             under
             170
             ;
             or
             180
             l.
             the
             Dividents
             running
             high
             .
          
        
         
           
           
             CHAP.
             XII
             .
             
               Of
               Impositions
            
             called
             
               Great
               Customes
               ,
               Petty
               Customes
               ,
               and
               Subsidies
               .
            
          
           
             
               
                 
                   I.
                   Impositions
                   ,
                   whether
                   they
                   may
                   be
                   commanded
                   without
                   the
                   Three
                   Estates
                   ,
                   and
                   of
                   
                     Magna
                     Charta
                  
                   touching
                   the
                   same
                   .
                
                 
                   II.
                   Of
                   Impositions
                   made
                   voluntary
                   by
                   consent
                   of
                   Merchants
                   ,
                   and
                   of
                   the
                   adnull
                   of
                   the
                   same
                   .
                
                 
                   III.
                   Of
                   the
                   Confirmation
                   of
                   the
                   Great
                   Charter
                   for
                   free
                   Traffique
                   ;
                   and
                   of
                   the
                   Settlement
                   now
                   made
                   on
                   his
                   Majesty
                   of
                   the
                   same
                   .
                
                 
                   IV.
                   Of
                   the
                   Immunities
                   formerly
                   of
                   the
                   Hansiatique
                   Towns
                   here
                   in
                   England
                   ,
                   and
                   when
                   determined
                   .
                
                 
                   V.
                   Of
                   the
                   Antiquity
                   of
                   Customers
                   or
                   Publicans
                   as
                   well
                   in
                   former
                   Ages
                   as
                   at
                   this
                   present
                   time
                   ,
                   in
                   most
                   Nations
                   .
                
                 
                   VI.
                   Of
                   the
                   Imposition
                   called
                   
                     Magna
                     Custuma
                  
                   .
                
                 
                   VII
                   .
                   Of
                   that
                   which
                   is
                   called
                   
                     Parva
                     Custuma
                  
                   payable
                   by
                   strangers
                   ,
                   and
                   the
                   Act
                   called
                   commonly
                   
                     Carta
                     Mercatoria
                  
                   .
                
                 
                   VIII
                   .
                   Of
                   Subsidy
                   ,
                   and
                   of
                   what
                   ,
                   and
                   the
                   Rates
                   how
                   set
                   .
                
                 
                   IX
                   .
                   Of
                   Subsidy
                   by
                   Strangers
                   on
                   wines
                   .
                
                 
                   X.
                   Of
                   Goods
                   not
                   rated
                   how
                   to
                   pay
                   .
                
                 
                   XI
                   .
                   Of
                   the
                   Subsidy-Duty
                   for
                   Cloaths
                   .
                
              
            
          
           
             I.
             THat
             Impositions
             neither
             in
             the
             time
             of
             Warr
             or
             other
             the
             greatest
             necessity
             or
             occasion
             that
             may
             be
             ,
             (
             much
             less
             in
             the
             time
             of
             Peace
             )
             neither
             upon
             Forraign
             nor
             Inland
             Commodities
             of
             what
             nature
             soever
             ,
             be
             they
             never
             so
             superfluous
             or
             unnecessary
             ,
             neither
             upon
             Merchants
             Strangers
             nor
             Denizens
             may
             be
             laid
             by
             the
             King
             's
             absolute
             Power
             without
             Assent
             of
             Parliament
             ,
             be
             it
             never
             so
             short
             a
             time
             .
          
           
             By
             the
             Statute
             of
             
               Magna
               Charta
               ,
               Cap.
            
             30.
             the
             words
             are
             ,
             
               All
               Merchants
               if
               they
               were
               not
               openly
               prohibited
               before
               shall
               have
               their
               safe
               and
               sure
               Conducts
               ,
               to
               enter
               and
               depart
               ,
               to
               go
               and
               tarry
               in
               the
               Realm
               ,
               as
               well
               by
               Land
               as
               by
               Water
               ,
               to
               buy
               and
               sell
               without
               any
               Evil
               Tolls
               ,
               by
               the
               Old
               and
               Rightful
               Customes
               (
               except
               in
               the
               time
               of
               Warr
               )
               ;
               and
               if
               they
               be
               of
               the
               Land
               making
               Warr
               against
               Us
               ,
               and
               be
               found
               in
               Our
               Realm
               at
               the
               beginning
               of
               the
               Warr
               ,
               they
               shall
               be
            
             
             
               attached
               without
               harm
               of
               Body
               or
               Goods
               ,
               untill
               it
               be
               known
               to
               Us
               or
               Our
               Justices
               how
               our
               Merchants
               be
               intreated
               there
               in
               the
               Land
               making
               Warr
               against
               Us.
            
             The
             Statute
             of
             which
             this
             is
             a
             branch
             ,
             is
             the
             most
             ancient'st
             Statute
             Law
             we
             have
             ,
             won
             and
             sealed
             with
             the
             Blood
             of
             our
             Ancestors
             ,
             and
             so
             reverenced
             in
             former
             times
             ,
             that
             it
             hath
             been
             29
             times
             solemnly
             confirmed
             in
             Parliament
             .
          
           
             II.
             Impositions
             were
             in
             some
             sort
             done
             
               Consensu
               Mercatorium
            
             ,
             by
             Edward
             the
             First
             ,
             and
             Edward
             the
             Third
             :
             And
             again
             in
             Henry
             the
             Eighth
             ,
             of
             which
             the
             House
             of
             
             Burgundy
             complained
             ,
             as
             against
             the
             Treaty
             of
             Entercourse
             .
          
           
             King
             Henry
             the
             Third
             finding
             that
             such
             a
             Modus
             of
             Imposition
             tended
             to
             the
             destruction
             of
             Trade
             ,
             and
             apparent
             overthrow
             of
             Commerce
             ,
             and
             was
             against
             the
             Great
             Charter
             ,
             made
             Proclamation
             Anno
             16.
             in
             all
             Ports
             of
             England
             ,
             That
             all
             Merchants
             might
             come
             
               faciendo
               rectas
               &
               debitas
               consuetudines
               nec
               sibi
               timeant
               de
               malis
               tollis
               ,
            
             
             for
             that
             such
             Impositions
             had
             no
             better
             name
             then
             Maletolts
             .
          
           
             The
             like
             was
             declared
             and
             done
             by
             Edward
             the
             First
             in
             the
             25th
             year
             of
             his
             Reign
             ,
             and
             Edward
             the
             Second
             ,
             in
             
             the
             11th
             and
             12th
             years
             of
             his
             Reign
             .
          
           
             III.
             In
             2
             Ed.
             3.
             the
             Great
             Charter
             for
             Free
             Traffique
             was
             Confirmed
             ;
             and
             about
             some
             3.
             years
             after
             there
             were
             Commissions
             granted
             for
             the
             raising
             of
             a
             new
             kind
             of
             Tallage
             ,
             but
             the
             people
             complained
             ;
             whereupon
             the
             Commissions
             were
             repealed
             ,
             and
             he
             promised
             
             never
             to
             assess
             any
             but
             as
             in
             the
             time
             of
             his
             Ancestors
             .
          
           
             But
             this
             Prerogative
             Power
             of
             Imposing
             inward
             and
             outward
             upon
             Commodities
             over
             and
             above
             the
             ancient
             Custome
             of
             Subsidy
             without
             a
             free
             consent
             in
             Parliament
             ,
             is
             now
             ceast
             and
             settled
             ;
             And
             that
             Question
             which
             for
             many
             Ages
             had
             been
             handled
             by
             the
             most
             Learned'st
             of
             their
             times
             ,
             in
             the
             asserting
             and
             in
             the
             denying
             ,
             will
             never
             more
             be
             remembred
             :
             Which
             being
             
             managed
             for
             some
             time
             was
             afterward
             farmed
             out
             :
             The
             
             like
             having
             been
             done
             by
             former
             Kings
             ,
             as
             did
             Edward
             the
             Third
             with
             the
             New
             and
             Old
             Customes
             of
             London
             for
             1000
             Marks
             monthly
             to
             be
             paid
             unto
             the
             Wardrope
             .
             
          
           
             Richard
             the
             Second
             ,
             Anno
             20.
             
             Farmed
             out
             the
             Subsidy
             
             of
             Cloth
             in
             divers
             Counties
             .
          
           
             So
             Edward
             the
             
               4th
               ,
               Henry
            
             the
             8th
             ,
             Queen
             Elizabeth
             ,
             and
             King
             James
             ;
             the
             same
             having
             been
             used
             in
             former
             Ages
             even
             in
             the
             best
             govern'd
             State
             ,
             Rome
             ,
             
             which
             let
             out
             Portions
             and
             Decim's
             to
             the
             Publicans
             .
          
           
             IV.
             The
             Old
             
               Hanse
               Towng
               ,
               viz.
               Lubeck
               ,
               Collen
               ,
               Brunswick
               ,
               Dantzick
            
             and
             the
             rest
             ,
             had
             extraordinary
             Immunities
             granted
             unto
             them
             by
             our
             Third
             Henry
             ,
             for
             their
             great
             assistance
             and
             furnishing
             him
             in
             his
             Warrs
             and
             Naval
             Expeditions
             with
             so
             many
             Ships
             ;
             and
             as
             they
             pretended
             the
             King
             was
             not
             onely
             to
             pay
             them
             for
             the
             Service
             of
             their
             Ships
             ,
             but
             for
             the
             Vessels
             themselves
             in
             case
             they
             miscarried
             :
             The
             King
             having
             concluded
             a
             Peace
             ,
             and
             they
             being
             on
             their
             return
             home
             for
             Germany
             ,
             the
             most
             considerable
             part
             of
             their
             Fleet
             miscarried
             by
             Storm
             and
             stress
             of
             weather
             ;
             for
             which
             according
             to
             Covenant
             they
             demanded
             reparation
             :
             The
             good
             King
             in
             lieu
             of
             that
             which
             he
             wanted
             ,
             Money
             ,
             granted
             them
             divers
             Immunities
             ;
             and
             amongst
             others
             ,
             they
             were
             to
             pay
             but
             1.
             
               per
               Cent.
            
             Custome
             ,
             which
             continued
             till
             Queen
             Mary's
             time
             ,
             and
             by
             the
             Advice
             of
             King
             Philip
             she
             enhanced
             the
             1.
             to
             20
             
               per
               Cent
            
             :
             The
             Hans
             not
             only
             complained
             ,
             but
             clamoured
             aloud
             for
             breach
             of
             their
             Ancient
             Priviledges
             confirmed
             unto
             them
             by
             long
             Prescription
             from
             13
             successive
             Kings
             of
             England
             ,
             and
             the
             which
             they
             pretended
             to
             have
             purchased
             with
             their
             Money
             :
             King
             Philip
             undertook
             to
             accommodate
             the
             business
             ,
             but
             Queen
             Mary
             dying
             ,
             and
             he
             retiring
             ,
             nothing
             was
             effected
             .
             Complaints
             being
             afterwards
             made
             to
             Queen
             Elizabeth
             ,
             she
             answer'd
             ,
             
               That
               as
               she
               would
               not
               innovate
               any
               thing
               ,
               so
               she
               would
               protect
               them
               still
               in
               the
               Immunities
               and
               Condition
               she
               found
               them
               .
            
             Hereupon
             their
             Navigation
             and
             Traffique
             was
             suspended
             a
             while
             ,
             which
             proved
             very
             advantageous
             to
             the
             English
             ,
             for
             they
             tryed
             
             what
             they
             could
             do
             themselves
             herein
             ,
             their
             adventures
             and
             returns
             proving
             successful
             ,
             they
             took
             the
             whole
             Trade
             into
             their
             own
             hands
             ,
             and
             so
             divided
             themselves
             to
             Stapters
             and
             Merchant-adventurers
             ;
             the
             one
             residing
             constant
             at
             one
             place
             ,
             the
             other
             keeping
             their
             course
             and
             adventuring
             to
             other
             Towns
             and
             States
             abroad
             with
             Cloth
             and
             other
             Manufactures
             :
             This
             so
             nettled
             the
             Hans
             ,
             that
             they
             devised
             all
             the
             wayes
             that
             a
             discontented
             people
             could
             to
             draw
             upon
             our
             new
             Staplers
             or
             Adventurers
             the
             ill
             opinion
             of
             othhr
             Nations
             and
             States
             :
             but
             that
             proving
             but
             of
             too
             small
             a
             force
             to
             stop
             the
             Current
             of
             so
             strong
             a
             Trade
             as
             they
             had
             got
             footing
             into
             ,
             they
             resorted
             to
             some
             other
             ;
             whereupon
             they
             applyed
             themselves
             to
             the
             Emperour
             ,
             as
             being
             a
             Body
             incorporated
             to
             the
             Empire
             ;
             and
             upon
             complaint
             obtained
             Ambassadors
             to
             the
             Queen
             to
             mediate
             the.
             business
             :
             but
             they
             returned
             still
             
               re
               infecta
            
             :
             Hereupon
             the
             Queen
             caused
             a
             Proclamation
             to
             be
             published
             ,
             
               That
               the
               Merchants
               of
               the
            
             Hans
             
               should
               be
               intreated
               ,
               and
               used
               as
               all
               other
               Strangers
               within
               her
               Dominions
               in
               point
               of
               Commerce
               ,
               without
               any
               mark
               of
               distinction
               .
            
          
           
             This
             enflamed
             the
             more
             ,
             thereupon
             they
             bent
             their
             Forces
             more
             eagerly
             ,
             and
             in
             an
             Imperial
             Dyet
             at
             Ratsbone
             they
             procured
             that
             the
             English
             Merchants
             who
             had
             associated
             themselves
             in
             Corporations
             both
             in
             Embden
             and
             other
             places
             should
             be
             adjudged
             Monopolists
             ;
             whereupon
             there
             was
             a
             Comitial
             Edict
             procured
             against
             them
             that
             they
             should
             be
             exterminated
             ,
             and
             banished
             out
             of
             all
             parts
             of
             the
             Empire
             ;
             which
             was
             done
             by
             Suderman
             a
             great
             Civilian
             .
             There
             was
             there
             at
             that
             time
             for
             the
             Queen
             as
             nimble
             a
             man
             as
             Suderman
             ,
             and
             he
             had
             the
             Chancellor
             of
             Embden
             to
             second
             him
             ,
             yet
             they
             could
             not
             stop
             the
             Edict
             ,
             whereby
             our
             new
             erected
             Society
             of
             Adventurers
             were
             pronounced
             a
             Monopoly
             :
             Yet
             Gilpin
             played
             his
             Cards
             so
             well
             ,
             that
             he
             prevailed
             the
             
               Imperial
               Ban
            
             should
             not
             be
             published
             till
             after
             the
             Dyet
             ;
             and
             that
             in
             the
             interim
             his
             Imperial
             Majesty
             should
             send
             an
             Ambassador
             to
             England
             to
             advertise
             the
             Queen
             of
             such
             proceedings
             against
             her
             Merchants
             .
             But
             
             this
             made
             so
             little
             impression
             on
             the
             Queen
             ,
             that
             the
             ●…an
             grew
             rather
             rediculous
             than
             formidable
             ,
             for
             the
             Town
             of
             Embden
             harboured
             our
             Merchants
             notwithstanding
             ,
             and
             afterwards
             the
             Town
             of
             Stode
             ;
             but
             the
             Hansatiques
             pursuing
             their
             revenge
             ,
             and
             they
             being
             not
             so
             able
             to
             protect
             them
             against
             the
             Imperial
             Ban
             ,
             removed
             and
             setled
             themselves
             in
             Hamburgh
             .
          
           
             This
             Politique
             Princess
             in
             recompence
             of
             their
             revenge
             commanded
             another
             Proclamation
             to
             be
             published
             ,
             That
             the
             Hansatique
             Merchants
             should
             be
             allowed
             to
             Trade
             into
             England
             upon
             the
             same
             Conditions
             as
             they
             formerly
             did
             ,
             Provided
             the
             English
             Merchants
             might
             have
             the
             same
             Priviledges
             to
             reside
             and
             Trade
             peaceably
             in
             Stode
             or
             Hamburgh
             ;
             or
             any
             where
             else
             within
             the
             Precincts
             of
             the
             Hans
             .
             This
             so
             incensed
             and
             nettled
             them
             ,
             That
             all
             endeavours
             were
             made
             to
             cut
             off
             Stode
             and
             Hamburgh
             from
             being
             Members
             of
             the
             Hans
             ,
             or
             of
             the
             Empire
             :
             But
             the
             Design
             was
             suspended
             till
             they
             saw
             the
             Success
             of
             88
             ,
             King
             Philip
             having
             promised
             to
             do
             them
             some
             good
             Offices
             in
             the
             Concern
             .
          
           
             But
             the
             Queen
             finding
             that
             the
             Hans
             were
             not
             contented
             with
             that
             Equality
             she
             had
             offered
             to
             make
             betwixt
             them
             and
             her
             own
             Subjects
             ,
             but
             were
             using
             such
             extraordinary
             means
             ;
             put
             forth
             another
             Proclamation
             ,
             That
             they
             should
             transport
             neither
             Corn
             ,
             Victuals
             ,
             Arms
             ,
             Timber
             ,
             Masts
             ,
             Cables
             ,
             Metals
             ,
             or
             any
             other
             Materials
             or
             Men
             to
             Spain
             ,
             or
             Portugal
             .
             And
             not
             long
             after
             the
             Queen
             growing
             more
             redoubled
             and
             Famous
             by
             the
             Overthrow
             of
             King
             
             Philip's
             Invincible
             Armada
             ,
             (
             as
             the
             Pope
             christned
             it
             )
             the
             Hans
             began
             to
             despair
             of
             doing
             any
             good
             ,
             especially
             they
             having
             about
             some
             60
             Sayl
             of
             their
             Ships
             taken
             about
             the
             River
             Lisbon
             by
             her
             Majesties
             Frigats
             ,
             that
             were
             laden
             with
             
               Ropas
               de
               contrabanda
            
             .
             She
             notwithstanding
             had
             thoughts
             of
             discharging
             this
             Fleet
             by
             endeavouring
             a
             reconcilement
             of
             the
             differences
             :
             but
             she
             having
             intelligence
             of
             an
             Extraordinary
             Assembly
             at
             Lubeck
             which
             had
             purposely
             met
             to
             consult
             of
             means
             to
             be
             revenged
             of
             her
             ,
             she
             
             thereupon
             made
             absolute
             prize
             of
             those
             60
             Sayl
             ,
             onely
             two
             were
             freed
             to
             carry
             home
             the
             sad
             Tydings
             of
             their
             Brethrens
             misfortune
             .
             Hereupon
             the
             Pole
             sent
             a
             ranting
             Embassador
             in
             the
             behalf
             of
             the
             Hans
             ,
             who
             spake
             the
             Injuries
             done
             to
             the
             Hans
             in
             a
             high
             tone
             .
             But
             the
             Queen
             her self
             suddainly
             answered
             him
             in
             a
             higher
             ,
             with
             a
             satisfaction
             no
             greater
             than
             what
             she
             had
             done
             to
             others
             of
             the
             like
             quality
             before
             .
          
           
             This
             fortunate
             Clashing
             for
             the
             19.
             
               per
               Cent.
            
             on
             the
             Customes
             ,
             has
             proved
             ever
             since
             advantageous
             for
             England
             ,
             our
             Merchants
             have
             ever
             since
             beaten
             a
             peaceful
             and
             an
             uninterrupted
             Trade
             into
             High
             and
             
               Low
               Germany
            
             ;
             and
             by
             their
             constant
             Trade
             in
             those
             Parts
             have
             found
             a
             way
             thorough
             the
             
               White
               Sea
            
             to
             Arch-Angel
             and
             Mosco
             .
             The
             return
             of
             all
             which
             hath
             since
             vastly
             encreased
             the
             Riches
             and
             
               Strength
               of
               this
               Nation
            
             .
          
           
             V.
             After
             the
             Jewes
             became
             Tributary
             to
             Rome
             ,
             
             (
             which
             was
             acquir'd
             by
             Pompey
             Threescore
             years
             before
             the
             Birth
             of
             our
             Saviour
             )
             certain
             Officers
             or
             Commissioners
             were
             appointed
             by
             the
             Romans
             in
             all
             those
             places
             where
             their
             Victorious
             Standards
             had
             claymed
             a
             Conquest
             ,
             who
             used
             to
             appoint
             such
             Officers
             or
             Commissioners
             to
             Collect
             and
             gather
             up
             such
             Custome-money
             or
             Tribute
             as
             was
             exacted
             by
             the
             Senate
             .
             Those
             that
             gathered
             up
             these
             Publique
             payments
             were
             termed
             
               Publicani
               Publicanes
            
             ,
             and
             by
             reason
             of
             their
             Cruel
             
             and
             Oppressive
             Exaction
             ,
             they
             became
             hateful
             in
             all
             Nations
             .
          
           
             Every
             Province
             had
             his
             several
             Society
             or
             Company
             of
             Publicans
             ;
             Every
             Society
             his
             distinct
             Governour
             :
             in
             which
             respect
             it
             is
             that
             Zaccheus
             is
             called
             by
             the
             Evangelists
             ,
             
               Princeps
               Publicanorum
            
             ,
             the
             chief
             Receiver
             
             of
             the
             Tribute
             ,
             or
             chief
             Publican
             :
             And
             all
             the
             Provincial
             Governours
             in
             these
             several
             Societies
             had
             one
             chief
             Master
             or
             Superintendant
             residing
             at
             Rome
             ,
             unto
             whom
             the
             other
             subordinate
             Governours
             gave
             up
             their
             Accounts
             .
             These
             Publicans
             were
             hated
             of
             all
             the
             
             Roman
             Provinces
             ,
             but
             especially
             of
             the
             Jewes
             ,
             because
             though
             it
             was
             chiefly
             maintained
             by
             the
             Galileans
             ,
             yet
             it
             was
             generally
             inclined
             unto
             by
             the
             Jewes
             ,
             That
             Tribute
             
             ought
             not
             to
             be
             paid
             by
             them
             .
             This
             Hatred
             is
             confirmed
             by
             the
             Rabinical
             Proverb
             ,
             
               Take
               not
               a
               Wife
               out
               of
               that
               Family
               wherein
               there
               is
               a
               Publican
               ,
               for
               such
               are
               all
               Publicans
               .
            
             Yea
             ,
             a
             Faithful
             Publican
             was
             so
             rare
             at
             Rome
             it self
             ,
             that
             one
             Sabinus
             for
             his
             honest
             managing
             of
             that
             Office
             ,
             in
             an
             Honourable
             remembrance
             thereof
             had
             certain
             Images
             with
             this
             Inscription
             ,
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             
               For
               the
               Faithful
               Publican
            
             .
             No
             marvel
             that
             in
             Holy
             Writ
             Publicans
             and
             Sinners
             go
             hand
             
             in
             hand
             .
          
           
             But
             now
             the
             World
             has
             been
             so
             long
             used
             to
             them
             ,
             that
             in
             all
             or
             most
             Nations
             the
             particular
             Princes
             or
             States
             chuse
             out
             the
             most
             Sagest
             and
             Prudent'st
             men
             for
             that
             Imployment
             :
             And
             certainly
             the
             Customes
             of
             this
             Realm
             never
             did
             return
             to
             that
             great
             and
             clear
             Account
             as
             they
             have
             done
             under
             the
             Care
             and
             Prudent
             management
             of
             the
             present
             Commissioners
             :
             And
             were
             Tertullian
             alive
             ,
             he
             would
             have
             Recanted
             that
             
             Opinion
             of
             his
             ,
             
               That
               none
               would
               be
               a
               Publican
               but
               a
               Heathen
               .
            
          
           
             VI.
             Customes
             are
             Duties
             certain
             and
             perpetual
             payable
             to
             the
             King
             as
             the
             Inheritance
             of
             his
             Crown
             ,
             for
             Merchandizes
             transported
             from
             and
             beyond
             the
             Seas
             from
             one
             Realm
             to
             another
             .
             
               Magna
               Custuma
               &
               antiqua
            
             is
             payable
             out
             of
             Native
             Commodities
             ,
             scilicet
             ,
             Wooll
             ,
             Woollfels
             and
             Hides
             ,
             and
             that
             is
             certain
             imposed
             .
          
           
             And
             this
             Custome
             which
             is
             called
             
               Magna
               Custuma
            
             ,
             is
             due
             to
             the
             King
             of
             Common
             Right
             for
             Four
             Causes
             :
          
           
             1.
             
             For
             leave
             to
             depart
             the
             Kingdome
             ,
             and
             to
             carry
             Commodities
             of
             the
             Realm
             out
             of
             it
             .
          
           
             2.
             
             For
             the
             Interest
             and
             Dominion
             which
             the
             King
             hath
             in
             the
             Sea
             ,
             and
             the
             Arms
             thereof
             .
          
           
           
             3.
             
             Because
             the
             King
             is
             the
             Guardian
             of
             all
             the
             Ports
             within
             the
             Realm
             ,
             
               &
               Custos
               totius
               Regni
            
             .
          
           
             4.
             
             For
             Whaftage
             and
             Protection
             of
             Merchants
             upon
             the
             Seas
             against
             the
             Enemies
             of
             the
             Realm
             and
             Pyrats
             .
          
           
             VII
             .
             The
             Custome
             which
             is
             called
             
               Parva
               Custuma
            
             ,
             is
             a
             Custome
             or
             Duty
             payable
             by
             Merchants
             Strangers
             ,
             and
             begun
             in
             the
             time
             of
             King
             
               Edward
               the
               First
            
             ,
             when
             they
             granted
             him
             ,
             that
             they
             would
             pay
             to
             him
             
             and
             his
             Heirs
             3
             d.
             in
             the
             pound
             for
             all
             Merchandizes
             Exported
             and
             Imported
             by
             them
             ,
             &c.
             
             And
             that
             the
             Charter
             was
             and
             may
             be
             of
             great
             Use
             ,
             I
             have
             here
             inserted
             the
             same
             ,
             as
             it
             was
             Faithfully
             Transcribed
             out
             of
             the
             Roll
             in
             the
             Tower.
             
          
           
             
               
                 
                   
                   
                     
                       For
                       Merchant
                       Strangers
                       concerning
                       Liberties
                       granted
                       to
                       them
                       .
                    
                     
                       THe
                       KING
                       ,
                       to
                       his
                       
                       Archbishops
                       ,
                       &c.
                       sendeth
                       Greeting
                       .
                       Concerning
                       the
                       good
                       Condition
                       of
                       all
                       the
                       Merchants
                       of
                       the
                       Kingdoms
                       ,
                       Lands
                       ,
                       and
                       Provinces
                       underwritten
                       :
                       That
                       is
                       to
                       say
                       ,
                       
                         Germany
                         ,
                         France
                         ,
                         Spain
                         ,
                         Portugal
                         ,
                         Navarr
                         ,
                         Lombardy
                         ,
                         Tuscany
                         ,
                         Provence
                         ,
                         Cathalonia
                      
                       ;
                       Our
                       Dukedoms
                       of
                       
                         Aquitain
                         ,
                         Tholous
                         ,
                         Turein
                         ,
                         Flanders
                         ,
                         Brabant
                         ,
                      
                       and
                       all
                       other
                       Lands
                       ,
                       and
                       forrein
                       places
                       ,
                       by
                       what
                       name
                       soever
                       called
                       ,
                       coming
                       into
                       Our
                       Kingdome
                       of
                       England
                       ,
                       and
                       there
                       remaining
                       .
                    
                     
                       We
                       being
                       very
                       solicitous
                       ,
                       out
                       of
                       Our
                       especial
                       Care
                       ,
                       that
                       under
                       Our
                       Dominion
                       ,
                       a
                       freedom
                       of
                       Tranquility
                       ,
                       and
                       full
                       Security
                       for
                       the
                       said
                       Merchants
                       may
                       be
                       provided
                       for
                       the
                       future
                       ,
                       so
                       as
                       they
                       may
                       the
                       more
                       readily
                       applythemselves
                       
                       to
                       the
                       service
                       of
                       Us
                       ,
                       and
                       of
                       Our
                       Kingdome
                       ,
                       We
                       graciously
                       answering
                       their
                       Petitions
                       ,
                       and
                       ordaining
                       more
                       amply
                       for
                       securing
                       their
                       Condition
                       in
                       form
                       following
                       underwritten
                       ,
                       are
                       pleased
                       to
                       grant
                       to
                       the
                       said
                       Merchants
                       for
                       Us
                       and
                       Our
                       Heirs
                       for
                       ever
                       .
                    
                     
                       Imprimis
                       ,
                       That
                       is
                       to
                       say
                       ,
                       That
                       all
                       Merchants
                       of
                       the
                       said
                       Kingdomes
                       ,
                       and
                       Lands
                       ,
                       may
                       come
                       from
                       any
                       other
                       place
                       ,
                       safe
                       and
                       secure
                       under
                       Our
                       Tuition
                       and
                       Protection
                       into
                       Our
                       said
                       Kingdome
                       of
                       England
                       ,
                       and
                       every
                       where
                       within
                       Our
                       Dominion
                       ,
                       with
                       their
                       Merchandizes
                       of
                       what
                       sort
                       soever
                       ,
                       and
                       be
                       unmolested
                       ,
                       and
                       quiet
                       concerning
                       a
                       Murage
                       ,
                       b
                       Pontage
                       ,
                       and
                       c
                       Pavage
                       ,
                       and
                       that
                       within
                       Our
                       said
                       Kingdom
                       ,
                       and
                       Dominion
                       ,
                       they
                       may
                       Traffique
                       in
                       the
                       Cities
                       ,
                       Boroughs
                       and
                       Market
                       Towns
                       ,
                       onely
                       in
                       gross
                       ,
                       as
                       well
                       with
                       Natives
                       ,
                       or
                       Inhabitants
                       of
                       this
                       Our
                       
                       Kingdom
                       and
                       Dominion
                       aforesaid
                       ,
                       as
                       with
                       Strangers
                       Forrein
                       and
                       Domestick
                       ;
                       But
                       so
                       ,
                       as
                       their
                       Wares
                       vulgarly
                       called
                       Mercery
                       or
                       the
                       
                         SPECIES
                         thereof
                      
                       ,
                       they
                       may
                       sell
                       by
                       retail
                       ,
                       as
                       formerly
                       hath
                       been
                       accustomed
                       .
                       And
                       that
                       all
                       the
                       said
                       Merchants
                       may
                       carry
                       ,
                       or
                       cause
                       to
                       be
                       carried
                       whither
                       they
                       please
                       ,
                       their
                       Merchandize
                       which
                       they
                       have
                       brought
                       into
                       Our
                       said
                       Kingdom
                       ,
                       and
                       Dominion
                       ,
                       or
                       otherwise
                       acquired
                       ;
                       Except
                       to
                       the
                       Lands
                       of
                       the
                       manifest
                       and
                       notorious
                       Enemies
                       of
                       Our
                       Kingdom
                       ,
                       paying
                       the
                       Customs
                       which
                       shall
                       be
                       due
                       ,
                       Wines
                       onely
                       excepted
                       ,
                       which
                       shall
                       not
                       be
                       exported
                       out
                       of
                       Our
                       said
                       Kingdom
                       ,
                       or
                       Dominion
                       ,
                       after
                       they
                       have
                       been
                       Imported
                       into
                       Our
                       said
                       Kingdom
                       ,
                       or
                       Dominion
                       ,
                       without
                       Pleasure
                       and
                       special
                       Licence
                       ,
                       by
                       any
                       way
                       or
                       means
                       whatsoever
                       .
                    
                     
                     
                       Item
                       ,
                       That
                       the
                       said
                       Merchants
                       may
                       lodge
                       in
                       the
                       Cities
                       ,
                       Boroughs
                       ,
                       &
                       Towns
                       aforesaid
                       ,
                       at
                       their
                       own
                       pleasure
                       ,
                       and
                       there
                       stay
                       with
                       their
                       Goods
                       ,
                       to
                       the
                       content
                       of
                       them
                       who
                       entertain
                       them
                       .
                    
                     
                       Item
                       ,
                       That
                       every
                       Contract
                       made
                       by
                       the
                       said
                       Merchants
                       with
                       what
                       persons
                       soever
                       ,
                       and
                       from
                       what
                       places
                       soever
                       ,
                       for
                       what
                       kind
                       of
                       Merchandizes
                       soever
                       ,
                       shall
                       be
                       firm
                       and
                       stable
                       ,
                       so
                       that
                       neither
                       of
                       the
                       Merchants
                       shall
                       depart
                       from
                       ,
                       or
                       go
                       back
                       from
                       his
                       bargain
                       ,
                       after
                       a
                       Gods-penny
                       is
                       given
                       and
                       received
                       ,
                       between
                       the
                       principal
                       persons
                       contracting
                       ;
                       and
                       if
                       it
                       happen
                       that
                       a
                       Contention
                       arise
                       on
                       the
                       said
                       Contract
                       ,
                       there
                       shall
                       be
                       a
                       Tryal
                       ,
                       or
                       Inquisition
                       ,
                       according
                       to
                       the
                       Usages
                       and
                       Customs
                       of
                       the
                       Fairs
                       ,
                       and
                       Towns
                       where
                       such
                       contract
                       shall
                       be
                       made
                       or
                       begun
                       .
                    
                     
                       Item
                       ,
                       We
                       promise
                       to
                       the
                       aforesaid
                       Merchants
                       ,
                       and
                       for
                       Us
                       ,
                       and
                       Our
                       Heirs
                       for
                       ever
                       grant
                       ,
                       That
                       We
                       by
                       no
                       meanes
                       whatsoever
                       will
                       make
                       ,
                       nor
                       suffer
                       to
                       be
                       made
                       any
                       Prize
                       ,
                       or
                       Arrest
                       ,
                       or
                       detention
                       
                       by
                       occasion
                       of
                       Prise
                       ,
                       for
                       the
                       future
                       ,
                       upon
                       their
                       said
                       Wares
                       ,
                       Merchandizes
                       ,
                       or
                       other
                       their
                       Goods
                       by
                       Us
                       ,
                       or
                       by
                       any
                       other
                       ,
                       or
                       others
                       in
                       any
                       case
                       ,
                       and
                       necessity
                       whatsoever
                       ,
                       against
                       the
                       will
                       of
                       the
                       said
                       Merchants
                       ,
                       without
                       the
                       price
                       presently
                       paid
                       ,
                       for
                       which
                       the
                       said
                       Merchants
                       might
                       sell
                       to
                       others
                       ,
                       wares
                       of
                       the
                       like
                       sort
                       for
                       ,
                       or
                       otherwise
                       to
                       satisfie
                       them
                       ,
                       so
                       as
                       they
                       shall
                       repute
                       themselves
                       contented
                       .
                       And
                       that
                       no
                       Appraisement
                       or
                       value
                       shall
                       be
                       put
                       upon
                       the
                       said
                       Merchants
                       Wares
                       ,
                       Merchandizes
                       ,
                       or
                       Goods
                       ,
                       by
                       Us
                       or
                       Our
                       Ministers
                       .
                    
                     
                       Item
                       ,
                       We
                       will
                       ,
                       That
                       all
                       Bayliffs
                       ,
                       and
                       Officers
                       of
                       Fairs
                       ,
                       Cities
                       ,
                       Boroughs
                       ,
                       and
                       Market
                       Towns
                       ,
                       shall
                       do
                       speedy
                       Justice
                       to
                       the
                       said
                       Merchants
                       complaining
                       to
                       them
                       ,
                       from
                       day
                       to
                       day
                       ,
                       without
                       delay
                       ,
                       according
                       to
                       the
                       
                         Merchants
                         Law
                      
                       ,
                       concerning
                       all
                       and
                       every
                       thing
                       which
                       by
                       the
                       said
                       Law
                       may
                       be
                       determined
                       :
                       And
                       if
                       any
                       defect
                       shall
                       happen
                       to
                       be
                       found
                       in
                       any
                       of
                       Our
                       Bayliffs
                       or
                       Ministers
                       aforesaid
                       ,
                       
                       whereby
                       the
                       said
                       Merchants
                       or
                       any
                       of
                       their
                       Factors
                       shall
                       suffer
                       loss
                       ,
                       although
                       the
                       Merchant
                       recover
                       his
                       losses
                       against
                       the
                       party
                       in
                       the
                       whole
                       ,
                       Yet
                       nevertheless
                       ,
                       the
                       Bayliff
                       ,
                       or
                       other
                       Ministers
                       of
                       Ours
                       as
                       the
                       fault
                       requires
                       shall
                       be
                       punished
                       ;
                       and
                       We
                       grant
                       the
                       said
                       punishment
                       in
                       favour
                       of
                       the
                       Merchants
                       aforesaid
                       ,
                       for
                       compleating
                       their
                       right
                       .
                    
                     
                       Item
                       ,
                       That
                       in
                       all
                       kinds
                       of
                       Pleas
                       ,
                       saving
                       in
                       the
                       case
                       of
                       Crime
                       ,
                       for
                       which
                       the
                       pain
                       of
                       Death
                       is
                       liable
                       to
                       be
                       inflicted
                       ,
                       where
                       the
                       Merchant
                       shall
                       be
                       impleaded
                       ,
                       or
                       he
                       implead
                       another
                       ,
                       of
                       whatsoever
                       condition
                       ●…e
                       that
                       is
                       impleaded
                       be
                       of
                       ,
                       whether
                       a
                       Forreiner
                       or
                       a
                       Domestick
                       ,
                       in
                       the
                       said
                       Fairs
                       ,
                       Cities
                       or
                       Boroughs
                       ,
                       where
                       there
                       is
                       a
                       sufficient
                       plenty
                       of
                       Merchants
                       of
                       the
                       Lands
                       aforesaid
                       ,
                       and
                       Inquisition
                       there
                       ought
                       to
                       be
                       made
                       ;
                       Half
                       of
                       the
                       Inquisition
                       shall
                       be
                       of
                       the
                       said
                       forrein
                       Merchants
                       ,
                       and
                       the
                       other
                       half
                       of
                       honest
                       and
                       lawful
                       men
                       ,
                       where
                       the
                       Plea
                       happens
                       to
                       be
                       :
                       And
                       if
                       a
                       sufficient
                       number
                       
                       of
                       the
                       Merchants
                       of
                       the
                       said
                       Lands
                       shall
                       not
                       be
                       found
                       ,
                       let
                       those
                       be
                       put
                       in
                       the
                       Inquisition
                       who
                       shall
                       be
                       found
                       fit
                       in
                       that
                       place
                       ,
                       and
                       let
                       the
                       residue
                       be
                       of
                       other
                       good
                       and
                       fit
                       men
                       ,
                       in
                       the
                       places
                       in
                       which
                       that
                       plaint
                       shall
                       be
                       .
                    
                     
                       Item
                       ,
                       We
                       will
                       ,
                       Ordain
                       ,
                       and
                       appoint
                       ,
                       That
                       in
                       every
                       Market
                       Town
                       and
                       Fair
                       of
                       Our
                       said
                       Kingdom
                       ,
                       and
                       elsewhere
                       within
                       our
                       Dominion
                       ,
                       
                         Our
                         Weight
                      
                       is
                       to
                       be
                       put
                       in
                       a
                       certain
                       place
                       ,
                       and
                       before
                       weighing
                       thereof
                       ,
                       the
                       Scale
                       to
                       be
                       empty
                       in
                       the
                       presence
                       of
                       Buyer
                       and
                       Seller
                       ,
                       and
                       the
                       arms
                       thereof
                       to
                       be
                       equal
                       ,
                       and
                       when
                       he
                       hath
                       set
                       the
                       Scale
                       equal
                       ,
                       he
                       is
                       forthwith
                       to
                       take
                       off
                       his
                       hands
                       ,
                       so
                       that
                       it
                       may
                       remain
                       equal
                       ;
                       And
                       that
                       throughout
                       Our
                       whole
                       Kingdome
                       and
                       Dominion
                       ,
                       there
                       be
                       one
                       Weight
                       and
                       Measure
                       ,
                       both
                       of
                       them
                       sealed
                       with
                       the
                       sign
                       of
                       Our
                       Standard
                       ,
                       and
                       that
                       every
                       one
                       may
                       have
                       a
                       Scale
                       of
                       one
                       Quarteroni
                       and
                       under
                       ,
                       where
                       contrary
                       to
                       the
                       Governour
                       of
                       the
                       said
                       place
                       ,
                       or
                       Liberty
                       by
                       Us
                       ,
                       or
                       Our
                       Ancestors
                       was
                       not
                       granted
                       ,
                       
                       or
                       contrary
                       to
                       the
                       Custom
                       of
                       the
                       Villages
                       and
                       Fairs
                       hitherto
                       observed
                       .
                    
                     
                       Item
                       ,
                       We
                       will
                       and
                       grant
                       ,
                       That
                       some
                       certain
                       faithful
                       and
                       discreet
                       person
                       residing
                       in
                       London
                       ,
                       may
                       be
                       appointed
                       a
                       Justice
                       in
                       behalf
                       of
                       the
                       before
                       mentioned
                       Merchants
                       ,
                       before
                       whom
                       they
                       may
                       plead
                       specially
                       ,
                       and
                       more
                       speedily
                       recover
                       their
                       Debts
                       ,
                       if
                       the
                       Sheriffs
                       ,
                       and
                       Mayors
                       ,
                       distribute
                       not
                       to
                       them
                       ,
                       day
                       by
                       day
                       ,
                       compleat
                       and
                       speedy
                       Justice
                       ;
                       that
                       then
                       a
                       Commission
                       be
                       granted
                       to
                       the
                       aforesaid
                       Merchants
                       ,
                       besides
                       this
                       present
                       Charter
                       ,
                       viz.
                       Concerning
                       those
                       
                         [
                         Goods
                      
                       ]
                       which
                       are
                       to
                       be
                       conveyed
                       between
                       Merchants
                       and
                       Merchants
                       ,
                       according
                       to
                       the
                       
                         Merchants
                         Law.
                      
                       
                    
                     
                       Item
                       ,
                       We
                       Ordain
                       and
                       Appoint
                       ,
                       and
                       Our
                       Will
                       and
                       Pleasure
                       is
                       ,
                       for
                       Us
                       ,
                       and
                       Our
                       Heirs
                       ,
                       That
                       this
                       Ordinance
                       and
                       Statute
                       be
                       firmly
                       kept
                       for
                       ever
                       ,
                       notwithstanding
                       any
                       liberty
                       whatsoever
                       which
                       We
                       or
                       Our
                       Heirs
                       for
                       the
                       future
                       shall
                       grant
                       ;
                       the
                       said
                       Merchants
                       ought
                       not
                       to
                       lose
                       their
                       above
                       written
                       
                       Liberties
                       ,
                       or
                       any
                       of
                       them
                       :
                       And
                       for
                       and
                       in
                       consideration
                       of
                       their
                       obtaining
                       the
                       said
                       Liberties
                       ,
                       and
                       free
                       Usages
                       ,
                       and
                       Our
                       Prises
                       to
                       be
                       remitted
                       to
                       them
                       :
                       All
                       and
                       singular
                       the
                       said
                       Merchants
                       for
                       themselves
                       ,
                       and
                       all
                       others
                       on
                       their
                       part
                       ,
                       have
                       heartily
                       and
                       unanimously
                       granted
                       to
                       Us
                       that
                       for
                       every
                       
                         Hogshead
                         of
                         Wine
                      
                       which
                       they
                       shall
                       bring
                       in
                       ,
                       or
                       cause
                       to
                       be
                       brought
                       in
                       within
                       Our
                       Kingdome
                       ,
                       or
                       Dominion
                       thereof
                       ;
                       and
                       from
                       whence
                       they
                       are
                       obliged
                       to
                       pay
                       Freight
                       to
                       the
                       Mariners
                       ,
                       to
                       pay
                       to
                       Us
                       and
                       to
                       Our
                       Heirs
                       ,
                       by
                       the
                       name
                       of
                       Custome
                       two
                       shillings
                       over
                       and
                       above
                       the
                       ancient
                       Customs
                       due
                       ,
                       and
                       accustomed
                       to
                       be
                       paid
                       in
                       pence
                       within
                       Fourty
                       dayes
                       after
                       the
                       said
                       Wines
                       are
                       put
                       on
                       shoare
                       out
                       of
                       the
                       Ships
                       .
                    
                     
                       Item
                       ,
                       For
                       every
                       
                         Sack
                         of
                         Wooll
                      
                       ,
                       which
                       the
                       said
                       Merchants
                       or
                       others
                       in
                       their
                       names
                       do
                       buy
                       ,
                       and
                       out
                       of
                       this
                       Kingdom
                       transport
                       ,
                       or
                       buy
                       to
                       transport
                       ,
                       shall
                       pay
                       fourty
                       pence
                       over
                       and
                       above
                       the
                       ancient
                       Custom
                       of
                       half
                       a
                       Mark
                       ,
                       which
                       formerly
                       
                       was
                       paid
                       .
                       And
                       for
                       a
                       Last
                       of
                       Hides
                       carried
                       out
                       of
                       this
                       Our
                       Kingdom
                       and
                       Dominion
                       thereof
                       ,
                       to
                       be
                       sold
                       ,
                       half
                       a
                       Mark
                       over
                       and
                       above
                       that
                       which
                       according
                       to
                       ancient
                       Custome
                       was
                       formerly
                       paid
                       ;
                       and
                       likewise
                       for
                       Three
                       hundred
                       Wooll-fels
                       to
                       be
                       carried
                       out
                       of
                       this
                       Kingdom
                       ,
                       fourty
                       pence
                       ,
                       besides
                       that
                       certain
                       sum
                       which
                       according
                       to
                       ancient
                       Custome
                       was
                       formerly
                       given
                       .
                    
                     
                       Item
                       ,
                       Two
                       shillings
                       for
                       every
                       Scarlet
                       ,
                       and
                       Cloth
                       dyed
                       in
                       grain
                       .
                    
                     
                       Item
                       ,
                       Eighteen
                       pence
                       for
                       every
                       Cloth
                       in
                       which
                       part
                       of
                       a
                       grain-colour
                       is
                       intermixt
                       .
                    
                     
                       Item
                       ,
                       Twelve
                       pence
                       for
                       every
                       other
                       Cloth
                       without
                       grain
                       .
                    
                     
                       Item
                       ,
                       Twelve
                       pence
                       for
                       every
                       Quintal
                       of
                       Wax
                       .
                    
                     
                       And
                       whereas
                       some
                       of
                       the
                       said
                       Merchants
                       deal
                       in
                       other
                       Commodities
                       ,
                       as
                       Goods
                       weighed
                       with
                       Avoir-du-pois
                       Weights
                       ,
                       and
                       in
                       other
                    
                     
                     
                       fine
                       Goods
                       ,
                       as
                       Cloth
                       of
                       Tarsen
                       ,
                       of
                       Silk
                       ,
                       of
                       *
                       Cindatis
                       ,
                       of
                       Hair
                       ,
                       and
                       in
                       divers
                       other
                       Merchandizes
                       ,
                       in
                       Horses
                       also
                       ,
                       and
                       other
                       Animals
                       ,
                       Corn
                       ,
                       and
                       other
                       Wares
                       and
                       Merchandizes
                       of
                       different
                       sorts
                       ,
                       which
                       cannot
                       easily
                       be
                       put
                       to
                       a
                       certain
                       rate
                       of
                       Custom
                       ;
                       The
                       said
                       Merchants
                       have
                       consented
                       to
                       give
                       Us
                       and
                       Our
                       Heirs
                       for
                       ever
                       Twenty
                       shillings
                       Estimation
                       and
                       value
                       of
                       those
                       Wares
                       and
                       Merchandizes
                       ,
                       by
                       whatsoever
                       name
                       they
                       be
                       called
                       ,
                       three
                       pence
                       in
                       the
                       pound
                       ,
                       upon
                       the
                       Entrance
                       of
                       their
                       Wares
                       and
                       Merchandizes
                       into
                       Our
                       Kingdom
                       ,
                       and
                       Dominion
                       aforesaid
                       ,
                       within
                       twenty
                       dayes
                       after
                       such
                       Wares
                       and
                       Merchandizes
                       shall
                       be
                       brought
                       into
                       Our
                       Kingdom
                       ,
                       and
                       Dominion
                       aforesaid
                       ,
                       and
                       there
                       shall
                       be
                       unladen
                       ,
                       or
                       sold.
                       And
                       likewise
                       three
                       pence
                       for
                       every
                       twenty
                       shillings
                       ,
                       at
                       the
                       Exporting
                       of
                       what
                       kind
                       soever
                       of
                       Wares
                       or
                       Merchandizes
                       bought
                       in
                       Our
                       Kingdom
                       ,
                       and
                       Dominion
                       aforesaid
                       ,
                       
                       besides
                       the
                       ancient
                       Customs
                       formerly
                       given
                       to
                       Us
                       or
                       to
                       others
                       .
                       And
                       over
                       and
                       above
                       the
                       value
                       and
                       estimation
                       of
                       the
                       said
                       Wares
                       &
                       Merchandizes
                       for
                       which
                       three
                       pence
                       for
                       every
                       twenty
                       shillings
                       as
                       aforesaid
                       are
                       to
                       be
                       paid
                       ;
                       they
                       are
                       to
                       have
                       credit
                       by
                       Letters
                       ,
                       by
                       them
                       to
                       be
                       produced
                       from
                       their
                       Principals
                       or
                       Partners
                       ,
                       and
                       if
                       they
                       have
                       none
                       ,
                       Let
                       it
                       be
                       determined
                       in
                       this
                       case
                       ,
                       by
                       the
                       Oaths
                       of
                       the
                       said
                       Merchants
                       ,
                       or
                       in
                       their
                       absence
                       ,
                       of
                       their
                       Servants
                       .
                    
                     
                       Moreover
                       ,
                       It
                       may
                       be
                       lawful
                       for
                       the
                       Society
                       of
                       the
                       Merchants
                       aforesaid
                       ,
                       to
                       sell
                       Wooll
                       to
                       the
                       fellows
                       of
                       the
                       said
                       Society
                       ,
                       and
                       likewise
                       to
                       buy
                       the
                       same
                       one
                       of
                       another
                       within
                       Our
                       Kingdom
                       and
                       Dominion
                       ,
                       without
                       payment
                       of
                       Custom
                       :
                       Provided
                       that
                       the
                       said
                       Wooll
                       come
                       not
                       to
                       such
                       hands
                       whereby
                       we
                       may
                       be
                       defrauded
                       of
                       Our
                       Customs
                       .
                    
                     
                       And
                       furthermore
                       be
                       it
                       known
                       ,
                       That
                       after
                       the
                       said
                       Merchants
                       have
                       once
                       in
                       any
                       one
                       place
                       within
                       Our
                       Kingdom
                       and
                       Dominion
                       
                       paid
                       our
                       Customs
                       granted
                       ,
                       as
                       aforesaid
                       ,
                       to
                       Us
                       ,
                       for
                       their
                       Merchandizes
                       in
                       form
                       aforesaid
                       ,
                       and
                       thereupon
                       they
                       have
                       their
                       Warrant
                       ,
                       they
                       shall
                       be
                       free
                       ,
                       and
                       unmolested
                       in
                       all
                       other
                       places
                       within
                       Our
                       Kingdom
                       and
                       Dominion
                       ,
                       from
                       payment
                       of
                       the
                       said
                       Custom
                       for
                       the
                       same
                       Commodities
                       or
                       Merchandizes
                       by
                       the
                       said
                       Warrant
                       ,
                       whether
                       such
                       Merchandizes
                       remain
                       within
                       our
                       Kingdom
                       ,
                       and
                       Dominion
                       ,
                       or
                       are
                       carried
                       out
                       ,
                       Except
                       Wines
                       ,
                       which
                       without
                       Our
                       leave
                       or
                       licence
                       ,
                       as
                       aforesaid
                       ,
                       are
                       by
                       no
                       means
                       to
                       be
                       Exported
                       out
                       of
                       Our
                       Kingdom
                       .
                    
                     
                       We
                       will
                       also
                       ,
                       and
                       for
                       Us
                       ,
                       and
                       Our
                       Heirs
                       grant
                       ,
                       That
                       no
                       Exaction
                       ,
                       Prise
                       or
                       or
                       Loan
                       ,
                       or
                       any
                       other
                       burden
                       shall
                       be
                       imposed
                       in
                       any
                       part
                       or
                       measure
                       on
                       the
                       persons
                       of
                       the
                       said
                       Merchants
                       ,
                       their
                       Merchandizes
                       ,
                       or
                       Goods
                       contrary
                       to
                       the
                       form
                       before
                       expressed
                       and
                       granted
                       .
                    
                     
                       Witness
                       hereto
                       ,
                       The
                       Reverend
                       Fathers
                       Robert
                       Archbishop
                       
                       of
                       Canterbury
                       Primate
                       of
                       all
                       
                         England
                         ,
                         Walter
                      
                       Bishop
                       of
                       Coventry
                       and
                       
                         Lichfield
                         ,
                         Henry
                         de
                         Lacy
                      
                       Earl
                       of
                       
                         Lincoln
                         ,
                         Humphrey
                         de
                         Bohun
                      
                       Earl
                       of
                       Hereford
                       and
                       Essex
                       ,
                       and
                       Constable
                       of
                       
                         England
                         ,
                         Adomarus
                      
                       of
                       
                         Valentia
                         ,
                         Galfrid
                      
                       of
                       
                         Geynvil
                         ,
                         Hugh
                         de
                         le
                         Spencer
                         ,
                         Walter
                         de
                         bello
                         Campo
                      
                       Chamberlain
                       of
                       our
                       House
                       ,
                       Robert
                       of
                       Bures
                       ,
                       and
                       others
                       .
                       Given
                       by
                       Our
                       Hand
                       at
                       Westminster
                       the
                       First
                       day
                       of
                       February
                       .
                    
                  
                   
                     
                     
                       Pro
                       Mercatoribus
                       Alienigenis
                       de
                       Libertatibus
                       eis
                       concessis
                       .
                    
                     
                       REX
                       ,
                       
                         Archiepis
                         .
                         &c.
                         Salutem
                         .
                         Circa
                         bonum
                         statum
                         omnium
                         Mercatorum
                         subscriptorum
                         Regnorum
                         ,
                         Cerrarum
                         ,
                         &
                         Provinciarum
                         ,
                         videlicet
                         ,
                      
                       Alemann
                       .
                       Franciae
                       ,
                       Ispanioe
                       ,
                       Portugaliae
                       ,
                       Navarr
                       .
                       Lumbardiae
                       ,
                       Tusciae
                       ,
                       Provinciae
                       ,
                       Catholoniae
                       ,
                       
                         Ducatus
                         nostri
                      
                       Aquitann
                       .
                       Tholosan
                       Tatureini
                       Flandr
                       .
                       Brebant
                       .
                       
                         &
                         omnium
                         aliarum
                         terrarum
                         ,
                         &
                         locorum
                         extraneorum
                         quocunque
                         nomine
                         censeantur
                         ,
                         venientium
                         in
                         Regnum
                         nostrum
                      
                       Angliae
                       
                         &
                         ibidem
                         conversantium
                      
                       .
                    
                     
                       
                         Nos
                         precipua
                         cura
                         solicitat
                         ,
                         qualiter
                         sub
                         nostro
                         dominio
                         tranquilitatis
                         ,
                         &
                         plene
                         securitatis
                         immunitas
                         eisdem
                         Mercatoribus
                         futuris
                         temporibus
                         preparetur
                         :
                         ut
                         itaque
                         vota
                         ipsorum
                         reddantur
                         ad
                         nostra
                         ,
                         &
                         Regni
                         nostri
                         Servicia
                      
                       
                       
                         promptiora
                         ;
                         ipsorum
                         Petitionibus
                         favorabiliter
                         ●…nuentes
                         ,
                         &
                         pro
                         statu
                         eorundem
                         plenius
                         assecurando
                         ,
                         in
                         forma
                         que
                         sequitur
                         ordinantes
                         subscripta
                         ,
                         dictis
                         Mercatoribus
                         pro
                         nobis
                         ,
                         &
                         heredibus
                         nostris
                         in
                         perpetuum
                         durimus
                         concedenda
                         .
                      
                    
                     
                       Imprimis
                       ,
                       
                         Uidelicet
                         ,
                         quod
                         omnes
                         Mercatotes
                         dictorum
                         Regnorum
                         &
                         terrarum
                         salvo
                         ,
                         &
                         secure
                         sub
                         tuitione
                         &
                         protectione
                         nostra
                         in
                         dictum
                         Regnum
                         nostrum
                      
                       Angliae
                       ,
                       
                         &
                         ubique
                         infra
                         potestatem
                         nostram
                         alibi
                         veniant
                         cum
                         Merchandisis
                         suis
                         quibuscunque
                         ,
                         de
                      
                       Muragio
                       ,
                       Pontagio
                       ,
                       &
                       Pavagio
                       ,
                       liberi
                       &
                       quieti
                       :
                       
                         quodque
                         infra
                         idem
                         Regnum
                         &
                         Potestatem
                         nostram
                         ,
                         in
                         Civitatibꝰ
                         ,
                         Burgis
                         &
                         Uillis
                         ,
                         Mercatorijs
                         possint
                         mercari
                         ,
                      
                       duntaxit
                       in
                       grosso
                       ,
                       
                         tam
                         cum
                         Indigenis
                         ,
                         seu
                         Iucolis
                         ejusdem
                         Regni
                         ,
                         &
                         potestatis
                         nostre
                         predicte
                         ,
                         quam
                         cum
                      
                       Alieienigenis
                       extraneis
                       
                       
                         vel
                         privatis
                         .
                         Ita
                         tamen
                         quod
                         Merces
                         que
                         vulgariter
                      
                       Merceriae
                       ,
                       
                         vocantur
                         ac
                      
                       Species
                       ,
                       minaciatim
                       
                         vendi
                         possint
                         ,
                         prout
                         antea
                         fieri
                         consuevit
                         :
                         Et
                         quod
                         omnes
                         predicti
                         Mercatores
                         Merchandisas
                         suas
                         quas
                         ipsos
                         ad
                         predictum
                         Regnum
                         &
                         Potestatem
                         nostram
                         adducere
                         ,
                         seu
                         infra
                         idem
                         Regnum
                         &
                         Potestatem
                         nostram
                         emere
                         ,
                         vel
                         alias
                         adquirere
                         contigerit
                         ;
                         possint
                         quo
                         voluerint
                         ,
                         tam
                         infra
                         Regnum
                         &
                         Potestatem
                         nostram
                         predictam
                         ,
                         quam
                         extra
                         ducere
                         ,
                         seu
                         portare
                         facere
                         ,
                      
                       praeterquam
                       ad
                       terras
                       manifestorum
                       ,
                       &
                       notoriorum
                       hostium
                       Regni
                       nostri
                       ,
                       
                         solvendo
                         consuetudines
                         quas
                         debebunt
                      
                       ,
                       Vinis
                       duntaxit
                       exceptis
                       ,
                       
                         que
                         de
                         eodem
                         Regno
                         ,
                         seu
                         potestate
                         nostra
                         ,
                         postquam
                         infra
                         idē
                         Regnum
                         ,
                         seu
                         Potestatem
                         nostram
                         ducta
                         fuerint
                         ,
                         sine
                         voluntate
                         nostra
                         &
                         licentia
                         speciali
                         ,
                         non
                         liceat
                         eis
                         educere
                         quoquo
                         modo
                         .
                      
                    
                     
                     
                       Item
                       ,
                       
                         quod
                         predicti
                         Mercatores
                         ,
                         in
                         Civitatibus
                         ,
                         Burgis
                         predictis
                         pro
                         voluntate
                         sua
                         hospitari
                         valeant
                         ,
                         &
                         moac
                         U●…llis
                         rari
                         cum
                         bonis
                         suis
                         ,
                         ad
                         gratum
                         ipsorum
                         quorum
                         fuerint
                         hospitia
                         sive
                         domus
                         .
                      
                    
                     
                       Item
                       ,
                       
                         quod
                         quilibet
                         Contractus
                         per
                         ipsos
                         Mercatores
                         cum
                         quibuscunque
                         personis
                         ,
                         undecumque
                         fuerint
                         ,
                         super
                         quocumque
                         genere
                         Merchandisae
                         ,
                         initus
                         ,
                         firmus
                         sit
                         &
                         stabilis
                         ;
                         ita
                         quod
                         neuter
                         Mercatorum
                         ab
                         illo
                         Contractu
                         possit
                         discedere
                         ,
                         vel
                         resilere
                         ,
                         postquam
                      
                       denarius
                       Dei
                       
                         inter
                         principales
                         personas
                         contrahentes
                         ,
                         datus
                         fuerit
                         &
                         receptus
                         .
                         Et
                         si
                         forsan
                         super
                         contractu
                         hujusmodi
                         contentio
                         oriatur
                         ,
                         fiat
                         inde
                         probatio
                         aut
                         Inquisitio
                         secundum
                         usus
                         ,
                         &
                         consuetudines
                         feriarum
                         ,
                         &
                         villarum
                         ubi
                         dictum
                         contractum
                         fieri
                         contigerit
                         ,
                         &
                         iniri
                         .
                      
                    
                     
                       Item
                       ,
                       
                         Promittimus
                         prefatis
                         Mercatoribus
                         pro
                         nobis
                         ,
                         &
                         heredibus
                         nostris
                         ,
                         in
                         perpetuum
                         concedentes
                         ,
                      
                       quod
                       nullam
                       prisam
                       vel
                       arestationem
                       ,
                       seu
                       dilationem
                       occasione
                       prisae
                       de
                       caetero
                       
                       de
                       mercimonijs
                       ,
                       Merchandisis
                       ,
                       seu
                       alijs
                       bonis
                       suis
                       per
                       nos
                       ,
                       vel
                       alium
                       ,
                       seu
                       alios
                       ,
                       pro
                       aliqua
                       necessitate
                       vel
                       casu
                       ,
                       contra
                       voluntatem
                       ipsorum
                       Mercatorum
                       aliquatenus
                       faciemus
                       ,
                       aut
                       fieri
                       patiemur
                       ;
                       nisi
                       statim
                       soluto
                       precio
                       pro
                       quo
                       ipsi
                       Mercatores
                       aliis
                       hujusmodi
                       mercimonia
                       vendere
                       possint
                       ,
                       vel
                       eis
                       alias
                       satisfactio
                       ita
                       quod
                       reputent
                       se
                       contentos
                       ,
                       &
                       quod
                       super
                       mercimonia
                       ,
                       merchandisas
                       ,
                       seu
                       bona
                       ipsorum
                       per
                       nos
                       ,
                       vel
                       ministros
                       nostros
                       ,
                       nulla
                       appreciatio
                       ,
                       aut
                       aestimatio
                       imponetur
                       .
                    
                     
                       Item
                       ,
                       
                         Uolumus
                         quod
                         omnes
                         Ballivi
                         ,
                         &
                         Ministri
                         feriarum
                         Civitatum
                         ,
                         Burgorum
                         ,
                         &
                         Uillarum
                         Mercatoriarum
                         ,
                         mercatoribus
                         ante
                         dictis
                         conquerentibus
                         coram
                         cis
                         ,
                      
                       celerem
                       justitiam
                       faciant
                       de
                       die
                       in
                       diem
                       sine
                       dilatione
                       ,
                       secundum
                       LEGEM
                       MERCATORIAM
                       ,
                       
                         de
                         universis
                         &
                         singulis
                         que
                         per
                         eandem
                         Legem
                         poterunt
                         tetminari
                         .
                         Et
                         si
                         forte
                         inveniatur
                         defectus
                         in
                         aliquo
                         Balivorum
                         vel
                         ministrorum
                      
                       
                       
                         predictorum
                         unde
                         fidem
                         Mercatores
                         ,
                         vel
                         eorum
                         aliquis
                         dileus
                         incommoda
                         sustinuerint
                         ,
                         vel
                         sustinuerit
                         ,
                         licet
                         Mercator
                         versus
                         partem
                         in
                         principali
                         recuperaverit
                         dampna
                         sua
                         ,
                         nichilominus
                         Ballivus
                         ,
                         vel
                         minister
                         alius
                         versus
                         nos
                         ,
                         prout
                         delictum
                         erigit
                         ,
                         puniatur
                         ,
                         &
                         punitionem
                         istam
                         concedimus
                         in
                         favorem
                         mercatorum
                         predictorum
                         ,
                      
                       pro
                       eorum
                       justitia
                       maturanda
                       .
                    
                     
                       Item
                       ,
                       
                         quod
                         in
                         omnibus
                         generibus
                         placitorum
                         ,
                         salvo
                         casu
                         criminis
                         pro
                         quo
                         i●…igenda
                         sit
                         poena
                         mortis
                         ,
                         ubi
                         Mercatur
                         implacitatus
                         fuerit
                         vel
                         alium
                         implacitaverit
                         ,
                         cujuscumque
                         conditionis
                         idem
                         implacitatus
                         extiterit
                         ,
                         extraneus
                         vel
                         privatus
                         ,
                         in
                         Nundinis
                         ,
                         Civitatibus
                         ,
                         sive
                         Burgis
                         ubi
                         fuerit
                         sufficiens
                         copia
                         Mercatorum
                         predictarum
                         terratum
                         ,
                         &
                         Inquisitio
                         fieri
                         debeat
                         ,
                      
                       sit
                       medietas
                       Inquisitionis
                       de
                       eisdem
                       Mercatoribus
                       ,
                       &
                       medietas
                       altera
                       de
                       alijs
                       probis
                       &
                       legalibus
                       hominibus
                       loci
                       illius
                       ,
                       ubi
                       placitum
                       illud
                       esse
                       contigerit
                       :
                       
                         Et
                         si
                         de
                         Mercatoribus
                         dictarum
                         Cerrarum
                         numerus
                      
                       
                       
                         non
                         inveniatur
                         sufficiens
                      
                       ,
                       ponantur
                       in
                       Inquisitione
                       illi
                       qui
                       idonei
                       invenientur
                       ibidem
                       ,
                       &
                       residui
                       sint
                       de
                       aliis
                       bonis
                       hominibus
                       ,
                       &
                       idoneis
                       ,
                       de
                       locis
                       in
                       quibus
                       placitum
                       illud
                       erit
                       .
                    
                     
                       Item
                       ,
                       
                         Uolumꝰ
                         ,
                         Ordinamꝰ
                         ,
                         &
                         Statuimus
                         ,
                         quod
                         in
                         qualibet
                         Uilla
                         Mercatoria
                         ,
                         &
                         feria
                         Regui
                         nostri
                         predicti
                         ,
                         &
                         alibi
                         infra
                         potestatem
                         nostram
                         ,
                      
                       Pondus
                       nostram
                       
                         in
                         certo
                         loco
                         ponatur
                         ,
                         &
                         ante
                         ponderationem
                         Statera
                         in
                         presentia
                         Emptoris
                         &
                         Uenditoris
                         vacua
                         videatur
                         ,
                         &
                         quod
                         brachia
                         sint
                         equalia
                         ,
                         &
                         ex
                         tunc
                         Ponderator
                         ponderet
                         in
                         aequali
                         ,
                         &
                         cum
                         Stateram
                         posuerit
                         in
                         aequali
                         ,
                         statim
                         amo●…eat
                         manus
                         suas
                         ita
                         quod
                         remaneat
                         in
                         aequali
                         ,
                      
                       quodque
                       per
                       totum
                       Regnum
                       ,
                       &
                       potestatem
                       nostram
                       unum
                       sit
                       pondus
                       &
                       una
                       mensura
                       ,
                       &
                       signo
                       Standardi
                       nostri
                       signentur
                       ,
                       &
                       quod
                       quilibet
                       possit
                       habere
                       Stateram
                       unius
                       Quarteroni
                       &
                       infra
                       ,
                       
                         ubi
                         contra
                         Dominum
                         loci
                         ,
                         aut
                         libertatem
                         per
                         Nos
                         ,
                         seu
                         Antecessores
                         nostros
                         concessam
                         illud
                         non
                      
                       
                       
                         fuerit
                         ,
                         sive
                         contra
                         villarum
                         aut
                         feriarum
                         consuetudinem
                         hactenus
                         observatam
                         .
                      
                    
                     
                       Item
                       ,
                       
                         Uolumus
                         ,
                         &
                         concedimus
                         quod
                         aliquis
                         certus
                         homo
                         ,
                         &
                         fidel●…s
                         ,
                         &
                         discretus
                      
                       London
                       
                         residens
                         ,
                         assignetur
                      
                       Justiciarius
                       mercatoribus
                       memoratis
                       ,
                       
                         coram
                         quo
                         valeant
                         specialiter
                         placitare
                         ,
                         &
                         debita
                         sua
                         recuperare
                         celeriter
                         ,
                         si
                         Uicecomites
                         &
                         Majores
                         eis
                         non
                         facerent
                         de
                         die
                         in
                         diem
                         celeris
                         justitiae
                         complementum
                         ,
                         &
                         inde
                         fiat
                         Comissio
                         extra
                         cartam
                         presentem
                         concessa
                         Mercatoribus
                         ante
                         dictis
                         ,
                         scilicet
                         de
                         hijs
                         que
                         sunt
                         inter
                         Merca
                         tores
                         ,
                         &
                         Mercatores
                         ,
                         secundum
                      
                       LEGEM
                       MERCATORIAM
                       deducenda
                       .
                    
                     
                       Item
                       ,
                       
                         Ordinamus
                         ,
                         &
                         Statuimus
                         ,
                         &
                         Ordinationem
                         illam
                         statutumque
                      
                       pro
                       Nobis
                       &
                       Heredibus
                       nostris
                       in
                       perpetuum
                       Voluimus
                       firmiter
                       observari
                       ,
                       
                         quod
                         pro
                         quacunque
                         libertate
                         quam
                         Nos
                         vel
                         Veredes
                         nostri
                         de
                         caeter●…
                         concedimus
                         ,
                         prefati
                         Mercatores
                         supra-scriptas
                         Libertates
                         ,
                         vel
                         earum
                         aliquam
                         non
                         amittant
                         .
                      
                    
                     
                     
                       
                         Pro
                         supradictis
                         autem
                         libertatibus
                         &
                         liberis
                         consuetudinibus
                         optinendis
                         ,
                         &
                         Priūs
                         nostris
                         remittendis
                         eisdem
                         saepedicti
                         Mercatores
                         universi
                         &
                         singuli
                         pro
                         se
                         &
                         omnibus
                         alijs
                         de
                         partibus
                         suis
                         ,
                         Nobis
                         concorditer
                         &
                         unanimiter
                         concesserunt
                         quod
                         de
                         quolibet
                      
                       Dolio
                       vini
                       
                         quod
                         adducent
                         ,
                         vel
                         adduci
                         facient
                         infra
                         Regnum
                         ,
                         &
                         Potestatem
                         nostram
                         ,
                      
                       &
                       unde
                       Marinariis
                       frettum
                       solvere
                       tenebuntur
                       ,
                       
                         solvent
                         Nobis
                         &
                         heredibus
                         nostris
                      
                       nomine
                       Custumae
                       ,
                       
                         duos
                         Solidos
                         ultra
                         antiquas
                         Custumas
                         debitas
                         ,
                         &
                         in
                         Denarijs
                         solvi
                         consuetas
                         ,
                         nobis
                         aut
                         alijs
                         infra
                         quadraginta
                         dies
                         postquam
                         extra
                         Naves
                         ad
                         Certam
                         posita
                         fuerint
                         dicta
                         vina
                         .
                      
                    
                     
                       Item
                       ,
                       
                         de
                         quolibet
                      
                       Sacco
                       Lanae
                       
                         quem
                         dicti
                         Mercatores
                         ,
                         aut
                         alij
                         nomine
                         ipsorum
                         ement
                         ,
                         &
                         de
                         Regno
                         nostro
                         educent
                         ,
                         aut
                         emi
                         ,
                         &
                         educi
                         facient
                         ,
                         solvent
                      
                       quadraginta
                       Denarios
                       
                         de
                         incremento
                         ,
                         ultra
                         Custumam
                         antiquam
                      
                       dimidiae
                       Marcae
                       
                       
                         que
                         prius
                         fuerat
                         persoluta
                         :
                         Et
                         pro
                         Lasto
                         Coriorum
                         extra
                         Regnum
                         ,
                         &
                         Potestatem
                         nostram
                         vehendorum
                         dimidiam
                         Marcam
                         ,
                         supra
                         id
                         quod
                         ex
                         antiqua
                         Custuma
                         antea
                         solvebatur
                         ;
                         Et
                         similiter
                         de
                         trescentis
                         pellibus
                         Lanutis
                         ,
                         extra
                         Regnum
                         &
                         Potestatem
                         nostram
                         ,
                         deducendis
                         ,
                         quadraginta
                         denarios
                         ultra
                         certum
                         illud
                         quod
                         de
                         antiqua
                         Custuma
                         fuerat
                         prius
                         datum
                         .
                      
                    
                     
                       Item
                       ,
                       
                         duos
                         Solidos
                         de
                      
                       qualibet
                       Scarleta
                       ,
                       
                         &
                         panno
                         tincto
                         in
                         grano
                      
                       .
                    
                     
                       Item
                       ,
                       
                         Decem
                         &
                         octo
                         denarios
                         de
                         quolibet
                         panuo
                         in
                         quo
                      
                       pars
                       grani
                       fuerit
                       intermixta
                       .
                    
                     
                       Item
                       ,
                       
                         Duodecim
                         denarios
                         de
                         quolibet
                         panno
                         alio
                      
                       sine
                       grano
                       .
                    
                     
                       Item
                       ,
                       
                         Duodecim
                         denarios
                         de
                         quolibet
                      
                       Cerae
                       quintallo
                       .
                    
                     
                       Cumque
                       
                         de
                         prefatis
                         Mercatoribus
                         nonnulli
                         eorum
                         alias
                         exerceant
                         Merchandisas
                         ,
                         ut
                         de
                         Aberio
                         ponderis
                         ,
                         &
                         de
                         alijs
                         rebus
                         ,
                         subtilibus
                      
                       
                       
                         sicut
                         de
                         pannis
                         Carsen
                         .
                         de
                         Serico
                         ,
                         de
                         Cindatis
                         ,
                         de
                         Seta
                         ,
                         &
                         alijs
                         diversis
                         mercibus
                         ,
                         &
                         de
                         equis
                         etiam
                         ,
                         ac
                         alijs
                         animalibus
                         Blado
                         ,
                         &
                         alijs
                         rebus
                         ,
                         &
                         Merchandisis
                         ,
                         multimodis
                         ,
                         que
                         ad
                         certam
                         Custumam
                         facile
                         pon●…
                         non
                         poterunt
                         ,
                         i●…dem
                         Mercatores
                         concesserunt
                         dare
                         Nobis
                         ,
                         &
                         Heredibus
                         nostris
                         de
                         qualibet
                         libra
                         argenti
                         estimationis
                         seu
                         valoris
                         rerum
                         ,
                         &
                         Merchandisarum
                         hujusmodi
                         quocunque
                         nomine
                         censeantur
                         ,
                      
                       tres
                       denarios
                       de
                       libra
                       
                         in
                         introitu
                         rerum
                         ,
                         &
                         Merchandisarum
                         ipsarum
                         in
                         Regnum
                         ,
                         &
                         Potestatem
                         nostram
                         predictam
                         infra
                         Uiginti
                         dies
                         ,
                         postquam
                         hujusmodi
                         Res
                         &
                         Merchand
                         sae
                         in
                         Regnum
                         &
                         Potestatem
                         nostram
                         adducte
                         ,
                         &
                         etiam
                         ibidem
                         eroneratae
                         ,
                         sive
                         venditae
                         fuerint
                      
                       ;
                       Et
                       Similiter
                       
                         tres
                         denarios
                         de
                         qualibet
                         libra
                         argenti
                         in
                         eductione
                         quarumcunque
                         rerum
                         ,
                         &
                         Merchandisarum
                         hujusmodi
                         ●…mptarum
                         in
                         Regno
                         ,
                         &
                         Potestate
                         nostra
                         predictis
                         ,
                         ultra
                         Custumas
                         antiquas
                         nobis
                         ,
                         aut
                         alijs
                         ante
                         datas
                         .
                      
                       Et
                       super
                       
                         valore
                         ,
                         &
                         estimatione
                         rerum
                         &
                         Merchandi
                      
                       
                       
                         sarum
                         hujusmodi
                         ,
                         de
                         quibus
                         tres
                         denarij
                         de
                         qualibet
                         ●…bra
                         argenti
                         sicut
                         predicitur
                         sunt
                         solvendi
                         ;
                         credatur
                         eis
                         per
                         literas
                         quas
                         de
                         Dominis
                         aut
                         socijs
                         suis
                         ostendere
                         poterunt
                         ,
                         &
                         si
                         literas
                         non
                         habeant
                         ,
                         Stetur
                         in
                         hac
                         parte
                         ipsorum
                         Meccatorum
                         si
                         presentes
                         fuerint
                         ,
                         vel
                         vallettorum
                         suorum
                         in
                         eorundem
                         Mercatorum
                         absentia
                         juramentis
                         .
                      
                    
                     
                       Liceat
                       
                         insuper
                         Socijs
                         de
                         Societate
                         Mercaturum
                         predictorum
                         infra
                         Regnum
                         ,
                         &
                         Potestatem
                         nostram
                         predictam
                         ,
                         lanas
                         vendere
                         alijs
                         socijs
                         suis
                         ,
                         &
                         similiter
                         emere
                         ab
                         eisdem
                         absque
                         Custuma
                         solvenda
                         ;
                         ita
                         tamen
                         quod
                         dictae
                         La●…ae
                         ad
                         tales
                         manus
                         non
                         deveniant
                         ,
                         quod
                         Custuma
                         nobis
                         debita
                         defraud●…mur
                         .
                      
                    
                     
                       Et
                       praeteria
                       est
                       sciendum
                       ,
                       
                         quod
                         postquam
                         saepedicti
                         Mercatores
                         semel
                         in
                         uno
                         loco
                         infra
                         Regnum
                         &
                         Potestatem
                         nostram
                         Custumam
                      
                       
                       
                         nobis
                         concessam
                         superius
                         ,
                         pro
                         Merchandisis
                         suis
                         in
                         forma
                         solverint
                         supradicta
                         &
                         suam
                         habeant
                         inde
                      
                       Warrantum
                       ,
                       
                         erunt
                         liberi
                         &
                         quieti
                         in
                         omnibus
                         alijs
                         locis
                         infra
                         Regnum
                         ,
                         &
                         Potestatem
                         nostram
                         predictam
                         ,
                         de
                         solutione
                         Custumae
                         hujusmodi
                         pro
                         eisdem
                         Merchandisis
                         ,
                         seu
                         mercimonijs
                         per
                         idem
                         Warrantum
                         ,
                         sive
                         hujusmodi
                         Merchandisae
                         infra
                         Regnum
                         ,
                         &
                         Potestatem
                         nostram
                         remaneant
                         ,
                         sive
                         exterius
                         deferantur
                         ,
                         Exceptis
                         vinis
                         ,
                         que
                         de
                         Regno
                         &
                         Potestate
                         nostra
                         predictis
                         ,
                         sine
                         voluntate
                         &
                         licentia
                         nostra
                         sicut
                         predictum
                         est
                         ,
                         nullatenus
                         educantur
                         .
                      
                    
                     
                       Volumus
                       autem
                       ac
                       pro
                       Nobis
                       &
                       Heredibus
                       nostris
                       concedimus
                       ,
                       
                         quod
                         nulla
                         exactio
                         ,
                         Prisa
                         vel
                         Prestatio
                         ,
                         aut
                         aliquod
                         aliud
                         onus
                         super
                         personas
                         Mercatorum
                         predictorum
                         ,
                         Merchandisas
                         ,
                         seu
                         bona
                         eorundem
                         aliquatenus
                         imponatur
                         ,
                         contra
                         formam
                         expressam
                         superius
                         ,
                         &
                         concessam
                         .
                      
                    
                     
                       
                         〈◊〉
                         testibus
                         venerabilibus
                         Patribus
                      
                       Roberto
                       Cantuariensi
                       
                       
                         Archiepiscopo
                         totius
                      
                       Angliae
                       Primatae
                       ,
                       Waltero
                       Coventr
                       .
                       &
                       Litchf
                       .
                       Episcopo
                       ,
                       Henrie
                       de
                       Lacy
                       ,
                       Comite
                       Lincoln
                       .
                       Humfrido
                       de
                       Bohun
                       Comite
                       Hereford
                       .
                       &
                       Essex
                       ,
                       
                         ac
                         Corstabular
                      
                       .
                       Angl.
                       Adomar
                       .
                       de
                       Valencia
                       ,
                       Galfrido
                       de
                       Geynvill
                       ,
                       Hugone
                       le
                       de
                       Spencer
                       ,
                       Waltero
                       de
                       bello
                       Campo
                       
                         Senescallo
                         Hospitij
                         nostri
                      
                       ,
                       Roberto
                       de
                       Bures
                       
                         &
                         alijs
                         .
                         Dat.
                         per
                         manum
                         nostram
                         apud
                      
                       Westm.
                       
                         primo
                         die
                         Febr.
                      
                       
                    
                  
                
              
            
          
           
             VIII
             .
             Subsidy
             is
             a
             Duty
             payable
             for
             Merchandizes
             
             Exported
             and
             Imported
             ,
             granted
             by
             Act
             of
             Parliament
             for
             the
             life
             of
             the
             King.
             And
             are
             ,
          
           
             1.
             
             Ayds
             and
             Subsidies
             payable
             out
             of
             Native
             Commodies
             Exported
             and
             Imported
             .
          
           
             2.
             
             Tunnage
             ,
             which
             is
             a
             Subsidy
             out
             of
             Wines
             of
             all
             sorts
             ;
             and
             Poundage
             ,
             which
             is
             a
             Subsidy
             granted
             out
             of
             all
             Commodities
             Exported
             and
             Imported
             ,
             except
             
             Wines
             and
             ancient
             Staple
             Commodities
             ,
             and
             is
             the
             20th
             part
             of
             the
             Merchandize
             ,
             Imposts
             or
             Duties
             payable
             for
             Merchandizes
             rated
             and
             assessed
             by
             Parliament
             ;
             and
             then
             they
             are
             in
             the
             nature
             of
             Subsidies
             imposed
             by
             the
             Kings
             Prerogative
             .
          
           
             The
             Rates
             are
             generally
             agreed
             on
             by
             the
             Commons
             House
             of
             Parliament
             ,
             and
             are
             exprest
             in
             a
             Book
             commonly
             called
             the
             
               Rates
               of
               Merchandize
            
             ;
             that
             is
             to
             say
             ,
             the
             Subsidy
             of
             Tonnage
             and
             Poundage
             ,
             and
             the
             Subsidy
             of
             Woollen
             Cloathes
             or
             old
             Drapery
             ,
             and
             are
             subscribed
             with
             the
             hand
             of
             the
             Speaker
             .
          
           
             IX
             .
             All
             Merchant-Strangers
             bringing
             in
             any
             sort
             of
             
             Wines
             ,
             are
             to
             pay
             Thirty
             shillings
             in
             the
             Tun
             over
             and
             above
             the
             Rates
             which
             the
             Natives
             pay
             ,
             including
             Twenty
             shillings
             the
             Tun
             formerly
             paid
             to
             His
             Majesty
             by
             the
             name
             Southampton
             Duties
             ,
             for
             all
             Wines
             of
             the
             growth
             of
             the
             Levant
             ;
             for
             which
             sort
             of
             Wines
             ,
             the
             Stranger
             is
             also
             to
             pay
             to
             the
             use
             of
             the
             Town
             of
             Southampton
             for
             every
             Butt
             or
             Bipe
             Ten
             shillings
             .
          
           
             Aliens
             are
             like
             wise
             to
             pay
             the
             ancient
             Duty
             of
             Butlerage
             ,
             
             which
             is
             2
             s.
             per
             Tun.
             
          
           
             
               Rule
               ,
               That
               all
               such
               Wines
               as
               shall
               be
               landed
               in
               any
               of
               the
               Out
               Ports
               ,
               and
               Custome
               paid
               ,
               and
               afterwards
               brought
               to
               the
               Port
               of
            
             London
             
               by
               Certificate
               ,
               shall
               pay
               so
               much
               more
               Custome
               as
               they
               paid
               short
               of
               the
               Duty
               due
               in
               the
               Port
               of
            
             London
             .
          
           
             For
             every
             Tun
             of
             Beer
             to
             be
             Exported
             in
             shipping
             
             English
             built
             in
             money
             must
             be
             paid
             Two
             shillings
             :
             And
             for
             every
             Tun
             of
             Beer
             Exported
             in
             any
             other
             shipping
             in
             money
             six
             shillings
             .
          
           
             X.
             If
             there
             shall
             happen
             to
             be
             brought
             or
             carried
             out
             of
             this
             Realm
             any
             Goods
             lyable
             to
             the
             payment
             of
             
             Custome
             and
             Subsidy
             which
             are
             omitted
             in
             the
             Book
             of
             Rates
             ,
             or
             are
             not
             now
             used
             to
             be
             brought
             in
             or
             carried
             out
             ,
             or
             by
             reason
             of
             the
             great
             diversity
             of
             the
             value
             of
             some
             Goods
             could
             not
             be
             Rated
             ;
             That
             in
             such
             case
             every
             Customer
             or
             Collector
             for
             the
             time
             being
             ,
             shall
             and
             may
             levy
             the
             said
             Custome
             and
             Subsidy
             of
             Poundage
             according
             to
             the
             value
             and
             price
             of
             such
             Goods
             to
             be
             affirmed
             upon
             the
             Oath
             of
             the
             Merchant
             in
             the
             presence
             of
             the
             Customer
             ,
             Collector
             ,
             Comptroller
             and
             Surveyor
             ,
             or
             any
             two
             of
             them
             .
          
           
             XI
             .
             Every
             Englishman
             shall
             pay
             for
             every
             short
             
             Cloth
             containing
             in
             length
             not
             above
             28
             Yards
             ,
             and
             in
             weight
             not
             above
             64
             l.
             white
             or
             coloured
             by
             him
             to
             be
             shipped
             and
             carried
             out
             of
             this
             Kingdom
             ,
             Three
             shillings
             four
             pence
             ,
             being
             after
             the
             rate
             of
             two
             farthings
             and
             half
             a
             farthing
             the
             pound
             weight
             .
          
           
             And
             so
             after
             that
             rate
             for
             all
             other
             sorts
             of
             Clothes
             
             of
             greater
             length
             and
             weight
             ,
             allowing
             not
             above
             Twenty
             eight
             yards
             ,
             and
             sixty
             four
             pound
             to
             a
             short
             Cloth
             ;
             that
             is
             to
             say
             ,
             for
             every
             pound
             weight
             over
             and
             above
             sixty
             four
             pound
             ,
             two
             farthings
             and
             a
             half
             farthing
             :
             and
             for
             all
             other
             sorts
             of
             lesser
             Clothes
             to
             be
             allowed
             to
             a
             short
             Cloth
             ;
             that
             is
             to
             say
             ,
             every
             Stranger
             shall
             pay
             for
             every
             short
             Cloth
             
               cont
               '
            
             in
             length
             not
             above
             28
             yards
             ,
             and
             in
             weight
             not
             above
             64
             l.
             white
             or
             coloured
             by
             him
             to
             be
             shipped
             or
             carried
             out
             of
             this
             Kingdom
             ,
             Six
             shillings
             eight
             pence
             ,
             besides
             the
             old
             duty
             of
             one
             shilling
             and
             two
             pence
             .
          
           
             And
             so
             after
             that
             rate
             for
             all
             other
             sorts
             of
             Clothes
             of
             greater
             length
             and
             weight
             ;
             and
             for
             all
             sorts
             of
             lesser
             Clothes
             to
             be
             allowed
             to
             a
             short
             Cloth
             :
             That
             is
             to
             say
             ,
          
           
             Dorset
             and
             
               Somerset
               Dozens
               ,
               Rudge
               washt
               ,
               Cardinals
               ,
               Pin-whites
               ,
               Straites
               ,
               Statutes
               Stockbridge
               ,
               Tavestock
               ,
            
             seven
             of
             each
             sort
             shall
             be
             allowed
             to
             a
             short
             Cloth.
             
          
           
             
               Tauntons
               ,
               Bridgwaters
            
             ,
             and
             Dunstars
             ,
             the
             5.
             not
             exceeding
             64
             l.
             in
             weight
             ;
             Devon.
             Dozens
             containing
             12
             or
             13
             yards
             ,
             in
             weight
             13
             l.
             Five
             to
             be
             allowed
             to
             a
             short
             Cloth.
             
          
           
             Ordinary
             Pennystones
             ,
             or
             
               Forrest
               Whites
               cont
               '
            
             between
             12
             or
             13
             yards
             ,
             and
             in
             weight
             28
             pounds
             ,
             
               Shorting
               Penystones
               cont
               '
            
             13
             or
             14
             yards
             ,
             and
             in
             weight
             35
             pounds
             unfreized
             ,
             Four
             to
             be
             allowed
             to
             a
             short
             Cloth.
             
          
           
             Narrow
             Yorkshire
             Kersies
             Whites
             and
             Reds
             
               cont
               '
            
             ,
             not
             above
             17
             or
             18
             yards
             ,
             and
             in
             weight
             22
             pound
             .
             Hampshire
             Ordinary
             Kersies
             ,
             Newberry
             Whites
             ,
             and
             other
             Kersies
             of
             like
             making
             
               cont
               '
            
             24
             yards
             ,
             and
             in
             weight
             28
             l.
             Sorting
             Hamshire
             Kersies
             
               cont
               '
            
             28
             pound
             ,
             and
             in
             weight
             32
             pound
             ;
             Three
             of
             them
             to
             make
             a
             short
             Cloth.
             
          
           
             Northern
             Dozens
             ,
             single
             sorting
             
               Penystons
               cont
               '
            
             ,
             between
             13
             and
             15
             yards
             ,
             and
             in
             weight
             53
             pound
             Frized
             ,
             Two
             of
             them
             to
             make
             a
             short
             Cloth.
             
          
           
           
             And
             the
             Northern
             Dozens
             double
             ;
             one
             to
             be
             accounted
             for
             a
             short
             Cloth.
             
          
           
             All
             which
             shall
             go
             and
             be
             accounted
             for
             short
             Clothes
             ,
             and
             shall
             pay
             after
             the
             rate
             of
             the
             short
             Cloth
             before
             rated
             ,
             and
             for
             over
             weight
             2.
             farthings
             and
             one
             half
             the
             pound
             .
          
           
             The
             New
             sort
             of
             Cloth
             called
             the
             Spanish
             Cloth
             ,
             otherwise
             Narrow
             List
             ,
             Western
             Broad
             Cloth
             not
             exceeding
             25
             yards
             in
             length
             ,
             and
             43
             pounds
             in
             weight
             ,
             to
             be
             accounted
             two
             thirds
             of
             the
             short
             Cloth
             before
             rated
             .
          
           
             And
             for
             every
             pound
             weight
             exceeding
             43
             pounds
             ,
             two
             farthings
             and
             half
             a
             farthing
             the
             pound
             weight
             .
          
           
             Cloth
             Rashes
             alias
             Cloth
             Serges
             
               cont
               '
            
             30
             yards
             weighing
             40
             pound
             ,
             to
             be
             accounted
             two
             thirds
             of
             the
             short
             Cloth
             before
             rated
             .
          
           
             And
             for
             every
             pound
             exceeding
             40
             pound
             weight
             ,
             two
             farthings
             and
             half
             a
             farthing
             the
             pound
             weight
             .
          
           
             And
             for
             any
             other
             sort
             of
             Woollen
             Cloth
             of
             the
             Old
             or
             New
             Drapery
             ,
             and
             not
             mentioned
             in
             that
             Book
             ,
             to
             pay
             two
             farthings
             and
             half
             a
             farthing
             the
             pound
             weight
             ,
             And
             for
             any
             other
             sort
             of
             Woollen
             Cloth
             of
             the
             Old
             or
             New
             Drapery
             and
             not
             mentioned
             ,
             is
             to
             pay
             2
             farthings
             and
             half
             a
             farthing
             for
             the
             Subsidy
             of
             every
             pound
             thereof
             .
          
        
         
           
           
             CHAP.
             XIII
             .
             
               Of
               Impositions
               Subsequent
               ,
               Conditional
               ,
               Temporary
               ,
            
             &c.
             
          
           
             
               
                 
                   I.
                   Of
                   Impositions
                   on
                   the
                   Manufactures
                   of
                   France
                   by
                   
                     Lex
                     talionis
                  
                   .
                
                 
                   II.
                   On
                   Vineger
                   ,
                   Perry
                   ,
                   Cider
                   and
                   Rape
                   ,
                   Customes
                   payable
                   by
                   Denizens
                   and
                   Strangers
                   ,
                   and
                   Logwood
                   made
                   Importable
                   .
                
                 
                   III.
                   On
                   Ships
                   that
                   have
                   not
                   two
                   Decks
                   ,
                   and
                   16
                   Guns
                   .
                
                 
                   IV.
                   On
                   Salt
                   ,
                   Beer
                   ,
                   Cider
                   ,
                   Perry
                   ,
                   Vinegar
                   ,
                   a
                   further
                   Duty
                   .
                
                 
                   V.
                   Of
                   the
                   Duty
                   called
                   Coynage
                   ,
                   and
                   upon
                   what
                   impos'd
                   ;
                   and
                   the
                   Temporary
                   Imposition
                   called
                   the
                   Additional
                   Duty
                   .
                
                 
                   VI.
                   Of
                   Goods
                   particular
                   Imported
                   by
                   Aliens
                   ;
                   And
                   Rules
                   for
                   petty
                   Customes
                   and
                   other
                   matters
                   relating
                   to
                   Duties
                   .
                
                 
                   VII
                   .
                   Of
                   Aliens
                   Customes
                   on
                   Fish
                   and
                   other
                   Commodities
                   ,
                   and
                   rates
                   upon
                   the
                   same
                   .
                
                 
                   VIII
                   .
                   Impositions
                   on
                   Forraign
                   Liquors
                   ,
                   and
                   Rates
                   on
                   the
                   same
                   .
                
                 
                   IX
                   .
                   Of
                   Native
                   Commodities
                   ,
                   and
                   such
                   as
                   were
                   formerly
                   prohibited
                   may
                   be
                   transported
                   ,
                   paying
                   certain
                   Duties
                   .
                
                 
                   X.
                   Beer
                   ,
                   &c.
                   Exported
                   ;
                   Skins
                   ,
                   Leather
                   ,
                   &c.
                   
                   Transportable
                   ,
                   paying
                   such
                   Duties
                   —
                   Bulloign
                   and
                   Coyn
                   onely
                   excepted
                   .
                
                 
                   XI
                   .
                   Of
                   Spices
                   Importable
                   by
                   any
                   Nation
                   .
                
                 
                   XII
                   .
                   Of
                   Great
                   and
                   lesser
                   Officers
                   Fees
                   ,
                   and
                   of
                   Goods
                   not
                   paying
                   one
                   pound
                   Custome
                   in
                   or
                   out
                   ,
                   what
                   Fees
                   to
                   be
                   taken
                   .
                
                 
                   XIII
                   .
                   Voluntary
                   Gifts
                   from
                   some
                   esteemed
                   no
                   Bribes
                   ;
                   and
                   Rates
                   about
                   payment
                   of
                   Fees.
                   
                
                 
                   XIV
                   .
                   Of
                   Allowances
                   for
                   Jury
                   ,
                   what
                   .
                
              
            
          
           
             THere
             are
             several
             Duties
             imposed
             subsequent
             to
             the
             Duties
             payable
             by
             the
             Book
             of
             Rates
             ,
             and
             over
             and
             
             above
             the
             same
             ;
             That
             is
             to
             say
             ,
             on
             all
             Ships
             belonging
             to
             the
             French
             King's
             Subjects
             ,
             which
             shall
             lade
             or
             unlade
             any
             Goods
             in
             this
             Kingdome
             ,
             or
             set
             on
             shore
             or
             take
             in
             any
             Passenger
             ,
             to
             pay
             10
             s.
             per
             Tun
             ;
             This
             was
             an
             Oliver
             for
             a
             Rowland
             ,
             the
             French
             King
             having
             done
             us
             the
             like
             kindness
             ,
             by
             imposing
             the
             value
             of
             50
             Solz
             
             on
             every
             English
             Ship
             ;
             this
             complyment
             lasts
             but
             3.
             weeks
             longer
             then
             the
             French
             Kings
             ,
             his
             remov'd
             ,
             ours
             drops
             .
          
           
           
             II.
             So
             likewise
             on
             Vinegar
             ,
             Perry
             ,
             Rape
             ,
             Cider
             ,
             and
             Cider-eager
             imported
             from
             Forraign
             Parts
             
               per
               English
            
             ,
             
             shall
             answer
             Six
             pounds
             ten
             shillings
             per
             Tun
             ;
             if
             by
             Strangers
             ,
             then
             but
             six
             pounds
             .
          
           
             But
             if
             they
             shall
             Export
             ,
             then
             Three
             pounds
             ten
             shillings
             per
             Tun
             shall
             be
             repaid
             to
             the
             English
             ,
             and
             Four
             
             pounds
             fifteen
             shillings
             to
             be
             repaid
             to
             strangers
             .
          
           
             The
             Statute
             of
             Eliz.
             Cap.
             prohibiting
             the
             Importation
             of
             Logwood
             Repealed
             ;
             and
             the
             same
             may
             be
             Imported
             paying
             5
             l.
             per
             Tun
             :
             and
             in
             case
             of
             Exportation
             
             then
             to
             be
             repaid
             4
             l.
             per
             Tun.
             
          
           
             III.
             The
             Parliament
             taking
             likewise
             again
             into
             consideration
             the
             encouragement
             of
             Trading
             in
             Ships
             of
             force
             ,
             have
             imposed
             on
             all
             Goods
             and
             Merchandize
             Imported
             and
             Exported
             ,
             from
             and
             to
             the
             Mediterranean
             Sea
             ,
             beyond
             Malaga
             ,
             in
             any
             Ship
             that
             hath
             not
             two
             Decks
             and
             16
             Pieces
             of
             Ordnance
             mounted
             ,
             and
             two
             men
             to
             each
             Gun
             ,
             to
             pay
             over
             and
             above
             the
             Rates
             imposed
             by
             the
             Book
             of
             Rates
             one
             
               per
               Cent
               '
            
             ;
             This
             does
             not
             extend
             to
             Ships
             laden
             with
             Fish
             ,
             or
             half
             laden
             with
             
             Fish
             and
             other
             Commodities
             .
          
           
             V.
             So
             likewise
             on
             Salt
             out
             of
             Scotland
             into
             England
             ,
             one
             half-penny
             
               per
               Gallon
            
             .
          
           
             Again
             ,
             There
             is
             imposed
             on
             Wines
             ,
             Vinegar
             ,
             Cider
             ,
             and
             Beer
             ,
             Ten
             shillings
             per
             Tun
             ;
             and
             on
             Brandy
             and
             Strong
             Waters
             20
             s.
             per
             Tun.
             For
             the
             Coinage
             Duty
             ,
             the
             moneys
             that
             arises
             on
             this
             Duty
             is
             to
             be
             paid
             at
             the
             Custome-House
             to
             the
             Collectors
             and
             other
             Officers
             ,
             to
             be
             by
             them
             kept
             apart
             from
             all
             other
             Moneys
             ,
             and
             paid
             Quarterly
             into
             the
             Exchequer
             without
             Salary
             or
             Fee
             :
             The
             Goods
             are
             forfeitable
             for
             non-payment
             of
             this
             Duty
             ;
             
             and
             the
             same
             is
             to
             be
             repaid
             if
             the
             Goods
             are
             transported
             within
             one
             year
             .
          
           
             There
             is
             likewise
             an
             Imposition
             of
             12
             l.
             per
             Tun
             on
             
             Spanish
             Wines
             ,
             and
             8
             l.
             per
             Tun
             on
             French
             Wines
             and
             Vinegar
             ;
             but
             that
             is
             but
             temporary
             ,
             and
             ends
             the
             24
             th
             of
             June
             ,
             1678.
             
          
           
           
             VI.
             There
             is
             also
             Duties
             payable
             by
             Aliens
             for
             
             Goods
             Imported
             in
             Aliens
             Ships
             ,
             commonly
             called
             
               Navigation
               Duties
            
             .
          
           
             So
             likewise
             all
             Goods
             of
             the
             growth
             ,
             production
             or
             Manufacture
             of
             Muscovia
             or
             Russia
             ,
             and
             also
             of
             Turkey
             .
          
           
             Note
             ,
             That
             in
             all
             cases
             where
             petty
             Custome
             inwards
             is
             payable
             ,
             it
             is
             to
             be
             understood
             of
             the
             fourth
             part
             of
             
             the
             full
             Subsidy
             according
             to
             the
             rates
             and
             value
             in
             the
             Book
             of
             Rates
             before
             the
             5.
             
               per
               Cent.
            
             is
             deducted
             .
          
           
             Note
             .
             Wines
             of
             all
             sorts
             Imported
             are
             to
             pay
             Aliens
             
             Duties
             .
          
           
             Note
             .
             That
             the
             Nett
             Subsidy
             of
             Vinegar
             ,
             Perry
             ,
             Rape
             ,
             Cider
             ,
             and
             Cider-eager
             both
             in
             London
             and
             out
             
             Ports
             ,
             is
             the
             same
             with
             the
             Subsidy
             of
             French
             Wines
             ,
             payable
             in
             London
             .
          
           
             VII
             .
             So
             likewise
             there
             is
             a
             further
             Imposition
             called
             Aliens
             Custome
             for
             all
             Fish
             ,
             Fish
             Oyl
             ,
             Blubber
             ,
             Whale-bone
             ,
             
             or
             Whale-fins
             ,
             not
             being
             caught
             in
             vessels
             belonging
             to
             Englishmen
             ,
             are
             to
             pay
             double
             Strangers
             Custome
             .
          
           
             So
             likewise
             Custome
             and
             Impost
             to
             be
             paid
             for
             several
             
             sorts
             of
             salted
             or
             dryed
             Fish
             not
             imported
             in
             Ships
             English
             built
             ,
             or
             belonging
             to
             England
             ,
             and
             not
             having
             been
             stifled
             and
             caught
             in
             such
             Ships
             .
          
           
             Upon
             which
             ACT
             ,
             Note
             ,
             That
             the
             5.
             
               per
               Cent.
            
             is
             not
             
             to
             be
             allowed
             out
             of
             the
             Petty
             Custome
             .
          
           
             VIII
             .
             There
             is
             likewise
             an
             Excise
             or
             Impost
             upon
             Forraign
             Liquors
             imported
             ;
             That
             is
             to
             say
             ,
             Beer
             or
             
             Ale
             6
             s.
             per
             Barrel
             ;
             Cyder
             or
             Perry
             the
             Tun
             ten
             shillings
             ;
             Brandy
             or
             Strong
             Waters
             perfectly
             made
             8
             d.
             per
             Gallon
             .
          
           
             If
             any
             of
             those
             Goods
             be
             landed
             before
             those
             Duties
             be
             fully
             paid
             and
             Warrants
             signed
             ,
             and
             without
             presence
             
             
             of
             an
             Officer
             ,
             they
             are
             forfeited
             ,
             the
             Informer
             half
             .
          
           
             IX
             .
             There
             is
             likewise
             Duties
             imposed
             on
             several
             Commodities
             Exported
             by
             several
             Acts
             of
             Parliament
             subsequent
             to
             the
             Act
             of
             Tunnage
             and
             Poundage
             .
          
           
             Coals
             Transported
             in
             English
             Shipping
             and
             Navigation
             for
             his
             Majesties
             Plantations
             in
             lieu
             of
             all
             Custome
             ,
             shall
             pay
             onely
             for
             one
             Chaldron
             of
             New-Castle
             Measure
             
             1
             s.
             8
             d.
             For
             one
             Chaldron
             London
             Measure
             1
             s.
             Provided
             good
             Security
             be
             given
             for
             landing
             the
             said
             Coales
             accordingly
             .
          
           
             There
             are
             likewise
             several
             Native
             Commodities
             and
             
             Cattle
             prohibited
             by
             divers
             Acts
             of
             Parliament
             not
             to
             be
             Transported
             unless
             sold
             under
             such
             prices
             ;
             but
             
               non
               obstante
            
             they
             may
             now
             be
             Exported
             ,
             paying
             Custome
             according
             to
             the
             Book
             of
             Rates
             .
          
           
             X.
             There
             is
             likewise
             an
             Imposition
             on
             Beer
             ,
             Ale
             and
             
             Mum
             to
             be
             Exported
             ,
             to
             pay
             1
             s.
             per
             Tun
             and
             no
             more
             ;
             But
             this
             is
             but
             tempore
             for
             6.
             years
             .
          
           
             So
             likewise
             Leather
             of
             all
             sorts
             ,
             Sheep-skins
             ,
             Calve-skins
             ,
             Tanned
             or
             dressed
             ,
             
               non
               obstante
            
             any
             former
             Law
             ,
             paying
             for
             each
             hundred
             weight
             
               cont
               '
            
             112
             l.
             weight
             one
             shilling
             and
             no
             more
             :
             This
             ends
             in
             25th
             .
             of
             March
             ,
             1675.
             and
             both
             of
             them
             to
             the
             end
             of
             the
             next
             
             Sessions
             of
             Parliament
             after
             .
          
           
             Likewise
             all
             sorts
             of
             Forraign
             Coyn
             or
             Bullion
             of
             Gold
             or
             Silver
             may
             be
             Exported
             without
             paying
             any
             
             Duty
             or
             Fee
             for
             the
             same
             ,
             entry
             being
             first
             made
             in
             the
             Custome-House
             ;
             the
             like
             for
             Diamonds
             ,
             Pretious
             Stones
             ,
             Jewels
             ,
             and
             Pearls
             of
             all
             sorts
             .
          
           
             XI
             .
             All
             persons
             whatsoever
             may
             Import
             from
             any
             place
             beyond
             Sea
             in
             English
             Ships
             ,
             Mace
             ,
             Nutmegs
             ,
             Cynamon
             ,
             Cloves
             ,
             into
             
               England
               ,
               Wales
               ,
               Jersey
               ,
               Guernsey
               ,
            
             paying
             the
             Customes
             thereof
             .
             Provided
             before
             the
             lading
             thereof
             they
             give
             notice
             to
             the
             Commissioners
             or
             
             Farmers
             of
             the
             Customes
             of
             the
             quantity
             &
             quality
             they
             intend
             to
             lade
             ,
             with
             the
             name
             of
             the
             Vessel
             in
             which
             
             they
             intend
             to
             import
             the
             same
             ,
             and
             procure
             a
             Licence
             under
             the
             hands
             of
             the
             said
             Farmers
             or
             Commissioners
             ,
             or
             any
             3.
             of
             them
             for
             the
             Importing
             the
             same
             .
          
           
             Note
             .
             If
             Goods
             are
             Wreck't
             ,
             and
             the
             Lord
             seizes
             them
             ,
             yet
             they
             ought
             not
             to
             pay
             Custome
             .
             *
          
           
             XII
             .
             Fees
             and
             Allowances
             due
             and
             payable
             to
             the
             Officers
             of
             his
             Majesties
             Customes
             and
             Subsidies
             in
             the
             Port
             of
             London
             ,
             and
             the
             Members
             and
             Creeks
             thereunto
             belonging
             ;
             That
             is
             to
             say
             ,
             to
             the
             Officers
             of
             the
             Petty
             Customes
             Outwards
             ,
             Subsidy
             Outward
             ;
             Petty
             Customes
             Inwards
             ,
             Subsidies
             Inwards
             ,
             Great
             Customes
             ,
             Clerks
             Fees
             Inwards
             and
             Outwards
             ,
             the
             Kings
             Waiters
             being
             in
             number
             Eighteen
             ,
             the
             Register
             of
             the
             Kings
             Warrants
             ,
             the
             Usher
             of
             the
             Custome-House
             ,
             Gaugers
             of
             French
             Vessels
             ,
             Chief
             Searcher
             ,
             and
             his
             Majesties
             five
             Under-Searchers
             in
             the
             Port
             of
             London
             ;
             and
             the
             two
             Searchers
             at
             Graves-end
             ,
             were
             all
             set
             and
             entred
             in
             a
             Table
             ;
             the
             same
             was
             settled
             by
             the
             Commons
             House
             of
             Parliament
             ,
             and
             signed
             by
             the
             Right
             Honourable
             Sir
             
             
               Edward
               Turner
            
             now
             Lord
             Chief
             Baron
             of
             his
             Majesties
             Court
             of
             Exchequer
             ,
             and
             then
             Speaker
             to
             the
             Commons
             House
             of
             Parliament
             ;
             at
             which
             time
             the
             Question
             being
             put
             ,
             That
             for
             all
             Goods
             not
             paying
             one
             pound
             Custome
             in
             or
             out
             ,
             there
             shall
             be
             but
             half
             Fees
             taken
             for
             all
             Cocquets
             ,
             Warrants
             ,
             Debentures
             ,
             Transires
             or
             Certificates
             ;
             It
             was
             Resolved
             in
             the
             affirmative
             .
          
           
             XIII
             .
             Societies
             or
             Companies
             Trading
             in
             a
             joynt
             stock
             ,
             and
             making
             but
             one
             single
             Entry
             ,
             the
             Adventurers
             being
             many
             ,
             the
             Table
             of
             Fees
             does
             not
             hinder
             ;
             but
             the
             Officers
             and
             Waiters
             may
             receive
             such
             gratuity
             as
             the
             Company
             shall
             voluntarily
             give
             .
          
           
             All
             Goods
             under
             the
             value
             of
             5
             l.
             in
             the
             Book
             of
             Rates
             paying
             Subsidy
             the
             sum
             of
             5
             s.
             or
             less
             ,
             shall
             pass
             without
             payment
             of
             Fee.
             
          
           
             English
             Merchants
             that
             shall
             land
             out
             of
             one
             Ship
             at
             one
             time
             (
             although
             the
             receipt
             of
             the
             Subsidy
             be
             distributed
             into
             several
             Offices
             )
             shall
             not
             pay
             any
             more
             than
             for
             a
             single
             entry
             .
          
           
             The
             Goods
             of
             Partnership
             to
             pass
             as
             if
             the
             propriety
             were
             in
             one
             single
             person
             .
          
           
           
             Fish
             by
             English
             in
             English
             shipping
             or
             Vessels
             inwards
             or
             Outwards
             all
             along
             the
             Coast
             to
             pay
             no
             Fee.
             
          
           
             Post
             Entries
             inward
             to
             pass
             without
             Fee
             under
             five
             shillings
             ;
             if
             above
             five
             shillings
             and
             under
             forty
             shillings
             ,
             then
             six
             pence
             :
             but
             if
             the
             Custome
             to
             be
             paid
             exceed
             40
             s
             ,
             then
             full
             Fees.
             
          
           
             The
             Merchant
             shall
             pay
             for
             all
             Goods
             opening
             that
             shall
             be
             short
             entred
             above
             10
             s.
             Custome
             .
          
           
             The
             Merchant
             shall
             pay
             for
             weighing
             of
             all
             Goods
             shall
             be
             short
             entred
             above
             20
             s.
             Custome
             .
          
           
             The
             Merchant
             is
             not
             to
             be
             at
             any
             charge
             if
             duly
             Entred
             .
          
           
             XIV
             .
             There
             is
             likewise
             to
             be
             allowed
             to
             the
             Merchants
             a
             certain
             abatement
             called
             Tare
             ,
             for
             Goods
             and
             
             Merchandize
             ,
             the
             which
             is
             reduced
             into
             a
             Table
             ,
             and
             cannot
             be
             deviated
             from
             in
             any
             case
             within
             the
             Port
             of
             London
             ,
             without
             special
             direction
             of
             the
             Commissioners
             or
             Farmers
             ;
             or
             in
             their
             absence
             of
             the
             consent
             of
             the
             General
             Surveyors
             ,
             and
             Surveyor
             of
             the
             Ware-house
             ,
             or
             of
             two
             of
             them
             at
             the
             least
             ,
             whereof
             the
             Surveyor
             of
             the
             Ware-house
             to
             be
             one
             ;
             and
             in
             the
             Out-Ports
             not
             without
             the
             consent
             and
             advice
             of
             the
             Collector
             and
             Surveyor
             :
             or
             where
             there
             is
             no
             Surveyor
             ,
             by
             the
             Collector
             himself
             ,
             giving
             speedy
             notice
             to
             the
             Commissioners
             or
             Farmers
             of
             the
             reason
             of
             so
             doing
             .
          
        
         
           
           
             CHAP.
             XIV
             .
             
               Of
               Scavage
               ,
               Package
               ,
               Portecage
               ,
               Ports
               ,
               Members
               ,
               Craks
               ,
               the
               Port
               of
            
             London
             ,
             
               and
               places
               lawful
               to
               lade
               and
               unlade
               in
               .
            
          
           
             
               
                 
                   I.
                   Scavage
                   what
                   ,
                   where
                   payable
                   ,
                   and
                   to
                   whom
                   .
                
                 
                   II.
                   Who
                   pay
                   the
                   same
                   ,
                   and
                   how
                   Regu●…ated
                   and
                   governed
                   .
                
                 
                   III.
                   Goods
                   omitted
                   in
                   the
                   Scavage
                   Table
                   of
                   Rates
                   ,
                   how
                   to
                   pay
                   .
                
                 
                   IV.
                   Of
                   Package
                   ,
                   how
                   govern'd
                   ,
                   and
                   where
                   payable
                   .
                
                 
                   V.
                   Where
                   Strangers
                   shall
                   pay
                   as
                   of
                   old
                   .
                
                 
                   VI.
                   Of
                   Packers
                   ,
                   Water-side
                   Porters
                   ,
                   what
                   Duties
                   Strangers
                   are
                   to
                   pay
                   for
                   shipping
                   out
                   their
                   Goods
                   .
                
                 
                   VII
                   .
                   Of
                   Ports
                   ,
                   Members
                   and
                   Creeks
                   ,
                   what
                   are
                   meant
                   and
                   understood
                   by
                   them
                   as
                   in
                   reference
                   to
                   action
                   ,
                   lawful
                   or
                   unlawful
                   .
                
                 
                   VIII
                   .
                   The
                   several
                   Ports
                   ,
                   Members
                   and
                   Creeks
                   in
                   England
                   and
                   Wales
                   .
                
                 
                   IX
                   .
                   Of
                   the
                   Extent
                   of
                   the
                   Port
                   of
                   London
                   .
                
                 
                   X.
                   Of
                   the
                   several
                   
                     Keyes
                     ,
                     Wharfs
                  
                   and
                   other
                   placès
                   lawfull
                   for
                   landing
                   of
                   Goods
                   .
                
                 
                   XII
                   .
                   What
                   Goods
                   are
                   Excepted
                   which
                   may
                   be
                   shipped
                   or
                   landed
                   at
                   other
                   places
                   .
                
              
            
          
           
             I.
             SCavage
             is
             an
             ancient
             Toll
             or
             Custome
             exacted
             by
             Majors
             ,
             Sheriffs
             ,
             &c.
             of
             Merchant
             Strangers
             for
             Wares
             shewed
             or
             offered
             to
             sale
             within
             their
             precincts
             ,
             which
             is
             prohibited
             by
             the
             Statute
             of
             19
             H.
             7.
             cap.
             8.
             in
             a
             Charter
             of
             King
             Henry
             the
             Second
             to
             Canterbury
             ,
             it
             is
             written
             Scewinga
             .
          
           
             The
             City
             of
             London
             still
             retain
             the
             Custome
             ,
             of
             which
             in
             an
             old
             printed
             Book
             of
             the
             Customes
             of
             London
             it
             is
             there
             mentioned
             ,
             and
             how
             to
             be
             disposed
             ;
             of
             which
             Custome
             ,
             
               halfen
               del
               apperteyneth
               to
               the
               Sherriffs
               ,
               and
               the
               other
               halfen
               del
               to
               the
               Nostys
               ,
               in
               whose
               houses
               the
            
             
             
               Merchants
               boen
               lodged
               :
               And
               it
               is
               to
               wet
               that
               Scavage
               is
               the
               shew
               ,
               by
               cause
               that
               Merchants
               shewen
               unto
               the
               Sherriffs
               Merchandizes
               of
               the
               which
               Customes
               ought
               to
               be
               taken
               ore
               that
               any
               there
               be
               sold
               ,
            
             &c.
             
          
           
             The
             Scavage
             that
             is
             taken
             consists
             of
             two
             parts
             ,
             that
             which
             is
             payable
             by
             Denizens
             ,
             and
             that
             which
             is
             required
             of
             Aliens
             :
             And
             that
             all
             persons
             subject
             to
             such
             
             Duties
             might
             not
             be
             imposed
             upon
             ,
             there
             are
             Tables
             mentioning
             the
             particular
             Duties
             set
             up
             and
             approved
             by
             the
             Lords
             Chancellor
             ,
             Treasurer
             ,
             President
             ,
             Privy
             Seal
             ,
             Steward
             ,
             and
             two
             Justices
             of
             the
             Kings-Bench
             and
             Common-Pleas
             ;
             and
             by
             them
             subscribed
             ,
             or
             any
             four
             of
             them
             at
             least
             :
             The
             which
             Duties
             are
             on
             Goods
             Inwards
             and
             Outwards
             .
          
           
             III.
             Note
             .
             All
             Goods
             mentioned
             in
             the
             Table
             of
             
             Scavage
             ,
             and
             not
             mentioned
             in
             the
             Table
             of
             Rates
             ,
             shall
             pay
             after
             the
             rate
             of
             one
             penny
             in
             the
             pound
             ,
             according
             as
             they
             are
             expressed
             or
             valued
             in
             his
             Majestie
             's
             Book
             of
             Rates
             ,
             and
             all
             others
             not
             expressed
             therein
             ,
             shall
             pay
             the
             same
             Rates
             according
             to
             the
             true
             value
             .
          
           
             Note
             .
             That
             all
             private
             Baulks
             8.
             
             Inches
             square
             and
             upwards
             ,
             are
             by
             the
             23.
             
             Article
             annexed
             to
             the
             Book
             of
             Rates
             reputed
             Timber
             ,
             and
             valued
             at
             3
             d.
             the
             foot
             ,
             50
             Foot
             making
             one
             Load
             ,
             the
             value
             of
             which
             is
             12
             s.
             6
             d
             ;
             and
             the
             Subsidy
             for
             one
             Load
             ⅝
             of
             one
             penny
             ,
             or
             one
             half
             penny
             and
             half
             one
             farthing
             ,
             out
             of
             which
             the
             5
             
               per
               Cent.
            
             is
             to
             be
             deducted
             .
          
           
             IV.
             There
             is
             likewise
             another
             Duty
             called
             Package
             ,
             the
             which
             is
             likewise
             set
             and
             rated
             in
             a
             Table
             ,
             and
             the
             which
             is
             taken
             of
             all
             the
             several
             Commodities
             therein
             mentioned
             .
          
           
             All
             Goods
             not
             mentioned
             in
             that
             Table
             are
             to
             pay
             for
             Package
             Duties
             ,
             after
             the
             rate
             of
             one
             penny
             in
             the
             pound
             ,
             according
             as
             they
             are
             expressed
             or
             valued
             in
             his
             Majesties
             Book
             of
             Rates
             ,
             and
             all
             others
             not
             expressed
             
             therein
             shall
             pay
             the
             same
             rate
             according
             to
             their
             true
             value
             .
          
           
             For
             every
             Entry
             in
             the
             Packer's
             Book
             for
             writing
             Bills
             to
             each
             entry
             outward
             as
             usually
             they
             have
             done
             ,
             12
             d.
             
          
           
             The
             Strangers
             are
             to
             pay
             the
             labouring
             Porters
             for
             making
             up
             their
             Goods
             ,
             at
             their
             own
             charge
             ,
             as
             alwayes
             they
             have
             done
             .
          
           
             Strangers
             are
             likewise
             to
             pay
             the
             Water-side
             Porters
             belonging
             to
             the
             Package
             Office
             ,
             such
             Fees
             and
             Duties
             for
             Landing
             and
             Shipping
             their
             Goods
             ,
             as
             they
             usually
             have
             done
             within
             these
             10
             years
             .
          
           
             The
             Packers
             Water-side
             Porters
             have
             Tables
             of
             Duties
             for
             landing
             of
             Strangers
             Goods
             ,
             and
             for
             the
             shiping
             out
             their
             Goods
             ;
             and
             Goods
             not
             mentioned
             in
             the
             Table
             are
             to
             pay
             Portage
             Duties
             as
             other
             Goods
             do
             of
             like
             Bulk
             or
             condition
             therein
             expressed
             .
          
           
             VII
             .
             Port
             or
             
               locus
               Publicus
            
             ,
             are
             those
             places
             to
             
             which
             the
             Officers
             of
             the
             Customes
             are
             appropriated
             ,
             and
             which
             contain
             and
             include
             all
             the
             Priviledges
             and
             guidance
             of
             all
             Members
             and
             Creeks
             thereunto
             allotted
             .
          
           
             By
             Members
             ,
             are
             those
             places
             where
             anciently
             a
             Custome-House
             hath
             been
             kept
             ,
             and
             Officers
             or
             their
             Deputies
             attending
             ,
             and
             are
             lawful
             places
             of
             Exportation
             or
             Importation
             .
          
           
             Creeks
             are
             places
             where
             commonly
             Officers
             are
             or
             have
             been
             placed
             by
             way
             of
             prevention
             ,
             not
             out
             of
             duty
             or
             right
             of
             attendance
             ,
             and
             are
             not
             lawful
             places
             of
             Exportation
             or
             Importation
             without
             particular
             Licence
             or
             sufferance
             from
             the
             Port
             or
             Member
             under
             which
             it
             is
             placed
             .
          
           
           
             VIII
             .
             The
             several
             Ports
             and
             Members
             as
             now
             they
             
             account
             at
             the
             Custome-House
             ,
             are
             ,
             
               
                 
                   Ports
                   .
                
                 
                   Members
                   .
                
                 
                   Creeks
                   .
                
              
               
                 
                   London
                
                 
                    
                
                 
                   Gravesend
                   .
                
              
               
                 
                   Ipswich
                
                 
                   Malden
                
                 
                   
                     
                       Leigh
                       .
                    
                     
                       Burnham
                       .
                    
                     
                       West
                       Mersey
                       .
                    
                  
                
              
               
                 
                   Colchester
                   .
                
                 
                   
                     
                       East
                       Mersey
                       .
                    
                     
                       Brickley
                       .
                    
                     
                       Wivenhoe
                       .
                    
                  
                
              
               
                 
                    
                
                 
                   
                     
                       Maintree
                       .
                    
                     
                       Harwieh
                       .
                    
                  
                
              
               
                 
                   Yarmouth
                   .
                
                 
                   Woodbridge
                   .
                
                 
                    
                
              
               
                 
                   Alborough
                   .
                
                 
                   
                     
                       Orford
                       .
                    
                     
                       Dunwick
                       .
                    
                  
                
              
               
                 
                   Sowold
                   .
                
                 
                   Walderswick
                   .
                
              
               
                 
                    
                
                 
                   Lestoffe
                   .
                
              
               
                 
                   Blackney
                   and
                   Cley
                   .
                
                 
                    
                
              
               
                 
                   Lynn
                   .
                
                 
                   Wells
                   .
                
                 
                   Burnham
                   .
                
              
               
                 
                    
                
                 
                   
                     
                       Hitcham
                       .
                    
                     
                       Cross
                       Keyes
                       .
                    
                     
                       Wisbeech
                       .
                    
                  
                
              
               
                 
                   Boston
                   .
                
                 
                    
                
                 
                   
                     
                       Spalding
                       .
                    
                     
                       Fosdick
                       .
                    
                     
                       Wainfleet
                       .
                    
                     
                       Numby
                       Chappel
                       .
                    
                     
                       Thetlethorp
                       .
                    
                     
                       Salt-fleet
                       .
                    
                  
                
              
            
             
               
               
                 
                   Ports
                   .
                
                 
                   Members
                   .
                
                 
                   Creeks
                   .
                
              
               
                 
                   Hull
                   .
                
                 
                   Grimsby
                   .
                
                 
                   Gainthorpe
                   .
                
              
               
                 
                   Bridlington
                   .
                
                 
                    
                
              
               
                 
                   Scarborough
                   .
                
                 
                    
                
              
               
                 
                   New-Castle
                   .
                
                 
                   Whitby
                   .
                
                 
                    
                
              
               
                 
                   Stockton
                   .
                
                 
                   Middlesborough
                   .
                
              
               
                 
                   Hartlepoole
                   .
                
                 
                    
                
              
               
                 
                   Sunderland
                   .
                
                 
                    
                
              
               
                 
                   Sheilds
                   .
                
                 
                    
                
              
               
                 
                    
                
                 
                   
                     
                       Seaton
                       delaval
                       .
                    
                     
                       Blith
                       nooke
                       .
                    
                  
                
              
               
                 
                   Berwick
                   .
                
                 
                    
                
                 
                   
                     
                       Aylemouth
                       .
                    
                     
                       Warnewater
                       .
                    
                     
                       Holy
                       Island
                       .
                    
                     
                       East
                       Marches
                       ,
                       
                         containing
                         the
                         Coast
                         of
                      
                       Northumberland
                       ,
                       
                         bordering
                         on
                      
                       Scotland
                       .
                    
                  
                
              
               
                 
                   Carlisle
                   .
                
                 
                    
                
                 
                   West
                   Marches
                   ,
                   
                     containing
                     the
                     Coast
                     of
                  
                   Cumberland
                   ,
                   
                     bordering
                     on
                  
                   Scotland
                   .
                
              
               
                 
                   Whitehaven
                   .
                
                 
                   
                     
                       Workington
                       .
                    
                     
                       Ravinglas
                       .
                    
                     
                       Milnthorpe
                       .
                    
                  
                
              
            
             
               
               
                 
                   Ports
                   .
                
                 
                   Members
                   .
                
                 
                   Creeks
                   .
                
              
               
                 
                   Chester
                   .
                
                 
                   Lancaster
                   .
                
                 
                   
                     
                       Pyte
                       of
                       Fowdrey
                       .
                    
                     
                       Graunge
                       .
                    
                  
                
              
               
                 
                   Boulton
                   .
                
                 
                   
                     
                       Wyrewater
                       .
                    
                     
                       Preston
                       and
                       Rible
                       Water
                       .
                    
                  
                
              
               
                 
                   Liverpoole
                   .
                
                 
                   
                     
                       Sankey
                       Bridge
                       .
                    
                     
                       Fradsham
                       .
                    
                     
                       South
                       
                         shoare
                         of
                         the
                         River
                         of
                      
                       Mersey
                       
                         to
                         the
                         Red
                         Stones
                      
                       .
                    
                  
                
              
               
                 
                    
                
                 
                   
                     
                       Hilbree
                       .
                    
                     
                       Dawpoole
                       .
                    
                     
                       Neston
                       .
                    
                     
                       Burtonhead
                       .
                    
                     
                       Baghill
                       .
                    
                     
                       Mostin
                       .
                    
                  
                
              
               
                 
                   Aberconway
                   .
                
                 
                    
                
              
               
                 
                   Bewmaris
                   .
                
                 
                   
                     
                       Holy-head
                       .
                    
                     
                       Amlogh
                       .
                    
                  
                
              
               
                 
                   Carnarvan
                   .
                
                 
                   
                     
                       Pulhelly
                       .
                    
                     
                       Barmouth
                       .
                    
                  
                
              
            
             
               
               
                 
                   Ports
                   .
                
                 
                   Members
                   .
                
                 
                   Creeks
                   .
                
              
               
                 
                   Milford
                   .
                
                 
                   Aberdovy
                   .
                
                 
                   Aberustah
                   .
                
              
               
                 
                   Cardigan
                   .
                
                 
                   
                     
                       Newport
                       .
                    
                     
                       Fiscard
                       .
                    
                  
                
              
               
                 
                   Pembroke
                   .
                
                 
                   
                     
                       Haverford
                       West
                       .
                    
                     
                       Tenby
                       .
                    
                     
                       Carmarthen
                       .
                    
                     
                       Lanelthy
                       .
                    
                     
                       North
                       Burrys
                       .
                    
                  
                
              
               
                 
                   Cardiffe
                   .
                
                 
                   Swansey
                
                 
                   
                     
                       South
                       Burrys
                       .
                    
                     
                       Neath
                       or
                       Britton
                       Ferry
                       .
                    
                     
                       Newton
                       .
                    
                  
                
              
               
                 
                    
                
                 
                   
                     
                       Aberthaw
                       .
                    
                     
                       Penarth
                       .
                    
                     
                       Newport
                       .
                    
                     
                       Chepstow
                       .
                    
                  
                
              
               
                 
                   Glocester
                
                 
                    
                
                 
                   River
                   Severn
                   from
                   Bridge-North
                   to
                   King-Road
                   .
                
              
               
                 
                   Bristol
                   .
                
                 
                    
                
                 
                   
                     
                       Pill
                       .
                    
                     
                       Uphill
                       .
                    
                  
                
              
               
                 
                   Bridgewater
                   .
                
                 
                   Minhead
                   .
                
                 
                    
                
              
            
             
               
               
                 
                   Ports
                   .
                
                 
                   Members
                   .
                
                 
                   Creeks
                   .
                
              
               
                 
                   Plymouth
                   .
                
                 
                   Padstow
                   .
                
                 
                    
                
              
               
                 
                   St.
                   Ives
                   .
                
                 
                    
                
              
               
                 
                   Pensance
                   .
                
                 
                    
                
              
               
                 
                   Helford
                   .
                
                 
                    
                
              
               
                 
                   Falmonth
                   .
                
                 
                   
                     
                       Penrin
                       .
                    
                     
                       St.
                       Mawres
                       .
                    
                     
                       Truro
                       .
                    
                  
                
              
               
                 
                   Fowey
                   .
                
                 
                    
                
              
               
                 
                   Lowe
                   .
                
                 
                    
                
              
               
                 
                    
                
                 
                   
                     
                       Saltash
                       .
                    
                     
                       Stonehouse
                       .
                    
                     
                       Cowsland
                       .
                    
                  
                
              
               
                 
                   Exeter
                   .
                
                 
                   Ilfracomb
                   .
                
                 
                    
                
              
               
                 
                   Barnstable
                
                 
                   
                     
                       Clovelly
                       .
                    
                     
                       Appledore
                       .
                    
                     
                       Biddiford
                       .
                    
                  
                
              
               
                 
                    
                
                 
                   
                     
                       Tincomb
                       .
                    
                     
                       Starrcross
                       .
                    
                     
                       Beare
                       and
                       Seaton
                       .
                    
                     
                       Topsham
                       .
                    
                     
                       Pouldram
                    
                     
                       Sydmouth
                    
                     
                       Lympson
                    
                     
                       Exmouth
                    
                     
                       Aylmouth
                       .
                    
                  
                
              
               
                 
                   Dartmouth
                   .
                
                 
                   
                     
                       Saltcomb
                    
                     
                       Brixham
                    
                     
                       Torbay
                    
                     
                       Totnes
                       .
                    
                  
                
              
            
             
               
               
                 
                   Ports
                   .
                
                 
                   Members
                   .
                
                 
                   Creeks
                   .
                
              
               
                 
                   Poole
                   .
                
                 
                   Lyme
                   .
                
                 
                   
                     
                       Bridport
                       .
                    
                     
                       Charmouth
                       .
                    
                  
                
              
               
                 
                   Weymouth
                   .
                
                 
                   
                     
                       Portland
                       .
                    
                     
                       Lulworth
                       .
                    
                  
                
              
               
                 
                   Southampton
                
                 
                    
                
                 
                   
                     
                       Swanidge
                       .
                    
                     
                       Wareham
                       .
                    
                  
                
              
               
                 
                    
                
                 
                   
                     
                       Christchurch
                       .
                    
                     
                       Hinington
                       .
                    
                  
                
              
               
                 
                   Cowes
                   .
                
                 
                   
                     
                       Yarmouth
                    
                     
                       Newport
                       .
                    
                  
                
              
               
                 
                   Portsmouth
                   .
                
                 
                   Emsworth
                   .
                
              
               
                 
                   Chichester
                   .
                
                 
                   Arundell
                   .
                
                 
                   
                     
                       Pagham
                       Point
                       .
                    
                     
                       Selsey
                       .
                    
                  
                
              
               
                 
                   Shorham
                
                 
                   Brighthempston
                   .
                
              
               
                 
                   Lewis
                   .
                
                 
                   
                     
                       New
                       Haven
                       .
                    
                     
                       Seaford
                       .
                    
                  
                
              
               
                 
                   Bemsey
                   .
                
                 
                    
                
              
               
                 
                   Hastings
                   .
                
                 
                    
                
              
               
                 
                   Rye
                
                 
                   
                     
                       Winchelsea
                       .
                    
                     
                       Lyd.
                       
                    
                     
                       Rumney
                       .
                    
                  
                
              
               
                 
                   Hyth
                   .
                
                 
                    
                
              
            
             
               
               
                 
                   Ports
                   .
                
                 
                   Members
                   .
                
                 
                   Creeks
                   .
                
              
               
                 
                   Sandwich
                
                 
                   Dover
                
                 
                    
                
              
               
                 
                    
                
                 
                   
                     
                       Deale
                       .
                    
                     
                       Rumsgate
                       .
                    
                     
                       Marget
                       .
                    
                     
                       Whitstable
                       .
                    
                  
                
              
               
                 
                   Feversham
                
                 
                    
                
              
               
                 
                   Milton
                   .
                
                 
                    
                
              
               
                 
                   Rochester
                   .
                
                 
                   Quinborough
                   .
                
              
            
          
           
             Note
             .
             All
             the
             Ports
             and
             Havens
             in
             England
             are
             
               infra
               Corpus
               Comit
               '
            
             ,
             and
             that
             the
             Court
             of
             Admiralty
             cannot
             hold
             Jurisdiction
             of
             any
             thing
             done
             in
             them
             .
             Hollands
             Case
             ,
             Earl
             of
             Exeter
             ,
             30
             H.
             6.
             
             And
             because
             he
             held
             Plea
             in
             the
             Admiralty
             of
             a
             thing
             done
             
               infra
               Portum
               de
               Hull
            
             ,
             damages
             were
             recovered
             against
             him
             2000
             pounds
             .
             
               Vide
               Mich.
            
             12
             
               Jac.
               C.
               B.
               Greenway
            
             vers
             '
             
               Barber
               ,
               Godbolt
            
             260
             ,
             261.
             
          
           
             IX
             .
             In
             regard
             that
             the
             Port
             of
             London
             is
             of
             great
             concern
             as
             in
             relation
             to
             the
             Customes
             ,
             the
             extent
             and
             
             limits
             of
             the
             same
             Port
             is
             by
             the
             Exchequer
             settled
             ,
             which
             is
             declared
             to
             extend
             and
             be
             accounted
             ,
             from
             the
             Promontory
             or
             Point
             called
             North-Foreland
             in
             the
             Isle
             of
             Thanet
             ,
             and
             from
             thence
             Northward
             in
             a
             supposed
             line
             ,
             to
             the
             opposite
             Promontory
             or
             Point
             called
             the
             Nase
             ,
             beyond
             the
             Gunfleet
             upon
             the
             Coast
             of
             Essex
             ,
             and
             so
             continued
             Westward
             thorough
             the
             River
             of
             Thames
             ,
             and
             the
             several
             Channels
             ,
             Streams
             and
             Rivers
             falling
             into
             it
             ,
             
             to
             
             London-Bridge
             ,
             save
             the
             usual
             and
             known
             right
             ,
             liberty
             and
             priviledge
             to
             the
             Ports
             of
             Sandwich
             and
             Ipswich
             ,
             and
             either
             of
             them
             ,
             and
             the
             known
             Members
             thereof
             ,
             and
             of
             the
             Customers
             ,
             Comptrollers
             ,
             Searchers
             and
             other
             Deputies
             of
             and
             within
             the
             said
             Ports
             of
             Sandwich
             and
             Ipswich
             ,
             and
             the
             several
             Creeks
             ,
             Harbours
             and
             Havens
             to
             them
             or
             either
             of
             them
             respectively
             belonging
             within
             the
             Counties
             of
             Kent
             or
             Essex
             .
          
           
             X.
             And
             in
             regard
             that
             when
             Ships
             did
             come
             up
             to
             the
             Port
             of
             London
             ,
             there
             used
             to
             be
             very
             great
             Frauds
             committed
             by
             a
             promiscuous
             kind
             of
             shipping
             and
             landing
             of
             Goods
             and
             Merchandizes
             at
             several
             blind
             or
             unknown
             Wharfes
             and
             Keyes
             ,
             by
             reason
             of
             which
             his
             Majesty
             was
             often
             defeated
             of
             his
             Customes
             ,
             it
             was
             provided
             that
             a
             Commission
             might
             issue
             forth
             out
             of
             the
             Exchequer
             to
             ascertain
             all
             such
             Wharfes
             ,
             Keyes
             or
             other
             places
             as
             his
             Majesty
             by
             virtue
             of
             such
             Commission
             should
             appoint
             ,
             in
             pursuance
             of
             which
             his
             Majesty
             hath
             been
             pleased
             to
             allow
             to
             be
             lawful
             Keyes
             ,
             Whar●…s
             and
             other
             places
             for
             the
             lading
             or
             landing
             of
             Goods
             ,
             
               
                 Brewers
                 Key
                 .
              
               
                 Chesters
                 Key
                 .
              
               
                 Wooll
                 Dock
                 .
              
               
                 *
                 Custome-House
                 Key
                 .
              
               
                 Porters
                 Key
                 .
              
               
                 Bear
                 Key
                 .
              
               
                 †
                 Sabbs
                 Dock
                 .
              
               
                 Wiggons
                 Key
                 .
              
               
                 Youngs
                 Key
                 .
              
               
                 Ralphs
                 Key
                 .
              
               
                 *
                 Dice
                 Key
                 .
              
               
                 
                 Smart
                 Key
                 ,
              
               
                 †
                 Somers
                 Key
                 ,
              
               
                 Lyon
                 Key
                 ,
              
               
                 Butolph
                 Wharfe
                 ,
              
               
                 H●…mons
                 Key
                 ,
              
               
                 *
                 Gaunts
                 Key
                 .
              
               
                 Cocks
                 Key
                 .
                 
              
               
                 Fresh
                 Wharfe
                 .
              
               
                 Billingsgate
                 .
                 To
                 be
                 a
                 common
                 open
                 place
                 for
                 the
                 landing
                 or
                 bringing
                 in
                 of
                 Fish
                 ,
                 Salt
                 ,
                 Victuals
                 ,
                 or
                 Fuel
                 of
                 all
                 sorts
                 ,
                 and
                 all
                 Native
                 Materials
                 for
                 Building
                 ,
                 and
                 for
                 Fruit
                 (
                 all
                 manner
                 of
                 Grocery
                 excepted
                 )
                 ,
                 and
                 for
                 carrying
                 out
                 of
                 the
                 same
                 ,
                 and
                 for
                 no
                 other
                 Wares
                 or
                 Merchandize
                 .
              
               
                 Bridge-House
                 in
                 Southwark
                 ,
                 May
                 be
                 allowed
                 a
                 place
                 convenient
                 for
                 landing
                 of
                 any
                 kind
                 of
                 Corn
                 bought
                 or
                 provided
                 for
                 Provision
                 ▪
                 or
                 Victualling
                 of
                 the
                 City
                 of
                 London
                 ,
                 and
                 not
                 upon
                 any
                 private
                 or
                 particular
                 persons
                 account
                 ,
                 and
                 for
                 no
                 other
                 Goods
                 or
                 Merchandize
                 .
              
            
          
           
             XI
             .
             It
             may
             be
             lawful
             for
             any
             person
             to
             ship
             or
             lade
             into
             any
             Ship
             or
             Vessel
             on
             the
             River
             of
             Thames
             bound
             
             over
             Seas
             ,
             Horses
             ,
             Coals
             ,
             Beer
             ,
             Ordinary
             Stones
             for
             Building
             .
             Fish
             taken
             by
             any
             of
             his
             Majesties
             Subjects
             ,
             Corn
             or
             Grain
             ,
             the
             Duties
             being
             paid
             ,
             and
             Cocquets
             and
             othar
             lawful
             Warrant
             duly
             passed
             for
             the
             same
             .
          
           
             So
             likewise
             Deal
             Boards
             ,
             Balks
             and
             all
             sorts
             of
             Masts
             and
             Great
             Timber
             may
             be
             unshipt
             and
             laid
             on
             Land
             at
             any
             place
             between
             Lyme-house
             and
             Westminster
             ,
             the
             Owner
             first
             paying
             or
             compounding
             for
             the
             Customes
             ,
             and
             declaring
             at
             what
             place
             they
             will
             land
             them
             before
             he
             unships
             them
             ,
             and
             upon
             Licence
             had
             and
             in
             the
             presence
             of
             an
             Officer
             they
             may
             unlade
             them
             ;
             otherwise
             they
             encur
             a
             forfeiture
             .
          
        
         
           
           
             CHAP.
             XV.
             
               Provisions
               and
               Allowances
               made
               notwithstanding
               the
               several
               Clauses
               in
               the
               Acts
               for
               the
               Customes
               .
            
          
           
             
               
                 
                   I.
                   Custome
                   to
                   be
                   paid
                   for
                   no
                   more
                   then
                   is
                   landed
                   ;
                   and
                   when
                   Bulk
                   shall
                   be
                   broken
                   .
                
                 
                   II.
                   Of
                   Goods
                   Imported
                   and
                   Exported
                   ,
                   what
                   of
                   the
                   Customes
                   shall
                   be
                   repaid
                   back
                   ,
                   and
                   by
                   whom
                   ;
                   and
                   of
                   the
                   things
                   requisite
                   in
                   the
                   same
                   .
                
                 
                   III.
                   Of
                   Agreement
                   or
                   Contracts
                   made
                   or
                   to
                   be
                   made
                   for
                   the
                   importing
                   and
                   exporting
                   by
                   way
                   of
                   Composition
                   ratified
                   .
                
                 
                   IV.
                   What
                   Allowances
                   to
                   be
                   made
                   to
                   the
                   Exporters
                   of
                   Wines
                   .
                
                 
                   V.
                   Of
                   Exporting
                   of
                   Spanish
                   Wooll
                   ;
                   where
                   the
                   same
                   may
                   be
                   done
                   .
                
                 
                   VI.
                   Of
                   Currants
                   Exported
                   ,
                   what
                   Allowances
                   shall
                   be
                   made
                   ,
                   and
                   to
                   whom
                   ,
                   as
                   well
                   to
                   Denizens
                   as
                   Forragn●…s
                   .
                
                 
                   VII
                   .
                   Goods
                   imported
                   not
                   finding
                   Market
                   after
                   a
                   year
                   ;
                   Wine
                   Exported
                   discharged
                   of
                   Custome
                   .
                
                 
                   VIII
                   .
                   What
                   Allowances
                   are
                   to
                   be
                   made
                   for
                   Leakage
                   .
                
                 
                   IX
                   .
                   What
                   shall
                   be
                   accounted
                   Leakage
                   .
                
                 
                   X.
                   Wines
                   proving
                   unmerchantable
                   ,
                   what
                   allowances
                   to
                   be
                   made
                   .
                
                 
                   XI
                   .
                   Tobaccoes
                   receiving
                   detriment
                   or
                   damage
                   in
                   the
                   Importation
                   ,
                   what
                   allowances
                   to
                   be
                   made
                   .
                
                 
                   XII
                   .
                   Strangers
                   paying
                   double
                   Subsidy
                   ,
                   where
                   they
                   shall
                   pay
                   double
                   Custome
                   .
                
                 
                   XIII
                   .
                   Of
                   Times
                   and
                   places
                   lawful
                   to
                   unlade
                   ▪
                   and
                   Officers
                   Duties
                   then
                   attendant
                   to
                   be
                   present
                   .
                
                 
                   XIV
                   .
                   
                     York
                     ,
                     New-Castle
                  
                   and
                   Hull
                   men
                   where
                   Custome-free
                   ,
                   and
                   for
                   what
                   .
                
                 
                   XV.
                   Exceter
                   and
                   other
                   Western
                   men
                   ,
                   what
                   Free
                   Subsidies
                   shall
                   be
                   allowed
                   in
                   .
                
                 
                   XVI
                   .
                   Woollen
                   where
                   new
                   or
                   Old
                   what
                   allowances
                   shall
                   be
                   made
                   in
                   Custome
                   or
                   Subsidy
                   .
                
                 
                   XVII
                   .
                   Allowances
                   of
                   5.
                   in
                   the
                   Hundred
                   for
                   all
                   other
                   Goods
                   .
                
                 
                   XVIII
                   .
                   The
                   Customers
                   and
                   other
                   Officers
                   Duties
                   in
                   reference
                   to
                   attend
                   their
                   several
                   Duties
                   in
                   the
                   Customes
                   .
                
                 
                   XIX
                   .
                   Of
                   Officers
                   their
                   Duties
                   ,
                   and
                   the
                   punishments
                   where
                   made
                   on
                   complaint
                   .
                
                 
                   XX.
                   The
                   several
                   Duties
                   of
                   London
                   how
                   preserved
                   .
                
                 
                   XXI
                   .
                   The
                   like
                   for
                   other
                   Cities
                   for
                   those
                   Duties
                   granted
                   or
                   taken
                   for
                   publique
                   good
                   uses
                   .
                
                 
                   XXII
                   .
                   Where
                   Ships
                   may
                   be
                   visited
                   ,
                   and
                   the
                   Officers
                   duty
                   relating
                   to
                   the
                   same
                   .
                
                 
                   XXXIII
                   .
                   Timber
                   to
                   be
                   rated
                   ,
                   and
                   in
                   what
                   manner
                   must
                   pay
                   .
                
                 
                   XXIV
                   .
                   Prevention
                   in
                   Extortion
                   of
                   Customers
                   and
                   Officers
                   ,
                   and
                   on
                   what
                   pains
                   and
                   penalties
                   .
                
                 
                   XXV
                   .
                   Where
                   Fees
                   for
                   Cocquets
                   and
                   Certificates
                   shall
                   be
                   paid
                   altogether
                   ,
                   and
                   where
                   he
                   shall
                   
                   detain
                   his
                   own
                   Cocquet
                   till
                   the
                   Vessel
                   has
                   broke
                   ground
                   .
                
                 
                   XXVI
                   .
                   Where
                   the
                   Officers
                   and
                   Customers
                   shall
                   allow
                   and
                   make
                   good
                   to
                   the
                   Merchants
                   the
                   Algiere
                   Duty
                   and
                   all
                   other
                   allowances
                   ,
                   and
                   no
                   other
                   Imposition
                   or
                   Duty
                   required
                   by
                   the
                   Book
                   of
                   Rates
                   ,
                   shall
                   be
                   required
                   or
                   paid
                   .
                
                 
                   XXVII
                   .
                   If
                   Goods
                   shall
                   happen
                   to
                   be
                   taken
                   by
                   Enemies
                   or
                   Pyrats
                   ,
                   or
                   wreckt
                   ,
                   and
                   what
                   allowances
                   shall
                   be
                   paid
                   .
                
                 
                   XXVIII
                   .
                   Ships
                   of
                   Warr
                   and
                   other
                   priviledged
                   Vessels
                   subject
                   to
                   search
                   .
                
                 
                   XXIX
                   .
                   Of
                   Allowances
                   to
                   be
                   made
                   ,
                   and
                   of
                   shipping
                   out
                   lesser
                   quantities
                   then
                   is
                   contained
                   in
                   the
                   Certificate
                   ,
                   what
                   operation
                   the
                   same
                   hath
                   .
                
              
            
          
           
             1.
             
             EVery
             Merchant
             shall
             have
             free
             liberty
             to
             break
             Bulk
             in
             any
             Port
             allowed
             by
             Law
             ,
             and
             to
             pay
             
             Custome
             and
             Subsidy
             for
             no
             more
             then
             he
             shall
             enter
             and
             land
             ;
             Provided
             that
             the
             Master
             or
             Purser
             of
             every
             such
             Ship
             shall
             first
             make
             declaration
             upon
             Oath
             before
             any
             two
             Principal
             Officers
             of
             the
             Port
             of
             the
             true
             contents
             of
             his
             Ships
             lading
             ,
             and
             shall
             likewise
             after
             declare
             upon
             his
             Oath
             ,
             before
             the
             
               Customer
               ,
               Collector
               ,
               Comptroler
               ,
               Surveyor
               ,
            
             or
             any
             two
             of
             them
             at
             the
             next
             Port
             of
             this
             Kingdome
             where
             his
             Ship
             shall
             arrive
             ,
             the
             Quantity
             and
             Quality
             of
             the
             Goods
             landed
             at
             the
             other
             Port
             where
             Bulk
             was
             first
             broken
             ,
             and
             to
             whom
             they
             did
             belong
             .
          
           
             A
             Merchant
             brought
             80
             Tun
             of
             Bay
             Salt
             by
             Sea
             to
             a
             Port
             in
             England
             ,
             and
             out
             of
             that
             ship
             sold
             20
             Tun
             ,
             and
             discharged
             the
             same
             into
             another
             Ship
             then
             riding
             at
             the
             same
             Port
             ,
             but
             the
             20
             Tun
             were
             never
             actually
             put
             on
             shoare
             ,
             and
             for
             the
             rest
             being
             60
             Tun
             the
             Master
             agreed
             for
             the
             Customes
             and
             put
             them
             on
             land
             ;
             and
             
             although
             that
             that
             20
             Tun
             was
             alwayes
             water-born
             and
             never
             were
             put
             on
             shoare
             ,
             yet
             adjudged
             they
             ought
             to
             pay
             ;
             the
             reason
             was
             ,
             for
             the
             discharging
             them
             out
             of
             the
             Ship
             ,
             amounts
             as
             much
             as
             to
             the
             laying
             them
             on
             Land
             ,
             the
             same
             being
             done
             in
             Port
             ;
             for
             otherwise
             the
             King
             would
             meerly
             be
             defrauded
             .
             But
             if
             a
             Ship
             is
             carried
             in
             by
             storm
             ,
             and
             to
             preserve
             the
             Vessel
             part
             is
             
             landed
             before
             the
             Duty
             paid
             ,
             yet
             this
             will
             not
             subject
             the
             same
             to
             a
             forfeiture
             .
          
           
             II.
             All
             Forraign
             Goods
             and
             Merchandizes
             (
             except
             Wines
             ,
             Currants
             and
             wrought
             Silks
             )
             first
             Imported
             ,
             shall
             be
             again
             Exported
             by
             any
             Merchant
             English
             within
             
             12
             months
             ,
             and
             such
             Merchant
             and
             Merchants
             as
             shall
             Export
             any
             such
             Forraign
             Goods
             or
             Merchandizes
             (
             except
             as
             before
             is
             excepted
             )
             shall
             have
             allowance
             and
             be
             repaid
             by
             the
             Officer
             which
             received
             the
             same
             ,
             the
             one
             moyety
             of
             the
             Subsidy
             which
             was
             paid
             at
             the
             first
             importation
             of
             such
             Goods
             or
             Merchandizes
             ,
             or
             any
             part
             thereof
             ,
             so
             as
             due
             proof
             be
             first
             made
             by
             Certificate
             from
             the
             Officers
             of
             the
             due
             entry
             and
             payment
             of
             the
             Custome
             and
             Subsidy
             of
             all
             such
             Forraign
             Goods
             and
             Merchandizes
             inwards
             with
             the
             Oath
             of
             the
             Merchants
             importing
             the
             same
             ,
             affirming
             the
             truth
             thereof
             ,
             and
             the
             name
             of
             his
             Majesties
             Searcher
             ,
             or
             Under-Searcher
             in
             the
             Port
             of
             London
             ,
             and
             of
             the
             Searcher
             of
             any
             other
             the
             out
             Ports
             ,
             testifying
             the
             shipping
             thereof
             to
             be
             Exported
             ;
             after
             all
             which
             duly
             performed
             in
             manner
             before
             expressed
             ,
             the
             moyety
             of
             the
             Subsidy
             first
             paid
             inwards
             ,
             shall
             without
             any
             delay
             or
             reward
             be
             repaid
             unto
             such
             Merchant
             or
             Merchants
             who
             do
             export
             such
             Goods
             and
             Merchandizes
             ,
             within
             one
             month
             after
             demand
             thereof
             ,
             as
             also
             the
             whole
             additional
             duty
             of
             
               Silk
               ,
               Linnen
            
             and
             Tobacco
             as
             before
             is
             directed
             .
          
           
             If
             the
             Officer
             shall
             refuse
             to
             pay
             ,
             (
             admitting
             there
             was
             no
             Relief
             had
             by
             way
             of
             complaint
             )
             whether
             the
             Merchant
             Exporter
             may
             not
             bring
             an
             Action
             against
             him
             upon
             the
             Debt
             created
             in
             Law
             ,
             as
             he
             that
             hath
             a
             
             Tally
             may
             do
             .
          
           
             III.
             And
             if
             there
             be
             any
             Agreement
             now
             in
             force
             ,
             which
             was
             formerly
             made
             by
             the
             late
             Commissioners
             of
             the
             Customes
             and
             Subsidies
             ,
             with
             the
             Merchants
             Strangers
             or
             their
             Factors
             ,
             or
             shall
             hereafter
             be
             made
             by
             any
             Commissioners
             or
             Farmers
             of
             the
             Customes
             and
             Subsidies
             ,
             or
             any
             other
             power
             (
             except
             by
             consent
             of
             Parliament
             :
             )
             with
             any
             Merchant
             or
             Merchants
             Strangers
             or
             Factors
             for
             any
             Forraign
             Goods
             and
             Merchandizes
             ,
             to
             be
             brought
             into
             the
             Port
             ▪
             of
             London
             ,
             or
             any
             other
             Port
             or
             Haven
             of
             this
             Kingdome
             of
             England
             ,
             or
             Principality
             of
             Wales
             ,
             and
             to
             be
             Exported
             again
             by
             way
             of
             Composition
             ;
             all
             other
             Merchants
             being
             his
             Majesties
             Subjects
             shall
             be
             admitted
             into
             the
             same
             Composition
             ,
             
             and
             not
             to
             be
             excluded
             from
             any
             other
             priviledge
             whatsoever
             granted
             to
             the
             stranger
             by
             any
             private
             agreement
             or
             composition
             ,
             under
             the
             same
             Condition
             and
             with
             the
             same
             Restriction
             as
             shall
             be
             made
             with
             the
             Merchant
             Stranger
             .
          
           
             IV.
             Every
             Merchant
             as
             well
             English
             as
             Stranger
             that
             shall
             ship
             and
             export
             any
             kind
             of
             Wines
             which
             formerly
             have
             paid
             all
             the
             duties
             of
             Tunnage
             inwards
             ,
             shall
             ha●…e
             paid
             and
             allowed
             unto
             them
             all
             the
             Duties
             of
             Tunnage
             paid
             inward
             ,
             except
             to
             the
             Englishman
             20
             s.
             per
             Tun
             ,
             and
             the
             Stranger
             25
             s.
             per
             Tun
             ,
             upon
             due
             proof
             of
             the
             due
             Entry
             and
             payment
             of
             Tunnage
             inwards
             and
             of
             the
             shipping
             thereof
             to
             be
             Exported
             to
             be
             made
             as
             above
             .
          
           
             V.
             If
             any
             Merchant
             ,
             Denizen
             or
             Stranger
             shall
             Export
             any
             Spanish
             or
             Forraign
             Wooll
             ,
             he
             shall
             have
             liberty
             
             so
             to
             do
             with
             this
             further
             condition
             ,
             That
             such
             Spanish
             or
             other
             Forraign
             Woolls
             whatsoever
             be
             not
             Exported
             in
             any
             other
             Ship
             or
             Vessel
             whatsoever
             ,
             with
             intent
             to
             be
             arrived
             beyond
             the
             Seas
             out
             of
             the
             Kingdome
             of
             England
             and
             Dominion
             of
             Wales
             ,
             then
             only
             in
             English
             Shipping
             ,
             upon
             pain
             of
             confiscation
             .
          
           
             VI.
             Every
             Merchant
             as
             well
             English
             as
             Stranger
             ,
             which
             shall
             ship
             or
             Export
             any
             Currants
             which
             formerly
             were
             duly
             entred
             and
             paid
             the
             Subsidy
             and
             Custome
             inwards
             ,
             shall
             have
             allowed
             and
             repaid
             unto
             them
             respectively
             all
             the
             Custome
             and
             Subsidy
             paid
             inwards
             for
             the
             same
             ,
             except
             1
             s.
             6
             d.
             for
             every
             Hundred
             weight
             to
             the
             English
             ,
             and
             1
             s.
             8
             d.
             and
             one
             half
             penny
             for
             every
             Hundred
             weight
             to
             the
             Stranger
             ,
             upon
             due
             proof
             of
             the
             due
             Entry
             and
             payment
             of
             the
             Custome
             and
             Subsidy
             thereof
             inwards
             ,
             and
             of
             the
             Shipping
             thereof
             to
             be
             Exported
             to
             be
             made
             as
             in
             the
             second
             Article
             .
          
           
             VII
             .
             If
             any
             Merchant
             having
             duly
             paid
             all
             Duties
             inwards
             for
             Forraign
             Goods
             ,
             and
             in
             regard
             of
             bad
             sales
             shall
             be
             enforced
             to
             keep
             the
             same
             or
             any
             part
             
             thereof
             in
             his
             hands
             after
             the
             space
             of
             a
             year
             shall
             be
             elapsed
             ;
             in
             this
             case
             he
             or
             any
             other
             person
             is
             to
             be
             permitted
             to
             ship
             the
             same
             out
             for
             parts
             beyond
             the
             Seas
             if
             they
             think
             fit
             without
             payment
             for
             any
             Subsidy
             for
             the
             same
             outwards
             ,
             upon
             due
             proof
             that
             the
             same
             was
             duly
             entred
             and
             Subsidy
             paid
             inward
             .
          
           
             VIII
             .
             Every
             Merchant
             bringing
             in
             any
             sort
             of
             Wines
             into
             this
             Kingdome
             by
             way
             of
             Merchandize
             ,
             and
             shall
             make
             due
             Entries
             of
             the
             same
             in
             the
             Custom-house
             ,
             shall
             be
             allowed
             12
             
               per
               Cent.
            
             for
             Leakage
             .
          
           
             IX
             .
             Every
             Hogshead
             of
             Wine
             which
             shall
             be
             run
             out
             and
             not
             full
             seven
             Inches
             ,
             shall
             be
             accounted
             for
             outs
             ,
             and
             the
             Merchant
             to
             pay
             no
             Subsidy
             for
             the
             same
             .
          
           
             And
             by
             some
             is
             conceived
             that
             no
             freight
             shall
             be
             paid
             for
             the
             same
             ,
             but
             the
             Merchant
             may
             fling
             them
             up
             to
             
             the
             Master
             for
             Freight
             ,
             but
             that
             should
             seem
             hard
             for
             
               non
               constat
            
             any
             fault
             in
             the
             Master
             ,
             but
             the
             same
             may
             be
             in
             the
             Cask
             ,
             or
             in
             the
             ill
             stowing
             (
             the
             Master
             by
             custome
             having
             no
             charge
             of
             the
             stowing
             of
             Wines
             ,
             especially
             French
             ,
             but
             the
             same
             belongs
             to
             certain
             Officers
             beyond
             Seas
             from
             whence
             they
             are
             imported
             )
             besides
             the
             Goods
             be
             they
             empty
             or
             full
             take
             up
             Tunnage
             in
             his
             Ship
             ,
             and
             should
             all
             the
             Wines
             a
             Shipboard
             have
             the
             same
             misfortune
             ,
             it
             would
             seem
             hard
             ;
             however
             ,
             it
             is
             pity
             Opinion
             in
             this
             case
             should
             amount
             to
             a
             laudable
             Custome
             .
          
           
             X.
             If
             any
             Wines
             shall
             prove
             corrupt
             and
             unmerchantable
             ,
             and
             fit
             for
             nothing
             but
             to
             distil
             into
             hot
             Waters
             or
             to
             make
             Vinegar
             ,
             then
             every
             Owner
             of
             such
             Wines
             shall
             be
             abated
             in
             the
             Subsidy
             according
             to
             such
             his
             damages
             in
             those
             Wines
             by
             the
             discretion
             of
             the
             Collectors
             of
             the
             Customes
             and
             one
             of
             the
             Principal
             Officers
             .
          
           
             XI
             .
             If
             any
             Tobacco
             or
             other
             Goods
             or
             Merchandize
             
             brought
             into
             this
             Kingdome
             shall
             receive
             any
             damage
             by
             salt
             water
             or
             otherwise
             ,
             so
             that
             the
             Owner
             thereof
             shall
             be
             prejudiced
             in
             the
             sale
             of
             such
             Goods
             ,
             the
             principal
             Officers
             of
             the
             Custome-House
             ,
             or
             any
             two
             of
             them
             ,
             whereof
             the
             Collector
             for
             the
             time
             being
             to
             be
             one
             ,
             shall
             have
             power
             to
             choose
             two
             indifferent
             Merchants
             experienced
             in
             the
             values
             of
             such
             Goods
             ,
             who
             upon
             visiting
             of
             such
             goods
             ,
             shall
             certifie
             and
             declare
             
             upon
             their
             Corporal
             Oaths
             first
             administred
             by
             the
             said
             Officers
             ,
             what
             damage
             such
             Goods
             have
             received
             ,
             and
             are
             lessened
             in
             their
             true
             value
             ,
             and
             according
             to
             such
             damage
             in
             relation
             to
             the
             Rates
             set
             on
             them
             in
             the
             Book
             of
             values
             ,
             the
             Officers
             are
             to
             make
             a
             proportionable
             abatement
             〈◊〉
             the
             Merchant
             or
             Owner
             ,
             of
             the
             Subsidy
             due
             for
             the
             same
             .
          
           
             XII
             .
             All
             Merchants
             Strangers
             who
             according
             to
             
             the
             rates
             and
             values
             set
             in
             the
             general
             Book
             of
             Values
             and
             Rates
             ,
             and
             do
             pay
             double
             Subsidy
             for
             Lead
             ,
             Ti●…
             ,
             Woollen
             Cloth
             ,
             shall
             also
             pay
             double
             Custome
             for
             Native
             Manufactures
             of
             Wooll
             ;
             and
             the
             said
             Strangers
             are
             to
             pay
             for
             all
             other
             Goods
             as
             well
             inwards
             as
             outwards
             ,
             rated
             to
             pay
             the
             Subsidy
             of
             Poundage
             ,
             three
             pence
             in
             the
             pound
             ,
             or
             any
             other
             Duty
             payable
             by
             
               Charta
               Mercatoria
            
             ,
             besides
             the
             Subsidy
             .
          
           
             XIII
             .
             That
             the
             Merchants
             Trading
             into
             the
             Port
             of
             London
             have
             free
             liberty
             to
             lade
             and
             unlade
             their
             Goods
             at
             any
             lawful
             Keyes
             and
             places
             of
             shipping
             †
             and
             lading
             of
             Goods
             between
             the
             Tower
             of
             London
             ,
             and
             
             London-Bridge
             ,
             and
             between
             Sun-rising
             and
             Sun-setting
             from
             the
             Tenth
             day
             of
             September
             ,
             to
             the
             Tenth
             day
             of
             March
             ;
             and
             between
             the
             hours
             of
             Six
             of
             the
             Clock
             in
             the
             Morning
             ,
             and
             six
             of
             the
             Clock
             in
             the
             Evening
             ,
             from
             the
             Tenth
             day
             of
             March
             ,
             to
             the
             Tenth
             of
             September
             ,
             giving
             notice
             thereof
             to
             the
             respective
             Officers
             appointed
             to
             attend
             the
             lading
             and
             unlading
             of
             Goods
             ;
             and
             such
             Officer
             as
             shall
             refuse
             upon
             due
             calling
             to
             be
             p●…sent
             ,
             he
             shall
             forfeit
             for
             every
             default
             5
             l.
             the
             one
             〈◊〉
             to
             the
             King
             ,
             the
             other
             to
             the
             party
             agrieved
             ,
             he
             suing
             for
             the
             same
             .
          
           
           
             XIV
             .
             The
             Merchants
             of
             
               York
               ,
               Kingston
               upon
               Hull
            
             ,
             and
             
               New-Castle
               upon
               Tyne
            
             ,
             and
             the
             Members
             thereof
             ,
             shall
             be
             allowed
             free
             Custome
             and
             Subsidy
             two
             of
             the
             Northern
             Clothes
             and
             Kersies
             in
             ten
             to
             be
             shipped
             in
             those
             Ports
             in
             the
             name
             of
             
               Double
               Wrappers
            
             ,
             as
             formerly
             has
             been
             there
             allowed
             them
             .
          
           
             XV.
             The
             Merchants
             of
             Exceter
             and
             other
             Western
             parts
             shall
             be
             allowed
             free
             of
             Subsidies
             one
             Perpetanae
             in
             Ten
             for
             a
             Wrapper
             ,
             and
             three
             
               Devons
               Dozens
            
             in
             Twenty
             for
             Wrappers
             ,
             the
             same
             to
             be
             shipped
             out
             of
             the
             Ports
             of
             
               Exceter
               ,
               Plymouth
               ,
               Dartmouth
               ,
               Barnstable
               ,
               Lyme
               Regis
               ,
            
             or
             the
             Members
             thereof
             .
          
           
             XVI
             .
             All
             Merchants
             Transporting
             any
             sort
             of
             
             Woollen
             whether
             new
             or
             old
             Drapery
             ,
             as
             also
             all
             Bayes
             and
             Cottons
             ,
             shall
             be
             allowed
             one
             in
             ten
             for
             a
             Wrapper
             free
             of
             Custome
             and
             Subsidy
             .
          
           
             XVII
             .
             Every
             Merchant
             shall
             be
             allowed
             upon
             all
             other
             Goods
             and
             Merchandize
             appointed
             to
             pay
             to
             any
             the
             Subsidy
             of
             Poundage
             according
             to
             the
             Rate
             in
             the
             Book
             of
             Values
             ,
             to
             be
             Imported
             ,
             5.
             in
             the
             Hundred
             of
             all
             the
             said
             Subsidies
             of
             Poundage
             so
             appointed
             to
             be
             paid
             .
          
           
             XVIII
             .
             The
             Officers
             who
             sit
             above
             in
             the
             Custome-House
             of
             the
             Port
             of
             London
             ,
             shall
             attend
             the
             service
             of
             their
             several
             places
             from
             9.
             to
             12
             of
             the
             Forenoon
             ,
             and
             one
             Officer
             or
             one
             able
             Clerk
             shall
             attend
             with
             the
             Book
             in
             the
             Afternoon
             during
             such
             time
             as
             the
             Officers
             are
             appointed
             to
             wait
             at
             the
             Waters
             side
             ,
             for
             the
             better
             deciding
             of
             all
             Controversies
             that
             may
             happen
             concerning
             Merchants
             Warrants
             ,
             all
             other
             the
             Officers
             of
             the
             Out-Ports
             shall
             attend
             every
             day
             in
             the
             Custome-House
             of
             every
             respective
             Port
             for
             dispatch
             of
             Merchants
             and
             Ships
             ,
             between
             the
             hours
             of
             9.
             and
             12
             ;
             and
             2.
             and
             4.
             in
             the
             Afternoon
             .
          
           
             XIX
             .
             Every
             Merchant
             making
             an
             Entry
             of
             Goods
             
             either
             Inwards
             or
             Outwards
             ,
             shall'be
             dispatched
             in
             such
             Order
             as
             he
             cometh
             ;
             and
             if
             any
             Officer
             or
             his
             Clerk
             ,
             shall
             either
             for
             favour
             or
             reward
             put
             any
             Merchant
             or
             his
             Servant
             duly
             attending
             and
             making
             his
             Entries
             as
             aforesaid
             ,
             to
             draw
             any
             other
             Reward
             or
             Gratuity
             from
             him
             then
             is
             limited
             in
             the
             Act
             of
             Tunnage
             and
             Poundage
             ,
             and
             the
             general
             Book
             of
             Values
             ,
             if
             the
             Master
             Officer
             be
             found
             faulty
             herein
             ,
             he
             shall
             upon
             complaint
             to
             the
             Chief
             Officers
             of
             the
             Custome-House
             be
             strictly
             admonished
             of
             his
             Duty
             ;
             but
             if
             the
             Clerk
             be
             found
             faulty
             therein
             ,
             he
             shall
             upon
             complaint
             to
             the
             said
             chief
             Officers
             be
             presently
             discharged
             of
             his
             Service
             ,
             and
             not
             permitted
             to
             sit
             any
             more
             in
             the
             Custome-House
             .
          
           
             XX.
             The
             Lord
             Major
             ,
             Commonalty
             and
             Citizens
             of
             the
             City
             of
             London
             ,
             their
             Officers
             or
             Deputies
             for
             and
             touching
             Offices
             of
             
               Package
               ,
               Scavage
               ,
               Baleage
            
             or
             Portage
             of
             any
             Goods
             or
             Merchandize
             of
             Aliens
             ,
             or
             their
             Sons
             born
             within
             this
             Kingdom
             or
             unfreemen
             ,
             Imported
             or
             Exported
             into
             or
             out
             of
             the
             City
             of
             London
             or
             the
             Liberties
             or
             Ports
             thereof
             unto
             or
             from
             the
             parts
             beyond
             the
             Seas
             ,
             for
             or
             concerning
             the
             receiving
             or
             taking
             of
             any
             Fee
             or
             Rates
             heretofore
             usually
             taken
             ,
             for
             or
             in
             respect
             of
             the
             said
             Offices
             ,
             or
             any
             of
             them
             might
             and
             may
             receive
             and
             take
             the
             same
             ,
             any
             thing
             in
             the
             ACT
             of
             Tunnage
             and
             Poundage
             ,
             or
             any
             other
             Act
             or
             thing
             to
             the
             contrary
             notwithstanding
             .
          
           
             XXI
             .
             All
             ancient
             Duties
             heretofore
             lawfully
             taken
             by
             any
             City
             or
             Town
             Corporate
             their
             Farmers
             ,
             Deputies
             or
             Officers
             ,
             under
             the
             name
             of
             Town
             Custome
             or
             the
             like
             ,
             for
             the
             maintenance
             of
             Bridges
             ,
             Keyes
             ,
             Harbours
             ,
             Wharfes
             or
             the
             like
             ,
             shall
             and
             may
             be
             received
             and
             enjoyed
             as
             formerly
             ,
             any
             thing
             in
             the
             said
             Act
             ,
             or
             any
             other
             Act
             to
             the
             contrary
             in
             any
             wise
             
               non
               obstante
            
             .
          
           
             XXII
             .
             The
             Under-Searcher
             or
             other
             Officers
             of
             Gravesend
             have
             power
             to
             visit
             and
             search
             any
             Ship
             outward
             bound
             ,
             but
             shall
             not
             without
             just
             and
             reasonable
             cause
             detain
             any
             Ship
             under
             colour
             of
             searching
             the
             
             Goods
             therein
             laden
             above
             3.
             
             Tydes
             after
             her
             arrival
             at
             Gravesend
             ,
             under
             pain
             of
             loss
             of
             their
             Office
             ,
             and
             rendring
             damage
             to
             the
             Merchant
             and
             Owner
             of
             the
             Ship
             ,
             and
             the
             Searcher
             or
             Officer
             of
             the
             Custome-House
             in
             any
             of
             the
             out-Ports
             having
             power
             to
             search
             and
             visit
             any
             Ship
             outward
             bound
             ,
             shall
             not
             without
             just
             and
             reasonable
             cause
             detain
             such
             Ship
             under
             colour
             of
             searching
             the
             Goods
             therein
             laden
             above
             one
             Tyde
             after
             the
             said
             Ship
             is
             fully
             laden
             and
             ready
             to
             set
             sayl
             ,
             under
             pain
             of
             loss
             of
             the
             Office
             of
             such
             offender
             ,
             and
             rendring
             damage
             to
             the
             Merchant
             and
             Owner
             of
             the
             Ship.
             
          
           
             XXIII
             .
             All
             Timber
             in
             balks
             which
             shall
             be
             of
             8.
             inches
             square
             or
             upwards
             that
             shall
             be
             imported
             or
             brought
             from
             any
             part
             beyond
             the
             Seas
             into
             the
             Realm
             of
             England
             ,
             Dominion
             of
             Wales
             ,
             Port
             and
             Town
             of
             Berwick
             ,
             or
             any
             of
             them
             ,
             shall
             be
             rated
             according
             to
             the
             measure
             of
             Timber
             the
             foot
             square
             3.
             d.
             for
             the
             value
             thereof
             ,
             and
             according
             to
             that
             rate
             shall
             pay
             for
             Subsidy
             12
             d.
             in
             the
             pound
             according
             to
             Poundage
             ;
             and
             all
             under
             eight
             inches
             square
             ,
             and
             above
             5
             inches
             square
             ,
             shall
             pay
             for
             Subsidy
             according
             to
             the
             Rates
             mentioned
             in
             the
             Book
             of
             Rates
             for
             middle
             Balks
             ,
             and
             all
             of
             5.
             inches
             square
             or
             under
             shall
             pay
             according
             to
             the
             rate
             of
             small
             Balkes
             .
          
           
             XXIV
             .
             For
             avoiding
             of
             all
             oppressions
             by
             any
             the
             Officers
             of
             the
             Customes
             in
             any
             Port
             of
             this
             Kingdom
             ,
             in
             exacting
             unreasonable
             Fees
             from
             the
             Merchant
             by
             reason
             of
             any
             Entries
             or
             otherwise
             touching
             the
             shiping
             or
             unshipping
             of
             any
             Goods
             ,
             Wares
             or
             Merchandize
             it
             is
             ordered
             ,
             That
             no
             Officer
             Clerk
             or
             other
             belonging
             to
             any
             Custome-House
             whatsoever
             ,
             shall
             exact
             ,
             require
             or
             receive
             any
             other
             or
             greater
             Fees
             of
             any
             Merchant
             or
             other
             whatsoever
             ,
             then
             such
             as
             are
             or
             shall
             be
             established
             by
             the
             Commons
             in
             Parliament
             assembled
             ;
             if
             any
             Officer
             or
             other
             offend
             contrary
             to
             this
             Order
             ,
             he
             shall
             forfeit
             his
             Office
             and
             place
             ,
             and
             be
             for
             ever
             after
             uncapable
             of
             any
             office
             in
             the
             Custom-House
             .
          
           
             XXV
             .
             All
             Fees
             appointed
             to
             be
             paid
             unto
             the
             Customer
             ,
             
             
               Comptroler
               ,
               Surveyor
            
             ,
             or
             
               Surveyor
               General
            
             in
             the
             Port
             of
             London
             ,
             for
             any
             Cocquets
             or
             Certificate
             outwards
             ,
             shall
             be
             paid
             altogether
             in
             one
             sum
             to
             that
             Officer
             from
             whom
             the
             Merchant
             is
             to
             have
             his
             Cockquet
             or
             Certificate
             above
             in
             the
             Custom-House
             ;
             and
             after
             the
             Merchant
             hath
             duly
             paid
             his
             Custome
             and
             Subsidy
             and
             other
             duties
             above
             in
             the
             Custome-house
             as
             is
             appointed
             above
             by
             the
             Book
             of
             Rates
             ,
             he
             is
             to
             be
             master
             of
             and
             keep
             his
             own
             Cockquet
             or
             Certificate
             untill
             he
             shall
             ship
             out
             his
             Goods
             so
             entred
             when
             as
             he
             is
             to
             deliver
             the
             same
             to
             the
             
               Head
               Searcher
            
             ,
             or
             his
             Majesties
             Under-Searcher
             in
             the
             Port
             of
             London
             or
             other
             Ports
             ,
             together
             with
             the
             mark
             and
             number
             of
             his
             Goods
             .
          
           
             XXVI
             .
             The
             Officers
             of
             the
             Custome-House
             for
             the
             time
             being
             shall
             allow
             and
             make
             unto
             all
             persons
             all
             such
             Moneys
             as
             are
             or
             shall
             be
             due
             unto
             them
             for
             the
             half
             Subsidy
             ,
             and
             also
             the
             Algier
             Duty
             of
             Forraign
             Goods
             formerly
             Exported
             now
             due
             and
             unpaid
             .
          
           
             The
             Duties
             and
             Sums
             of
             Money
             appointed
             to
             be
             paid
             by
             the
             Act
             of
             Tonnage
             and
             Poundage
             passed
             this
             Parliament
             ,
             and
             by
             the
             Book
             of
             Rates
             therein
             mentioned
             ,
             and
             no
             other
             shall
             be
             paid
             to
             his
             Majesties
             Officers
             during
             the
             continuance
             of
             the
             said
             Act
             upon
             Goods
             imported
             and
             exported
             ,
             any
             Law
             ,
             Statute
             or
             Usage
             to
             the
             contrary
             notwithstanding
             .
             Nevertheless
             the
             duty
             of
             Prizage
             and
             Butlerage
             ,
             and
             the
             duty
             of
             12
             d.
             of
             every
             Chaldron
             of
             Sea-Coal
             exported
             from
             Newcastle
             upon
             Tyne
             to
             any
             other
             Port
             or
             Ports
             of
             this
             Realm
             ,
             shall
             be
             continued
             .
          
           
             XXVII
             .
             If
             any
             Merchant
             Denizen
             born
             shall
             happen
             to
             have
             his
             Goods
             and
             Merchandize
             taken
             by
             Enemies
             
             or
             Pyrats
             at
             Sea
             ,
             or
             perished
             in
             any
             Ship
             or
             Ships
             ,
             the
             duties
             being
             either
             p●…id
             or
             agreed
             for
             ,
             upon
             due
             proof
             thereof
             may
             ship
             out
             of
             the
             same
             Port
             the
             like
             quantity
             as
             shall
             amount
             unto
             the
             Custome
             without
             paying
             of
             any
             thing
             for
             the
             same
             .
          
           
             If
             the
             Importer
             shall
             pay
             ready
             money
             ,
             he
             shall
             be
             allowed
             10
             
               per
               Cent.
            
             for
             so
             much
             as
             he
             shall
             pay
             down
             .
          
           
             XXVIII
             .
             Ships
             of
             Warr
             may
             be
             entred
             and
             searched
             
             for
             prohibited
             and
             uncustomed
             Goods
             ,
             and
             to
             bring
             them
             a
             shoar
             to
             the
             Kings
             Ware-houses
             ,
             and
             the
             Commissioners
             
             or
             Head
             Officers
             may
             leave
             aboard
             Officers
             to
             look
             after
             them
             ,
             that
             none
             be
             unladen
             or
             imbezelled
             ,
             on
             pain
             of
             forfeiturc
             of
             100
             l.
             And
             if
             Goods
             are
             concealed
             a
             shipboard
             after
             such
             time
             as
             the
             Ship
             is
             cleared
             ,
             to
             forfeit
             100
             l
             ;
             and
             then
             any
             with
             a
             Writ
             of
             Assistance
             out
             of
             the
             Court
             of
             Exchequer
             to
             go
             in
             the
             day
             time
             to
             any
             place
             ,
             and
             enter
             and
             seize
             .
          
           
             Goods
             conveyed
             secretly
             into
             Ships
             and
             carried
             away
             without
             paying
             the
             Subsidy
             and
             Duties
             ,
             the
             Owners
             and
             Proprieters
             forfeit
             the
             double
             value
             ,
             except
             Coals
             ,
             which
             only
             forfeit
             the
             double
             Custome
             and
             Duty
             .
          
           
             XXIX
             .
             There
             are
             allowances
             to
             be
             given
             Merchants
             for
             defective
             and
             damag'd
             Goods
             of
             5
             
               per
               Cent.
            
             on
             all
             Goods
             imported
             ,
             and
             12
             
               per
               Cent.
            
             on
             all
             Wines
             to
             be
             allowed
             upon
             debentures
             ;
             but
             if
             they
             shall
             ship
             out
             less
             then
             is
             in
             the
             Certificate
             ,
             then
             the
             Goods
             therein
             mentioned
             or
             the
             value
             thereof
             shall
             be
             forfeited
             ,
             and
             the
             Owner
             or
             Merchant
             shall
             lose
             the
             benefit
             of
             receiving
             back
             any
             of
             the
             Subsidy
             :
             and
             Goods
             shipped
             out
             are
             not
             to
             be
             landed
             again
             in
             England
             ,
             on
             pain
             of
             forfeiture
             of
             those
             Goods
             .
          
           
             All
             Goods
             coming
             out
             of
             or
             carried
             into
             Scotland
             by
             Land
             ,
             shall
             pass
             thorough
             Berwick
             or
             Carlisle
             ,
             and
             pay
             Customes
             as
             others
             ,
             on
             pain
             of
             forfeiture
             .
          
           
             And
             although
             that
             by
             this
             Act
             there
             are
             many
             allowances
             to
             be
             made
             ,
             especially
             Merchants
             Denizens
             ,
             yet
             the
             Parliament
             have
             ever
             been
             so
             careful
             as
             to
             bound
             the
             same
             ,
             that
             is
             ,
             it
             shall
             be
             to
             such
             who
             Trafick
             in
             Ships
             ,
             (
             which
             are
             indeed
             the
             Bul
             work
             of
             this
             Isle
             ;
             )
             and
             therefore
             if
             such
             Merchandize
             shall
             be
             Transported
             out
             in
             any
             Gally
             or
             Carrack
             ,
             they
             are
             obliged
             to
             pay
             all
             manner
             of
             Customs
             ;
             and
             all
             manner
             of
             Subsidies
             ,
             as
             any
             Alien
             ▪
             but
             in
             regard
             that
             Herring
             and
             Fish
             are
             ,
             and
             have
             been
             accounted
             one
             of
             the
             principal
             Commodities
             ,
             and
             generally
             finds
             a
             vent
             or
             Market
             in
             those
             Kingdoms
             and
             Countries
             that
             usually
             imploy
             such
             sort
             of
             Vessels
             ,
             those
             Commodities
             may
             be
             Transported
             in
             them
             as
             well
             as
             Ships
             from
             any
             Port
             ,
             or
             Harbour
             within
             this
             Realm
             ,
             without
             paying
             any
             Subsidy
             or
             poundage
             for
             the
             same
             ;
             
             but
             then
             such
             Fish
             must
             be
             taken
             by
             the
             Natives
             of
             the
             Kingdom
             and
             Transported
             by
             them
             ,
             otherwise
             to
             pay
             as
             Aliens
             .
          
           
             And
             whereas
             all
             manner
             of
             Woollen
             Cloaths
             ,
             as
             well
             White
             as
             Coloured
             ,
             unrowed
             ,
             unbarbed
             ,
             and
             unshorne
             ,
             and
             not
             fully
             dressed
             ,
             are
             prohibited
             by
             Law
             †
             to
             be
             Transported
             .
             His
             Majesty
             was
             gratiously
             pleased
             to
             Grant
             unto
             Frances
             Countess
             of
             Portland
             as
             well
             for
             her
             Alliance
             in
             blood
             ,
             as
             also
             for
             the
             many
             Crosses
             and
             Calamities
             which
             she
             hath
             suffered
             by
             the
             loss
             and
             Death
             of
             her
             nearest
             Relations
             ,
             in
             his
             Majesty
             and
             his
             Royal
             Fathers
             Service
             ,
             full
             power
             for
             one
             and
             thirty
             years
             ,
             to
             Licence
             the
             Transporting
             of
             such
             goods
             ,
             
               Non
               obstante
            
             such
             prohibitory
             Laws
             ,
             the
             which
             is
             now
             put
             in
             Execution
             by
             agreement
             ,
             and
             Composition
             with
             her
             Deputies
             at
             the
             Custome
             House
             .
          
        
         
           
           
             CHAP.
             XVI
             .
             
               Of
               the
               Right
               of
               Passage
               ,
               of
               imposing
               on
               the
               Persons
               and
               Goods
               of
               Strangers
               for
               passage
               thorough
               the
               Seas
               .
            
          
           
             
               
                 
                   I.
                   Of
                   the
                   Right
                   of
                   harmless
                   Utility
                   excepted
                   tacitly
                   in
                   the
                   primitive
                   dominion
                   of
                   things
                   .
                
                 
                   II.
                   Where
                   Passage
                   ought
                   to
                   be
                   open
                   ,
                   and
                   where
                   the
                   same
                   might
                   be
                   implicitly
                   provided
                   for
                   in
                   the
                   first
                   institution
                   of
                   Property
                   ,
                   and
                   under
                   what
                   Cautions
                   .
                
                 
                   III.
                   Of
                   the
                   same
                   right
                   as
                   in
                   reference
                   to
                   Goods
                   and
                   Merchandize
                   .
                
                 
                   IV.
                   If
                   Passage
                   admitted
                   ,
                   whether
                   Tribute
                   or
                   Toll
                   may
                   be
                   imposed
                   .
                
                 
                   V.
                   Where
                   Imposition
                   may
                   lawfully
                   be
                   laid
                   ,
                   and
                   for
                   what
                   causes
                   ;
                   And
                   of
                   the
                   Kings
                   Prerogative
                   in
                   that
                   Point
                   .
                
              
            
          
           
             I.
             HAving
             in
             the
             foregoing
             Three
             Chapters
             observed
             somewhat
             of
             Customes
             and
             Impositions
             laid
             
               de
               facto
            
             within
             the
             Realm
             ,
             and
             that
             by
             Acts
             of
             Parliament
             ,
             or
             the
             consent
             of
             the
             Three
             Estates
             ,
             it
             may
             not
             seem
             amiss
             to
             enquire
             what
             Imposition
             the
             King
             of
             his
             Prerogative
             may
             impose
             on
             Strangers
             and
             their
             Goods
             passing
             thorough
             his
             Territories
             and
             Seas
             ;
             and
             in
             that
             to
             enquire
             of
             the
             same
             as
             in
             reference
             to
             Persons
             and
             Goods
             .
          
           
             Beside
             the
             right
             of
             necessity
             which
             seems
             to
             be
             excepted
             in
             the
             first
             Institution
             of
             Dominion
             ,
             there
             is
             another
             Relique
             of
             old
             Communion
             ,
             namely
             ,
             the
             Right
             of
             harmless
             Utility
             ;
             For
             why
             should
             not
             one
             (
             saith
             *
             Cicero
             )
             when
             without
             his
             own
             detriment
             he
             may
             communicate
             to
             another
             in
             those
             things
             that
             are
             profitable
             to
             the
             Receiver
             ,
             and
             to
             the
             Giver
             not
             chargeable
             .
             Therefore
             Seneca
             †
             saith
             it
             cannot
             be
             called
             a
             benefit
             to
             give
             leave
             to
             another
             to
             light
             his
             Fire
             by
             yours
             .
             We
             read
             in
             Plutarch
             
             it
             is
             not
             lawful
             to
             spoyl
             our
             Victuals
             when
             we
             have
             more
             then
             enough
             ,
             nor
             to
             stop
             nor
             hide
             a
             Fountain
             when
             we
             have
             drunk
             our
             fill
             ;
             nor
             to
             abolish
             the
             Way
             marks
             either
             by
             Sea
             or
             Land
             which
             have
             been
             useful
             to
             us
             :
             So
             a
             River
             as
             a
             River
             is
             proper
             to
             that
             Prince
             or
             that
             Lord
             ,
             or
             that
             People
             within
             whose
             Dominion
             or
             Royalty
             it
             runs
             ,
             and
             they
             may
             make
             a
             Mill
             on
             it
             ,
             (
             unless
             it
             be
             Common
             as
             a
             High-way
             )
             and
             may
             
             take
             what
             Fish
             the
             River
             yields
             ,
             but
             the
             same
             River
             as
             a
             running
             Water
             remained
             common
             as
             to
             drinking
             or
             drawing
             of
             it
             ,
             notwithstanding
             as
             to
             the
             Fishing
             and
             the
             like
             it
             may
             be
             peculiar
             .
          
           
             II.
             Again
             ,
             Lands
             ,
             Rivers
             ,
             nay
             if
             any
             part
             of
             the
             Sea
             be
             come
             into
             the
             Dominion
             or
             Property
             of
             any
             People
             ,
             it
             ought
             to
             be
             open
             to
             those
             that
             have
             need
             of
             Passage
             for
             just
             causes
             ,
             namely
             ,
             being
             expelled
             by
             force
             out
             of
             their
             own
             Country
             they
             seek
             void
             places
             ,
             
             or
             because
             they
             desire
             Commerce
             with
             remote
             Nations
             ;
             The
             reason
             here
             is
             the
             same
             which
             hath
             been
             mentioned
             *
             elsewhere
             ,
             because
             Dominion
             might
             be
             introduced
             with
             a
             reception
             of
             such
             use
             †
             which
             profits
             these
             ,
             and
             hurts
             not
             those
             ,
             and
             therefore
             the
             Authors
             of
             Dominion
             are
             to
             be
             supposed
             willing
             rather
             to
             have
             it
             so
             ,
             then
             that
             such
             a
             restriction
             which
             perhaps
             in
             the
             end
             may
             destroy
             Society
             :
             however
             this
             hath
             its
             quantum
             ,
             for
             though
             harmless
             Passage
             may
             be
             excepted
             in
             the
             first
             Institution
             of
             Dominion
             ;
             yet
             that
             is
             to
             be
             understood
             when
             leave
             is
             granted
             :
             and
             though
             fear
             of
             the
             multitude
             which
             is
             to
             pass
             cannot
             take
             away
             that
             Prince
             his
             Right
             thorough
             whose
             Territories
             or
             Seas
             they
             go
             ;
             yet
             it
             follows
             
             as
             naturall
             that
             in
             the
             Institution
             of
             such
             liberty
             that
             Prince
             or
             People
             may
             provide
             ,
             and
             if
             they
             have
             any
             probable
             or
             any
             reasonable
             cause
             interdict
             their
             passage
             
             till
             security
             or
             Hostages
             are
             pledged
             for
             their
             peaceable
             passage
             ,
             nay
             without
             declaring
             their
             reason
             may
             interdict
             them
             absolutely
             any
             manner
             of
             passage
             ,
             if
             there
             be
             any
             other
             way
             to
             pass
             in
             safety
             ;
             And
             therefore
             at
             this
             day
             by
             the
             Laws
             of
             England
             ,
             the
             King
             may
             interdict
             any
             Nation
             or
             People
             whatsoever
             to
             pass
             through
             his
             Seas
             without
             leave
             first
             obtained
             to
             that
             purpose
             ,
             and
             
             may
             visit
             all
             Ships
             ,
             be
             they
             of
             War
             or
             of
             Trafick
             that
             shall
             occur
             or
             be
             in
             the
             same
             .
          
           
             III.
             Nor
             is
             passage
             onely
             due
             to
             Persons
             but
             to
             Merchandize
             also
             ,
             for
             no
             man
             hath
             Right
             †
             willfully
             to
             obstruct
             the
             way
             of
             Commerce
             to
             any
             Nation
             with
             any
             other
             that
             is
             remote
             ;
             because
             the
             permission
             of
             Trade
             is
             for
             the
             interest
             of
             humane
             Society
             ,
             and
             is
             not
             discommodious
             to
             any
             one
             ,
             and
             to
             that
             purpose
             Philo
             speaks
             ;
             *
             
               On
               the
               Sea
               all
               Ships
               of
               burden
               safely
               pass
               according
               to
               that
               right
               of
               Commerce
               which
               is
               between
               all
               Nations
               arising
               from
               the
               desire
               of
               Natural
               Society
               ,
               while
               they
               supply
               one
            
             
             
               another
               mutually
               which
               the
               one
               wanteth
               ,
               and
               the
               other
               can
               spare
               ;
               for
               envy
               hath
               never
               invaded
               either
               the
               whole
               world
               ,
               or
               the
               greater
               parts
               thereof
               .
            
             And
             Plutarch
             speaking
             thus
             of
             the
             Sea
             ,
             
               This
               Element
               hath
               made
               our
               life
               sociable
               and
               perfect
               ,
               that
               otherwise
               would
               be
               wild
               and
               without
               correspondence
               ;
               it
               supplyes
               our
               wants
               with
               mutual
               ayd
               ,
               and
               by
               exchange
               of
               things
               needful
               it
               procures
               fellowship
               and
               friendship
               .
            
             And
             the
             wisdom
             of
             God
             is
             highly
             to
             be
             admired
             ,
             who
             hath
             not
             granted
             all
             things
             to
             every
             Land
             ,
             but
             hath
             distributed
             his
             gifts
             to
             several
             Countries
             ,
             that
             men
             having
             need
             of
             one
             another
             might
             maintain
             Society
             for
             their
             Common
             good
             ,
             therefore
             hath
             he
             endowed
             Man
             with
             knowledge
             and
             understanding
             to
             invent
             and
             build
             Ships
             ,
             to
             govern
             and
             guide
             them
             by
             those
             Lamps
             of
             
             Heaven
             and
             other
             Instruments
             of
             his
             Divine
             Wisdome
             ,
             enabling
             thereby
             the
             Merchant
             to
             convey
             to
             all
             what
             any
             place
             affords
             :
             according
             to
             that
             of
             the
             Poet
             ,
             
               
                 What
                 Nature
                 any
                 Land
                 denyed
                 ,
              
               
                 By
                 Navigation
                 is
                 supplyed
                 .
              
            
          
           
             But
             as
             the
             Sea
             is
             free
             and
             open
             for
             Traders
             ,
             yet
             nevertheless
             the
             Passengers
             are
             subject
             to
             such
             Restrictions
             ,
             Laws
             and
             Ordinances
             as
             those
             Soveraign
             Princes
             shall
             make
             of
             force
             in
             those
             places
             where
             they
             have
             an
             accession
             of
             Property
             or
             Soveraignty
             .
          
           
             IV.
             But
             admitting
             that
             such
             free
             Passage
             may
             be
             granted
             as
             above
             ,
             whether
             Tribute
             may
             be
             imposed
             by
             him
             that
             Rules
             the
             Land
             ,
             upon
             Merchandize
             passing
             by
             Land
             or
             by
             River
             ,
             or
             by
             part
             of
             the
             Sea
             ,
             which
             may
             be
             called
             an
             Accession
             of
             the
             Land
             ,
             (
             that
             is
             ,
             the
             place
             thorough
             which
             they
             pass
             ,
             is
             as
             much
             under
             the
             absolute
             Jurisdiction
             of
             the
             Prince
             ,
             as
             the
             very
             Land
             it self
             ;
             )
             Certainly
             whatsoever
             Burdens
             have
             no
             relation
             to
             the
             Merchandise
             ,
             no
             equity
             suffers
             the
             same
             to
             be
             imposed
             
             on
             the
             same
             ;
             neither
             can
             Poll-money
             put
             on
             the
             Inhabitants
             to
             sustain
             the
             Charge
             of
             the
             Commonwealth
             ,
             be
             exacted
             of
             Passengers
             .
          
           
             V.
             Nevertheless
             ,
             if
             either
             to
             secure
             the
             Passengers
             Goods
             and
             Vessels
             from
             Pyrats
             and
             others
             ,
             or
             for
             the
             Erecting
             of
             Beacons
             ,
             Light-Houses
             and
             other
             Sea-Marks
             ,
             and
             such
             like
             ,
             *
             there
             indeed
             some
             compensation
             may
             be
             laid
             upon
             the
             Commodities
             or
             Ships
             passing
             thorough
             ,
             so
             that
             the
             measure
             of
             the
             cause
             be
             not
             exceeded
             ;
             Or
             as
             my
             Lord
             Coke
             observes
             in
             the
             case
             of
             the
             Halage
             money
             ,
             †
             it
             be
             reasonable
             ;
             for
             upon
             that
             depends
             the
             Justness
             of
             Tributes
             and
             Toll
             :
             And
             upon
             those
             Reasons
             the
             Venetian
             in
             the
             Hadriatique
             ,
             the
             King
             of
             Denmark
             in
             the
             Baltique
             Sea
             ,
             does
             demand
             the
             same
             ;
             
             And
             the
             King
             of
             England
             may
             do
             the
             like
             in
             the
             Chambers
             of
             his
             Empire
             ,
             and
             that
             by
             his
             Prerogative
             ;
             for
             the
             same
             is
             not
             so
             much
             compulsory
             to
             any
             to
             pay
             ,
             but
             to
             them
             that
             will
             take
             benefit
             of
             such
             accommodation
             .
          
           
           
             Strabo
             relates
             ,
             That
             the
             Corintbians
             even
             from
             the
             most
             ancient
             of
             times
             received
             Tribute
             of
             the
             Commodities
             ,
             
             which
             to
             avoid
             the
             compassing
             of
             Malea
             were
             carried
             by
             Land
             from
             Sea
             to
             Sea.
             So
             the
             Romans
             received
             a
             price
             for
             the
             passage
             of
             the
             Rhine
             .
             But
             this
             Right
             of
             imposing
             on
             Ships
             and
             Goods
             passing
             thorough
             some
             Territories
             is
             found
             cruel
             ,
             especially
             when
             they
             must
             pass
             thorough
             the
             Territories
             of
             a
             powerful
             and
             fierce
             People
             ,
             then
             it
             is
             heavy
             to
             the
             Merchant
             to
             compound
             ,
             for
             it
             's
             often
             done
             on
             hard
             and
             grievous
             terms
             .
          
           
             The
             End
             of
             the
             Second
             Book
             .
          
        
      
       
         
         
           
             CHAP.
             I.
             
               Of
               Freedom
               ,
               Bondage
               ,
               Slavery
               ,
               Erile
               ,
               and
               Abjuration
               .
            
          
           
             
               
                 
                   I.
                   Of
                   Freedom
                   by
                   the
                   Law
                   of
                   Nature
                   ,
                   and
                   of
                   Bondage
                   ,
                   Slavery
                   ,
                   or
                   Captivity
                   introduced
                   by
                   the
                   Law
                   of
                   Nations
                   .
                
                 
                   II.
                   Of
                   the
                   Actions
                   that
                   subject
                   Man
                   to
                   Bondage
                   .
                
                 
                   III.
                   Of
                   the
                   Dominion
                   over
                   Slaves
                   ,
                   Bond-men
                   and
                   Captives
                   .
                
                 
                   IV.
                   Of
                   the
                   Cause
                   ,
                   or
                   Reason
                   of
                   such
                   Dominion
                   .
                
                 
                   V.
                   That
                   this
                   Right
                   or
                   Dominion
                   ,
                   was
                   not
                   a
                   Law
                   universal
                   .
                
                 
                   VI.
                   Of
                   Bondage
                   or
                   Slavery
                   ,
                   where
                   discontinued
                   by
                   the
                   Christians
                   ,
                   and
                   Mahomitans
                   .
                
                 
                   VII
                   .
                   Of
                   a
                   Servitade
                   at
                   this
                   day
                   ,
                   standing
                   with
                   the
                   Laws
                   of
                   a
                   Christian
                   Common-wealth
                   .
                
                 
                   VIII
                   Of
                   Manumission
                   and
                   Freedom
                   by
                   the
                   Hebrew
                   and
                   Roman
                   Law
                   ,
                   and
                   by
                   the
                   Laws
                   of
                   England
                   .
                
                 
                   IX
                   .
                   Of
                   Disfranchising
                   the
                   several
                   ways
                   .
                
                 
                   X.
                   Of
                   Abjuration
                   and
                   Exile
                   ,
                   and
                   what
                   operation
                   it
                   hath
                   .
                
                 
                   XI
                   .
                   Of
                   Freedom
                   in
                   Cities
                   and
                   Corporations
                   ,
                   in
                   reference
                   to
                   Merchants
                   ,
                   Traders
                   and
                   Foreiners
                   .
                
              
            
          
           
             I.
             IN
             the
             primitive
             state
             of
             Nature
             ,
             no
             men
             were
             Servants
             ;
             
             yet
             it
             is
             not
             repugnant
             to
             natural
             Justice
             ,
             that
             by
             the
             Fact
             of
             man
             ,
             that
             is
             ,
             by
             
               Covenant
               or
               Transgression
            
             ,
             Servitude
             should
             come
             in
             ;
             therefore
             Servitude
             is
             brought
             in
             by
             the
             
               Laws
               of
               Nations
            
             .
          
           
             II.
             Hence
             it
             is
             ,
             That
             those
             that
             will
             yield
             up
             their
             persons
             ,
             or
             promise
             Servitude
             ,
             are
             accounted
             Slaves
             ;
             so
             likewise
             all
             that
             are
             
               taken
               in
               Publick
               War
            
             ,
             and
             brought
             within
             the
             Guards
             of
             their
             Conquerors
             ;
             nor
             is
             transgression
             necessary
             ,
             but
             the
             Lot
             of
             all
             is
             equal
             ,
             after
             the
             War
             is
             begun
             ,
             even
             of
             those
             whose
             ill
             fortune
             subjected
             them
             to
             be
             deprehended
             within
             the
             Enemies
             Bounds
             ;
             nor
             are
             they
             Servants
             only
             themselves
             ,
             but
             all
             their
             Posterity
             for
             ever
             .
          
           
             III.
             The
             Priviledges
             of
             this
             
               Right
               or
               Dominion
            
             ,
             are
             infinite
             ;
             
             
               since
               there
               is
               no
               suffering
               which
               may
               not
               be
               imposed
               on
               such
               ,
               nor
               work
               which
               may
               not
               every
               way
               be
               extorted
               from
            
             
             them
             :
             So
             that
             even
             the
             Cruelty
             of
             Masters
             became
             almost
             unpunished
             ,
             till
             the
             Municipal
             Laws
             of
             Countreys
             set
             Bounds
             to
             their
             rigour
             and
             power
             .
          
           
             Nor
             are
             the
             persons
             become
             theirs
             only
             that
             have
             the
             power
             of
             them
             ;
             but
             also
             all
             that
             they
             have
             ;
             for
             such
             unhappy
             persons
             
               can
               have
               nothing
               of
               their
               own
               .
            
          
           
             Hence
             it
             was
             ,
             That
             that
             excellent
             Law
             in
             favour
             of
             
             such
             ,
             was
             introduced
             by
             the
             Romans
             ,
             called
             
               Legis
               Corneliae
            
             ,
             which
             was
             when
             a
             Captive
             ,
             
               intra
               presidia
               hostium
            
             ,
             dyed
             in
             his
             Captivity
             ;
             if
             he
             had
             made
             a
             Will
             ,
             before
             his
             being
             taken
             Captive
             ;
             yet
             such
             a
             Captive
             should
             in
             favour
             of
             such
             Will
             ,
             and
             for
             the
             upholding
             of
             the
             same
             ,
             be
             feigned
             to
             be
             dead
             ,
             and
             
               in
               puncto
               temporis
            
             ,
             immediately
             before
             such
             his
             being
             taken
             Captive
             ;
             and
             so
             by
             that
             Legal
             Fiction
             of
             death
             ,
             his
             Will
             became
             firm
             and
             valid
             ,
             as
             if
             he
             had
             really
             dyed
             without
             ever
             being
             taken
             by
             the
             Enemy
             .
             So
             likewise
             
             if
             one
             had
             been
             made
             a
             Slave
             ;
             yet
             if
             he
             had
             returned
             out
             of
             his
             Captivity
             ,
             that
             for
             the
             preservation
             of
             his
             Right
             and
             Propriety
             ,
             he
             was
             feigned
             as
             if
             he
             had
             never
             been
             absent
             ,
             and
             was
             immediately
             redintigrated
             into
             his
             pristine
             Estate
             and
             Condition
             .
          
           
             IV.
             Now
             all
             these
             Priviledges
             and
             Immunities
             were
             introduced
             by
             the
             
               Laws
               of
               Nations
            
             ,
             for
             no
             other
             reason
             ,
             but
             that
             their
             Captors
             ,
             tempted
             by
             so
             many
             Immunities
             ,
             
               might
               willingly
               abstain
               from
               that
               cruel
               rigour
               of
               slaying
               their
               Prisoner
               .
            
          
           
             Hence
             it
             is
             ,
             That
             the
             Captors
             Dominion
             is
             extended
             to
             the
             Children
             ;
             for
             should
             such
             
               use
               their
               highest
               Right
               ,
               they
               would
               not
               be
               born
            
             ;
             but
             Children
             that
             are
             born
             before
             that
             calamity
             ,
             and
             were
             never
             taken
             Prisoners
             ,
             are
             freed
             from
             that
             unhappy
             state
             .
          
           
             V.
             Though
             this
             Dominion
             or
             Right
             was
             generally
             acquired
             in
             most
             Nations
             ;
             yet
             was
             not
             the
             same
             a
             
               universal
               Law
            
             ;
             for
             amongst
             the
             Jews
             ,
             refuge
             was
             granted
             to
             Servants
             who
             fell
             into
             that
             calamity
             by
             no
             fault
             of
             their
             own
             .
             And
             the
             state
             of
             Christendome
             at
             this
             day
             is
             apparent
             ,
             That
             Prisoners
             taken
             in
             War
             ,
             do
             not
             become
             perfect
             Slaves
             ,
             as
             of
             old
             ;
             but
             only
             remain
             in
             the
             Custody
             of
             the
             Captor
             ,
             till
             
               Ransoms
               are
               paid
            
             ,
             whose
             valuations
             are
             generally
             at
             the
             pleasure
             of
             the
             Conqueror
             ;
             yet
             persons
             of
             Eminent
             Quality
             ,
             as
             
               Generals
               ,
               and
               the
               like
            
             ;
             such
             persons
             ,
             *
             if
             taken
             by
             a
             common
             Soldier
             ,
             yet
             he
             has
             no
             
             advantake
             by
             the
             same
             ;
             for
             such
             a
             Captive
             is
             become
             Prisoner
             immediately
             to
             that
             Prince
             or
             State
             under
             whom
             the
             Captor
             served
             :
             But
             if
             it
             be
             the
             Lot
             of
             an
             
               Inferior
               Soldier
            
             to
             become
             a
             Prisoner
             of
             War
             ,
             he
             is
             then
             become
             absolutely
             the
             Captors
             to
             dispose
             of
             ;
             but
             he
             wanting
             those
             necessaries
             in
             the
             Field
             for
             himself
             ,
             which
             he
             ought
             
             to
             provide
             for
             his
             Prisoner
             ,
             commonly
             waives
             that
             Interest
             ,
             and
             generally
             yields
             him
             up
             as
             a
             Prisoner
             of
             War
             to
             be
             disposed
             of
             by
             that
             Prince
             or
             State
             under
             whom
             he
             served
             .
          
           
             VI.
             Slavery
             in
             Christendome
             is
             now
             become
             ●…bsolete
             ;
             and
             in
             these
             latter
             ages
             the
             minds
             of
             Princes
             and
             States
             having
             as
             it
             were
             universally
             agreed
             to
             esteem
             the
             words
             
               Slave
               ,
               Bondmen
               ,
               or
               Villain
               ,
            
             barbarous
             ,
             and
             not
             to
             be
             used
             ;
             and
             that
             such
             as
             are
             taken
             in
             War
             between
             Christian
             Princes
             ,
             
             should
             not
             become
             Servants
             ,
             
               nor
               be
               sold
               ,
               or
               forced
               to
               work
               ,
               or
               otherwise
               subjected
               to
               such
               servile
               things
            
             ;
             but
             remain
             till
             an
             exchange
             of
             Prisoners
             happen
             ,
             or
             a
             Ransom
             paid
             ,
             as
             afore
             :
             Nay
             ,
             the
             very
             Turks
             and
             Mahomitans
             at
             this
             day
             generally
             observe
             this
             among
             themselves
             ,
             not
             to
             make
             Slaves
             of
             those
             of
             the
             
               Mahomitan
               Religion
            
             ,
             though
             taken
             in
             War
             ;
             and
             that
             which
             is
             most
             to
             be
             admired
             ,
             a
             Christian
             fallen
             into
             that
             miserable
             state
             ,
             renouncing
             his
             Religion
             ,
             and
             becoming
             a
             Mahomitan
             ,
             immediately
             upon
             his
             Circumcision
             ,
             obtains
             his
             Freedom
             ;
             with
             a
             Recompence
             :
             The
             Cruelty
             of
             those
             Infidels
             to
             those
             unhappy
             Persons
             ,
             together
             with
             the
             reward
             of
             renouncing
             ,
             hath
             given
             cause
             to
             many
             a
             brave
             Person
             to
             become
             Renegado
             ;
             the
             which
             being
             considered
             by
             the
             Parliament
             in
             England
             ,
             they
             made
             a
             *
             provision
             for
             such
             miserable
             Persons
             as
             should
             be
             taken
             by
             Turkish
             and
             
               Moorish
               Pyrats
            
             .
          
           
             VII
             .
             Though
             Slavery
             and
             Bondage
             are
             now
             become
             discontinued
             ,
             in
             most
             parts
             of
             Christendome
             ;
             yet
             there
             may
             be
             a
             Servitude
             which
             may
             amount
             to
             a
             labour
             or
             suffering
             equal
             to
             that
             of
             Captives
             ,
             the
             which
             may
             be
             justifiable
             ;
             for
             men
             either
             through
             Poverty
             ,
             and
             the
             †
             like
             ,
             may
             oblige
             themselves
             by
             Contract
             for
             maintenance
             to
             a
             Servitude
             
             that
             's
             perpetual
             ,
             
               i.
               e.
            
             for
             life
             ,
             and
             so
             for
             years
             ;
             but
             at
             this
             day
             there
             is
             no
             Contract
             of
             the
             Ancestor
             can
             oblige
             his
             Posterity
             to
             an
             Hereditary
             Service
             ;
             nor
             can
             such
             as
             accept
             those
             Servants
             ,
             exercise
             the
             ancient
             Right
             or
             Dominion
             over
             them
             ,
             no
             nor
             so
             much
             as
             to
             use
             an
             extraordinary
             rigour
             ,
             without
             subjecting
             themselves
             to
             the
             Law
             :
             If
             an
             Eye
             or
             a
             Tooth
             had
             been
             struck
             out
             injuriously
             ,
             by
             
             the
             
               Hebrew
               Law
            
             Freedom
             was
             immediately
             due
             ;
             and
             by
             the
             Greeks
             ,
             if
             Servants
             had
             been
             ill
             treated
             ,
             it
             was
             lawful
             for
             them
             to
             demand
             
               a
               Sale
               of
               themselves
               to
               others
               .
            
             At
             Rome
             the
             Statues
             became
             Sanctuaries
             for
             Servants
             to
             implore
             the
             help
             of
             the
             Governours
             ,
             against
             rigour
             ,
             hunger
             ,
             or
             any
             other
             intollerable
             injury
             inflicted
             by
             their
             Masters
             ;
             and
             even
             in
             London
             at
             this
             day
             ,
             Servitude
             amongst
             the
             many
             Causes
             ,
             as
             not
             Inrollment
             of
             the
             Indentures
             ,
             not
             Instructing
             in
             the
             Art
             ,
             want
             of
             necessaries
             
               infra
               aetatem
            
             
             14
             ,
             &c.
             
             Cruelty
             ,
             Hunger
             ,
             Rigour
             ,
             immoderate
             Correction
             ,
             and
             the
             like
             ,
             are
             Causes
             sufficient
             on
             a
             Monstrans
             ,
             or
             Petition
             to
             the
             Lord
             Mayor
             and
             Aldermen
             ,
             to
             dissolve
             the
             Contract
             ,
             though
             under
             Hand
             and
             Seal
             ,
             and
             to
             Decree
             all
             ,
             or
             part
             of
             the
             Dowry
             ,
             or
             some
             given
             (
             if
             any
             )
             to
             the
             Servant
             ;
             and
             if
             cruelty
             hath
             been
             in
             the
             case
             ,
             to
             expose
             the
             Master
             to
             answer
             dammage
             to
             the
             Party
             Servant
             .
          
           
             VIII
             .
             Ulpianus
             observes
             after
             ,
             that
             by
             the
             Laws
             of
             Nations
             Servitude
             came
             in
             ,
             then
             followed
             the
             benefit
             of
             
             Manumission
             .
             By
             the
             
               Hebrew
               Law
            
             ,
             after
             the
             expiration
             
             of
             the
             time
             agreed
             on
             ,
             the
             Servant
             was
             to
             be
             manumitted
             ,
             and
             that
             not
             without
             Gifts
             ,
             like
             Londons
             Freedom
             ;
             by
             the
             Custom
             of
             which
             the
             Master
             is
             always
             at
             the
             charge
             of
             Cloathing
             ,
             and
             discharging
             the
             Chamberlains
             Fees.
             By
             the
             
               Roman
               Law
            
             ,
             every
             Son
             was
             in
             such
             subjection
             to
             his
             Father
             ,
             that
             before
             he
             could
             be
             released
             of
             this
             subjection
             ,
             and
             made
             Free
             ,
             he
             should
             by
             an
             Imaginary
             Sale
             be
             sold
             Three
             times
             by
             his
             natural
             Father
             ,
             to
             another
             man
             ,
             who
             was
             called
             by
             the
             Lawyers
             
               Pater
               Fiduciarius
            
             ;
             that
             is
             ,
             a
             Father
             in
             Trust
             ,
             and
             then
             be
             bought
             again
             by
             his
             natural
             Father
             ,
             and
             so
             manumised
             by
             him
             ,
             and
             then
             he
             became
             Free
             :
             This
             form
             of
             setting
             Free
             was
             by
             them
             called
             
               Emancipatio
               :
               Freedom
            
             .
          
           
           
             That
             
               Roman
               Darling
            
             was
             to
             be
             obtained
             Three
             
             ways
             :
          
           
             1.
             
             By
             Birth
             ,
             *
             both
             ,
             or
             at
             least
             one
             of
             their
             Parents
             being
             Free
             ;
             and
             such
             were
             called
             
               Cives
               Originarii
            
             .
          
           
             2.
             
             By
             Gift
             and
             Co-optation
             ,
             when
             the
             Freedom
             was
             bestowed
             on
             any
             Stranger
             or
             Nation
             ,
             and
             they
             were
             termed
             
               Civitate
               Donati
            
             :
             And
             so
             we
             read
             ,
             that
             Caesar
             took
             in
             whole
             Nations
             into
             the
             Freedom
             .
          
           
             Lastly
             ,
             By
             Manumission
             ,
             which
             was
             thus
             ;
             when
             as
             the
             Servant
             was
             presented
             by
             his
             Master
             before
             the
             Consul
             or
             Praetor
             ;
             the
             Master
             laying
             his
             hand
             upon
             his
             Servants
             head
             ,
             used
             this
             form
             of
             words
             ,
             
               hunc
               liberum
               esse
               volo
            
             ;
             and
             with
             that
             turning
             his
             Servant
             round
             ,
             and
             giving
             him
             a
             Cuff
             on
             the
             Ear
             ,
             he
             did
             
               emittere
               servum
               e
               manu
            
             :
             The
             Praetor
             laying
             then
             a
             certain
             Wand
             ,
             or
             Rod
             ,
             called
             vindicta
             ,
             
             upon
             the
             Servants
             head
             ,
             replyed
             in
             this
             manner
             ,
             
               Dico
               eum
               liberum
               esse
               more
               Queritur
            
             ;
             then
             the
             
               Lictor
               or
               Serjeant
               taking
            
             the
             Wand
             ,
             did
             strike
             the
             Servant
             on
             the
             head
             ,
             and
             with
             his
             hand
             he
             struck
             him
             on
             the
             face
             ,
             and
             gave
             him
             a
             push
             on
             the
             back
             ;
             and
             after
             this
             he
             was
             Registred
             for
             a
             Freeman
             :
             This
             being
             performed
             ,
             the
             Servant
             having
             his
             head
             shaven
             purposely
             at
             that
             time
             ,
             received
             a
             Cap
             as
             a
             Token
             of
             Liberty
             .
          
           
             Tertullian
             observes
             ,
             That
             at
             this
             time
             of
             their
             Manumission
             ,
             
             the
             Servants
             received
             from
             their
             Masters
             a
             white
             Garment
             ,
             a
             Gold
             Ring
             ,
             and
             a
             new
             Name
             added
             to
             their
             former
             .
          
           
             By
             the
             
               Laws
               of
               England
            
             ,
             every
             Subject
             Born
             within
             the
             Kings
             Dominions
             ,
             is
             a
             Freeman
             of
             this
             Realm
             ,
             as
             appears
             by
             the
             
               Grand
               Charter
               ,
               Cap.
            
             14.
             yea
             ,
             though
             he
             be
             a
             Bond-Slave
             to
             a
             Subject
             :
             *
             But
             a
             Stranger
             Born
             ,
             is
             no
             Free-man
             ,
             
             till
             the
             King
             have
             made
             him
             a
             Denizon
             ,
             in
             whose
             Power
             alone
             ,
             without
             the
             help
             of
             any
             other
             ,
             one
             may
             be
             made
             Free.
             
          
           
             To
             be
             a
             Freeman
             of
             the
             Realm
             ,
             the
             place
             of
             Birth
             ,
             is
             held
             more
             considerable
             than
             the
             Quality
             of
             the
             Person
             :
             Yet
             by
             the
             opinion
             of
             
               Hussey
               Chief
               Justice
            
             ,
             in
             1
             R.
             3.
             fo
             .
             4.
             
             And
             in
             Calvins
             Case
             of
             the
             
               Post
               Nati
            
             ,
             it
             is
             held
             for
             Law
             ,
             
             That
             if
             Ambassadors
             of
             this
             Realm
             have
             Children
             Born
             in
             France
             ,
             or
             else
             where
             ;
             the
             Father
             and
             Mother
             being
             Natural
             Born
             Subjects
             ,
             the
             Children
             are
             Free
             of
             the
             Realm
             of
             England
             :
             But
             if
             either
             the
             Father
             or
             the
             Mother
             of
             
             such
             Children
             were
             an
             Alien
             ,
             then
             are
             not
             those
             Children
             Free.
             
          
           
             But
             the
             Law
             is
             conceived
             to
             be
             otherwise
             at
             this
             day
             .
             The
             Statute
             
               de
               Natis
               ultra
               mare
            
             25
             E.
             3.
             
             Cap.
             declares
             ,
             the
             Issue
             Born
             of
             an
             English-man
             ,
             upon
             an
             English-woman
             ,
             shall
             be
             a
             Denizon
             ;
             for
             upon
             the
             Construction
             of
             
             this
             Statute
             ,
             it
             has
             been
             adjudged
             more
             than
             once
             ,
             That
             if
             an
             English-man
             marry
             a
             Foreiner
             ,
             and
             has
             Issue
             by
             her
             
             Born
             beyond
             Seas
             ,
             the
             Issue
             is
             a
             
               Natural
               Born
               Subject
            
             .
          
           
             IX
             .
             Disfranchising
             by
             the
             Romans
             ,
             called
             
               Capitis
               diminutio
            
             ,
             was
             Three
             fold
             ,
             
               Maxima
               ,
               Media
               ,
               &
               Minima
            
             ;
             the
             least
             degree
             was
             ,
             when
             the
             Censors
             pulled
             a
             Man
             from
             a
             higher
             Tribe
             down
             to
             a
             lower
             ,
             and
             less
             Honourable
             ;
             or
             when
             by
             any
             Censure
             ,
             they
             disabled
             a
             man
             from
             suffraging
             or
             giving
             his
             Voice
             in
             the
             publick
             Assemblies
             ;
             such
             as
             were
             thus
             in
             the
             last
             manner
             punished
             ,
             were
             termed
             Aerarii
             ,
             and
             
               in
               aerarios
               veluti
               ,
               quia
               omnia
               alia
               jura
               Civium
               Romanorum
               preterquam
               tributi
               &
               aeris
               conferendi
               amiserunt
               .
               Gellius
            
             relates
             ,
             
             That
             
               P.
               Scipio
               Nascica
            
             ,
             and
             M.
             Pompilius
             ,
             being
             Censors
             ,
             taking
             a
             view
             of
             the
             Roman
             Knights
             ,
             observed
             one
             of
             them
             to
             be
             mounted
             on
             a
             lean
             starvling
             Horse
             ,
             himself
             being
             exceeding
             fat
             ;
             whereupon
             they
             demanded
             the
             Reason
             ,
             why
             his
             Horse
             was
             so
             lean
             ,
             himself
             being
             so
             fat
             ?
             his
             Answer
             was
             ,
             
               Quoniam
               ego
               inquit
               ,
               me
               curro
               ;
               statius
               mens
               servus
               .
            
          
           
             By
             the
             Ancient
             Laws
             of
             England
             ,
             and
             by
             the
             Great
             
             Charter
             ,
             no
             Freeman
             shall
             be
             taken
             or
             Imprisoned
             ,
             but
             by
             the
             Lawful
             Judgment
             of
             his
             Peers
             (
             that
             is
             ,
             by
             Jury
             ,
             Peers
             for
             Peers
             ,
             ordinary
             Juries
             for
             others
             who
             are
             their
             Peers
             )
             or
             by
             the
             Law
             of
             the
             Land
             ;
             which
             is
             always
             understood
             by
             due
             process
             of
             the
             Law
             ,
             and
             not
             the
             Law
             of
             the
             Land
             generally
             ;
             for
             otherwise
             that
             would
             comprehend
             Bond-men
             ,
             (
             whom
             we
             call
             Villains
             )
             who
             are
             excluded
             by
             the
             word
             Liber
             ;
             for
             such
             Bond-men
             might
             be
             Imprisoned
             at
             the
             pleasure
             of
             his
             Lord
             ;
             but
             a
             Free-man
             neither
             could
             ,
             nor
             can
             ,
             without
             a
             just
             Cause
             ;
             nor
             does
             the
             Priviledge
             extend
             to
             private
             Actions
             ,
             or
             Suits
             between
             Subject
             and
             Subject
             ;
             but
             even
             between
             the
             Sovereign
             and
             the
             Subject
             :
             Hence
             it
             is
             ,
             that
             if
             a
             Peer
             of
             the
             Realm
             be
             Arraigned
             at
             the
             Suit
             of
             the
             King
             for
             a
             Murder
             ,
             he
             shall
             be
             tryed
             by
             his
             *
             Peers
             ,
             that
             is
             by
             the
             Nobles
             .
             But
             if
             he
             be
             appealed
             of
             Murder
             upon
             the
             prosecution
             of
             a
             
             Subject
             ,
             his
             Tryal
             shall
             be
             by
             an
             ordinary
             Jury
             of
             12
             Free-holders
             ;
             
             and
             as
             the
             
               Grand
               Charter
            
             did
             ,
             and
             does
             protect
             the
             Persons
             of
             Free-men
             ;
             so
             likewise
             their
             Free-hold
             :
             For
             by
             the
             same
             Charter
             it
             is
             declared
             ,
             That
             the
             King
             ,
             or
             His
             Ministers
             ,
             shall
             out
             no
             man
             of
             his
             Free-hold
             ,
             without
             reasonable
             Judgment
             ;
             and
             so
             it
             was
             rul'd
             upon
             a
             Petition
             in
             Parliament
             ,
             setting
             forth
             ,
             that
             a
             Writ
             under
             the
             Privy
             Seal
             ,
             went
             to
             the
             Guardian
             of
             the
             Great
             Seal
             ,
             to
             cause
             Lands
             to
             be
             seized
             into
             the
             Kings
             Hands
             ;
             and
             that
             thereupon
             a
             Writ
             issued
             forth
             to
             the
             Escheater
             ,
             to
             seize
             against
             the
             form
             of
             the
             
               Great
               Charter
            
             ;
             upon
             debate
             of
             which
             ,
             the
             Party
             had
             Judgment
             to
             be
             restored
             :
             the
             greatest
             ,
             and
             
             most
             Explanatory
             Act
             ,
             which
             succeeded
             in
             point
             of
             Confirmation
             ,
             was
             that
             of
             Edward
             the
             3d.
             the
             words
             are
             ,
             
               That
               no
               Man
               ,
               of
               what
               Estate
               or
               Condition
               soever
               he
               be
               ,
            
             
             
               shall
               be
               put
               out
               of
               the
               Lands
               and
               Tenements
               ,
               nor
               taken
               ,
               or
               imprisoned
               ,
               nor
               dis-inherited
               ,
               nor
               put
               to
               death
               ,
               without
               he
               be
               brought
               to
               answer
               by
               due
               process
               of
               the
               Law
               ;
               that
               is
               ,
               by
               the
               Common
               Law.
               
            
          
           
             2.
             
             
               Diminutio
               media
            
             ,
             was
             an
             Exilement
             out
             of
             the
             City
             ,
             without
             the
             loss
             of
             ones
             Freedom
             ;
             the
             words
             of
             the
             Judgment
             or
             Sentence
             were
             ,
             
               Tibi
               aquae
               &
               igni
               interdico
            
             .
          
           
             3.
             
             
               Diminutio
               maxima
            
             ,
             was
             the
             loss
             both
             of
             the
             City
             ,
             and
             the
             Freedom
             ,
             and
             by
             his
             Judgment
             or
             Sentence
             was
             obliged
             and
             limited
             to
             one
             peculiar
             Countrey
             ;
             all
             other
             places
             in
             general
             being
             forbidden
             him
             .
             
          
           
             There
             was
             a
             Fourth
             kind
             of
             Banishment
             ,
             Disfranchising
             ,
             called
             relegatio
             ;
             which
             was
             the
             Exilement
             only
             for
             a
             season
             ,
             as
             that
             of
             Ovid's
             .
             *
          
           
             The
             Laws
             of
             England
             in
             this
             matter
             have
             some
             resemblance
             with
             those
             of
             the
             Romans
             ;
             for
             Bracton
             observes
             4
             Distinctions
             .
          
           
             1.
             
             
               Specialis
               ,
               hoc
               est
               interdictio
               talis
               Provinciae
               ,
               Civitatis
               ,
            
             
             
               Burgi
               aut
               Villae
            
             .
          
           
             2.
             
             
               Generalis
               ,
               Interdictio
               totius
            
             Regni
             ,
             
               &
               aliquando
               est
            
             .
          
           
             3.
             
             
               Temporaria
               ,
               pro
            
             duobus
             ,
             tribus
             ,
             quatuor
             ,
             aut
             pluribus
             annis
             ,
             aut
             &c.
             —
          
           
             4.
             
             
               Perpetua
               ,
               pro
            
             termino
             vitae
             ,
             
               &
               exilium
               est
               aliquando
               ex
               arbitrio
               principis
               sicut
               in
               exiliando
               Duces
            
             Hertfordiae
             ,
             &
             Norfolciae
             ,
             
               per
               Regem
            
             Richardum
             
               Secundum
               ,
               &
               aliquando
               per
               Judicium
               Terrae
               ,
               ut
               fit
               in
               Casu
            
             Piers
             de
             Gaviston
             ,
             
               &
               etiam
               in
               Casu
            
             Hugonis
             
               de
               le
            
             Spencer
             
               Junioris
               ,
               qui
               ambo
            
             
             
               fuerunt
               exilit
               '
               per
               Judicium
               in
            
             Parliamento
             .
             So
             likewise
             was
             that
             of
             the
             Banishment
             of
             the
             Earl
             of
             Clarendon
             ,
             who
             dyed
             beyond
             the
             Seas
             .
             *
          
           
             X.
             Abjuration
             ,
             was
             also
             a
             Legal
             Exile
             ,
             by
             the
             Judgment
             
             of
             the
             Common
             Law
             ,
             as
             also
             by
             the
             Statute
             Law
             ;
             and
             in
             the
             Statute
             of
             
               Westm
               ,
               the
               second
               Cap.
            
             35.
             
             He
             which
             Ravishes
             a
             Ward
             ,
             and
             cannot
             render
             the
             Ward
             unmarried
             ,
             or
             the
             value
             of
             his
             Marriage
             ,
             must
             abjure
             the
             Realm
             ;
             and
             this
             is
             a
             General
             Exile
             :
             And
             by
             the
             Statute
             made
             31
             Ed.
             1.
             
             Butchers
             are
             to
             be
             abjured
             the
             Town
             ,
             if
             they
             offend
             the
             Fourth
             time
             ,
             in
             selling
             measled
             Flesh
             ;
             and
             this
             is
             a
             Special
             Banishment
             .
          
           
             A
             man
             Exil'd
             ,
             does
             forfeit
             these
             things
             .
          
           
             1.
             
             Hee
             looseth
             thereby
             the
             Freedom
             and
             Liberty
             of
             the
             Nation
             out
             of
             which
             he
             is
             Exiled
             .
          
           
             2.
             
             He
             forfeits
             his
             freedom
             in
             the
             Burrough
             or
             City
             where
             he
             was
             free
             ;
             for
             he
             which
             forfeits
             the
             Freedom
             of
             the
             whole
             Realm
             ,
             forfeits
             his
             Freedom
             in
             every
             part
             .
          
           
             3.
             
             The
             Law
             accounts
             him
             as
             one
             dead
             ;
             for
             his
             Heir
             
             may
             enter
             ,
             and
             so
             may
             his
             Wife
             enter
             into
             her
             own
             Lands
             ,
             and
             may
             sue
             an
             Action
             as
             a
             
               Feme
               sole
            
             .
          
           
             4.
             
             He
             shall
             forfeit
             those
             Lands
             which
             he
             shall
             purchase
             in
             
             the
             Realm
             ,
             
               during
               his
               Banishment
            
             ;
             for
             he
             during
             his
             Banishment
             ,
             is
             as
             much
             disabled
             to
             purchase
             ,
             as
             an
             Alien
             ;
             for
             
               fit
               alienigena
            
             by
             his
             Banishment
             ;
             and
             he
             is
             observed
             to
             be
             in
             a
             worse
             Condition
             than
             an
             Alien
             ;
             for
             he
             is
             marked
             with
             
               Indignatio
               principis
            
             .
             'T
             is
             true
             ,
             he
             cannot
             forfeit
             neither
             Title
             of
             Honour
             ,
             nor
             Knighthood
             ,
             nor
             the
             Lands
             he
             had
             before
             Exile
             ,
             unless
             there
             be
             special
             Sentence
             or
             Judgment
             ,
             as
             that
             of
             the
             Spencers
             .
          
           
             If
             the
             Father
             be
             in
             Exile
             ,
             this
             hinders
             not
             the
             Freedom
             of
             the
             Son
             ;
             for
             the
             same
             is
             not
             a
             thing
             descendable
             ;
             for
             should
             it
             be
             so
             ,
             then
             the
             Banishmens
             of
             the
             Father
             would
             make
             a
             Forfeiture
             of
             the
             Freedom
             ;
             but
             the
             Son
             has
             this
             Freedom
             by
             his
             own
             Birth
             ,
             as
             a
             Purchase
             ,
             and
             not
             by
             the
             death
             of
             his
             Father
             by
             descent
             :
             Like
             the
             Case
             where
             
               J.
               S.
            
             
             hath
             many
             Children
             ,
             and
             then
             he
             confesseth
             himself
             a
             Villain
             to
             
               J.
               D.
            
             in
             Court
             of
             Record
             ;
             yet
             his
             Children
             formerly
             Born
             ,
             are
             Free-men
             ,
             and
             no
             Villains
             ;
             the
             Reason
             is
             ,
             because
             they
             were
             Free
             by
             their
             own
             Births
             ;
             but
             the
             Inheritance
             is
             Inthralled
             ,
             because
             it
             is
             to
             come
             to
             the
             Heir
             by
             descent
             .
          
           
             XI
             .
             A
             Free-man
             of
             a
             City
             or
             Burrough
             ,
             may
             be
             made
             divers
             ways
             ,
             as
             my
             Lord
             Cooke
             observes
             ,
          
           
             1.
             
             By
             Service
             .
             
          
           
             2.
             
             By
             Birth
             ,
             by
             being
             the
             Son
             of
             a
             Free-man
             .
          
           
             3.
             
             By
             Purchase
             ,
             or
             Redemption
             .
          
           
             At
             Bristol
             by
             Marriage
             .
          
           
             Sir
             
               John
               Davies
            
             in
             his
             Irish
             Reports
             ,
             observes
             the
             same
             
             for
             Law.
             St.
             Paul
             was
             born
             at
             Tarsus
             in
             Cicilia
             ,
             which
             was
             under
             the
             obedience
             of
             the
             Romans
             ;
             by
             vertue
             of
             which
             he
             challenged
             the
             priviledge
             of
             a
             
               Roman
               Citizen
            
             ;
             but
             it
             was
             accounted
             no
             more
             than
             a
             
               National
               Freedom
            
             ;
             like
             that
             of
             Calvin
             ,
             who
             claimed
             the
             general
             Freedom
             of
             an
             English-man
             ,
             being
             born
             in
             Scotland
             ,
             but
             under
             the
             obedience
             of
             the
             King
             of
             England
             ;
             but
             that
             Challenge
             made
             not
             St.
             Paul
             Free
             of
             the
             Private
             Customs
             ,
             Priviledges
             ,
             and
             Franchises
             of
             Rome
             ,
             no
             more
             than
             Calvins
             Birth
             made
             him
             a
             Free
             Citizen
             of
             London
             ,
             to
             the
             particular
             Customs
             of
             that
             City
             .
          
           
             The
             King
             ,
             by
             his
             Letters
             Patents
             ,
             cannot
             make
             one
             
             a
             Free-man
             of
             London
             ;
             †
             yet
             he
             may
             thereby
             make
             him
             a
             Free-man
             of
             his
             Kingdom
             .
          
           
             If
             one
             be
             Born
             in
             a
             City
             ,
             of
             Parents
             that
             are
             not
             Free
             ,
             the
             Child
             hereby
             is
             no
             Citizen
             by
             Birth
             ;
             and
             if
             one
             be
             born
             of
             Free
             Parents
             out
             of
             the
             place
             of
             Priviledges
             ,
             as
             London
             ,
             &c.
             he
             yet
             is
             a
             Free-man
             by
             Birth
             ;
             yet
             in
             the
             
               Charter
               Granted
            
             to
             Yarmouth
             ,
             the
             words
             were
             
               concessimus
               Burgensibus
               de
               magna
            
             Yarmutha
             
               de
               Villa
               praedict
               '
               Oriundis
            
             ,
             that
             they
             should
             have
             such
             and
             such
             Liberties
             :
             So
             that
             Special
             words
             may
             alter
             the
             Case
             .
          
           
             London
             had
             many
             Royal
             Franchises
             granted
             them
             from
             time
             to
             time
             ,
             and
             were
             often
             by
             former
             Kings
             successively
             
             confirmed
             ,
             nor
             wanted
             they
             a
             share
             when
             the
             great
             Charter
             
             was
             granted
             ,
             to
             have
             their
             ancient
             liberties
             secured
             ,
             nor
             were
             the
             succeeding
             Princes
             slack
             in
             their
             Royal
             grants
             and
             confirmations
             ;
             but
             especially
             Richard
             the
             Second
             ,
             who
             in
             Parliament
             granted
             and
             confirmed
             to
             them
             all
             their
             ancient
             customes
             and
             liberties
             ,
             with
             this
             clause
             
               Licet
               usi
               non
               fuerint
               vel
               abusi
               fuerint
            
             ;
             and
             notwithstanding
             any
             Statute
             to
             the
             contrary
             ,
             amongst
             the
             number
             of
             their
             many
             
             Priviledges
             ,
             the
             freedom
             of
             the
             same
             was
             accounted
             of
             no
             small
             importance
             ,
             since
             in
             divers
             Parliaments
             it
             was
             very
             much
             aimed
             at
             ,
             and
             endeavoured
             to
             be
             impaired
             ;
             but
             at
             last
             they
             obtained
             a
             most
             gracious
             and
             Royal
             Confirmation
             in
             Parliament
             of
             their
             ancient
             liberties
             ,
             amongst
             
             which
             it
             is
             declared
             that
             no
             Merchant
             ,
             being
             a
             Stranger
             to
             the
             Liberty
             of
             the
             said
             City
             ,
             should
             sell
             any
             Commodities
             within
             the
             Liberty
             of
             the
             said
             City
             to
             other
             Merchant-Strangers
             ;
             nor
             that
             such
             Merchant-Stranger
             should
             buy
             of
             anyother
             Merchant-Stranger
             such
             Merchandize
             ,
             within
             the
             Liberty
             of
             the
             said
             City
             ,
             without
             forfeiture
             thereof
             ;
             saving
             that
             any
             Person
             ,
             Lord
             ,
             Knight
             ,
             &c.
             may
             buy
             within
             the
             Liberties
             of
             any
             Merchant-Stranger
             Merchandizes
             in
             gross
             for
             their
             own
             use
             ,
             so
             that
             they
             do
             not
             sell
             them
             again
             to
             any
             other
             .
             And
             as
             this
             City
             by
             Custom
             may
             pre-clude
             any
             Person
             ,
             not
             being
             free
             of
             the
             same
             ,
             to
             sell
             in
             such
             manner
             upon
             such
             pain
             ;
             so
             any
             other
             City
             ,
             which
             are
             Burroughs
             or
             Cities
             by
             prescription
             within
             this
             Realm
             ,
             may
             have
             the
             like
             Custom
             ,
             and
             the
             goods
             sould
             or
             bought
             by
             such
             ,
             may
             be
             subjected
             to
             forfeiture
             ,
             but
             the
             same
             cannot
             be
             good
             by
             Charter
             or
             Grant.
             
          
           
             A
             compleat
             Free-man
             is
             such
             a
             one
             as
             hath
             challenged
             his
             freedom
             ,
             and
             taken
             the
             Free-mans
             Oath
             ,
             and
             is
             admitted
             into
             the
             Society
             and
             Fellowship
             of
             the
             Free-men
             ,
             
             Citizens
             ,
             and
             Burgesses
             ,
             otherwise
             he
             hath
             but
             a
             bare
             right
             to
             his
             freedom
             .
          
        
         
           
           
             CHAP.
             II.
             
               Of
               Aliens
               ,
               as
               in
               relation
               to
               their
               Estates
               real
               and
               personal
               .
            
          
           
             
               
                 
                   I.
                   Of
                   an
                   Alien
                   his
                   ability
                   and
                   disability
                   in
                   the
                   taking
                   and
                   enjoying
                   of
                   Estates
                   real
                   and
                   personal
                   .
                
                 
                   II.
                   Of
                   his
                   capacity
                   in
                   purchasing
                   ,
                   and
                   disability
                   to
                   transfer
                   by
                   an
                   hereditary
                   descent
                   .
                
                 
                   III.
                   Of
                   the
                   rules
                   of
                   descents
                   ,
                   according
                   to
                   the
                   Laws
                   of
                   several
                   Countreys
                   .
                
                 
                   IV.
                   Of
                   descents
                   according
                   to
                   the
                   rules
                   of
                   the
                   Common
                   Law
                   of
                   England
                   lineal
                   and
                   collateral
                   .
                
                 
                   V.
                   Of
                   Impediments
                   in
                   one
                   that
                   is
                   not
                   the
                   
                     medius
                     antecessor
                  
                   .
                
                 
                   VI.
                   Of
                   Impediments
                   in
                   one
                   that
                   is
                   the
                   
                     medius
                     antecessor
                  
                   lineal
                   and
                   collateral
                   .
                
                 
                   VII
                   .
                   Of
                   the
                   Statute
                   of
                   
                     Natis
                     ultra
                     Mare
                  
                   ,
                   and
                   of
                   issues
                   born
                   beyond
                   the
                   Seas
                   .
                
                 
                   VIII
                   .
                   The
                   
                     Lord
                     Cokes
                  
                   opinion
                   ,
                   that
                   if
                   an
                   Allien
                   has
                   issue
                   two
                   Sons
                   Denizons
                   ,
                   the
                   one
                   purchases
                   Lands
                   ,
                   and
                   dyes
                   ,
                   the
                   other
                   cannot
                   inherit
                   them
                   ,
                   debated
                   and
                   refuted
                   .
                
                 
                   IX
                   .
                   Of
                   Foreign
                   births
                   ,
                   which
                   do
                   not
                   create
                   a
                   disability
                   .
                
                 
                   X.
                   Of
                   Aliens
                   not
                   disabled
                   by
                   Law
                   to
                   bring
                   either
                   real
                   or
                   personal
                   actions
                   .
                
                 
                   XI
                   .
                   Of
                   Office
                   that
                   must
                   entitle
                   the
                   King
                   to
                   an
                   Aliens
                   Estate
                   ▪
                
                 
                   XII
                   .
                   Of
                   some
                   particular
                   immunities
                   and
                   other
                   matters
                   relating
                   to
                   an
                   Alien
                   .
                
              
            
          
           
             AN
             Alien
             is
             one
             born
             in
             a
             strange
             Countrey
             ,
             under
             
             the
             obedience
             of
             a
             
               strange
               Prince
               and
               State
            
             ,
             and
             out
             of
             the
             legeance
             of
             the
             
               King
               of
               England
            
             ,
             and
             can
             have
             no
             
             real
             or
             personal
             action
             for
             or
             concerning
             Lands
             ;
             and
             therefore
             if
             he
             purchase
             Lands
             ,
             Tenements
             ,
             and
             Hereditaments
             to
             him
             and
             his
             Heirs
             ,
             albeit
             he
             can
             have
             no
             Heir
             ,
             yet
             he
             is
             of
             capacity
             
               to
               take
            
             a
             fee-simple
             ,
             but
             not
             
               to
               hold
            
             ,
             for
             the
             King
             upon
             Office
             found
             shall
             have
             it
             by
             his
             Prerogative
             .
          
           
             So
             it
             is
             if
             he
             purchase
             Lands
             and
             dyes
             ,
             the
             Law
             doth
             
             cast
             the
             free-hold
             and
             inheritance
             upon
             the
             King.
             
          
           
             But
             if
             he
             purchase
             or
             take
             a
             Lease
             for
             years
             of
             a
             House
             or
             Ware-house
             ,
             which
             is
             for
             the
             accommodating
             him
             as
             a
             Merchant-stranger
             ,
             whose
             Prince
             or
             State
             is
             in
             League
             with
             ours
             ,
             there
             he
             may
             hold
             the
             same
             ,
             for
             that
             the
             same
             is
             incident
             to
             Commerce
             .
          
           
             And
             in
             that
             case
             if
             he
             departs
             and
             relinquishes
             the
             Realm
             ,
             the
             King
             shall
             have
             the
             same
             ,
             so
             it
             is
             ,
             if
             he
             be
             no
             Merchant
             .
          
           
           
             The
             like
             Law
             is
             if
             he
             takes
             a
             Lease
             of
             Meadows
             ,
             Lands
             ,
             Woods
             ,
             or
             Pastures
             ,
             the
             King
             shall
             have
             the
             same
             ;
             for
             the
             Law
             provides
             him
             nothing
             
               but
               a
               habitation
               to
               Trade
               and
            
             
             
               traffique
               in
               as
               a
               Merchant
            
             .
          
           
             II.
             Though
             he
             may
             take
             by
             purchase
             by
             his
             own
             Contract
             ,
             that
             which
             he
             cannot
             retain
             against
             the
             King
             ,
             yet
             the
             Law
             will
             not
             enable
             him
             by
             an
             Act
             of
             its
             own
             ,
             to
             transfer
             by
             hereditary
             descent
             (
             the
             Alien
             dying
             ,
             his
             issue
             a
             Denizon
             born
             )
             the
             Land
             will
             not
             descend
             ,
             or
             to
             take
             by
             
               an
               Act
               in
               Law
            
             ,
             for
             the
             Law
             
               Quae
               nihil
               facit
               frustra
            
             will
             not
             give
             him
             an
             inheritance
             or
             free-hold
             by
             an
             Act
             in
             Law
             ,
             for
             he
             cannot
             keep
             it
             .
          
           
             
               Therefore
               the
               Law
               will
               not
               give
               him
            
             
               
                 
                   1.
                   
                   By
                   discent
                   .
                
                 
                   2.
                   
                   By
                   courtesey
                   .
                
                 
                   3.
                   
                   By
                   Dower
                   .
                
                 
                   4.
                   
                   By
                   Guardianship
                   .
                
              
            
          
           
             And
             in
             respect
             of
             that
             incapacity
             he
             ressembles
             a
             Person
             Attaint
             ,
             but
             with
             this
             difference
             .
          
           
             The
             Law
             looks
             upon
             a
             Person
             attaint
             as
             one
             that
             it
             takes
             notice
             of
             ,
             and
             therefore
             the
             eldest
             Son
             attainted
             over-living
             the
             Father
             ,
             though
             he
             shall
             not
             take
             by
             descent
             in
             respect
             of
             his
             disability
             ,
             yet
             he
             shall
             hinder
             the
             descent
             to
             the
             younger
             .
          
           
             But
             if
             the
             eldest
             Son
             be
             an
             Alien
             the
             Law
             takes
             
               no
               notice
               of
               him
            
             ,
             and
             therefore
             as
             he
             shall
             not
             take
             by
             descent
             ,
             
             so
             he
             shall
             not
             impede
             the
             descent
             to
             the
             yonger
             Brother
             :
             As
             for
             instance
             ,
             if
             there
             be
             three
             Brothers
             ,
             the
             eldest
             an
             Alien
             ,
             the
             other
             two
             naturalized
             ,
             and
             the
             middle
             Brother
             purchase
             ,
             and
             dyes
             without
             issue
             ,
             the
             younger
             Brother
             shall
             have
             the
             Lands
             .
          
           
             III.
             Concerning
             the
             Rules
             of
             descents
             we
             are
             not
             to
             govern
             our selves
             therein
             by
             the
             general
             notions
             of
             
               love
               or
               proximity
               of
               nature
            
             ,
             but
             by
             the
             municipal
             Ltws
             of
             the
             Countrey
             wherein
             the
             question
             ariseth
             ;
             for
             the
             various
             Laws
             of
             divers
             Countreys
             have
             variously
             disposed
             the
             manner
             of
             descents
             ,
             even
             in
             the
             same
             line
             and
             degree
             of
             proximity
             :
             For
             instance
             ,
             the
             Father
             certainly
             is
             as
             near
             of
             kin
             to
             the
             Son
             ,
             as
             the
             Son
             is
             to
             the
             Father
             ,
             and
             is
             nearer
             in
             proximity
             than
             a
             Brother
             ,
             and
             therefore
             shall
             
             he
             preferred
             as
             next
             of
             kin
             in
             administration
             to
             the
             Sons
             Estate
             .
          
           
             According
             to
             the
             Jews
             ,
             for
             want
             of
             issue
             of
             the
             Son
             ,
             the
             
             Father
             succeeds
             ,
             excluding
             the
             Brothers
             ,
             and
             that
             hath
             
             been
             the
             use
             and
             construction
             of
             the
             
               Jewish
               Doctors
               upon
               numb
            
             .
             27.
             9.
             but
             the
             Mother
             was
             wholly
             excluded
             .
          
           
             2.
             
             According
             to
             the
             provision
             of
             the
             Greeks
             for
             the
             succession
             or
             exclusion
             of
             the
             Father
             ,
             is
             left
             doubtful
             .
          
           
             3.
             
             By
             the
             
               Roman
               or
               Civil
               Law
            
             ,
             according
             to
             the
             estimation
             of
             the
             
               twelve
               Tables
            
             ,
             the
             Father
             succeeded
             in
             the
             purchase
             of
             the
             Son
             for
             want
             of
             issue
             of
             the
             Son
             ,
             under
             the
             title
             
               proximit
               agnato
            
             ,
             and
             so
             was
             the
             use
             ;
             but
             my
             Lord
             
             Cook
             supposes
             the
             contrary
             .
          
           
             But
             taking
             the
             whole
             Institution
             of
             Justinian
             ,
             the
             Son
             
             dying
             without
             issue
             ,
             his
             Brothers
             ,
             Sisters
             ,
             Father
             ,
             or
             Mother
             do
             succeed
             him
             as
             well
             to
             Land
             as
             goods
             ,
             in
             a
             kind
             of
             Copercenary
             .
          
           
             4.
             
             According
             to
             the
             Laws
             of
             Normandy
             ,
             (
             which
             in
             some
             things
             have
             a
             cognition
             with
             our
             Law
             )
             his
             Brothers
             are
             
             preferred
             before
             the
             Father
             (
             if
             the
             Son
             dye
             issueless
             ,
             )
             but
             his
             Father
             before
             his
             Uncle
             .
          
           
             5.
             
             According
             to
             the
             Laws
             of
             England
             the
             Son
             dying
             
               sans
               issue
            
             ,
             or
             Brothers
             ,
             or
             Sisters
             ,
             the
             Father
             cannot
             succeed
             but
             it
             descends
             to
             the
             Uncle
             .
          
           
             IV.
             There
             be
             two
             kinds
             of
             descents
             ,
             according
             to
             the
             Common
             Laws
             of
             this
             Realm
             .
          
           
             
               1.
               
               Lineal
               from
               the
               Father
               or
               Grand-father
               ,
               to
               Son
               or
               Grand-son
               .
            
             
               2.
               
               
                 Collateral
                 or
                 transversed
              
               ,
               as
               from
               Brother
               to
               Sister
               ,
               Uncle
               to
               Nephew
               ,
               and
               
                 e
                 converso
              
               :
               And
               both
               these
               again
               of
               two
               sorts
               .
            
             
               
                 
                   1.
                   
                   Immediate
                   ,
                   as
                   in
                   lineals
                   from
                   Father
                   to
                   Son.
                   
                
                 
                   2.
                   
                   Mediate
                   ,
                   as
                   in
                   lineals
                   from
                   Grand-father
                   to
                   Grand-child
                   ,
                   
                   where
                   the
                   Father
                   dying
                   in
                   the
                   life
                   time
                   of
                   the
                   Grand-father
                   ,
                   is
                   the
                   
                     medium
                     differens
                  
                   of
                   the
                   descent
                   .
                
              
            
          
           
             Collateral
             as
             in
             lineal
             from
             Uncle
             to
             Nephew
             ,
             or
             
               e
               converso
            
             .
          
           
             And
             this
             meditae
             descent
             ,
             or
             meditate
             Ancestor
             ,
             though
             to
             many
             purposes
             it
             be
             immediate
             ;
             for
             the
             Father
             dying
             in
             the
             life
             of
             the
             Grand-father
             ,
             the
             Son
             succeeds
             in
             point
             of
             descent
             in
             the
             Lands
             immediately
             to
             the
             Grand-father
             ;
             and
             in
             a
             writ
             of
             Entry
             shall
             be
             supposed
             to
             be
             in
             by
             the
             Grand-father
             ,
             and
             not
             in
             the
             
               post
               &
               cui
            
             .
          
           
             This
             is
             called
             a
             mediate
             descent
             ,
             because
             the
             Father
             is
             the
             medium
             through
             whom
             the
             Son
             derives
             his
             title
             to
             the
             Grand-father
             .
          
           
           
             In
             immediate
             descents
             there
             can
             be
             no
             impediment
             ,
             but
             what
             arises
             in
             the
             parties
             themselves
             :
             For
             instance
             ,
             the
             Father
             seized
             of
             Lands
             ,
             the
             impediment
             that
             hinders
             the
             descent
             must
             be
             in
             the
             Father
             or
             Son
             ,
             as
             if
             either
             of
             them
             attaint
             ,
             or
             an
             Alien
             .
          
           
             In
             mediate
             descents
             ,
             a
             disability
             of
             being
             an
             Alien
             or
             Attaint
             ,
             in
             him
             that
             is
             called
             the
             
               medius
               antecessor
            
             ,
             will
             disable
             a
             Person
             to
             take
             by
             descent
             ,
             though
             he
             himself
             have
             no
             such
             disability
             .
          
           
             In
             lineal
             descents
             ,
             if
             the
             Father
             be
             Attaint
             ,
             or
             an
             Alien
             ,
             and
             hath
             issue
             a
             Denizon
             born
             ,
             and
             dye
             in
             the
             life
             time
             of
             the
             Grand-father
             ,
             the
             Grand-father
             dyes
             seized
             ,
             the
             Son
             shall
             not
             take
             ,
             but
             the
             Land
             shall
             escheat
             .
          
           
             In
             Collateral
             descents
             A.
             and
             B.
             brothers
             ,
             A.
             is
             an
             Alien
             
             or
             attaint
             ,
             has
             issue
             C.
             a
             Denizon
             born
             ,
             B.
             purchases
             Lands
             and
             dyes
             without
             issue
             ,
             C.
             shall
             not
             inherit
             ,
             because
             A.
             which
             was
             the
             
               medius
               antecessor
            
             or
             
               medium
               differens
            
             ,
             is
             uncapable
             .
          
           
             V.
             But
             in
             any
             descents
             ,
             the
             impediment
             in
             an
             Ancestor
             that
             is
             not
             
               medius
               antecessor
            
             ,
             from
             whom
             and
             to
             whom
             will
             not
             impede
             the
             discent
             .
          
           
             As
             for
             instance
             ,
             the
             Grand-father
             and
             Grand-mother
             
             both
             Aliens
             ,
             or
             attaint
             of
             Treason
             ,
             have
             issue
             ,
             the
             Father
             a
             Denizon
             ,
             who
             hath
             issue
             the
             Son
             a
             
               natural
               born
               subject
            
             ,
             the
             Father
             purchases
             Lands
             ,
             and
             dyes
             ,
             the
             Son
             shall
             be
             Heir
             to
             the
             Father
             ,
             notwithstanding
             the
             disability
             of
             the
             Grand-father
             ,
             (
             and
             yet
             all
             the
             blood
             which
             the
             Father
             hath
             is
             derived
             from
             his
             disabled
             Parents
             )
             for
             they
             are
             not
             
               medii
               antecessores
            
             ,
             between
             the
             Father
             and
             the
             Son
             ,
             but
             paramont
             .
          
           
             The
             Law
             does
             not
             hinder
             ,
             but
             that
             an
             
               Alien
               is
               of
               the
               same
               degree
               and
               relation
               of
               consanguinity
               ,
               as
               natural
               born
               Subjects
               or
               Denizons
               born
               ,
            
             the
             Son
             ,
             Father
             and
             Brother
             though
             Aliens
             ;
             the
             Son
             ,
             Father
             ,
             and
             Brother
             our
             Law
             takes
             notice
             of
             as
             well
             as
             natural
             born
             Subjects
             ,
             and
             so
             it
             was
             adjudged
             ,
             for
             he
             shall
             be
             preferred
             in
             Administration
             ,
             
             though
             an
             Alien
             ,
             
               as
               next
               of
               Kin.
            
             
          
           
             But
             in
             cases
             of
             Inheritance
             the
             Law
             takes
             
               no
               notice
               of
               him
            
             ,
             and
             therefore
             as
             he
             shall
             not
             take
             by
             descent
             ,
             so
             he
             shall
             not
             impede
             the
             descent
             to
             the
             younger
             Brother
             :
             As
             for
             instance
             ,
             A
             ,
             an
             Alien
             ,
             B.
             and
             
             C.
             naturalized
             by
             Act
             of
             Parliament
             ,
             (
             brothers
             )
             B.
             
             purchases
             Lands
             and
             dyes
             
               sine
               prole
            
             ,
             C.
             shall
             inherit
             ,
             and
             not
             A.
             
          
           
             A.
             an
             Alien
             ,
             B.
             and
             C.
             his
             Brothers
             both
             naturalized
             by
             Act
             of
             Parliament
             ,
             B.
             purchases
             Lands
             and
             d●…es
             w●…th
             
             out
             issue
             ,
             the
             same
             shall
             not
             come
             to
             A
             ,
             nor
             to
             his
             issue
             though
             a
             Denizon
             ,
             but
             shall
             come
             to
             C.
             and
             his
             issue
             ;
             the
             Law
             taking
             
               no
               notice
            
             of
             A.
             as
             to
             impede
             the
             succession
             of
             C.
             or
             his
             issue
             ,
             though
             it
             work
             a
             
               consequential
               disability
            
             to
             bar
             the
             issue
             of
             A.
             parallel
             to
             what
             the
             Law
             calls
             corruption
             of
             blood
             ,
             which
             is
             a
             consequent
             of
             Attainder
             .
          
           
             VI.
             Again
             in
             lineal
             descents
             ,
             if
             there
             be
             a
             Grandfather
             natural
             born
             Subject
             ,
             Father
             an
             Alien
             ,
             Son
             natural
             born
             subject
             ,
             the
             Father
             is
             made
             Denizon
             ,
             he
             shall
             not
             inherit
             the
             Grand-father
             ;
             and
             if
             the
             Father
             dyes
             in
             the
             life
             of
             the
             Grand-father
             ,
             the
             Grand-child
             ,
             
               though
               born
               after
               the
               denization
            
             ,
             doth
             not
             remove
             neither
             the
             personal
             nor
             consequential
             impediments
             or
             incapacity
             of
             the
             Father
             .
          
           
             In
             collateral
             descents
             ,
             the
             Father
             a
             natural
             born
             Subject
             
             has
             issue
             two
             Sons
             Aliens
             ,
             who
             are
             both
             made
             Denizons
             ,
             and
             dyes
             without
             issue
             ,
             the
             other
             shall
             not
             inherite
             him
             .
          
           
             A.
             an
             Alien
             marries
             an
             English
             woman
             ,
             who
             is
             seized
             of
             Lands
             and
             has
             issue
             ,
             the
             Father
             and
             Mother
             dyes
             ,
             yet
             the
             issue
             may
             inherite
             the
             Mother
             ,
             
               non
               obstante
            
             the
             incapacity
             of
             the
             Father
             being
             an
             Alien
             .
          
           
             VII
             .
             The
             Statute
             
               de
               Natis
               ultra
               Mare
            
             ,
             declares
             the
             
             issue
             born
             of
             an
             English-man
             upon
             an
             English-woman
             shall
             be
             a
             Denizon
             ;
             yet
             the
             construction
             has
             been
             ,
             though
             
             an
             English
             Merchant
             marry
             a
             Forraigner
             ,
             and
             has
             issue
             by
             her
             born
             beyond
             the
             
               Seas
               ,
               that
               issue
               is
               a
               natural
               born
               Subject
               .
            
          
           
             But
             if
             an
             English-woman
             go
             beyond
             the
             Sea
             ,
             and
             there
             
             marry
             an
             Alien
             ,
             and
             have
             issue
             born
             beyond
             the
             Sea
             ,
             that
             issue
             are
             Aliens
             .
          
           
             If
             an
             English-woman
             marries
             an
             Alien
             beyond
             the
             Seas
             ,
             
             and
             than
             comes
             into
             England
             and
             has
             issue
             ,
             they
             are
             not
             Aliens
             ,
             but
             may
             inherit
             .
          
           
             My
             Lord
             Cook
             in
             his
             
               Commentaries
               on
               Littleton
            
             ,
             seems
             to
             be
             
             of
             opinion
             ,
             that
             if
             an
             Alien
             has
             issue
             two
             Sons
             born
             in
             England
             ,
             one
             dying
             without
             issue
             ,
             the
             other
             shall
             not
             inherit
             
             him
             .
             But
             the
             Law
             is
             otherwise
             taken
             at
             this
             day
             ,
             as
             I
             conceive
             the
             reasons
             that
             have
             been
             given
             ,
             are
             
          
           
             I.
             Though
             the
             descent
             from
             one
             Brother
             to
             another
             Brother
             be
             a
             
               collateral
               descent
            
             ,
             yet
             it
             is
             
               an
               immediate
               descent
            
             ,
             and
             consequently
             if
             no
             disability
             or
             impediment
             can
             be
             found
             
               in
               them
            
             ,
             no
             impediment
             
               in
               another
               Ancestor
            
             will
             hinder
             the
             descent
             between
             them
             :
          
           
             That
             this
             is
             an
             immediate
             descent
             appears
             ,
          
           
             First
             ,
             In
             point
             of
             pleading
             ,
             one
             Brother
             shall
             derive
             himself
             as
             Heir
             to
             another
             ,
             without
             mentioning
             any
             
               other
               Ancestor
            
             .
          
           
             Secondly
             ,
             According
             to
             the
             computation
             of
             degrees
             ,
             Brother
             and
             Brother
             make
             but
             one
             degree
             ,
             and
             the
             Brother
             is
             distant
             from
             his
             Brother
             or
             Sister
             in
             the
             
               first
               degree
            
             of
             consanguinity
             and
             no
             more
             ,
             by
             the
             Laws
             of
             England
             .
          
           
             According
             to
             the
             
               Civil
               Law
            
             *
             ,
             Brother
             and
             Brother
             make
             but
             
               one
               degree
            
             ,
             for
             the
             Brother
             is
             in
             the
             
               second
               degree
            
             from
             the
             Brother
             ,
             yet
             both
             make
             but
             
               one
               degree
            
             .
          
           
             According
             to
             the
             
               Canon
               Law
            
             †
             ,
             
               Frater
               &
               Frater
               ,
               or
               Frater
               &
               Soror
               sunt
               in
               primo
               gradu
               .
            
          
           
             And
             therefore
             the
             Laws
             prohibiting
             marriage
             between
             Kindred
             in
             the
             
               fourth
               degree
            
             ,
             takes
             Brother
             and
             Sister
             to
             be
             the
             
               first
               degree
            
             of
             the
             four
             .
          
           
             The
             Laws
             of
             England
             in
             computation
             of
             the
             degrees
             of
             
             consanguinity
             agrees
             with
             the
             
               Canon
               Law
            
             ,
             and
             reckons
             the
             Brother
             and
             Brother
             to
             be
             the
             
               first
               degree
            
             .
          
           
             Herewith
             agrees
             the
             Customs
             of
             Normandy
             *
             ,
             which
             though
             in
             some
             cases
             differs
             from
             the
             Laws
             of
             England
             ,
             yet
             herein
             and
             in
             divers
             other
             particulars
             touching
             descents
             ,
             they
             agree
             .
          
           
             Another
             evidence
             to
             prove
             that
             the
             descent
             between
             Brother
             is
             immediate
             ,
             is
             this
             
               (
               viz.
            
             )
             the
             descent
             between
             Brothers
             differs
             from
             all
             other
             collateral
             descents
             whatsoever
             ,
             
             for
             in
             other
             descents
             collateral
             
               the
               half
               blood
               does
               inherit
            
             ,
             but
             in
             a
             descent
             between
             Brother
             
               the
               half
               blood
               does
               impede
               the
               descent
               ,
            
             which
             argues
             that
             the
             descent
             is
             immediate
             .
          
           
             The
             Uncle
             of
             the
             part
             of
             the
             Father
             has
             no
             more
             of
             the
             blood
             of
             the
             Mother
             ,
             than
             the
             Brother
             by
             the
             second
             venter
             ,
             the
             Brother
             by
             the
             second
             venter
             has
             the
             immediate
             blood
             of
             the
             Father
             with
             the
             Uncle
             
               (
               viz.
            
             the
             Fathers
             
             Brother
             )
             has
             not
             but
             only
             as
             they
             meet
             in
             the
             Grand
             father
             ;
             the
             Brother
             of
             the
             half
             blood
             is
             nearer
             of
             blood
             then
             the
             Uncle
             ,
             and
             therefore
             shall
             be
             preferred
             in
             Administration
             .
          
           
             It
             is
             apparent
             that
             if
             in
             the
             line
             between
             Brother
             and
             Brother
             ,
             the
             Law
             takes
             notice
             how
             the
             Father
             was
             the
             medium
             thereof
             ,
             the
             Brother
             of
             the
             second
             venter
             should
             rather
             succeed
             the
             other
             Brother
             ,
             because
             he
             is
             Heir
             to
             the
             Father
             ,
             therefore
             in
             a
             descent
             between
             Brothers
             the
             Law
             respects
             only
             the
             
               immediate
               relation
               of
               the
               Brothers
               as
               Brothers
               ,
            
             and
             not
             in
             respect
             of
             the
             Father
             ,
             though
             it
             is
             true
             ,
             the
             foundation
             of
             their
             consanguinity
             ,
             is
             in
             their
             Father
             or
             Mother
             .
          
           
             Again
             ,
             if
             the
             Father
             ,
             in
             case
             of
             a
             descent
             between
             Brothers
             ,
             were
             such
             an
             Ancestor
             as
             the
             Law
             lookt
             upon
             as
             the
             medium
             that
             derives
             the
             descent
             from
             the
             one
             Brother
             to
             the
             other
             ,
             then
             the
             Attainder
             of
             the
             Father
             would
             hinder
             the
             descent
             between
             the
             Brothers
             :
             But
             the
             Attainder
             of
             the
             Father
             does
             not
             hinder
             the
             descent
             between
             the
             Brothers
             ,
             the
             reason
             is
             ,
             because
             
               the
               Father
               is
               not
               such
               a
               medium
               or
               nexus
            
             that
             is
             look'd
             upon
             by
             the
             Law
             ,
             as
             the
             means
             deriving
             such
             a
             descent
             between
             the
             two
             Brothers
             ;
             As
             for
             instance
             of
             three
             cases
             ,
             two
             whereof
             evince
             the
             first
             preposition
             .
             
               (
               viz.
            
             )
          
           
             That
             although
             the
             descent
             from
             one
             Brother
             to
             another
             Brother
             ,
             though
             it
             be
             a
             Collateral
             descent
             ,
             yet
             is
             an
             immediate
             descent
             ,
             
               and
               that
               if
               no
               disability
               or
               impediment
               arises
               in
               them
               ,
            
             no
             impediment
             in
             another
             Ancestor
             will
             hinder
             them
             .
          
           
             The
             younger
             Brother
             has
             issue
             ,
             and
             is
             attainted
             of
             Treason
             
             and
             dyes
             ,
             the
             elder
             Brother
             has
             title
             to
             
               a
               petition
               of
               right
            
             ,
             dyes
             sans
             issue
             without
             a
             restitution
             ,
             the
             younger
             Brothers
             Son
             has
             lost
             that
             title
             ;
             for
             though
             the
             title
             were
             in
             the
             Ancestor
             that
             was
             not
             attaint
             ,
             yet
             his
             Father
             that
             is
             the
             medium
             whereby
             he
             must
             convey
             that
             title
             was
             attaint
             ,
             and
             so
             the
             descent
             was
             obstructed
             .
          
           
             
               Henry
               Courtney
            
             had
             issue
             Edward
             ,
             and
             was
             attainted
             of
             Treason
             and
             dyed
             ,
             Edward
             purchased
             Lands
             and
             dyed
             
             without
             issue
             ,
             the
             Sisters
             and
             Heirs
             of
             Henry
             were
             disabled
             to
             inherit
             Edward
             ,
             yet
             neither
             Edward
             nor
             his
             Aunts
             were
             attainted
             ,
             or
             their
             blood
             corrupted
             ,
             yet
             because
             Henry
             was
             the
             
               medium
               through
               whom
            
             the
             Aunts
             
             must
             derive
             their
             pedigree
             and
             consanguinity
             to
             Edward
             ,
             who
             was
             attainted
             ,
             the
             descent
             was
             obstructed
             till
             a
             restitution
             in
             blood
             .
          
           
             But
             if
             the
             Grand-father
             ,
             of
             Edward
             had
             been
             attainted
             and
             not
             Henry
             ,
             this
             would
             not
             have
             hindred
             the
             descent
             from
             Edward
             to
             the
             Aunts
             ,
             because
             that
             
               Attainder
               had
               been
               paramount
            
             ,
             that
             consanguinity
             which
             was
             between
             Henry
             and
             his
             Sister
             ,
             and
             that
             is
             proved
             by
             this
             third
             case
             .
          
           
             
               William
               Hobby
            
             had
             issue
             Phillip
             and
             Mary
             ,
             and
             was
             attainted
             of
             Treason
             and
             dyed
             ,
             Phillip
             purchases
             Lands
             ,
             and
             
             dyed
             without
             issue
             ;
             it
             was
             adjudged
             in
             that
             case
             ,
             that
             
               non
               obstante
            
             the
             Attainder
             of
             
               William
               Hobby
               ,
               Mary
            
             should
             inherit
             ,
             because
             the
             descent
             and
             pedigree
             between
             Phillip
             and
             Mary
             was
             immediate
             ,
             and
             the
             
               Law
               regards
               not
               the
               disability
               of
               the
               Father
               .
            
          
           
             If
             the
             Heir
             of
             the
             part
             of
             the
             Father
             be
             attaint
             ,
             the
             Land
             shall
             escheat
             ,
             and
             shall
             never
             descend
             to
             the
             Heir
             
             of
             the
             part
             of
             the
             Mother
             ;
             but
             if
             the
             Son
             purchase
             Lands
             ,
             and
             has
             no
             kindred
             of
             the
             part
             of
             the
             Father
             but
             an
             Alien
             ,
             it
             shall
             descend
             to
             the
             Heirs
             of
             the
             part
             of
             the
             Mother
             .
          
           
             IX
             .
             Those
             that
             are
             born
             
               sub
               side
               legiantia
               obedientia
               Domini
               Reges
            
             are
             not
             Aliens
             ,
             and
             therefore
             those
             that
             were
             born
             in
             
               Gascoyne
               ,
               Normandy
               ,
               Acquitaine
               ,
               Turnay
               ,
               Callice
               ,
               Guyan
               ,
            
             whilst
             they
             were
             under
             the
             Dominion
             of
             the
             Kings
             of
             England
             ,
             were
             natural
             born
             Subjects
             ,
             and
             
             not
             Aliens
             .
          
           
             Scotland
             is
             a
             Kingdom
             by
             union
             ,
             and
             therefore
             those
             that
             were
             born
             in
             Scotland
             under
             the
             allegiance
             of
             the
             King
             ,
             as
             of
             his
             Kingdom
             of
             Scotland
             ,
             before
             the
             Crown
             came
             united
             ,
             were
             Aliens
             born
             ,
             and
             such
             plea
             against
             such
             Persons
             was
             a
             good
             plea
             ;
             but
             those
             that
             were
             born
             since
             the
             Crown
             of
             England
             descended
             to
             
               King
               James
            
             ,
             are
             not
             Aliens
             ,
             for
             they
             were
             born
             
               sub
               side
               legiantia
               Domini
               Regis
            
             ;
             so
             those
             that
             are
             born
             at
             this
             day
             in
             
               Uirginia
               ,
               New
               England
               ,
               Barbadoes
               ,
               Jamai●…a
               ,
            
             or
             any
             other
             of
             his
             Majesties
             Plantations
             and
             Dominions
             ,
             are
             natural
             born
             Subjects
             ,
             and
             not
             Aliens
             ;
             so
             likewise
             those
             that
             are
             born
             upon
             
             the
             King
             of
             
             England's
             Seas
             ,
             are
             not
             Aliens
             .
          
           
             X.
             But
             if
             an
             Alien
             be
             made
             an
             Abbot
             ,
             Prior
             ,
             Bishop
             ,
             or
             Dean
             ,
             the
             plea
             of
             an
             Alien
             we
             shall
             not
             disable
             him
             to
             
             to
             bring
             any
             real
             or
             mixt
             action
             ,
             concerning
             the
             possessions
             that
             he
             hold
             in
             his
             politique
             capacity
             ,
             
               because
               the
               same
               is
               brought
               in
               auter
               droit
               .
            
          
           
             The
             like
             Law
             is
             for
             an
             Executor
             or
             Administrator
             ,
             
             because
             the
             recovery
             is
             to
             anothers
             use
             .
          
           
             If
             an
             action
             is
             brought
             against
             an
             Alien
             ,
             and
             there
             is
             a
             Verdict
             and
             Judgment
             against
             him
             ,
             yet
             he
             may
             bring
             a
             
             writ
             of
             Error
             and
             be
             plaintif
             there
             ,
             and
             that
             such
             plea
             is
             not
             good
             in
             that
             case
             .
          
           
             Though
             an
             Alien
             may
             purchase
             and
             take
             that
             which
             he
             cannot
             keep
             nor
             retain
             ,
             yet
             the
             Law
             hath
             provided
             a
             
             mean
             of
             enquiry
             before
             he
             can
             be
             devested
             of
             the
             same
             ,
             for
             until
             Office
             be
             found
             ,
             the
             free-hold
             is
             in
             him
             .
          
           
             And
             this
             Office
             ,
             which
             is
             to
             gain
             to
             the
             King
             a
             Fee
             or
             Free-hold
             ,
             must
             be
             under
             the
             
               Great
               Seal
               of
               England
            
             ,
             for
             a
             Commission
             under
             the
             
               Exchequer
               Seal
            
             is
             not
             sufficient
             ,
             to
             entitle
             the
             King
             to
             the
             Lands
             of
             an
             Alien
             born
             ;
             for
             the
             Commission
             is
             that
             which
             gives
             a
             title
             to
             the
             King
             ,
             for
             before
             that
             the
             King
             hath
             no
             title
             ,
             but
             in
             cases
             of
             Treason
             there
             upon
             Attainder
             ,
             the
             Lands
             are
             in
             the
             King
             without
             Office
             ;
             and
             in
             that
             case
             ,
             to
             inform
             the
             Court
             ,
             a
             Commission
             may
             go
             out
             under
             the
             Echequer
             Seal
             .
          
           
             XI
             .
             If
             an
             Alien
             ,
             and
             a
             Subject
             born
             ,
             purchase
             Lands
             to
             them
             ,
             and
             to
             their
             Heirs
             ,
             they
             are
             
               joint
               tenants
            
             ,
             and
             shall
             join
             in
             Assize
             ,
             and
             the
             Survivor
             shall
             hold
             place
             till
             Office
             found
             .
          
           
             By
             the
             finding
             of
             this
             Office
             the
             party
             is
             out
             of
             possession
             ,
             if
             the
             same
             be
             of
             Houses
             or
             Lands
             ,
             or
             such
             things
             as
             do
             
             lye
             in
             livery
             ;
             but
             of
             Rents
             ,
             Common
             advowsons
             ,
             and
             other
             Inheritances
             incorporeal
             which
             lye
             in
             grant
             ,
             the
             Alien
             is
             not
             out
             of
             possession
             (
             be
             they
             appendant
             or
             in
             gross
             )
             therefore
             if
             an
             Information
             or
             an
             Action
             be
             brought
             for
             the
             same
             ,
             the
             party
             may
             traverse
             the
             Office
             in
             that
             Court
             ,
             where
             the
             Action
             or
             Information
             is
             brought
             for
             the
             King.
             
             
          
           
             And
             if
             the
             King
             obtains
             not
             the
             possession
             within
             the
             year
             after
             the
             Office
             found
             ,
             he
             cannot
             seize
             without
             a
             
               scire
               facias
            
             .
          
           
             It
             is
             not
             for
             the
             
               Honour
               of
               the
               King
            
             (
             an
             Alien
             purchasing
             of
             a
             Copyhold
             )
             to
             seize
             the
             same
             ,
             for
             that
             the
             same
             is
             a
             base
             tenure
             ;
             and
             so
             it
             was
             adjudged
             where
             a
             Copy-hold
             was
             surrendred
             to
             J.
             S.
             in
             trust
             that
             one
             
             Holland
             an
             Alien
             ,
             should
             take
             the
             profits
             thereof
             to
             his
             
             own
             use
             and
             benefit
             ,
             upon
             an
             Inquisition
             taken
             ,
             it
             was
             adjudged
             the
             same
             was
             void
             and
             should
             be
             quashed
             ,
             because
             the
             King
             cannot
             be
             entitled
             to
             the
             Copyhold
             Lands
             of
             an
             Alien
             ,
             nor
             to
             the
             use
             of
             Copyhold
             Lands
             as
             the
             principal
             case
             was
             .
          
           
             An
             Alien
             Infant
             under
             the
             age
             of
             21
             years
             ,
             cannot
             be
             a
             Merchant
             Trader
             within
             this
             Realm
             ,
             nor
             can
             he
             enter
             
             any
             goods
             in
             his
             own
             name
             at
             the
             Custom-house
             .
          
           
             If
             an
             Englishman
             shall
             go
             beyond
             the
             Seas
             ,
             and
             shall
             there
             become
             a
             sworn
             Subject
             to
             any
             
               Forraign
               Prince
               or
               State
            
             ,
             he
             shall
             be
             look'd
             upon
             in
             the
             nature
             of
             an
             Alien
             ,
             
             and
             shall
             pay
             such
             Impositions
             as
             Aliens
             ;
             if
             he
             comes
             and
             lives
             in
             England
             again
             ,
             he
             shall
             be
             restored
             to
             his
             liberties
             .
          
           
             An
             Alien
             is
             robbed
             ,
             and
             then
             he
             makes
             his
             Executor
             ,
             
             and
             dyes
             ,
             and
             afterwards
             the
             goods
             are
             waift
             ,
             the
             Lord
             of
             the
             Franchise
             shall
             not
             have
             them
             ,
             but
             the
             Executors
             .
             
               Vide
               Stat.
            
             13.
             
             E.
             4.
             
          
           
             All
             personal
             actions
             he
             may
             sue
             ,
             as
             on
             a
             Bond
             ,
             so
             likewise
             
             for
             words
             ;
             for
             the
             Common
             Law
             according
             to
             the
             Laws
             of
             Nations
             protects
             Trade
             and
             Traffique
             ,
             and
             not
             to
             have
             the
             benefit
             of
             the
             Law
             in
             such
             cases
             is
             to
             deny
             Trade
             .
          
        
         
           
           
             CHAP.
             III.
             
               Of
               Naturalization
               and
               Denization
            
             .
          
           
             
               
                 
                   I.
                   Whether
                   the
                   Kings
                   of
                   England
                   can
                   naturalize
                   without
                   Act
                   of
                   Parliament
                   .
                
                 
                   II.
                   What
                   operation
                   Naturalization
                   hath
                   in
                   reference
                   to
                   remove
                   the
                   disability
                   arising
                   from
                   themselves
                   .
                
                 
                   III.
                   What
                   operation
                   naturalization
                   ,
                   hath
                   as
                   in
                   reference
                   to
                   remove
                   deffects
                   arising
                   from
                   a
                   lineal
                   or
                   collateral
                   Ancestor
                   .
                
                 
                   IV.
                   A
                   Kingdom
                   conquered
                   ,
                   and
                   united
                   to
                   the
                   Crown
                   of
                   England
                   ,
                   whether
                   by
                   granting
                   them
                   a
                   power
                   to
                   make
                   Laws
                   ,
                   can
                   implicitely
                   create
                   in
                   them
                   such
                   a
                   Soveraignty
                   ,
                   as
                   to
                   impose
                   on
                   the
                   Realm
                   of
                   England
                   .
                
                 
                   V.
                   Of
                   Persons
                   naturalized
                   by
                   a
                   Kingdom
                   dependant
                   ,
                   whether
                   capable
                   of
                   imposing
                   on
                   one
                   that
                   is
                   absolute
                   .
                
                 
                   VI.
                   Of
                   Kingdoms
                   obtained
                   by
                   conquest
                   ,
                   how
                   the
                   Empire
                   of
                   the
                   same
                   is
                   acquired
                   ,
                   and
                   how
                   the
                   Conqueror
                   succeeds
                   .
                
                 
                   VII
                   .
                   Ireland
                   what
                   condition
                   it
                   was
                   accounted
                   before
                   the
                   Conquest
                   ,
                   as
                   in
                   reference
                   to
                   the
                   Natives
                   of
                   the
                   same
                   ,
                   and
                   whether
                   by
                   making
                   it
                   a
                   Kingdom
                   ,
                   they
                   can
                   create
                   a
                   Forraigner
                   as
                   a
                   natural
                   born
                   subject
                   of
                   England
                   .
                
                 
                   VIII
                   .
                   Of
                   Aliens
                   ,
                   as
                   in
                   reference
                   to
                   the
                   transmission
                   of
                   their
                   Goods
                   ,
                   &
                   Chattels
                   by
                   the
                   Laws
                   of
                   France
                   .
                
                 
                   IX
                   .
                   Of
                   the
                   Priviledges
                   the
                   Kings
                   of
                   England
                   of
                   old
                   claimed
                   ,
                   in
                   the
                   Estates
                   of
                   Jews
                   ,
                   dying
                   comorant
                   here
                   ,
                   and
                   how
                   the
                   same
                   at
                   this
                   day
                   stands
                   .
                
                 
                   X.
                   Of
                   Persons
                   born
                   in
                   places
                   annexed
                   ,
                   or
                   claimed
                   by
                   the
                   Crown
                   of
                   England
                   how
                   esteemed
                   by
                   the
                   Laws
                   of
                   the
                   same
                   .
                
                 
                   XI
                   .
                   Of
                   Denization
                   ,
                   and
                   what
                   operation
                   it
                   hath
                   according
                   to
                   the
                   Laws
                   of
                   England
                   .
                
                 
                   XII
                   .
                   Where
                   an
                   Alien
                   is
                   capable
                   of
                   Dower
                   by
                   the
                   Laws
                   of
                   England
                   ,
                   and
                   where
                   not
                   ,
                   and
                   of
                   the
                   total
                   incapacity
                   of
                   a
                   Jew
                   .
                
                 
                   XIII
                   .
                   Whether
                   a
                   Denizon
                   is
                   capable
                   of
                   the
                   creation
                   ,
                   and
                   retention
                   of
                   Honour
                   ,
                   by
                   the
                   Laws
                   of
                   England
                   .
                
              
            
          
           
             I.
             THe
             Father
             and
             the
             Mother
             are
             the
             fountain
             of
             the
             blood
             natural
             ,
             and
             as
             it
             is
             that
             that
             makes
             their
             Issue
             ,
             Sons
             ,
             or
             Daughters
             ,
             so
             it
             is
             that
             that
             makes
             them
             Brothers
             and
             Sisters
             ;
             but
             it
             is
             the
             civil
             qualifications
             of
             the
             blood
             that
             makes
             them
             inheritable
             one
             to
             the
             other
             ,
             and
             capable
             of
             enjoying
             the
             immunities
             and
             priviledges
             of
             the
             Kingdom
             ;
             but
             that
             is
             from
             another
             fountain
             ,
             viz.
             The
             Law
             of
             the
             Land
             ,
             which
             finding
             them
             legitimate
             ,
             doth
             transplant
             them
             into
             the
             Civil
             rights
             of
             the
             Land
             ,
             by
             an
             Act
             called
             Naturalization
             ;
             which
             does
             superinduce
             
             and
             cloath
             that
             natural
             consanguinity
             with
             a
             Civil
             hereditary
             quality
             ,
             whereby
             they
             are
             enabled
             not
             only
             to
             inherit
             each
             other
             ,
             but
             also
             to
             enjoy
             all
             the
             immunities
             and
             priviledges
             that
             meer
             natural
             born
             Subjects
             may
             ,
             or
             can
             challenge
             .
          
           
             II.
             According
             to
             the
             Laws
             of
             Normandy
             the
             Prince
             
             might
             naturalize
             ;
             but
             such
             naturalization
             could
             not
             divest
             the
             descent
             already
             vested
             .
          
           
             But
             according
             to
             
               our
               Law
            
             by
             no
             way
             but
             by
             
               Act
               of
               Parliament
            
             ,
             and
             that
             cures
             the
             defect
             as
             if
             they
             had
             been
             born
             in
             England
             ,
             and
             no
             man
             shall
             be
             received
             against
             an
             
               Act
               of
               Parliament
            
             to
             say
             the
             contrary
             .
          
           
             Therefore
             if
             the
             Father
             an
             Alien
             has
             issue
             a
             Son
             born
             here
             ,
             and
             then
             the
             Son
             is
             naturalized
             ,
             the
             Son
             shall
             inherit
             .
          
           
             If
             the
             Father
             a
             
               natural
               born
            
             Subject
             has
             issue
             an
             Alien
             who
             is
             naturalized
             ,
             the
             Father
             dyes
             ,
             the
             Son
             shall
             inherit
             .
             
          
           
             III.
             Naturalization
             does
             remove
             all
             that
             disability
             and
             incapacity
             ,
             which
             is
             in
             Aliens
             in
             respect
             of
             themselves
             ,
             and
             so
             puts
             them
             entyrely
             in
             the
             condition
             as
             if
             they
             had
             been
             
               born
               in
               England
            
             .
          
           
             The
             Relative
             terms
             ,
             as
             if
             born
             in
             England
             ,
             is
             generally
             used
             to
             supply
             the
             
               personal
               defect
            
             of
             the
             parties
             naturalized
             ,
             arising
             from
             their
             
               birth
               out
               of
               England
            
             ,
             and
             therefore
             shall
             never
             be
             carryed
             to
             a
             collateral
             purpose
             ,
             nor
             cures
             a
             disease
             of
             another
             nature
             ,
             as
             
               half
               blood
               ,
               illegitimation
            
             and
             the
             like
             ;
             but
             all
             diseases
             ,
             whether
             in
             the
             parties
             themselves
             ,
             or
             resulting
             from
             the
             Ancestor
             ,
             it
             cures
             .
          
           
             
               Acts
               of
               Parliament
            
             of
             this
             nature
             may
             be
             so
             pen'd
             ,
             as
             to
             cure
             defects
             in
             the
             Father
             or
             Ancestor
             ,
             or
             in
             the
             parties
             themselves
             .
          
           
             If
             restitution
             in
             blood
             be
             granted
             to
             the
             Son
             by
             Act
             of
             Parliament
             ,
             this
             cures
             that
             disability
             that
             resulted
             from
             the
             Fathers
             Attainder
             ,
             and
             that
             not
             only
             to
             the
             Son
             ,
             but
             also
             to
             the
             
               collateral
               Heirs
            
             of
             the
             Father
             ;
             the
             true
             reason
             of
             this
             is
             ,
             because
             
               the
               corruption
               of
               the
               blood
               by
               the
               Attainder
               is
               only
               of
               the
               blood
               of
               the
               Father
               ,
               for
               the
               Sons
               blood
               or
            
             
             
               coliateral
               Heir
               was
               not
               at
               all
               corrupted
            
             ;
             for
             the
             scope
             of
             the
             Act
             is
             taking
             notice
             of
             the
             Fathers
             Attainder
             ,
             does
             intentionally
             provide
             against
             ,
             and
             remove
             it
             ,
             for
             otherwise
             the
             same
             had
             been
             useless
             .
          
           
           
             But
             in
             naturalization
             without
             express
             words
             ,
             it
             takes
             no
             notice
             of
             the
             defects
             in
             the
             Father
             or
             other
             Ancestor
             ,
             no●…
             amoves
             them
             .
          
           
             And
             therefore
             such
             
               Acts
               of
               Parliament
            
             as
             take
             no
             other
             notice
             but
             of
             the
             Person
             naturalized's
             
               Forreign
               birth
            
             ,
             the
             same
             cures
             not
             any
             disability
             of
             
               transmission
               hereditary
            
             between
             the
             Father
             ,
             Brother
             ,
             or
             any
             other
             Ancestor
             ,
             resulting
             from
             the
             disability
             of
             them
             without
             
               actually
               naming
               of
               them
            
             :
             As
             for
             instance
             ,
             the
             Father
             an
             Alien
             the
             Son
             naturalized
             by
             Act
             of
             Parliament
             ,
             the
             Father
             or
             any
             other
             Ancestor
             an
             Alien
             purchases
             Lands
             and
             dyes
             ,
             the
             Son
             shall
             not
             take
             by
             reason
             of
             the
             disability
             in
             the
             Father
             ,
             but
             there
             
               may
               be
               words
            
             inserted
             in
             the
             Act
             that
             may
             take
             away
             the
             impediment
             .
          
           
             IV.
             Those
             that
             are
             born
             in
             Ireland
             ,
             and
             those
             that
             are
             born
             in
             Scotland
             are
             all
             alike
             ,
             for
             their
             birth
             are
             within
             the
             Kings
             Dominions
             ,
             and
             they
             are
             born
             under
             the
             like
             subjection
             and
             obedience
             to
             the
             King
             ,
             and
             have
             the
             like
             band
             of
             
               allegeance
               ad
               fidem
               Regis
            
             ;
             yet
             if
             a
             Spaniard
             comes
             into
             Ireland
             ,
             and
             by
             the
             Parliament
             is
             there
             naturalized
             ,
             though
             perhaps
             this
             may
             qualifie
             and
             cloath
             him
             with
             the
             title
             of
             a
             
               natural
               born
            
             Subject
             of
             Ireland
             ,
             yet
             it
             has
             been
             conceived
             that
             it
             will
             not
             make
             him
             a
             natural
             born
             Subject
             of
             England
             .
          
           
             For
             the
             union
             of
             Ireland
             to
             that
             of
             England
             ;
             is
             different
             from
             that
             of
             Scotland
             ;
             for
             the
             first
             is
             dependant
             ,
             as
             a
             
             Kingdom
             conquered
             ,
             the
             latter
             independant
             :
             Though
             Henry
             the
             II.
             after
             his
             Conquest
             of
             that
             Nation
             ,
             did
             remit
             over
             from
             England
             the
             Ancient
             
               modus
               tenendi
               Parliamentum
            
             ,
             enabling
             them
             to
             hold
             Parliaments
             ,
             which
             after
             was
             confirmed
             by
             King
             John
             ;
             yet
             that
             was
             by
             no
             other
             sorce
             then
             bare
             Letters
             Patents
             .
             Now
             when
             a
             Nation
             is
             once
             conquered
             ,
             there
             remains
             no
             Law
             ,
             but
             that
             of
             the
             Conqueror
             ;
             and
             though
             he
             may
             incorporate
             such
             conquered
             Nations
             with
             his
             own
             ,
             and
             grant
             unto
             them
             their
             ancient
             Parliamentary
             wayes
             of
             making
             of
             Laws
             ;
             yet
             the
             Conqueror
             can
             no
             wayes
             grant
             unto
             them
             a
             power
             ,
             by
             vertue
             of
             such
             Grant
             or
             Confirmation
             ,
             as
             to
             impose
             upon
             his
             own
             Countrey
             ,
             for
             he
             himself
             before
             such
             Conquest
             ,
             could
             not
             make
             a
             natural
             born
             Subject
             without
             Act
             of
             Parliament
             ,
             and
             most
             certainly
             his
             Conquest
             adds
             nothing
             to
             his
             power
             ,
             though
             it
             does
             increase
             his
             Dominion
             .
          
           
           
             V.
             Again
             Kingdoms
             that
             are
             absolute
             under
             one
             Prince
             ,
             
               ad
               fidem
               Regis
            
             ,
             there
             the
             Acts
             of
             each
             other
             are
             reciprocate
             ,
             and
             one
             naturalized
             by
             the
             Parliament
             of
             Scotland
             ,
             is
             as
             naturalized
             in
             England
             ,
             because
             Scotland
             is
             a
             Kingdom
             absolute
             ;
             but
             Ireland
             is
             a
             Kingdom
             dependant
             
             and
             subordinate
             to
             the
             Parliament
             of
             England
             ,
             for
             the
             Parliament
             in
             England
             can
             make
             an
             Act
             to
             bind
             Ireland
             ,
             but
             not
             
               e
               converso
            
             .
             Now
             to
             be
             a
             Native
             of
             Ireland
             ,
             is
             the
             same
             as
             to
             be
             born
             in
             Ireland
             ,
             but
             that
             is
             by
             the
             Laws
             of
             Ireland
             ;
             but
             to
             be
             born
             in
             Ireland
             ,
             and
             to
             be
             the
             same
             as
             to
             be
             born
             in
             England
             ,
             must
             be
             by
             the
             Laws
             of
             England
             :
             But
             there
             is
             no
             Law
             that
             hath
             enabled
             them
             with
             such
             a
             power
             ,
             as
             to
             naturalize
             further
             then
             their
             own
             Laws
             extend
             ;
             but
             the
             Law
             of
             Ireland
             does
             not
             extend
             in
             England
             ,
             therefore
             Naturalization
             in
             Ireland
             ,
             operates
             only
             in
             Ireland
             ,
             because
             of
             the
             failer
             of
             power
             .
          
           
             VI.
             Again
             ,
             Kingdoms
             that
             are
             Conquered
             ,
             the
             Empire
             of
             the
             same
             may
             be
             acquired
             by
             the
             Conqueror
             ,
             only
             as
             it
             is
             in
             a
             King
             ,
             or
             other
             Governour
             ,
             and
             then
             the
             Conqueror
             only
             succeeds
             into
             his
             right
             ,
             and
             no
             further
             *
             ,
             or
             also
             as
             't
             is
             in
             the
             People
             ,
             in
             which
             case
             the
             Conqueror
             hath
             Empire
             ,
             so
             as
             that
             he
             may
             dispose
             of
             it
             ,
             or
             alienate
             it
             as
             the
             People
             themselves
             might
             ;
             
               for
               't
               is
               one
               thing
               to
               enquire
               of
               the
               thing
               ,
               another
               of
               the
               manner
               of
               holding
               of
               it
               ,
            
             the
             which
             are
             applicable
             not
             only
             to
             corporal
             things
             ,
             but
             incorporal
             also
             :
             For
             as
             a
             Field
             is
             a
             thing
             possessed
             ,
             so
             is
             a
             passage
             ,
             an
             Act
             ,
             a
             way
             ;
             but
             these
             things
             some
             hold
             by
             a
             full
             right
             of
             property
             ,
             others
             by
             a
             right
             of
             usufructuary
             ,
             others
             by
             a
             temporary
             right
             .
             Again
             by
             the
             will
             of
             the
             Conqueror
             ,
             the
             Kingdom
             ,
             or
             Republique
             that
             is
             so
             conquered
             ,
             may
             cease
             to
             be
             a
             Kingdom
             ,
             or
             Common-wealth
             ,
             either
             so
             that
             it
             may
             be
             an
             accession
             of
             another
             Kingdom
             ,
             or
             Common-wealth
             ,
             as
             the
             Roman
             Provinces
             ,
             or
             that
             it
             may
             no
             wayes
             add
             here
             to
             any
             Kingdom
             ,
             or
             Common-wealth
             ,
             as
             if
             a
             King
             waging
             War
             at
             his
             own
             charge
             ,
             so
             conquer
             and
             subject
             a
             People
             to
             himself
             ,
             that
             he
             will
             have
             them
             governed
             ,
             not
             for
             the
             profit
             of
             the
             People
             chiefly
             ,
             but
             of
             the
             Governour
             ,
             which
             is
             a
             property
             of
             that
             we
             call
             Heril
             Empire
             ,
             not
             of
             Civil
             ;
             for
             Government
             is
             either
             for
             the
             profit
             of
             the
             
             
             Governour
             ,
             or
             for
             the
             utility
             of
             the
             Governed
             ,
             this
             hath
             place
             among
             Free-men
             ,
             that
             among
             Masters
             and
             and
             Servants
             .
             The
             People
             then
             that
             are
             kept
             under
             such
             command
             ,
             will
             be
             alwayes
             for
             the
             future
             not
             a
             Common-wealth
             ,
             but
             a
             great
             Family
             ;
             hence
             it
             is
             that
             we
             may
             plainly
             understand
             ,
             what
             kind
             of
             Empire
             is
             that
             which
             is
             mixt
             of
             Civil
             and
             Heril
             ,
             that
             is
             ,
             where
             Servitude
             is
             mixt
             ,
             and
             mingled
             with
             some
             personal
             Liberty
             :
             For
             if
             the
             People
             are
             deprived
             of
             Armes
             ,
             commanded
             to
             have
             no
             Iron
             ,
             for
             Agriculture
             ,
             to
             change
             their
             language
             ,
             and
             course
             of
             life
             ,
             and
             abstain
             from
             the
             use
             of
             many
             of
             their
             Customes
             ,
             to
             be
             confined
             †
             to
             their
             own
             Houses
             ,
             Castles
             ,
             or
             Plantations
             ,
             not
             wander
             abroad
             to
             be
             governed
             by
             such
             Laws
             as
             the
             Conqueror
             should
             transmit
             to
             them
             *
             ,
             all
             which
             are
             the
             tokens
             of
             a
             Nation
             by
             conquest
             made
             subordinate
             to
             the
             Conqueror
             ,
             and
             are
             part
             Heril
             ,
             and
             part
             Civil
             ,
             and
             though
             they
             may
             remain
             a
             Kingdom
             ,
             and
             absolute
             within
             themselves
             as
             to
             the
             making
             of
             Laws
             ,
             to
             the
             obliging
             each
             other
             ,
             yet
             they
             can
             no
             wayes
             impose
             on
             their
             Conqueror
             ,
             for
             though
             that
             be
             true
             which
             in
             Quintilian
             ,
             is
             alledged
             ,
             on
             the
             behalf
             of
             the
             Thebanes
             ,
             that
             that
             only
             is
             the
             Conquerors
             which
             he
             holds
             himself
             ,
             but
             an
             Incorporeal
             right
             can
             not
             be
             holden
             ,
             and
             the
             condition
             of
             an
             Heir
             ,
             and
             of
             a
             Conqueror
             is
             different
             ,
             because
             the
             right
             passeth
             to
             the
             former
             by
             the
             descent
             ,
             but
             only
             the
             thing
             by
             the
             last
             by
             virtue
             of
             the
             Conquest
             .
             But
             certainly
             that
             is
             no
             objection
             ,
             for
             he
             that
             is
             master
             of
             the
             Persons
             ,
             is
             also
             master
             of
             the
             things
             ,
             and
             of
             all
             right
             which
             does
             belong
             to
             the
             Persons
             ,
             for
             he
             that
             is
             possessed
             ,
             dot●…
             not
             
             possesse
             for
             himself
             ,
             nor
             hath
             he
             any
             thing
             in
             his
             power
             who
             hath
             not
             himself
             ,
             and
             so
             it
             is
             ,
             if
             he
             leaves
             the
             right
             of
             a
             Kingdom
             to
             a
             conquered
             People
             ,
             he
             may
             take
             to
             himself
             some
             things
             which
             were
             the
             Kingdoms
             ,
             for
             it
             is
             at
             his
             pleasure
             to
             appoint
             ,
             what
             measure
             he
             will
             to
             his
             own
             favour
             ;
             from
             hence
             it
             is
             we
             may
             observe
             what
             fort
             of
             Empire
             that
             Kingdom
             is
             at
             this
             day
             .
          
           
             VII
             .
             Now
             Ireland
             before
             the
             same
             became
             united
             to
             the
             
             Crown
             by
             the
             Conquest
             of
             Henry
             the
             II.
             the
             natives
             were
             meer
             Aliens
             ,
             and
             out
             of
             the
             protection
             of
             the
             Laws
             of
             this
             Realm
             ;
             yet
             when
             once
             they
             became
             a
             conquered
             People
             ,
             and
             subject
             to
             the
             Crown
             of
             England
             ,
             and
             united
             
             
               ad
               fidem
               Regis
            
             there
             did
             arise
             their
             allegeance
             ,
             but
             that
             union
             neither
             made
             them
             capable
             of
             the
             Laws
             of
             England
             ,
             nor
             of
             their
             own
             ,
             till
             such
             time
             as
             the
             Conqueror
             had
             so
             declared
             them
             ;
             now
             what
             do
             they
             desire
             in
             order
             to
             revive
             their
             Government
             ?
             First
             ,
             they
             humbly
             beg
             
             of
             King
             Henry
             II.
             that
             since
             he
             was
             pleased
             that
             they
             should
             remain
             as
             a
             distinct
             Dominion
             ,
             that
             their
             ancient
             Customes
             ,
             or
             Usages
             should
             not
             continue
             ;
             that
             he
             would
             be
             pleased
             to
             ordain
             ,
             that
             such
             Laws
             as
             he
             had
             in
             England
             *
             should
             be
             of
             force
             ,
             and
             observed
             in
             Ireland
             ;
             pursuant
             to
             which
             he
             grants
             them
             power
             to
             hold
             Assemblies
             by
             the
             three
             Estates
             of
             the
             Realm
             ,
             and
             that
             they
             should
             be
             regulated
             according
             to
             the
             institution
             ,
             and
             manner
             of
             the
             Parliaments
             in
             England
             ,
             should
             have
             the
             benefit
             of
             
               Magna
               Charta
            
             ,
             and
             other
             the
             great
             Laws
             of
             England
             ,
             and
             by
             such
             means
             puts
             them
             into
             a
             method
             of
             Governing
             themselves
             ,
             according
             to
             the
             known
             wayes
             of
             England
             ,
             and
             to
             make
             such
             Laws
             as
             should
             bind
             among
             themselves
             ;
             and
             by
             following
             the
             example
             of
             those
             of
             England
             ,
             their
             Judgment
             might
             be
             supervized
             ,
             and
             corrected
             
             according
             to
             the
             Justice
             ,
             and
             Laws
             of
             England
             ,
             by
             Writs
             of
             Error
             ,
             Appeal
             ,
             and
             the
             like
             .
             
             
          
           
             Now
             here
             is
             no
             continuing
             ,
             or
             reviving
             their
             Ancient
             Government
             ,
             but
             the
             introducing
             a
             new
             one
             ,
             part
             Civil
             ,
             and
             part
             Heril
             ;
             nor
             indeed
             had
             they
             before
             any
             such
             thing
             as
             a
             Parliament
             there
             ,
             or
             general
             Assembly
             of
             the
             three
             Estates
             ;
             for
             when
             Henry
             the
             II.
             went
             over
             ,
             there
             
             were
             several
             Kings
             or
             Scepts
             ,
             who
             had
             their
             several
             and
             distinct
             Assemblies
             ;
             but
             when
             they
             submitted
             ,
             this
             great
             Assembly
             of
             Estates
             which
             he
             constituted
             ,
             was
             a
             collection
             out
             of
             all
             of
             them
             ,
             for
             their
             future
             well
             Government
             ;
             so
             that
             whatsoever
             modus
             of
             Regiment
             ,
             the
             Conqueror
             declared
             it
             was
             no
             more
             then
             for
             the
             well
             Governing
             of
             the
             Place
             ,
             and
             making
             such
             Laws
             as
             were
             necessary
             ,
             and
             proper
             amongst
             themselves
             :
             But
             for
             them
             to
             impose
             ,
             by
             vertue
             of
             an
             Act
             of
             Naturalization
             ,
             upon
             an
             absolute
             Kingdom
             as
             England
             ,
             without
             the
             consent
             of
             the
             three
             Estates
             of
             the
             same
             ,
             surely
             was
             never
             intended
             ,
             
             much
             less
             effected
             ,
             the
             case
             is
             both
             great
             and
             curious
             ,
             therefore
             &c.
             
          
           
             VIII
             .
             By
             the
             Laws
             of
             France
             all
             Persons
             not
             born
             under
             legeance
             of
             that
             King
             ,
             are
             accounted
             Aliens
             ,
             and
             if
             they
             dye
             ,
             the
             King
             is
             entitled
             to
             the
             estate
             ,
             for
             all
             shall
             be
             seized
             into
             his
             Exchequer
             or
             Finances
             ;
             but
             if
             they
             make
             a
             Will
             the
             prerogative
             is
             disappointed
             :
             Yet
             that
             extends
             only
             to
             Chattels
             personal
             ,
             in
             which
             Strangers
             passing
             through
             the
             same
             have
             greater
             immunities
             then
             Aliens
             there
             resident
             ,
             for
             Travailers
             dying
             without
             Will
             ,
             the
             Heirs
             or
             Executors
             shall
             have
             benefit
             and
             possession
             of
             their
             Estates
             .
          
           
             IX
             .
             The
             like
             Priviledge
             the
             Kings
             of
             England
             formerly
             claimed
             in
             the
             Goods
             and
             Estates
             of
             the
             Jews
             after
             their
             death
             ,
             if
             the
             Heir
             sued
             not
             ,
             and
             paid
             a
             fine
             to
             the
             King
             to
             enjoy
             them
             ,
             as
             by
             this
             Record
             appears
             .
          
           
             
               Irratores
               super
               sacrum
               suum
               dicunt
               quod
               praedictum
               Messuagium
               fuit
               quondam
            
             Eliae
             le
             Bland
             ,
             
               qui
               &c.
               diem
               claufit
               extremum
               ,
               &
               quia
               mos
               est
               Judaeismi
               quod
               Dominus
               Reg
               :
               omnia
               ,
               &
               Cattalla
               Judaei
               mortui
               de
               jure
               dare
               poterit
               cui
               voluerit
               ,
               nisi
               propinquer
               haeres
               ejusdem
               Judaei
               finem
               ,
               feceret
            
             
             
               pro
               eisdem
               dicunt
               quod
               Dominus
               Rex
               dictum
               ,
               Messuagium
               dare
               poterit
               cui
               voluerit
               ,
               sine
               injuria
               alicui
               facienda
               ,
               si
               ita
               quod
               sit
               haeres
               dicti
            
             Eliae
             
               finem
               non
               fecerit
               ,
               pro
               Catallis
               ejusdem
            
             Eliae
             habendis
             ,
             &c.
             
          
           
             But
             whether
             the
             same
             is
             now
             used
             ,
             may
             seem
             doubtful
             
             for
             the
             goods
             of
             Aliens
             escheat
             not
             at
             this
             day
             to
             the
             Crown
             ,
             but
             Administration
             shall
             be
             committed
             to
             the
             next
             of
             Kin.
             
          
           
             X.
             By
             the
             Laws
             of
             
               France
               ,
               Flanders
               ,
               Milan
            
             ,
             and
             the
             
               French
               County
            
             of
             Savoy
             ,
             though
             possessed
             by
             several
             other
             Princes
             ,
             yet
             the
             Natives
             of
             the
             same
             partake
             in
             the
             immunities
             with
             the
             natural
             born
             Subjects
             of
             France
             ,
             and
             if
             they
             dye
             without
             Will
             ,
             their
             Heirs
             claim
             their
             Estates
             ;
             the
             reason
             given
             ,
             because
             ,
             say
             they
             ,
             those
             Countreys
             were
             never
             alienated
             from
             them
             ,
             but
             were
             alwayes
             annexed
             to
             the
             Crown
             of
             France
             ,
             who
             acknowledges
             them
             to
             be
             their
             Subjects
             to
             this
             day
             .
          
           
             But
             in
             England
             it
             is
             otherwise
             ,
             for
             those
             that
             are
             born
             in
             
               Gascoin
               ,
               Normandy
               ,
               Acquitain
            
             ,
             and
             those
             other
             Territories
             which
             were
             formerly
             the
             possessions
             of
             the
             Crown
             of
             England
             ,
             in
             which
             if
             any
             had
             been
             born
             when
             
             subject
             to
             the
             same
             ,
             they
             would
             have
             been
             natural
             born
             Subjects
             ,
             yet
             now
             are
             esteemed
             Aliens
             ;
             and
             so
             was
             the
             case
             vouched
             by
             Shard
             ,
             of
             a
             Norman
             ,
             who
             had
             robbed
             together
             with
             other
             English
             ,
             divers
             of
             his
             Majesties
             Subjects
             in
             the
             Narrow
             Seas
             ,
             being
             taken
             and
             arraigned
             ,
             the
             Norman
             was
             found
             guilty
             only
             of
             Fellony
             ,
             and
             the
             
             rest
             of
             Treason
             ;
             for
             that
             Normandy
             being
             lost
             by
             King
             John
             was
             out
             of
             the
             allegiance
             of
             Ed.
             3.
             and
             the
             Norman
             was
             accounted
             as
             an
             Alien
             .
          
           
             XI
             .
             In
             France
             the
             Kings
             may
             there
             Denizize
             ,
             so
             likewise
             here
             in
             England
             ;
             but
             with
             this
             difference
             ,
             the
             Letters
             of
             Denization
             by
             those
             of
             France
             remove
             the
             totall
             disability
             ,
             and
             incapacity
             of
             the
             Alien
             .
          
           
             But
             in
             England
             the
             Charter
             of
             Donasion
             ,
             or
             Denization
             ,
             is
             but
             a
             temporary
             ,
             partial
             ,
             and
             imperfect
             amotion
             of
             the
             disability
             of
             an
             Alien
             ,
             for
             though
             it
             puts
             the
             Person
             Indenizen'd
             as
             to
             some
             purposes
             ,
             in
             the
             condition
             of
             a
             Subject
             ,
             and
             enables
             a
             transmission
             hereditary
             to
             his
             Children
             ,
             born
             after
             the
             Denization
             ,
             yet
             it
             does
             not
             wholly
             remove
             the
             disease
             ,
             or
             non-ability
             ,
             as
             to
             the
             points
             of
             descent
             or
             
               hereditary
               transmission
            
             ,
             and
             resembles
             a
             Person
             in
             case
             of
             an
             Attainder
             ;
             and
             therefore
             if
             he
             purchases
             Lands
             ,
             and
             dyes
             without
             issue
             ,
             the
             Lord
             by
             Escheat
             
             shall
             have
             the
             Lands
             .
          
           
             And
             therefore
             in
             lineal
             descents
             ,
             if
             there
             be
             a
             Grand-father
             natural
             born
             Subject
             ,
             Father
             an
             Alien
             ,
             Son
             natural
             Subject
             ,
             the
             Father
             is
             made
             Denizon
             ,
             he
             shall
             not
             inherit
             the
             Grand-father
             ;
             and
             if
             the
             Father
             dyes
             in
             the
             life
             of
             the
             Grand-father
             ,
             the
             Grand-child
             ,
             (
             though
             born
             after
             the
             Denization
             ,
             )
             shall
             not
             inherit
             the
             Grand-father
             ,
             for
             the
             Denization
             does
             not
             remove
             ,
             neither
             the
             personal
             ,
             nor
             the
             consequential
             impediment
             ,
             or
             incapacity
             of
             the
             Father
             .
          
           
             So
             likewise
             in
             Collateral
             descents
             ;
             As
             for
             instance
             ,
             
             the
             Father
             a
             Natural
             born
             Subject
             ,
             has
             issue
             two
             Sons
             Aliens
             ,
             who
             are
             both
             made
             Denizens
             ,
             and
             one
             dyes
             ,
             the
             other
             shall
             not
             inherit
             him
             .
          
           
             XII
             .
             The
             like
             Law
             in
             Dower
             ,
             a
             Man
             seized
             of
             Lands
             in
             Fee
             ,
             and
             takes
             an
             Alien
             to
             Wife
             ,
             and
             then
             dyes
             ,
             
             the
             Wife
             shall
             not
             be
             endowed
             :
             But
             if
             the
             King
             takes
             an
             Alien
             to
             Wife
             ,
             and
             dyes
             ,
             his
             Widdow
             Queen
             shall
             be
             endowed
             by
             the
             Law
             of
             the
             Crown
             .
             Edmund
             ,
             Brother
             of
             
             King
             Edward
             the
             I.
             married
             the
             Queen
             of
             Navarre
             ,
             and
             
             dyed
             ,
             and
             it
             was
             resolved
             by
             all
             the
             Judges
             ,
             that
             she
             should
             be
             endowed
             of
             the
             third
             part
             of
             all
             the
             Lands
             ,
             whereof
             her
             Husband
             was
             seized
             in
             Fee.
             
          
           
             A
             Jew
             born
             in
             England
             ,
             takes
             to
             Wife
             a
             Jew
             born
             also
             in
             England
             ,
             the
             Husband
             is
             converted
             to
             the
             Christian
             Faith
             ,
             purchaseth
             Lands
             ,
             and
             enfeoffeth
             another
             ,
             and
             
             dyeth
             ,
             the
             Wife
             brought
             a
             Writ
             of
             Dower
             ,
             and
             was
             barred
             of
             her
             Dower
             ,
             
               Quia
               vero
               contra
               justitiam
               est
               quod
               ipsa
               dotem
               petat
               ,
               vel
               habeat
               de
               temento
               quod
               fuit
               viri
               sui
               ex
               quo
               in
               conversione
               sua
               noluit
               cum
               eo
               adhaerere
               ,
               &
               cum
               eo
               convert
               .
            
          
           
             If
             an
             Alien
             be
             a
             Disseisor
             ,
             and
             obtains
             Letters
             of
             Denization
             ,
             and
             then
             the
             Disseisor
             release
             unto
             him
             ,
             the
             
             King
             shall
             not
             have
             the
             Land
             ;
             for
             the
             release
             hath
             altered
             the
             Estate
             ,
             and
             it
             is
             as
             it
             were
             a
             new
             purchase
             ,
             otherwise
             it
             is
             as
             if
             the
             Alien
             had
             been
             the
             feo
             ffee
             of
             the
             Deseissee
             .
          
           
             And
             though
             Aliens
             are
             enabled
             by
             Charter
             of
             Denization
             ,
             to
             a
             transmission
             Hereditary
             to
             their
             posterity
             of
             Lands
             ;
             yet
             a
             Denizon
             is
             not
             capable
             of
             Honour
             ,
             nor
             a
             transmission
             of
             the
             same
             ,
             without
             Naturalization
             by
             Parliament
             ;
             for
             by
             the
             Charter
             of
             Denization
             he
             is
             made
             ,
             
               quasi
               seu
               tanquam
               ligens
            
             ,
             but
             to
             be
             a
             Member
             of
             Parliament
             ,
             he
             must
             be
             
               ligens
               revera
               ,
               &
               non
               quasi
               ,
            
             for
             
             by
             his
             becoming
             a
             Noble-man
             ,
             he
             claims
             the
             place
             of
             Judicature
             in
             Parliament
             ,
             the
             which
             he
             cannot
             till
             naturalized
             by
             Act
             of
             Parliament
             ,
             and
             then
             he
             may
             claim
             as
             eligible
             to
             the
             same
             ,
             or
             any
             other
             .
          
        
         
           
           
             CHAP.
             IV.
             
               Of
               Aliens
               and
               Crials
            
             per
             meditatem
             ,
             
               where
               allowed
               ,
               and
               where
               not
               .
            
          
           
             
               
                 
                   I.
                   Of
                   the
                   manner
                   of
                   Aliens
                   obtaining
                   Trials
                   
                     per
                     medietatem
                  
                   ,
                   at
                   the
                   Common-Law
                   ,
                   and
                   of
                   the
                   Antiquity
                   of
                   the
                   same
                   .
                
                 
                   II.
                   Of
                   the
                   making
                   the
                   same
                   a
                   Law
                   universal
                   within
                   this
                   Realm
                   ,
                   as
                   to
                   some
                   Persons
                   ,
                   afterwards
                   general
                   ,
                   as
                   to
                   all
                   .
                
                 
                   III.
                   Of
                   the
                   Writ
                   ,
                   and
                   some
                   Observations
                   on
                   the
                   summons
                   of
                   such
                   an
                   Inquest
                   .
                
                 
                   IV.
                   Of
                   the
                   opportunity
                   lost
                   ,
                   or
                   gained
                   by
                   praying
                   this
                   immunity
                   .
                
                 
                   V.
                   Of
                   the
                   awarding
                   of
                   Tales
                   upon
                   request
                   on
                   such
                   Enquiries
                   .
                
                 
                   VI.
                   Where
                   this
                   immunity
                   does
                   not
                   extend
                   in
                   Aliens
                   ,
                   and
                   where
                   it
                   does
                   in
                   matters
                   Civil
                   ,
                   and
                   Criminal
                   .
                
                 
                   VII
                   .
                   Of
                   the
                   validity
                   of
                   a
                   witness
                   Alien
                   ,
                   and
                   of
                   an
                   Infidel
                   .
                
                 
                   VIII
                   .
                   The
                   tittle
                   of
                   a
                   Renegadoe
                   .
                
                 
                   IX
                   .
                   Of
                   the
                   benefit
                   of
                   the
                   Kings
                   Pardon
                   ,
                   whether
                   it
                   extends
                   to
                   an
                   Alien
                   whose
                   abode
                   is
                   here
                   ,
                   but
                   happens
                   to
                   be
                   absent
                   at
                   the
                   time
                   of
                   the
                   promulging
                   .
                
              
            
          
           
             I.
             
               TRiatio
               Bilinguis
            
             ,
             or
             
               per
               medietatem
               linguae
            
             ,
             by
             the
             Common-Law
             was
             wont
             to
             be
             obtained
             by
             Grant
             of
             the
             King
             ,
             made
             to
             any
             Company
             of
             Strangers
             ,
             as
             to
             the
             Society
             of
             Lumbards
             ,
             or
             Almaignes
             ,
             or
             to
             any
             other
             Corporation
             ,
             or
             Company
             ;
             when
             any
             of
             them
             were
             impleaded
             ,
             the
             moyety
             of
             the
             Enquest
             should
             be
             of
             their
             
             own
             Tongue
             ;
             this
             Trial
             
               per
               medietatem
            
             in
             England
             is
             of
             great
             Antiquity
             ,
             for
             in
             some
             cases
             Trials
             
               per
               medietatem
            
             
             was
             before
             the
             Conquest
             ,
             
               Viri
               duodeni
               Jure
               Consulti
               ,
               sex
               Walliae
               totidem
               Anglis
               ,
               &
               Wallis
               jus
               dicanto
               ,
            
             and
             as
             the
             Commentator
             observes
             ,
             it
             was
             called
             
               duodecem
               Virale
            
             
             Judicium
             .
          
           
             II.
             This
             immunity
             afterwards
             being
             found
             commodious
             to
             us
             Islanders
             ,
             became
             universal
             ;
             for
             by
             the
             
               Statute
               of
            
             27.
             
             E.
             3.
             cap.
             8.
             
             It
             was
             enacted
             that
             in
             Pleas
             before
             the
             
               Major
               of
               the
               Staple
            
             ,
             if
             both
             Parties
             were
             Strangers
             ,
             the
             
             Trial
             should
             be
             by
             Strangers
             ;
             but
             if
             one
             Party
             was
             a
             Stranger
             ,
             and
             the
             other
             a
             Denizon
             ,
             then
             the
             Trial
             should
             be
             
               per
               medietatem
               Linguae
            
             :
             But
             this
             Statute
             extended
             but
             to
             a
             narrow
             compass
             ,
             viz.
             Only
             where
             both
             Parties
             were
             Merchants
             ,
             or
             
               Ministers
               of
               the
               Staple
            
             ,
             and
             Pleas
             before
             
             
             the
             
               Major
               of
               the
               Staple
            
             :
             But
             afterwards
             in
             the
             28th
             .
             Year
             of
             the
             same
             Kings
             Reign
             it
             was
             enacted
             ,
             
               That
               all
               manner
               of
               Enquests
               ,
               which
               was
               to
               be
               taken
               ,
               or
               made
               amongst
               Aliens
               ,
               and
               Denizons
               ,
               be
               they
               Merchants
               ,
               or
               others
               ,
               as
               well
               before
               the
               Maior
               of
               the
               Staple
               ,
               as
               before
               any
               other
               Justices
               or
               Ministers
            
             ;
             Although
             the
             King
             be
             party
             ,
             the
             one
             half
             of
             the
             Enquest
             ,
             or
             proof
             shall
             be
             Denizens
             ,
             the
             other
             half
             Aliens
             ,
             if
             so
             many
             Aliens
             ,
             and
             Forreigners
             be
             in
             the
             Town
             ,
             or
             Place
             where
             such
             Enquest
             ,
             or
             proof
             is
             to
             be
             taken
             that
             be
             not
             Parties
             ,
             nor
             with
             the
             Parties
             in
             Contract
             ,
             in
             Plea
             ,
             or
             other
             quarrel
             ,
             whereof
             such
             Enquest
             ,
             or
             proof
             ought
             to
             be
             taken
             ;
             and
             if
             there
             be
             not
             
               so
               many
            
             Aliens
             ,
             then
             shall
             there
             be
             put
             in
             such
             Enquests
             ,
             or
             proofs
             
               as
               many
            
             Aliens
             as
             shall
             be
             found
             in
             the
             same
             Town
             ,
             or
             Places
             ,
             which
             be
             not
             thereto
             Parties
             ,
             as
             aforesaid
             is
             said
             ;
             and
             the
             remnant
             of
             Denizens
             ,
             which
             be
             good
             men
             ,
             and
             not
             suspicious
             to
             the
             one
             Party
             or
             other
             .
          
           
             By
             which
             Statute
             the
             same
             Custom
             or
             immunity
             ,
             was
             made
             a
             Law
             universal
             ,
             although
             it
             be
             in
             the
             Case
             of
             the
             
             King
             ,
             for
             the
             Alien
             shall
             have
             his
             Trial
             
               per
               medietatem
            
             .
          
           
             It
             matters
             not
             whether
             the
             moyety
             of
             Aliens
             be
             of
             the
             same
             Country
             ,
             as
             the
             Alien
             party
             to
             the
             action
             is
             ;
             
             for
             he
             may
             be
             a
             Dutch-man
             ,
             and
             they
             
               Spaniards
               ,
               French
               ,
               Walloons
            
             ,
             &c.
             because
             the
             Statute
             speaks
             generally
             of
             Aliens
             .
          
           
             III.
             The
             Form
             of
             the
             
               Venire
               facias
            
             in
             this
             case
             is
             ,
             
               De
               Nicenet
            
             ,
             &c.
             
               quorum
               una
               medietas
               fit
               de
               Indigenis
               ,
               &
               altera
               medietas
               fit
               de
               aliegenis
               natis
               ,
            
             &c.
             
             And
             the
             Sheriff
             ought
             to
             return
             
               twelve
               Aliens
            
             ,
             and
             
               twelve
               Deniz●…ns
            
             ,
             one
             by
             the
             other
             ,
             with
             Addition
             which
             of
             them
             are
             Aliens
             ,
             and
             so
             they
             are
             to
             be
             sworn
             ;
             but
             if
             this
             Order
             
             be
             not
             observed
             ,
             it
             is
             holpen
             as
             a
             misreturn
             .
          
           
             It
             has
             been
             conceived
             of
             some
             ,
             that
             it
             is
             not
             proper
             to
             call
             it
             a
             Trial
             
               per
               medietatem
               Linguae
            
             ,
             because
             any
             Alien
             of
             any
             Tongue
             may
             serve
             ;
             but
             that
             surely
             is
             no
             Objection
             ,
             for
             People
             are
             distinguished
             by
             their
             Language
             ,
             and
             
               medietas
               Linguae
            
             is
             as
             much
             as
             to
             say
             half
             English
             ,
             and
             half
             of
             another
             tongue
             ,
             or
             Nation
             whatsoever
             ,
             nor
             matters
             it
             of
             what
             sufficiency
             the
             Jurors
             are
             ,
             for
             the
             form
             of
             the
             
               venire
               facias
            
             shall
             not
             be
             altered
             ,
             but
             the
             clause
             of
             
             
               quorum
               quolibet
               habeat
            
             ,
             4.
             &c.
             shall
             be
             in
             .
          
           
           
             If
             
               both
               parties
            
             are
             Aliens
             then
             the
             Inquest
             shall
             be
             
               all
               English
            
             ,
             for
             though
             the
             English
             may
             be
             supposed
             to
             favour
             themselves
             more
             then
             Strangers
             ,
             yet
             when
             both
             Parties
             are
             Aliens
             ,
             it
             will
             be
             presumed
             they
             will
             favour
             
             both
             alike
             ,
             without
             any
             difference
             .
          
           
             IV.
             If
             an
             Alien
             is
             party
             ,
             who
             slips
             his
             opportunity
             ,
             and
             suffers
             a
             Trial
             by
             all
             English
             ,
             the
             same
             is
             not
             a
             Verdict
             Erroneous
             ;
             for
             if
             he
             will
             be
             so
             negligent
             as
             to
             slip
             that
             advantage
             which
             the
             Law
             gives
             him
             ,
             it
             is
             his
             fault
             ;
             
             for
             the
             Alien
             if
             he
             will
             have
             the
             benefit
             of
             that
             Law
             ,
             he
             must
             then
             pray
             a
             
               venire
               facias
               per
               meditatem
               Linguae
               ,
               at
               the
               time
               of
               the
               awarding
               the
               venire
               facias
               :
            
             But
             if
             a
             neglect
             of
             that
             opportunity
             happens
             ,
             yet
             if
             he
             prays
             it
             after
             the
             awarding
             a
             general
             
               venire
               facias
            
             ,
             the
             same
             may
             be
             retreeved
             
             so
             as
             it
             be
             before
             the
             venire
             be
             returned
             ,
             and
             filed
             ,
             for
             then
             he
             may
             have
             a
             
               venire
               facias
               de
               novo
            
             ,
             or
             otherwise
             he
             cannot
             ,
             nor
             can
             he
             afterwards
             challenge
             the
             Array
             for
             this
             cause
             ,
             if
             it
             falls
             out
             the
             Juries
             are
             all
             Denizens
             ;
             though
             Sandford
             seems
             to
             be
             of
             a
             contrary
             opinion
             ,
             
             for
             the
             Alien
             must
             pray
             it
             at
             his
             peril
             .
          
           
             V.
             If
             there
             be
             a
             general
             
               venire
               facias
            
             ,
             the
             Defendant
             cannot
             pray
             a
             
               decem
               Tales
            
             ,
             &c.
             
               per
               medietatem
               Linguae
            
             
             upon
             this
             ,
             because
             the
             Tales
             ought
             to
             pursue
             the
             
               venire
               facias
            
             :
             But
             if
             the
             
               venire
               facias
            
             be
             
               per
               medietatem
               Linguae
            
             ,
             the
             Tales
             ought
             to
             be
             
               per
               medietatem
               Linguae
            
             ,
             as
             if
             five
             Aliens
             ,
             and
             five
             Denizens
             appear
             on
             the
             principal
             Jury
             ,
             the
             Plaintif
             may
             have
             a
             
               Tales
               per
               medietatem
            
             ;
             but
             
             if
             the
             
               Tales
               be
               general
               de
               Circumstantibus
            
             ,
             it
             hath
             been
             held
             good
             enough
             ,
             for
             there
             being
             no
             exception
             taken
             by
             the
             Defendant
             upon
             the
             awarding
             thereof
             ,
             it
             shall
             be
             intended
             well
             awarded
             .
             
          
           
             If
             an
             Alien
             that
             lives
             here
             under
             the
             protection
             of
             the
             
               King
               of
               England
            
             ,
             and
             Amity
             being
             between
             both
             Kings
             ,
             
             commits
             Treason
             ,
             he
             shall
             by
             force
             of
             the
             Act
             of
             1.
             and
             2.
             
             Ph.
             and
             Mary
             ,
             be
             tryed
             according
             to
             the
             due
             course
             of
             the
             
               Common
               Law
            
             ,
             and
             shall
             not
             in
             that
             case
             be
             tryed
             
               per
               medietatem
               Linguae
            
             .
          
           
             But
             in
             case
             of
             
               Petit
               Treason
               ,
               Murder
               ,
               Fellony
               ,
            
             &c.
             if
             he
             prays
             his
             Trial
             
               per
               medietatem
               Linguae
            
             ,
             the
             Court
             ought
             
             to
             grant
             it
             .
          
           
           
             Yet
             if
             an
             Information
             be
             exhibited
             against
             an
             Alien
             ,
             the
             
             Trial
             is
             not
             
               per
               medietatem
            
             ,
             but
             according
             to
             the
             Common-Law
             .
          
           
             If
             an
             
               Alien
               in
               League
            
             brings
             an
             action
             (
             if
             there
             be
             cause
             )
             the
             Defendant
             may
             plead
             in
             abatement
             ;
             but
             if
             it
             be
             an
             
               Alien
               Enemy
            
             he
             may
             conclude
             in
             the
             action
             .
             
          
           
             In
             an
             action
             for
             words
             the
             Defendant
             pleaded
             not
             guilty
             ,
             and
             said
             he
             was
             an
             Alien
             born
             ,
             and
             prayed
             Trial
             
               per
               medietatem
               Linguae
            
             ,
             which
             was
             granted
             ,
             and
             at
             the
             
               nisi
               prius
            
             in
             London
             ;
             but
             six
             English-men
             ,
             and
             five
             Aliens
             appeared
             ,
             and
             the
             Plaintif
             prayed
             a
             
               Tales
               de
               Circumstantibus
               per
               medietatem
               Linguae
               ,
            
             and
             it
             was
             granted
             ,
             so
             there
             wanted
             one
             Alien
             ,
             and
             the
             Record
             was
             :
          
           
             
               Ideo
               Alius
               Aliegena
               de
               Circumstantibus
               per
               vic'
            
             London
             ,
             
               ad
               requisitionem
               infra
               nominati
            
             Julii
             Caesaris
             ,
             
               per
               mandato
               Justiciarum
               de
               novo
               apposito
               ,
               cujus
               nomen
               panelo
               praedict
               '
               affilatur
               secundum
               formam
               Statuti
               ,
               in
               hujusmodi
               casu
               nuper
               editi
               &
               provise
               ,
               qui
               quidem
               Jurato
               sic
               de
               novo
               appositus
               ,
            
             viz.
             Christianus
             Dethick
             
               Alienigena
               exactus
               venit
               ac
               in
               Juratam
               ,
               illam
               simul
               cum
               aliis
               Juratoribus
               praedicta
               prius
               impanellatis
               ,
               &
               Juratis
               Juratus
               fuit
               ,
            
             &c.
             
             It
             was
             found
             for
             the
             Plaintiff
             ,
             and
             afterwards
             moved
             in
             Arrest
             of
             Judgment
             ,
             That
             no
             Tales
             was
             to
             be
             granted
             
               de
               Circumstantibus
            
             ,
             when
             the
             Trial
             is
             
               per
               medietatem
               Linguae
            
             ,
             by
             the
             Justices
             of
             
               Nisi
               prius
            
             ,
             by
             the
             Act
             of
             35
             H.
             8.
             because
             in
             the
             Act
             it
             is
             spoken
             of
             Free-hold
             of
             Jurors
             ,
             and
             an
             Alien
             
             is
             not
             properly
             said
             of
             any
             Countrey
             ,
             or
             to
             have
             any
             Free-hold
             ;
             but
             it
             was
             adjudged
             because
             the
             Statute
             was
             made
             for
             speedy
             execution
             ,
             that
             it
             should
             be
             expounded
             favorably
             ,
             according
             to
             the
             intent
             ,
             and
             meaning
             of
             the
             Makers
             of
             the
             Act
             ;
             and
             though
             in
             this
             case
             the
             Tales
             was
             prayed
             by
             the
             Plaintiff
             ,
             where
             it
             ought
             to
             have
             been
             
               ad
               requisitionem
               defendentis
            
             ,
             yet
             that
             should
             be
             taken
             to
             be
             but
             a
             misprision
             ,
             and
             would
             be
             amended
             .
          
           
             VI.
             If
             the
             Plaintiff
             or
             Defendant
             be
             Executor
             or
             Administrator
             ,
             though
             he
             be
             an
             Alien
             ,
             yet
             the
             Trial
             shall
             be
             by
             English
             ,
             because
             he
             sueth
             in
             
               Auter
               droit
            
             ;
             but
             if
             it
             be
             averred
             that
             the
             Testator
             or
             Intestate
             was
             an
             Alien
             ,
             then
             it
             shall
             be
             
               per
               medietatem
               Linguae
            
             .
             
          
           
           
             
               Shely
               a
               French
               man
            
             who
             joyned
             with
             Stafford
             in
             the
             Rebellion
             ,
             in
             the
             taking
             of
             
               Scarborough
               Castle
            
             in
             the
             County
             of
             York
             ,
             he
             being
             taken
             was
             arraigned
             in
             the
             Kings
             Bench
             upon
             an
             Indictment
             of
             Treason
             ,
             and
             the
             Indictment
             was
             
               contra
               legiantiam
               suam
               debitam
            
             ;
             and
             the
             Indictment
             was
             rul'd
             to
             be
             good
             ,
             although
             he
             was
             no
             Subject
             ,
             because
             it
             was
             in
             the
             time
             of
             Peace
             between
             the
             Queen
             ,
             and
             the
             
               French
               King.
            
             But
             if
             it
             had
             been
             in
             the
             time
             of
             War
             ,
             then
             the
             Party
             should
             not
             have
             been
             indicted
             ,
             but
             ransomed
             ;
             It
             was
             likewise
             rul'd
             there
             ,
             that
             the
             Trial
             was
             good
             ,
             although
             the
             
               Venire
               facias
            
             awarded
             in
             York
             was
             general
             ,
             and
             not
             de
             
               medietatem
               Linguae
            
             ;
             for
             such
             Trial
             
               per
               medietatem
               Linguae
            
             does
             not
             extend
             to
             Treasons
             ,
             4.
             
             
               Ma.
               Dyer
            
             145.
             the
             Indictment
             ought
             to
             omit
             the
             words
             ,
             
               Naturalem
               Dominam
               suam
            
             ,
             and
             begin
             that
             he
             intended
             Treason
             
               contra
               Dominam
               Reginam
            
             ,
             &c.
             Hill
             36.
             
             
               Eliz.
               in
               B.
               R.
               Stephano
               Ferraro
               d'Games
            
             case
             in
             Dr.
             Lopez
             Treason
             .
          
           
             If
             an
             
               Alien
               Enemy
            
             come
             into
             this
             Realm
             ,
             and
             be
             taken
             in
             War
             ,
             he
             cannot
             be
             indicted
             of
             Treason
             ,
             for
             the
             Indictment
             cannot
             conclude
             
               contra
               legianeiae
               suae
               debitum
            
             ,
             for
             he
             never
             was
             in
             the
             protection
             of
             the
             King
             ;
             and
             therefore
             he
             shall
             suffer
             death
             by
             
               Marshal
               Law
            
             ,
             and
             so
             it
             was
             rul'd
             in
             13
             H
             7.
             
               in
               Perkin
               Warbecks
               case
            
             ,
             who
             being
             an
             Alien
             born
             in
             Flanders
             ,
             feigned
             himself
             to
             be
             one
             of
             the
             Sons
             of
             
               King
               Edward
               the
               4th
            
             .
             and
             invaded
             the
             Realm
             ,
             with
             intent
             to
             take
             upon
             him
             the
             Dignity
             ;
             who
             had
             his
             Judgment
             and
             Trial
             by
             
               Martial
               Law
            
             ,
             and
             not
             by
             the
             Common-Law
             of
             England
             .
          
           
             VII
             .
             The
             Kingdom
             of
             Ireland
             was
             a
             Dominion
             separated
             ,
             and
             divided
             from
             England
             at
             the
             first
             ,
             and
             came
             to
             the
             Crown
             of
             England
             by
             Conquest
             ,
             in
             the
             time
             of
             
               Henry
               the
               Second
            
             ;
             and
             the
             meer
             Irish
             were
             as
             
               Aliens
               ,
               Enemies
            
             to
             
             to
             the
             Crown
             of
             England
             ,
             and
             were
             disabled
             to
             bring
             any
             action
             ,
             and
             were
             out
             of
             the
             protection
             of
             the
             Laws
             of
             this
             Realm
             ;
             and
             five
             Scepts
             of
             the
             Irish
             Nation
             were
             only
             enabled
             to
             the
             Laws
             of
             
               England
               ,
               viz.
               Oneil
               de
               Ultonia
               ,
               O
               Molloghlin
               de
               Media
               ,
               O
               Connoghor
               de
               Connacia
               ,
               O
               Brian
               de
               Tholmonio
               ,
            
             and
             
               Ma
               Murogh
               de
               Lagenia
            
             ,
             as
             appears
             by
             the
             Records
             of
             the
             Dominion
             of
             Ireland
             ,
             and
             
             several
             grants
             have
             been
             made
             to
             the
             Irish
             ,
             which
             proves
             them
             to
             be
             meer
             Aliens
             .
             But
             afterwards
             ,
             though
             the
             same
             was
             a
             separate
             and
             divided
             Kingdom
             ,
             yet
             whilst
             they
             were
             under
             the
             subjection
             and
             obedience
             of
             the
             Kings
             of
             England
             ,
             if
             
               High
               Treason
            
             had
             been
             committed
             by
             an
             
               Irish
               man
            
             ,
             he
             might
             be
             arraigned
             ,
             indicted
             ,
             and
             tried
             for
             the
             same
             
               within
               England
            
             ,
             and
             by
             the
             Laws
             of
             
             England
             ;
             and
             so
             it
             was
             resolved
             by
             all
             the
             Judges
             of
             England
             in
             Orucks
             case
             ,
             33
             Eliz.
             and
             also
             in
             Sir
             
               John
               Perrots
            
             case
             ,
             that
             Ireland
             was
             out
             of
             England
             ,
             and
             yet
             that
             all
             Treasons
             committed
             there
             ,
             were
             to
             be
             tryed
             in
             England
             ,
             and
             that
             by
             virtute
             of
             the
             Statute
             of
             38
             H.
             8.
             cap.
             23.
             
          
           
             
               Arthur
               Crohagan
            
             an
             Irish-man
             ,
             was
             arraigned
             ,
             for
             that
             he
             being
             the
             Kings
             Subject
             ,
             at
             Lisbon
             in
             Spain
             used
             these
             words
             ,
             
               I
               will
               kill
               the
               King
               (
               inuendo
               Dominum
               Carolum
               Regem
               Angliae
               )
               if
               I
               may
               come
               unto
               him
               ,
               because
               he
               is
               a
               Heretick
            
             ;
             that
             afterwards
             he
             came
             into
             England
             ,
             and
             was
             taken
             ,
             and
             tried
             by
             a
             Jury
             of
             Middlesex
             ,
             and
             was
             found
             guilty
             ;
             and
             it
             was
             held
             High
             Treason
             by
             the
             Course
             of
             the
             
               Common
               Law
            
             ,
             for
             his
             Traiterous
             intent
             ,
             and
             imagination
             of
             his
             heart
             is
             declared
             by
             these
             words
             ,
             and
             
             within
             the
             Statute
             25
             E.
             3.
             
             He
             confessed
             he
             was
             a
             
               Dominican
               Fryar
            
             ,
             and
             Priest
             in
             Spain
             .
          
           
             Bracton
             sayes
             ,
             that
             an
             Alien
             born
             cannot
             be
             a
             witness
             ;
             but
             that
             is
             to
             be
             understood
             of
             an
             
               Alien
               Infidel
            
             ,
             
             for
             the
             Bishop
             of
             Rosse
             ,
             being
             an
             Alien
             born
             (
             a
             Scot
             )
             was
             admitted
             to
             be
             a
             witness
             ,
             and
             sworn
             .
          
           
             Yet
             an
             Infidel
             may
             bring
             an
             action
             against
             another
             Merchant
             ,
             or
             any
             other
             however
             *
             ,
             and
             that
             without
             controversie
             .
          
           
             The
             testimony
             of
             a
             Renegadoe
             is
             not
             to
             be
             received
             at
             this
             day
             ,
             by
             the
             Laws
             of
             any
             
               Christian
               Kingdom
            
             ,
             or
             Republique
             ;
             he
             that
             hath
             once
             renounced
             his
             Faith
             can
             never
             be
             believed
             ,
             therefore
             he
             cannot
             be
             a
             witness
             ;
             and
             so
             it
             was
             rul'd
             where
             one
             
               Domingeo
               de
               la
               Cardre
            
             ,
             a
             Renegado
             ,
             who
             was
             sworn
             ,
             and
             gave
             evidence
             ;
             afterwards
             a
             new
             
             Trial
             being
             granted
             ,
             his
             testimony
             was
             rejected
             ,
             and
             he
             not
             suffered
             to
             be
             sworn
             ,
             it
             being
             at
             his
             Trial
             proved
             ,
             that
             he
             was
             a
             
               Spaniard
               ,
               and
               a
               Christian
               by
               birth
               and
               education
               ,
               and
               after
               became
               a
               Jew
               .
            
          
           
           
             If
             an
             
               Alien
               be
               resident
            
             ,
             and
             commits
             an
             offence
             ,
             he
             shall
             have
             the
             benefit
             of
             the
             Kings
             
               general
               pardon
            
             ;
             but
             if
             
             he
             is
             
               not
               in
               the
               Kingdom
            
             at
             the
             time
             of
             the
             pardon
             promulgated
             ,
             then
             he
             looses
             the
             benefit
             of
             the
             same
             ;
             for
             he
             is
             no
             otherwise
             a
             Subject
             ,
             
               but
               by
               his
               residence
               here
            
             .
          
        
         
           
           
             CHAP.
             V.
             
               Of
               Planters
            
             .
          
           
             
               
                 
                   I.
                   Of
                   Possession
                   ,
                   and
                   its
                   original
                   right
                   .
                
                 
                   II.
                   Of
                   Vacancies
                   natural
                   ,
                   which
                   gives
                   a
                   right
                   to
                   Planters
                   .
                
                 
                   III.
                   Of
                   Civil
                   Vacancies
                   ,
                   how
                   far
                   the
                   same
                   may
                   be
                   possessed
                   .
                
                 
                   IV.
                   Of
                   Planters
                   ,
                   whether
                   they
                   have
                   a
                   firm
                   right
                   ,
                   so
                   as
                   to
                   dispose
                   by
                   Will
                   ,
                   or
                   only
                   a
                   Usufructuary
                   possession
                   .
                
                 
                   V.
                   Of
                   Planters
                   ,
                   wanting
                   things
                   necessary
                   for
                   the
                   support
                   of
                   humane
                   life
                   ,
                   generally
                   considered
                   according
                   to
                   the
                   Laws
                   of
                   nature
                   .
                
                 
                   VI.
                   Wherefore
                   one
                   man
                   may
                   naturally
                   have
                   more
                   then
                   another
                   ,
                   and
                   what
                   conditions
                   are
                   annexed
                   to
                   such
                   fortunes
                   ,
                   for
                   those
                   that
                   are
                   in
                   necessity
                   .
                
                 
                   VII
                   .
                   Whence
                   it
                   is
                   that
                   there
                   was
                   at
                   the
                   beginning
                   ,
                   and
                   is
                   still
                   a
                   Tacite
                   condition
                   of
                   reassuming
                   our
                   Original
                   rights
                   ,
                   in
                   case
                   of
                   extream
                   or
                   natural
                   necessity
                   for
                   natural
                   Community
                   .
                
                 
                   VIII
                   .
                   Of
                   necessity
                   considered
                   in
                   a
                   Christian
                   Community
                   .
                
                 
                   IX
                   .
                   Of
                   the
                   Primitive
                   Communion
                   ,
                   considered
                   in
                   reference
                   to
                   its
                   restrictions
                   ,
                   and
                   limitations
                   .
                
                 
                   X.
                   Of
                   those
                   things
                   that
                   are
                   dedicated
                   to
                   God
                   ,
                   and
                   holy
                   use
                   ,
                   whether
                   subject
                   to
                   the
                   relief
                   o
                   our
                   necessities
                   .
                
              
            
          
           
             I.
             HAving
             in
             the
             first
             Chapter
             of
             this
             Book
             discoursed
             ,
             of
             the
             original
             of
             property
             deducing
             its
             inception
             ,
             to
             that
             which
             we
             call
             possession
             ,
             or
             meum
             ,
             and
             how
             the
             same
             may
             be
             altered
             by
             War
             ;
             it
             may
             not
             seem
             unnecessary
             to
             discourse
             of
             the
             acquiring
             of
             property
             ,
             in
             the
             new
             discoveries
             of
             those
             vast
             immensities
             of
             America
             ,
             which
             being
             prepossess'd
             ,
             seem
             to
             deny
             us
             legally
             that
             title
             which
             we
             pretend
             to
             .
          
           
             Possession
             by
             Law
             ,
             is
             esteemed
             the
             highest
             title
             that
             men
             can
             pretend
             to
             what
             they
             enjoy
             ,
             which
             is
             nothing
             else
             but
             
               positio
               pedis
            
             ;
             as
             if
             the
             Ancients
             had
             no
             other
             seal
             to
             confirm
             their
             tenures
             ,
             but
             the
             prints
             of
             their
             feet
             ;
             and
             good
             reason
             ,
             seeing
             the
             mind
             is
             not
             able
             to
             take
             up
             a
             place
             so
             well
             as
             the
             Body
             ;
             for
             many
             mens
             wills
             may
             concur
             in
             (
             wishing
             and
             liking
             )
             the
             same
             thing
             ,
             but
             many
             bodies
             cannot
             concur
             to
             the
             possessing
             it
             :
             Besides
             the
             mind
             cannot
             set
             an
             outward
             mark
             on
             what
             it
             likes
             ,
             
             that
             thereby
             others
             might
             be
             warned
             to
             abstain
             from
             it
             ,
             all
             which
             the
             Body
             properly
             doth
             .
             Abrahàm
             and
             Lot
             going
             to
             plant
             ,
             declared
             no
             more
             then
             this
             ,
             
               there
               was
               room
               or
               vacancy
               enough
            
             ;
             and
             therefore
             ,
             without
             further
             examination
             ,
             or
             scruple
             ,
             they
             knew
             they
             might
             turn
             to
             the
             right
             hand
             or
             to
             the
             left
             ,
             to
             possess
             what
             they
             would
             to
             themselves
             .
          
           
             II.
             This
             Vacancy
             ,
             which
             gives
             us
             a
             right
             to
             plant
             ,
             is
             to
             be
             considered
             in
             two
             respects
             ,
             1.
             
             Natural
             ;
             2.
             
             Civil
             ,
             the
             first
             is
             in
             things
             which
             may
             be
             possess'd
             ,
             but
             actually
             are
             not
             ,
             neither
             in
             property
             ,
             nor
             use
             ;
             such
             a
             Vacancy
             which
             is
             
               nullius
               in
               bonis
            
             ,
             might
             be
             occupied
             by
             Switzers
             ,
             who
             as
             Caesar
             sayeth
             ,
             would
             fain
             have
             changed
             their
             rough
             Hills
             for
             some
             nearer
             Campania
             ;
             and
             Deserts
             or
             Places
             un-inhabited
             ,
             may
             be
             possess'd
             and
             appropriated
             to
             the
             first
             Planter
             ,
             and
             that
             without
             all
             controversie
             ,
             but
             especially
             by
             those
             who
             being
             expulsed
             from
             their
             own
             Seats
             or
             Estate
             ,
             seek
             entertainment
             abroad
             :
             The
             Ansebarians
             in
             Tacitus
             ,
             cry
             out
             ,
             
               As
               the
               Heaven
               to
               the
               Gods
               ,
               so
            
             
             
               is
               the
               Earth
               granted
               to
               Mortals
               ,
               and
               what
               is
               void
               is
               publique
               :
            
             Looking
             up
             to
             the
             Sun
             and
             Stars
             ,
             they
             did
             openly
             as
             it
             were
             enquire
             of
             them
             ,
             
               Whether
               they
               were
               pleased
               in
               beholding
               any
               ground
               empty
               ,
               and
               without
               Inhabitants
               ,
               they
               should
               rather
               cast
               forth
               the
               Sea
               ,
               and
               overwhelm
               the
               Spoilers
               of
               the
               Earth
               .
            
          
           
             III.
             Civil
             Vacancy
             ,
             is
             where
             it
             is
             not
             absolutely
             incorporated
             ,
             
             as
             among
             the
             roving
             Arabians
             and
             Moores
             in
             Barbary
             ,
             and
             other
             Affricans
             and
             Americans
             ,
             who
             possess
             one
             place
             to
             day
             ,
             and
             another
             to
             morrow
             ;
             these
             by
             their
             frequent
             returns
             ,
             shew
             that
             they
             abondon
             not
             the
             Places
             they
             remove
             from
             ,
             as
             
               derelicta
               quae
               quis
               in
               bonis
               amplius
               numerare
               non
               vult
            
             ;
             we
             can
             not
             say
             ,
             that
             their
             natural
             ,
             or
             voluptary
             interest
             in
             them
             is
             no
             way
             improved
             ;
             for
             Grotius
             seems
             to
             be
             of
             opinion
             *
             ,
             that
             if
             there
             be
             some
             Desert
             or
             barren
             ground
             ,
             the
             same
             ought
             to
             be
             granted
             to
             Strangers
             upon
             their
             request
             ,
             and
             ,
             says
             he
             ,
             
               It
               is
               also
               rightly
               seized
               on
               by
               them
               ,
            
             giving
             this
             reason
             ,
             
               For
               that
               Lands
               ought
               not
               to
               be
               esteemed
               occupied
               which
               is
               not
               cultivated
               ;
               but
               only
               as
               to
               the
               Empire
               ,
               which
               remains
               entire
               to
               the
               first
               People
               ,
            
             they
             do
             no
             offence
             who
             inhabite
             ,
             and
             manure
             a
             part
             of
             the
             Land
             that
             lyes
             neglected
             *
             ,
             
          
           
           
             But
             we
             must
             press
             this
             Argument
             of
             Grotius
             very
             tenderly
             ,
             least
             by
             the
             same
             reason
             others
             conclude
             ,
             that
             those
             Estates
             which
             are
             not
             competently
             improved
             ,
             are
             derelict
             and
             occupiable
             by
             others
             ,
             which
             would
             introduce
             perpetual
             confusions
             ,
             and
             easily
             perswade
             every
             man
             that
             he
             could
             husband
             his
             Neighbours
             Lands
             better
             then
             himself
             :
             However
             this
             is
             a
             clear
             Case
             for
             all
             Planters
             ,
             that
             those
             wastes
             ,
             or
             
               asperi
               montes
            
             ,
             which
             the
             Natives
             
             make
             no
             use
             of
             ,
             nor
             can
             receive
             any
             dammage
             by
             their
             being
             possess'd
             by
             others
             ,
             may
             lawfully
             be
             impropriated
             by
             them
             .
          
           
             IV.
             But
             admitting
             that
             Planters
             may
             appropriate
             a
             Plantation
             for
             their
             living
             ,
             whether
             such
             may
             dispose
             of
             the
             same
             by
             Will
             (
             we
             supposing
             the
             Possessor
             having
             no
             Heir
             )
             for
             that
             he
             might
             seem
             to
             have
             but
             a
             usufructuary
             possession
             ,
             till
             a
             descent
             had
             been
             cast
             ,
             which
             then
             perhaps
             may
             turn
             the
             same
             into
             a
             right
             *
             :
             Without
             all
             controversie
             the
             very
             immediate
             possessing
             ,
             and
             planting
             creates
             a
             right
             against
             all
             ,
             but
             he
             that
             hath
             Empire
             there
             ,
             and
             that
             very
             right
             the
             party
             in
             his
             life
             time
             might
             have
             actually
             transferred
             over
             to
             another
             :
             Now
             though
             the
             devise
             in
             the
             will
             operates
             not
             till
             after
             his
             death
             ,
             yet
             the
             gift
             is
             made
             during
             his
             life
             ;
             according
             as
             the
             French
             have
             it
             ,
             
               Se
               despouiller
               avant
               que
               de
               s'en
               aller
               coucher
               ,
            
             that
             is
             ,
             man
             first
             puts
             off
             his
             cloaths
             ,
             and
             then
             goes
             to
             bed
             .
          
           
             V.
             Again
             Persons
             having
             arrived
             in
             those
             Territories
             ,
             and
             planted
             ,
             but
             before
             they
             have
             reapt
             the
             fruits
             of
             their
             labour
             ,
             necessity
             is
             found
             within
             their
             Huts
             ,
             and
             a
             supply
             of
             things
             for
             the
             support
             of
             humane
             life
             is
             wanting
             ,
             whether
             such
             may
             seek
             the
             means
             of
             subsistance
             ,
             by
             the
             Laws
             of
             nature
             ,
             and
             in
             case
             of
             refusal
             (
             after
             request
             )
             force
             them
             from
             their
             Neighbour
             Planter
             ?
             Surely
             that
             which
             is
             necessary
             for
             any
             natural
             subsistance
             ,
             and
             necessary
             to
             another
             ,
             belongs
             justly
             to
             me
             ,
             unless
             I
             have
             merited
             to
             loose
             the
             life
             ,
             which
             I
             seek
             to
             preserve
             .
             There
             were
             a
             defect
             in
             Gods
             creating
             our
             natures
             such
             as
             they
             
             are
             ,
             if
             he
             did
             not
             provide
             means
             to
             uphold
             their
             beings
             ,
             according
             to
             the
             natural
             faculties
             which
             he
             hath
             given
             them
             .
             A
             good
             Mother
             divides
             her
             bread
             among
             her
             
             Children
             ,
             as
             a
             morsel
             may
             come
             to
             each
             ;
             let
             us
             therefore
             judge
             this
             case
             by
             those
             rules
             of
             Justice
             ,
             by
             which
             we
             judge
             other
             eases
             ,
             if
             a
             Father
             in
             his
             Will
             pass
             by
             a
             Child
             or
             names
             him
             ,
             but
             upon
             false
             causes
             leaves
             him
             nothing
             ,
             he
             is
             notwithstanding
             by
             the
             equity
             of
             the
             Civil
             Law
             admitted
             to
             a
             Childs
             part
             ,
             a
             legitima
             ,
             and
             may
             form
             his
             action
             
               contra
               Testamentum
               inofficiosum
            
             :
             Men
             are
             all
             a
             Ki●…
             ,
             and
             we
             derive
             one
             from
             another
             ,
             and
             to
             let
             others
             settle
             in
             our
             places
             ,
             who
             may
             justly
             expect
             as
             much
             due
             to
             them
             ,
             for
             their
             natural
             subsistance
             ,
             as
             was
             to
             those
             who
             before
             went
             out
             of
             the
             World
             ,
             to
             make
             place
             for
             them
             ,
             yea
             though
             they
             assign
             them
             nothing
             at
             their
             departure
             .
          
           
             Man
             were
             of
             all
             living
             Creatures
             most
             miserable
             ,
             if
             he
             might
             not
             during
             this
             life
             have
             that
             measure
             ,
             which
             God
             would
             not
             have
             an
             Ox
             defrauded
             of
             ;
             thus
             hath
             every
             Dung-hill-fly
             a
             right
             to
             live
             ,
             and
             to
             remain
             insectile
             ,
             which
             besides
             existence
             hath
             sence
             ,
             and
             may
             not
             justly
             be
             deprived
             of
             that
             its
             chiefest
             felicity
             ,
             unless
             it
             be
             importunate
             to
             a
             nobler
             Creature
             .
          
           
             VI.
             'T
             is
             very
             true
             that
             no
             man
             can
             pretend
             to
             share
             in
             the
             sweat
             of
             another
             mans
             browes
             ,
             or
             that
             the
             pains
             ,
             and
             wasting
             of
             another
             mans
             life
             should
             be
             for
             the
             maintenance
             of
             any
             ,
             but
             his
             own
             ;
             nay
             though
             it
             be
             granted
             ,
             that
             those
             Neighbour
             Planters
             ;
             who
             being
             settled
             before
             us
             ,
             and
             having
             acquired
             either
             by
             industry
             ,
             or
             lawful
             donation
             the
             fruits
             of
             other
             mens
             labours
             ,
             and
             consequently
             must
             enjoy
             more
             plenty
             then
             a
             new
             Comer
             or
             
             Planter
             ;
             yet
             all
             that
             they
             possess
             is
             not
             properly
             theirs
             ,
             for
             if
             another
             by
             extream
             necessity
             be
             perishing
             ,
             and
             they
             have
             above
             what
             they
             can
             consume
             in
             a
             natural
             way
             ,
             then
             they
             have
             no
             fuller
             a
             property
             in
             that
             plenty
             then
             Stewards
             have
             ,
             and
             for
             this
             regard
             they
             are
             so
             called
             in
             Scripture
             :
             
               The
               Earth
               still
               is
               the
               Lords
               ,
               and
               the
               fulness
               of
               it
               ,
               it
               is
               his
               for
               he
               made
               it
               of
               his
               own
               matter
               ,
               and
               for
               the
               fashion
               of
               it
               used
               not
               our
               aid●…
               ;
               Yea
               ,
               't
               is
               his
               Sun
               which
               still
               produces
               ,
               and
               his
               Clouds
               which
               drop
               fatness
               :
            
             We
             can
             only
             pretend
             the
             Contribution
             of
             
             a
             little
             pains
             ,
             for
             that
             which
             is
             our
             natural
             share
             ;
             so
             that
             in
             plain
             reason
             we
             may
             not
             expect
             to
             be
             ,
             otherwise
             qualified
             then
             Stewards
             ,
             for
             all
             that
             which
             is
             not
             probably
             necessary
             for
             our
             own
             subsistance
             ,
             or
             for
             theirs
             ,
             who
             subsist
             only
             by
             us
             :
             Wherefore
             Lazarus
             ready
             to
             perish
             (
             not
             by
             fault
             ,
             but
             by
             misfortune
             )
             had
             taken
             Dives
             his
             Crums
             ,
             contrary
             to
             his
             will
             ;
             yet
             he
             had
             not
             sinned
             ,
             no
             more
             then
             he
             who
             takes
             something
             which
             the
             Lord
             or
             Master
             hath
             given
             him
             ,
             though
             the
             Steward
             contradict
             
             it
             :
             But
             if
             it
             so
             happen
             ,
             that
             both
             the
             Planters
             are
             
               in
               pari
               necessitate
            
             ,
             then
             
               melior
               est
               conditio
               possidentis
            
             ;
             or
             as
             Saint
             
             Paul's
             words
             are
             ,
             when
             he
             excited
             the
             Churches
             Charity
             ,
             and
             Alms
             ,
             for
             the
             relief
             of
             the
             distressed
             Members
             of
             Christ
             ,
             Not
             (
             quoth
             he
             )
             
               that
               ye
               should
               be
               streightened
            
             ,
             
             
               and
               they
               abound
            
             .
          
           
             VII
             .
             The
             will
             of
             those
             who
             first
             consented
             mutually
             ,
             to
             divide
             the
             Earth
             into
             particular
             Possessions
             ,
             was
             certainly
             such
             as
             receded
             as
             little
             as
             might
             be
             from
             natural
             equity
             ;
             for
             written
             Laws
             are
             as
             near
             as
             possible
             may
             be
             ,
             to
             be
             interpreted
             by
             that
             ,
             and
             therefore
             in
             cases
             of
             such
             extremities
             we
             are
             not
             without
             examples
             ,
             of
             taking
             the
             goods
             of
             one
             to
             supply
             the
             necessities
             of
             many
             ;
             And
             therefore
             at
             Sea
             ,
             if
             Provisions
             begin
             to
             fail
             in
             a
             Ship
             ,
             
             every
             one
             may
             be
             forced
             to
             bring
             out
             openly
             ,
             what
             he
             laid
             in
             for
             his
             passage
             in
             particular
             ;
             so
             a
             Ship
             at
             Sea
             ,
             having
             instress
             of
             Weather
             ,
             spent
             her
             Sails
             ,
             Cordage
             ,
             and
             Anchors
             ,
             meeting
             other
             Vessels
             at
             Sea
             ,
             may
             take
             a
             supply
             of
             such
             as
             shall
             be
             wanting
             ;
             but
             yet
             governed
             according
             to
             St.
             
             Paul's
             words
             ,
             So
             that
             such
             taking
             straightens
             not
             the
             other
             Ship.
             So
             when
             the
             Sea
             breaks
             in
             upon
             a
             Countrey
             ,
             we
             may
             digg
             in
             the
             next
             mans
             grounds
             to
             make
             a
             banck
             ,
             without
             staying
             for
             the
             owners
             permission
             ;
             yea
             tear
             down
             any
             mans
             hedge
             ,
             or
             fence
             ,
             when
             the
             Common
             passage
             is
             stopped
             :
             For
             in
             such
             cases
             of
             necessity
             humane
             Laws
             (
             as
             is
             mentioned
             afore
             )
             do
             not
             so
             much
             permit
             as
             expound
             their
             natural
             equity
             ,
             and
             that
             which
             Men
             give
             to
             those
             ,
             who
             are
             so
             innocently
             distressed
             ,
             who
             borrow
             life
             only
             from
             the
             shadows
             of
             death
             ,
             
               Et
               pist
               asse
               tempestate
               tuentur
            
             ,
             is
             not
             properly
             a
             Charity
             to
             them
             as
             a
             duty
             ;
             and
             if
             he
             be
             a
             Christian
             that
             gives
             ,
             perhaps
             he
             doth
             more
             Charity
             to
             himself
             then
             to
             the
             Receiver
             .
          
           
           
             VIII
             .
             The
             reason
             of
             this
             Christian
             Charity
             ,
             or
             Communion
             ,
             is
             as
             far
             above
             the
             natural
             ,
             as
             Christ
             himself
             was
             above
             Nature
             ,
             this
             requires
             an
             equal
             beating
             of
             all
             pulses
             ,
             that
             as
             Fellow-Members
             we
             have
             a
             Homogenial
             sence
             ,
             and
             palpitation
             ;
             we
             are
             to
             divide
             a
             Cruze
             of
             Oil
             ,
             and
             a
             few
             handfuls
             of
             meal
             ,
             with
             one
             of
             Christs
             Flock
             ,
             with
             an
             abandoned
             Creature
             ;
             and
             what
             can
             be
             in
             more
             extremity
             than
             a
             poor
             Planter
             ,
             in
             a
             strange
             Place
             ,
             destitute
             
             for
             the
             present
             of
             the
             supports
             of
             humane
             life
             ?
          
           
             And
             surely
             the
             violation
             of
             this
             
               Jus
               Charitatis
            
             ,
             is
             no
             less
             then
             theft
             ,
             in
             those
             who
             having
             extended
             fortunes
             ,
             never
             defalcate
             a
             Gibeonites
             Crust
             perhaps
             for
             a
             wandring
             Angel
             ,
             these
             steal
             even
             the
             Ship-wrack'd
             mans
             picture
             from
             him
             ,
             which
             as
             his
             whole
             inheritance
             he
             carried
             at
             his
             back
             ,
             to
             move
             compassion
             ,
             and
             by
             the
             insatiable
             Sea
             of
             their
             Avarice
             ,
             and
             Luxury
             ,
             they
             wreck
             him
             over
             at
             Land.
             
          
           
             IX
             .
             But
             this
             free
             Primitive
             Communion
             had
             ,
             and
             hath
             its
             bounds
             ,
             and
             its
             quantum
             in
             Contributions
             ,
             as
             well
             as
             the
             natural
             ,
             otherwise
             it
             might
             be
             fraudulent
             ,
             and
             thieving
             :
             For
             they
             who
             possess
             but
             a
             little
             ,
             would
             contribute
             it
             all
             ,
             on
             purpose
             to
             share
             equally
             with
             those
             who
             possess
             very
             much
             ,
             which
             would
             introduce
             a
             visible
             decay
             ,
             and
             ruin
             in
             all
             ;
             as
             Tiberius
             rightly
             observed
             *
             ,
             on
             
               M.
               Hortalus
            
             his
             petitioning
             an
             Alms
             for
             Augustus
             Caesar's
             sake
             ,
             
               Idleness
               would
               encrease
               ,
               and
               industry
               languish
               ,
               if
               men
               should
               entertain
               no
               hope
               ,
               nor
               fear
               for
               themselves
               ,
               but
               securely
               expect
               other
               mens
               relief
               ,
               idle
               to
               themselves
               ,
               and
               burthensom
               to
               us
               .
            
          
           
             Wherefore
             in
             the
             midst
             of
             that
             primitive
             Communion
             ,
             we
             find
             that
             the
             Apostles
             went
             Domatim
             ,
             from
             house
             to
             house
             breaking
             of
             bread
             ,
             therefore
             they
             even
             then
             retained
             by
             their
             houses
             in
             property
             ;
             which
             property
             is
             supposed
             by
             the
             eighth
             Commandment
             ,
             as
             well
             as
             it
             is
             by
             Christian
             Charity
             :
             For
             no
             man
             can
             steal
             ,
             but
             by
             invading
             the
             right
             of
             another
             ;
             and
             as
             for
             Charity
             ,
             it
             is
             necessary
             he
             have
             something
             of
             his
             own
             ,
             to
             be
             able
             to
             fulfil
             its
             commands
             ,
             and
             to
             make
             a
             dole
             at
             his
             door
             ;
             and
             it
             is
             very
             convenient
             that
             he
             give
             it
             rather
             with
             his
             own
             hand
             ,
             then
             by
             some
             publique
             Collectors
             ,
             
               For
               Charity
               is
            
             
             
               hated
               most
               with
               the
               sence
               of
               its
               own
               action
               .
            
             Moreover
             
             under
             the
             Law
             ,
             Jews
             were
             commanded
             ,
             
               to
               love
               one
               another
               as
               themselves
            
             ;
             yet
             this
             Command
             took
             not
             away
             property
             then
             ,
             therefore
             it
             takes
             it
             not
             away
             now
             ;
             notwithstanding
             we
             own
             the
             use
             ,
             or
             usufruct
             of
             our
             properties
             to
             the
             distressed
             ,
             though
             our selves
             be
             at
             the
             same
             time
             in
             distress
             ;
             just
             as
             we
             are
             commanded
             ,
             by
             the
             peril
             of
             our
             own
             lives
             ,
             to
             endeavour
             to
             secure
             our
             Neighbours
             life
             ,
             which
             is
             yet
             a
             Charity
             more
             transcendent
             then
             the
             other
             ,
             by
             how
             much
             life
             is
             above
             livelyhood
             ?
             And
             though
             the
             various
             Laws
             of
             Countreys
             ,
             have
             variously
             provided
             punishment
             ,
             for
             those
             who
             out
             of
             meer
             necessity
             take
             something
             out
             of
             anothers
             plenty
             ;
             yet
             that
             proves
             not
             the
             Act
             to
             be
             sin
             ,
             or
             repugnant
             to
             equity
             ,
             or
             conscience
             ,
             but
             rather
             repugnant
             to
             the
             conveniency
             of
             that
             Kingdom
             ,
             or
             Republique
             ,
             where
             the
             Act
             is
             committed
             ;
             and
             the
             true
             reason
             of
             the
             same
             is
             ,
             least
             thereby
             a
             gap
             might
             be
             laid
             upon
             to
             Libertinism
             ;
             besides
             Reason
             of
             State
             ,
             we
             know
             ,
             considers
             not
             vertue
             ,
             so
             much
             as
             publick
             quiet
             ,
             and
             conveniency
             ,
             or
             that
             right
             which
             is
             
               ad
               alterum
            
             .
          
           
             X.
             We
             will
             now
             consider
             those
             things
             which
             are
             Gods
             ,
             which
             yet
             are
             not
             his
             in
             such
             a
             strict
             rigorous
             sence
             ,
             but
             that
             they
             lye
             open
             to
             the
             exceptions
             of
             our
             just
             necessities
             ,
             hence
             that
             which
             is
             devoted
             as
             a
             Sacrifice
             to
             him
             ,
             in
             case
             of
             necessity
             may
             be
             made
             our
             dinner
             ,
             witness
             the
             Action
             of
             David
             :
             Wherefore
             the
             consequence
             of
             our
             Saviours
             answer
             was
             very
             strong
             ,
             when
             he
             defended
             his
             pulling
             the
             Eares
             of
             Corn
             in
             anothers
             Field
             :
             That
             if
             it
             was
             lawful
             for
             David
             ,
             in
             his
             necessity
             to
             eat
             that
             Bread
             ,
             which
             was
             provided
             for
             the
             Table
             of
             God
             ,
             then
             how
             much
             more
             was
             it
             lawful
             for
             him
             ,
             and
             his
             Apostles
             in
             their
             necessities
             ,
             to
             take
             a
             refreshing
             out
             of
             that
             which
             belonged
             to
             Man
             :
             by
             the
             Canon
             
             Law
             ,
             if
             no
             other
             means
             can
             be
             found
             ,
             the
             Vessels
             of
             the
             Altar
             may
             be
             sold
             ,
             to
             redeem
             those
             Souls
             ,
             who
             are
             enthralled
             in
             misery
             ,
             and
             captivity
             ;
             and
             is
             there
             not
             good
             reason
             for
             it
             ,
             seeing
             they
             serve
             but
             for
             the
             Souls
             of
             Men
             ,
             and
             therefore
             the
             Souls
             of
             Men
             are
             more
             precious
             then
             they
             ?
             Yea
             the
             Sacrifice
             it self
             ,
             to
             what
             end
             is
             it
             ,
             but
             to
             obtain
             a
             state
             of
             piety
             for
             us
             ?
          
           
           
             Upon
             what
             hath
             been
             said
             ,
             it
             may
             not
             seem
             an
             injury
             ,
             if
             a
             Planter
             (
             wanting
             those
             things
             for
             the
             support
             of
             humane
             life
             )
             requesting
             a
             reasonable
             proportion
             of
             his
             Neighbour
             (
             having
             it
             to
             spare
             )
             with
             an
             intention
             to
             repay
             ;
             if
             denyed
             ,
             by
             force
             take
             the
             same
             from
             him
             ,
             for
             that
             reason
             which
             creates
             a
             punishment
             in
             a
             settled
             Common-wealth
             for
             the
             like
             actions
             ,
             does
             in
             
             such
             places
             fail
             .
          
        
         
           
           
             CHAP.
             VI.
             
               Of
               Merchants
            
             .
          
           
             
               
                 
                   I.
                   Merchandizing
                   ,
                   the
                   same
                   is
                   honourable
                   ,
                   and
                   proffitable
                   ,
                   both
                   to
                   Prince
                   ,
                   and
                   State
                
                 
                   II.
                   The
                   Advantages
                   that
                   might
                   accrue
                   to
                   Kingdoms
                   ,
                   i●…
                   the
                   more
                   Nobler
                   ,
                   and
                   Richer
                   sort
                   applyed
                   themselves
                   to
                   the
                   same
                   .
                
                 
                   III
                   Of
                   the
                   first
                   Institution
                   of
                   the
                   Company
                   of
                   Adventurers
                   .
                
                 
                   IV.
                   Of
                   the
                   ●…stitution
                   of
                   that
                   in
                   England
                   to
                   the
                   Indies
                   .
                
                 
                   V.
                   Of
                   the
                   forming
                   of
                   that
                   in
                   Holland
                   ,
                   to
                   these
                   parts
                   .
                
                 
                   VI.
                   Of
                   the
                   forming
                   the
                   like
                   by
                   the
                   Most
                   Christian
                   King
                   ,
                   to
                   the
                   same
                   parts
                   .
                
                 
                   VII
                   .
                   Of
                   the
                   advantages
                   ,
                   and
                   disadvantages
                   ,
                   considered
                   as
                   in
                   reference
                   to
                   reducing
                   them
                   to
                   Companies
                   .
                
                 
                   VIII
                   .
                   How
                   Merchants
                   in
                   England
                   were
                   provided
                   for
                   of
                   old
                   .
                
                 
                   IX
                   .
                   Of
                   their
                   immunities
                   settled
                   by
                   
                     Magna
                     Charta
                  
                   .
                
                 
                   X.
                   Of
                   Merchants
                   Strangers
                   ,
                   whose
                   Prince
                   is
                   in
                   War
                   with
                   the
                   Crown
                   of
                   England
                   ,
                   how
                   to
                   be
                   used
                   in
                   time
                   of
                   War
                   ,
                   and
                   the
                   reasons
                   why
                   Merchants
                   Strangers
                   ought
                   to
                   be
                   used
                   fairly
                   .
                
                 
                   XI
                   .
                   Goods
                   brought
                   in
                   by
                   them
                   ,
                   the
                   Moneys
                   raised
                   how
                   to
                   be
                   disposed
                   ,
                   according
                   to
                   the
                   Statute
                   of
                   Imployment
                   .
                
                 
                   XII
                   .
                   Merchant
                   Strangers
                   ,
                   made
                   Denizons
                   by
                   Parliaments
                   ,
                   or
                   Letters
                   Patents
                   ,
                   to
                   pay
                   as
                   before
                   they
                   were
                   so
                   made
                   .
                
                 
                   XIII
                   .
                   What
                   things
                   requisite
                   ,
                   that
                   makes
                   a
                   Competent
                   Merchant
                   ,
                   according
                   to
                   Law.
                   
                
                 
                   XIV
                   .
                   One
                   Merchant
                   may
                   have
                   an
                   Account
                   against
                   his
                   Partner
                   ,
                   and
                   if
                   he
                   dyes
                   ,
                   no
                   survivorship
                   to
                   be
                   of
                   the
                   Estate
                   belonging
                   ,
                   or
                   acquired
                   in
                   their
                   Traffique
                   .
                
                 
                   XV.
                   Of
                   their
                   Immunities
                   ,
                   which
                   they
                   claim
                   by
                   the
                   Custom
                   of
                   Merchants
                   ,
                   in
                   reference
                   to
                   Exchange
                   .
                
                 
                   XVI
                   .
                   All
                   Subjects
                   are
                   restrained
                   to
                   depart
                   the
                   Realm
                   ,
                   but
                   Merchants
                   .
                
                 
                   XVII
                   .
                   Prohibitory
                   Laws
                   bind
                   Forraigners
                   ,
                   according
                   to
                   the
                   Leagues
                   of
                   Nations
                   .
                
                 
                   XVIII
                   .
                   The
                   necessity
                   ,
                   and
                   advantage
                   that
                   is
                   incumbent
                   on
                   Merchants
                   ,
                   to
                   preserve
                   their
                   marks
                   .
                
              
            
          
           
             I.
             THere
             are
             certain
             affairs
             which
             should
             be
             left
             to
             the
             poor
             ,
             and
             Common
             People
             to
             enrich
             them
             ,
             but
             there
             are
             others
             which
             they
             only
             can
             execute
             which
             are
             rich
             ;
             as
             that
             at
             Sea
             by
             way
             of
             Merchandizing
             ,
             which
             is
             the
             most
             profitablest
             in
             an
             Estate
             ,
             and
             to
             the
             which
             they
             should
             attribute
             more
             honour
             ,
             then
             some
             do
             here
             at
             this
             day
             .
             For
             if
             in
             all
             Estates
             they
             have
             thought
             it
             fitting
             ,
             
             to
             invite
             the
             Subjects
             by
             honour
             to
             the
             most
             painful
             ,
             
             and
             dangerous
             actions
             ,
             the
             which
             might
             be
             profitable
             to
             the
             Publick
             ;
             this
             being
             of
             that
             quality
             ,
             they
             should
             attribute
             more
             honours
             to
             those
             that
             deal
             in
             it
             :
             And
             if
             Nobility
             hath
             taken
             its
             foundation
             from
             the
             courage
             of
             Men
             ,
             and
             from
             their
             valour
             ,
             there
             is
             certainly
             no
             vocation
             ;
             in
             the
             which
             there
             is
             so
             much
             required
             as
             in
             this
             ;
             they
             are
             not
             only
             to
             encounter
             ,
             and
             strive
             amongst
             Men
             ,
             but
             sometimes
             against
             the
             four
             Elements
             together
             ;
             which
             is
             the
             strongest
             proof
             that
             can
             be
             of
             the
             Resolution
             of
             Man
             :
             This
             hath
             been
             the
             occasion
             ,
             that
             some
             have
             been
             of
             opinion
             ,
             that
             they
             should
             open
             this
             door
             to
             Merchants
             ,
             to
             attain
             to
             Nobility
             ,
             so
             as
             the
             Father
             ,
             and
             Son
             hath
             continued
             in
             the
             same
             Trade
             ,
             and
             to
             suffer
             Noble
             Men
             ,
             who
             are
             commonly
             the
             richest
             in
             an
             Estate
             ,
             to
             practise
             themselves
             (
             without
             prejudice
             to
             their
             condition
             )
             in
             this
             of
             Commerce
             ;
             the
             which
             would
             be
             more
             honourable
             unto
             them
             then
             to
             be
             Usurers
             ,
             and
             Bankers
             ,
             as
             in
             Italy
             ,
             or
             to
             impoverish
             themselves
             ,
             in
             doing
             nothing
             but
             spend
             ,
             and
             make
             consumption
             of
             their
             fortunes
             ,
             and
             never
             gathering
             ,
             or
             laying
             up
             .
          
           
             II.
             Hence
             will
             grow
             many
             advantages
             ,
             both
             to
             the
             publique
             ,
             and
             private
             ;
             To
             the
             publique
             ,
             for
             that
             they
             that
             should
             deal
             in
             Commerce
             ,
             having
             means
             ,
             courage
             ,
             and
             sufficiency
             for
             this
             conduct
             ,
             it
             would
             be
             far
             greater
             in
             the
             furnishing
             more
             Ships
             to
             Sea
             ,
             and
             better
             armed
             ,
             the
             which
             the
             Estate
             at
             need
             might
             make
             use
             of
             for
             the
             safety
             of
             the
             Publick
             ;
             and
             would
             add
             to
             the
             reputation
             of
             the
             Nation
             in
             all
             parts
             ,
             they
             knowing
             that
             an
             indignity
             ,
             or
             dammage
             offered
             to
             such
             ,
             would
             require
             satisfaction
             with
             a
             strong
             ,
             and
             powerful
             hand
             ;
             the
             which
             they
             cannot
             do
             ,
             who
             being
             poor
             ,
             and
             having
             but
             small
             stocks
             ,
             or
             what
             they
             borrow
             from
             Banckers
             ,
             or
             are
             indebted
             for
             the
             Cargoe
             which
             they
             send
             forth
             ,
             
             have
             not
             the
             courage
             to
             hazard
             themselves
             ,
             and
             their
             all
             in
             an
             enterprize
             that
             is
             great
             :
             Besides
             such
             who
             have
             honour
             ,
             riches
             ,
             and
             courage
             ,
             would
             keep
             up
             the
             reputation
             of
             their
             several
             Commodities
             ,
             by
             the
             not
             lessening
             the
             Market
             ,
             the
             which
             the
             poorer
             sort
             ,
             to
             pay
             Customes
             ,
             Freight
             ,
             Bills
             of
             Exchange
             ,
             and
             other
             contingent
             ,
             and
             necessary
             charges
             ,
             which
             accompanies
             the
             importing
             ,
             they
             are
             often
             forced
             to
             mortgage
             the
             Cargoe
             to
             the
             Bankers
             ,
             at
             excessive
             usury
             ,
             or
             else
             to
             sell
             for
             ready
             money
             ,
             for
             an
             inconsiderable
             gain
             ,
             nay
             some
             rather
             then
             their
             wants
             to
             be
             known
             ,
             for
             ready
             money
             will
             sell
             for
             loss
             ;
             all
             which
             would
             be
             prevented
             ,
             if
             such
             Persons
             of
             value
             would
             apply
             themselves
             ,
             to
             a
             prudent
             management
             of
             the
             same
             ;
             for
             whatsoever
             hazard
             they
             run
             ,
             there
             would
             be
             more
             gotten
             by
             such
             in
             2.
             voyages
             ,
             then
             the
             smaller
             sort
             in
             three
             ,
             or
             four
             Voyages
             ,
             and
             by
             that
             means
             it
             would
             be
             the
             occasion
             of
             preventing
             of
             many
             expenses
             ,
             or
             importuning
             their
             Prince
             with
             demands
             ;
             nay
             perhaps
             ,
             they
             might
             get
             more
             at
             Sea
             in
             one
             year
             ,
             then
             in
             ten
             at
             Court.
             Besides
             experience
             hath
             taught
             ,
             and
             doth
             daily
             manifest
             ,
             that
             where
             the
             richest
             have
             dealt
             in
             this
             of
             Commerce
             ,
             it
             hath
             enriched
             both
             them
             ,
             and
             the
             Estate
             under
             which
             they
             lived
             ;
             and
             at
             this
             day
             the
             Examples
             of
             the
             
               Venetians
               ,
               Portugals
               ,
               Spaniards
            
             ,
             and
             Hollanders
             have
             made
             it
             known
             unto
             us
             .
          
           
             III.
             The
             consideration
             of
             which
             ,
             first
             gave
             light
             to
             that
             industruous
             Nation
             the
             Burgundians
             ,
             to
             procure
             the
             Association
             ,
             or
             Incorporation
             by
             John
             ,
             Duke
             of
             Brabant
             ,
             of
             that
             Ancient
             Company
             of
             the
             Adventurers
             Anno
             1248
             ,
             which
             were
             then
             called
             the
             Brotherhood
             of
             Saint
             
               Thomas
               Becket
               of
               Canterbury
            
             ;
             which
             being
             afterwards
             translated
             into
             England
             ,
             was
             by
             Edward
             the
             III.
             confirmed
             ,
             and
             by
             his
             Successors
             Henry
             the
             IV.
             Henry
             V.
             Ed.
             IV.
             Henry
             VI.
             Richard
             III.
             and
             King
             Henry
             the
             Seventh
             ,
             who
             gave
             them
             the
             name
             of
             Merchant
             Adventurers
             ,
             and
             from
             him
             successively
             hath
             their
             Charter
             been
             confirmed
             down
             ,
             to
             his
             sacred
             Majesty
             that
             now
             is
             ;
             and
             as
             this
             Society
             is
             of
             Ancient
             estimation
             ,
             so
             is
             their
             Government
             very
             commendable
             .
          
           
             IV.
             The
             Society
             of
             the
             Company
             ,
             trading
             to
             the
             East-Indies
             ,
             differ
             from
             others
             ,
             both
             as
             in
             reference
             to
             
             Persons
             ,
             Members
             which
             are
             at
             this
             day
             many
             of
             the
             principal
             Nobility
             of
             Engalnd
             ,
             as
             also
             for
             that
             their
             Adventurers
             run
             all
             into
             many
             stocks
             ,
             and
             is
             governed
             ,
             and
             carried
             all
             jointly
             upon
             benefit
             ,
             and
             loss
             ,
             they
             were
             incorporate
             Anno
             1599.
             and
             since
             then
             they
             surrendred
             their
             Charter
             ,
             and
             accepted
             a
             new
             one
             ;
             and
             are
             incorporated
             by
             the
             name
             of
             
               Governour
               ,
               and
               Company
               trading
               to
               the
               East-Indies
            
             ;
             their
             Adventurers
             run
             all
             into
             one
             Stock
             ,
             and
             is
             governed
             ,
             and
             carried
             on
             upon
             benefit
             ,
             and
             loss
             ;
             the
             same
             being
             at
             this
             day
             ,
             according
             to
             the
             subscriptions
             ,
             about
             four
             hundred
             thousand
             Pounds
             ,
             which
             the
             several
             Persons
             Subscribers
             may
             sell
             ,
             transfer
             ,
             and
             dispose
             of
             ;
             but
             they
             can
             no
             wayes
             take
             out
             the
             same
             :
             The
             great
             Stock
             may
             be
             encreased
             ,
             if
             the
             Company
             shall
             see
             occasion
             so
             to
             permit
             ;
             but
             they
             are
             very
             cautious
             of
             the
             same
             ,
             for
             that
             the
             greater
             the
             dividends
             ,
             the
             more
             reputation
             the
             Stock
             bears
             ,
             which
             above
             all
             things
             is
             to
             be
             maintained
             ;
             however
             directly
             upon
             his
             own
             account
             ,
             no
             Person
             can
             have
             above
             ten
             thousand
             Pounds
             Stock
             there
             ,
             nor
             can
             he
             have
             a
             compleat
             title
             ,
             till
             he
             is
             made
             a
             Free-man
             of
             that
             Society
             ;
             their
             returns
             are
             very
             profitable
             ,
             and
             of
             late
             very
             rich
             ,
             and
             have
             wany
             Places
             of
             great
             importance
             in
             India
             ,
             as
             Meslopotam
             on
             the
             Coast
             of
             
               Cormondel
               ,
               Bombay
               ,
               Suratt
            
             ,
             Fort
             St.
             
               George
               ,
               Bantam
            
             ,
             &c.
             
          
           
             V.
             The
             Dutch
             having
             found
             relief
             in
             their
             distress
             ,
             from
             the
             British
             shoar
             ,
             against
             their
             powerful
             Enemy
             ,
             found
             also
             a
             pattern
             to
             carry
             on
             Commerce
             ,
             they
             not
             being
             wanting
             in
             the
             imitating
             the
             Incorporation
             of
             a
             Company
             ,
             trading
             to
             those
             Places
             which
             they
             possess'd
             in
             the
             East-Indies
             ;
             and
             therefore
             in
             the
             Year
             1602.
             leave
             was
             granted
             from
             the
             Estates
             ,
             to
             Traffique
             into
             those
             Parts
             before
             all
             others
             ,
             during
             the
             space
             of
             one
             and
             twenty
             years
             ,
             the
             which
             was
             granted
             them
             ,
             in
             consideration
             of
             five
             and
             twenty
             thousand
             Florens
             ,
             which
             they
             promised
             to
             pay
             to
             the
             Estates
             during
             the
             first
             ten
             years
             ;
             thus
             reduced
             all
             into
             into
             one
             Company
             ,
             Amsterdam
             had
             one
             moyety
             ,
             Midleburgh
             in
             Zealand
             a
             fourth
             part
             ,
             
               Delph
               ,
               Rotterdam
               ,
               Horne
            
             ,
             and
             Enchusen
             had
             either
             of
             them
             a
             sixth
             part
             ;
             and
             the
             whole
             Stock
             of
             this
             Union
             amounted
             to
             six
             millions
             of
             Livers
             ,
             or
             six
             hundred
             thousand
             pound
             Sterling
             .
          
           
           
             For
             the
             direction
             of
             this
             Trade
             ,
             and
             the
             interests
             of
             the
             Associates
             ,
             they
             have
             established
             ,
             in
             either
             of
             those
             Towns
             ,
             a
             certain
             number
             of
             Administrators
             ,
             at
             Amsterdam
             twenty
             ,
             at
             Midleburgh
             ,
             twelve
             in
             either
             of
             the
             rest
             seven
             ;
             and
             if
             any
             one
             dyes
             ,
             the
             Chamber
             of
             the
             Place
             names
             three
             ,
             of
             which
             either
             the
             Estates
             General
             ,
             or
             the
             Magistrate
             of
             the
             Town
             chooseth
             one
             .
          
           
             Those
             Chambers
             choose
             Seventeen
             among
             the
             Administrators
             ,
             that
             is
             to
             say
             ,
             Amsterdam
             eight
             ,
             Middleburgh
             four
             ,
             Delph
             and
             Rotterdam
             two
             ,
             Horne
             and
             Enchusen
             two
             ,
             and
             the
             Seventeen
             are
             chosen
             alternatively
             ,
             sometimes
             at
             Midleburgh
             ,
             sometimes
             at
             North-Holland
             ,
             the
             which
             are
             called
             together
             to
             resolve
             jointly
             of
             how
             many
             Ships
             ,
             and
             of
             what
             Equipage
             ,
             and
             Furniture
             they
             shall
             make
             the
             Fleet
             ,
             which
             they
             mean
             to
             send
             ,
             and
             to
             what
             Fort
             ,
             or
             Coast
             they
             should
             go
             :
             This
             Assembly
             is
             held
             six
             years
             together
             at
             Amsterdam
             ,
             and
             afterwardr
             two
             years
             at
             Midleburgh
             ,
             and
             then
             again
             at
             Amsterdam
             ;
             by
             the
             Conditions
             of
             the
             accord
             ,
             the
             Ships
             must
             return
             to
             the
             same
             Port
             from
             which
             they
             parted
             ;
             and
             the
             Spices
             which
             are
             left
             at
             Midleburgh
             ,
             and
             other
             Chambers
             ,
             is
             distributed
             amongst
             them
             by
             the
             weight
             of
             Amsterdam
             ,
             and
             the
             Chamber
             which
             hath
             sold
             her
             Spices
             ,
             may
             buy
             from
             other
             Chambers
             .
          
           
             By
             this
             Order
             they
             have
             hitherto
             continued
             this
             Commerce
             with
             reputation
             ,
             not
             as
             simple
             Merchants
             only
             ,
             but
             as
             if
             they
             were
             Soveraigns
             ,
             they
             have
             made
             in
             the
             Names
             of
             the
             Estates
             ,
             Alliances
             with
             many
             of
             the
             Princes
             of
             those
             parts
             ;
             as
             with
             the
             Kings
             of
             
               Sian
               ,
               Quadoen
               ,
               Patam
               ,
               Johor
               ,
            
             the
             Heir
             of
             
               Mataca
               ,
               Bornean
               ,
               Achin
               ,
               Sinnatra
               ,
               Baretan
               ,
               Jocotra
               ,
            
             and
             other
             Kings
             of
             Jatta
             ;
             they
             have
             made
             themselves
             absolute
             Masters
             of
             the
             Island
             of
             Amboina
             ,
             but
             by
             what
             means
             ?
             —
             Where
             they
             have
             a
             President
             ,
             which
             governs
             in
             their
             name
             ;
             at
             Banda
             they
             have
             a
             Fort
             for
             a
             retreat
             ;
             where
             they
             must
             deliver
             them
             the
             Spices
             at
             a
             certain
             price
             ;
             in
             Trinate
             they
             have
             another
             a
             mile
             distant
             of
             that
             of
             the
             Portugales
             ;
             at
             Magniene
             they
             have
             three
             ;
             at
             Motire
             one
             ;
             at
             Gilele
             they
             have
             taken
             that
             which
             the
             Portugales
             have
             built
             ;
             and
             indeed
             whatsoever
             either
             can
             ,
             or
             may
             consist
             with
             their
             interest
             in
             those
             parts
             ,
             they
             have
             engrossed
             ,
             and
             
             by
             that
             means
             almost
             the
             Trade
             of
             the
             whole
             Spices
             of
             the
             East
             .
          
           
             VI.
             So
             likewise
             the
             Most
             Christian
             King
             ,
             hath
             within
             few
             years
             established
             such
             another
             Trading
             ,
             to
             those
             Eastern
             Parts
             .
          
           
             And
             in
             England
             we
             have
             several
             others
             ,
             as
             that
             of
             trading
             to
             Turkey
             ,
             that
             of
             Affrica
             ,
             to
             Guiny
             ,
             and
             several
             others
             ,
             dividing
             the
             several
             Trades
             according
             to
             the
             Coasts
             ,
             and
             Places
             where
             they
             are
             appointed
             ;
             forbidding
             them
             to
             intrench
             ,
             or
             incroach
             on
             each
             other
             ,
             so
             likewise
             to
             all
             other
             his
             Majesties
             Subjects
             ,
             on
             severe
             penalties
             .
          
           
             VII
             .
             Now
             it
             is
             not
             the
             dividing
             of
             the
             Trade
             into
             Companies
             ,
             that
             can
             answer
             the
             expectation
             ,
             but
             it
             is
             the
             dividing
             the
             Trade
             into
             Companies
             ,
             where
             the
             Places
             may
             bear
             it
             ;
             as
             that
             to
             the
             
               Indies
               ,
               Turkey
               ,
               Hambourough
            
             ,
             and
             some
             others
             ;
             But
             to
             some
             others
             ,
             as
             the
             
               Canaries
               ,
               France
            
             ,
             or
             any
             of
             those
             Places
             on
             this
             side
             the
             Line
             ,
             it
             has
             been
             conceived
             ,
             the
             Trade
             will
             not
             bear
             it
             ,
             but
             the
             same
             would
             be
             better
             distributed
             ,
             either
             into
             the
             Trade
             of
             voluntary
             Associations
             ,
             or
             single
             Traders
             ;
             others
             perhaps
             would
             result
             into
             Monopolies
             ,
             if
             incorporated
             ;
             however
             the
             Standard
             rule
             is
             ,
             to
             know
             whether
             the
             Trade
             of
             the
             Place
             will
             bear
             a
             Company
             ,
             or
             not
             .
          
           
             VIII
             .
             Merchants
             in
             England
             were
             alwayes
             favourably
             provided
             for
             ,
             by
             the
             Common
             Law
             of
             this
             Kingdom
             :
             By
             the
             Ancient
             Laws
             of
             King
             Alfred
             it
             was
             provided
             ,
             
               Defer
               due
               fuit
               que
               nul
               Merchant
               Alien
               ne
               hanta●…t
            
             
             
               Angleterre
               ,
               forsque
               aur
               quater
               Foires
               ,
               ne
               que
               nul
               demeurast
               in
               la
               terre
               outer
               quarante
               Iours
               :
               Mercatorum
               navigia
               ,
               vel
               inimicorum
               quidem
               quaecunque
               ex
               alto
               (
               nullis
               jactata
               tempestatibus
               )
               in
               portum
               aliquem
               invehentur
               tranquilla
               pace
               fruuntor
               ,
               quin
               etiam
               si
               maris
               acta
               fluctibus
               ,
               ad
               domicilium
               aliquod
               illustre
               ,
               ac
               pacis
               beneficio
               donatum
               navis
               appulerit
               inimica
               ,
               atque
               istuc
               nautae
               confugerint
               ,
               ipsi
               &
               res
               illorum
               omnes
               angusta
               pace
               potiuntor
               .
            
          
           
             IX
             .
             Again
             by
             the
             Grand
             Charter
             of
             our
             Liberties
             ,
             they
             are
             provided
             for
             in
             these
             words
             :
             
               Omnes
               Mercatores
               nisi
               publice
               antea
               prohibiti
               fuerint
               habeant
               salvum
               ,
               &
            
             
             
               securum
               conductum
               ,
               exire
               de
               Anglia
               ,
               &
               venire
               in
               Angliam
               ,
               &
               morari
               ,
               &
               ire
               per
               Angliam
               ,
               tam
               per
               terram
               ,
            
             
             
               quam
               per
               aquam
               ,
               ad
               emendum
               ,
               vel
               vendendum
               sine
               omnibus
               malis
               tolentis
               per
               antiquas
               ,
               &
               rectas
               consuetudines
               praeterquam
               in
               tempore
               guerrae
               .
               Et
               sint
               de
               terra
               contra
               nos
               guerrina
               ,
               &
               tales
               inveniantur
               in
               terra
               nostra
               in
               principio
               guerrae
               ,
               attachiantur
               sine
               damno
               corporum
               suorum
               ,
               vel
               rerum
               ,
               donec
               sciatur
               a
               nobis
               ,
               vel
               a
               Capitali
               Justitiario
               nostro
               ,
               quomodo
               Mercatores
               terrae
               nostrae
               tractantur
               ,
               qui
               nunc
               inveniantur
               in
               terra
               illa
               contra
               nos
               guerrina
               ;
               Et
               si
               nostri
               salvi
               sint
               ibi
               alii
               salvi
               sint
               in
               terra
               nostra
               .
            
          
           
             1.
             
             By
             which
             it
             is
             declared
             ,
             that
             all
             Merchant
             Strangers
             might
             be
             publiquely
             prohibited
             to
             Trade
             into
             this
             Realm
             ,
             be
             they
             in
             Amity
             ,
             or
             otherwise
             .
          
           
             2.
             
             All
             Merchant
             Strangers
             in
             Amity
             ,
             except
             such
             as
             be
             so
             publiquely
             prohibited
             ,
             shall
             have
             safe
             and
             sure
             conduct
             in
             seven
             things
             .
          
           
             
               
                 
                   1.
                   
                   To
                   depart
                   out
                   of
                
                 
                   England
                   .
                
              
               
                 
                   2.
                   
                   To
                   come
                   into
                
              
               
                 
                   3.
                   
                   To
                   tarry
                   in
                
              
               
                 
                   4.
                   
                   By
                   Water
                   ,
                   and
                   Land
                   to
                   go
                   in
                   ,
                   and
                   thorough
                
              
               
                 
                   5.
                   
                   To
                   buy
                   ,
                   and
                   sell
                   ,
                
                 
                    
                
              
               
                 
                   6.
                   
                   Without
                   any
                   manner
                   of
                   evils
                   Tolls
                   .
                
                 
                    
                
              
               
                 
                   7.
                   
                   By
                   old
                   ,
                   and
                   rightful
                   Customs
                   .
                
                 
                    
                
              
            
          
           
             X.
             But
             concerning
             such
             Merchant
             Strangers
             ,
             whose
             Prince
             is
             in
             War
             with
             the
             Crown
             of
             England
             ,
             if
             they
             are
             found
             within
             the
             Realm
             ,
             at
             the
             beginning
             of
             the
             War
             ,
             they
             shall
             be
             attached
             with
             a
             Priviledge
             ,
             and
             limitation
             ,
             
               i.
               e.
            
             without
             harm
             of
             Body
             ,
             or
             Goods
             ;
             with
             this
             limitation
             ,
             until
             it
             be
             known
             to
             the
             King
             ,
             or
             his
             Chief
             Justice
             *
             ,
             how
             Merchants
             of
             England
             are
             used
             ,
             and
             intreated
             in
             their
             Countrey
             ,
             and
             accordingly
             they
             shall
             be
             used
             in
             England
             ,
             the
             same
             being
             
               jus
               Beli.
            
             But
             for
             Merchant
             Strangers
             ,
             that
             come
             into
             the
             Realm
             after
             War
             begun
             ,
             they
             may
             be
             dealt
             withal
             as
             open
             Enemies
             :
             It
             being
             the
             Pollicy
             of
             England
             ever
             to
             entertain
             Merchant
             Strangers
             fairly
             ,
             in
             the
             18.
             year
             of
             Ed.
             1.
             in
             the
             Parliament
             Roll
             it
             is
             contained
             thus
             :
             Cives
             London
             
               pe●…unt
               ,
               quod
               alienigenae
               Mercatores
               expellantur
               a
               Civitate
               ,
               quia
               dicantur
               ad
               depauperationem
               Civium
               ,
            
             &c.
             —
             Responsio
             .
             
             —
             
               Rex
               intendit
               quod
               Mercatores
               extranei
               sunt
               idonei
               ,
               &
               utiles
               magnatibus
               ,
            
             &c.
             
               &
               non
               habet
               Concilium
            
             
             
               cos
               expellendi
            
             :
             However
             though
             great
             Immunities
             were
             granted
             them
             ,
             yet
             they
             alwayes
             found
             Sureties
             ,
             that
             they
             should
             not
             carry
             out
             the
             Merchandize
             which
             they
             brought
             in
             .
             
          
           
             XI
             .
             And
             at
             this
             day
             ,
             if
             they
             bring
             in
             any
             Merchandize
             into
             the
             Realm
             ,
             and
             sell
             the
             same
             for
             Moneys
             ,
             they
             are
             to
             bestow
             the
             same
             upon
             other
             Merchandizes
             of
             England
             ,
             without
             carrying
             of
             any
             Gold
             ,
             or
             Silver
             in
             coin
             ,
             
             plate
             or
             mass
             out
             ,
             on
             forfeiture
             ;
             the
             principal
             reason
             of
             this
             was
             as
             well
             to
             preserve
             ,
             and
             keep
             the
             Gold
             ,
             and
             Silver
             within
             the
             Realm
             ,
             as
             for
             the
             encrease
             of
             the
             Manufactures
             ;
             and
             the
             same
             at
             this
             day
             extends
             as
             well
             to
             Denizons
             ,
             so
             made
             by
             Letters
             Patents
             ,
             as
             Strangers
             ;
             however
             he
             may
             use
             the
             same
             in
             payment
             ,
             to
             the
             Kings
             Leige
             People
             ,
             without
             *
             incurring
             the
             penalty
             of
             the
             Statute
             of
             4
             H.
             4.
             but
             yet
             in
             strictness
             of
             Law
             ,
             ought
             not
             to
             receive
             †
             any
             Gold
             in
             payment
             .
          
           
             XII
             .
             All
             Merchant
             Strangers
             that
             shall
             be
             made
             Denizons
             ,
             either
             by
             the
             Kings
             Letters
             Patents
             ,
             or
             by
             Act
             
             of
             Parliament
             ,
             must
             pay
             for
             their
             Merchandize
             like
             Custom
             ,
             and
             Subsidy
             ,
             as
             they
             ought
             ,
             or
             should
             pay
             before
             they
             were
             made
             Denizons
             .
          
           
             XIII
             .
             Every
             one
             that
             buys
             and
             sells
             ,
             is
             not
             from
             thence
             to
             be
             denominated
             a
             Merchant
             ;
             but
             only
             he
             who
             
             trafiques
             in
             the
             way
             of
             Commerce
             ,
             by
             importation
             ,
             or
             exportation
             ;
             or
             otherwise
             in
             the
             way
             of
             Emption
             ,
             vendition
             ,
             Barter
             ,
             permutation
             ,
             or
             exchange
             ,
             and
             which
             makes
             it
             his
             living
             to
             buy
             and
             sell
             ,
             and
             that
             by
             a
             continued
             assiduity
             ,
             or
             frequent
             negotiation
             in
             the
             mystery
             of
             merchandizing
             :
             But
             those
             that
             buy
             Goods
             ,
             to
             reduce
             them
             by
             their
             own
             art
             or
             industry
             ,
             into
             other
             forms
             then
             formerly
             they
             were
             of
             ,
             are
             properly
             called
             Artificers
             ,
             not
             Merchants
             :
             Not
             but
             Merchants
             may
             ,
             
             and
             do
             alter
             Commodities
             after
             they
             have
             bought
             them
             ,
             for
             the
             more
             expedite
             Sale
             of
             them
             ,
             but
             that
             renders
             them
             nor
             Arti●…rs
             ,
             but
             the
             same
             is
             part
             of
             the
             mystery
             of
             M●…ts
             ;
             But
             Per●…●…ying
             Commodities
             ,
             though
             the●…
             al●…
             not
             the
             form
             ,
             yet
             if
             they
             are
             such
             as
             ●…ell
             the
             
             〈◊〉
             at
             ●…ure
             dayes
             of
             payment
             ,
             for
             greater
             pri●…
             then
             〈◊〉
             〈◊〉
             them
             ,
             they
             are
             not
             properly
             called
             Merchants
             ,
             〈◊〉
             are
             〈◊〉
             ,
             th●…
             they
             〈◊〉
             〈◊〉
             other
             names
             ,
             
             as
             
               Ware-House
               Keepers
            
             ,
             and
             the
             like
             ,
             but
             Banckers
             ,
             and
             
             such
             as
             deal
             by
             Exchange
             ,
             are
             properly
             called
             Merchants
             .
          
           
             XIV
             .
             The
             Wares
             ,
             Merchandizes
             ,
             Debts
             ,
             or
             Duties
             that
             Merchants
             have
             as
             joint
             Traders
             ,
             or
             Partners
             ,
             shall
             not
             go
             to
             the
             Survivor
             ,
             but
             shall
             go
             to
             the
             Executor
             of
             him
             that
             is
             deceased
             .
          
           
             If
             two
             joynt
             Merchants
             occupy
             their
             Stock
             ,
             Goods
             ,
             and
             Merchandize
             in
             Common
             to
             their
             common
             profit
             ,
             one
             of
             them
             naming
             of
             himself
             a
             Merchant
             ,
             shall
             have
             an
             account
             against
             the
             other
             naming
             him
             a
             Merchant
             ;
             and
             shall
             charge
             him
             as
             
               Receptor
               denariorum
               ipsius
               B.
               ex
               quacunque
               causa
               ,
               &
               contractu
               ad
               communem
               utilitatem
               ipsorum
               A.
               &
               B.
               provenient
               sicut
               per
               legem
               Mercatoriam
               rationabiliter
               monstrare
               poterit
               .
            
          
           
             XV.
             And
             as
             the
             Law
             establishes
             security
             for
             their
             Estates
             ,
             so
             it
             gives
             them
             other
             immunities
             in
             their
             Commerce
             ;
             for
             if
             one
             Merchant
             draws
             a
             Bill
             of
             Exchange
             
             upon
             another
             ,
             be
             it
             in-Land
             ,
             or
             out-Land
             (
             if
             it
             be
             by
             way
             of
             Exchange
             )
             the
             acceptance
             of
             the
             Bill
             by
             the
             Party
             ,
             shall
             bind
             him
             to
             that
             party
             ,
             to
             whose
             use
             the
             Money
             in
             the
             Bill
             is
             to
             be
             paid
             ,
             and
             he
             may
             bring
             his
             action
             in
             his
             own
             name
             ,
             
               per
               legem
               Mercatoriam
            
             .
          
           
             And
             so
             it
             is
             if
             a
             third
             Person
             ,
             that
             is
             a
             Stranger
             to
             
             the
             Bill
             ,
             shall
             accept
             the
             same
             
               for
               the
               honour
               of
               the
               Drawer
               ,
            
             it
             shall
             bind
             him
             as
             effectually
             ,
             as
             if
             he
             upon
             whom
             the
             Bill
             was
             drawn
             had
             accepted
             it
             ;
             and
             this
             by
             the
             Custom
             of
             Merchants
             .
          
           
             XVI
             .
             All
             other
             Subjects
             are
             restrained
             to
             depart
             the
             Realm
             ,
             to
             live
             out
             of
             the
             Realm
             ,
             and
             out
             of
             the
             Kings
             
             Obedience
             ,
             if
             the
             King
             so
             thinks
             fit
             ;
             but
             Merchants
             are
             not
             ,
             for
             they
             may
             depart
             ,
             and
             the
             same
             is
             no
             contempt
             ,
             they
             being
             excepted
             out
             of
             the
             Statute
             of
             5
             R.
             2
             cap.
             2.
             
             And
             by
             the
             Common
             Law
             ,
             they
             might
             pass
             the
             Seas
             without
             Licence
             ,
             though
             not
             to
             Merchandize
             .
          
           
             XVII
             .
             It
             was
             once
             conceived
             ,
             that
             those
             Laws
             which
             were
             prohibitory
             against
             Forraign
             Goods
             ,
             did
             not
             bind
             a
             Merchant-Stranger
             ,
             but
             it
             was
             ruled
             otherwise
             :
             For
             in
             the
             Leagues
             that
             are
             now
             established
             between
             Nation
             and
             Nation
             ,
             the
             Laws
             of
             either
             Kingdom
             are
             excepted
             ;
             and
             therefore
             as
             the
             English
             in
             France
             ,
             or
             in
             any
             other
             Nation
             in
             Amity
             ,
             are
             subject
             to
             the
             Laws
             of
             
             
             that
             Countrey
             where
             they
             reside
             ;
             so
             must
             they
             of
             France
             ,
             
             or
             of
             any
             other
             Country
             be
             subject
             to
             the
             Laws
             of
             England
             ,
             when
             resident
             or
             here
             ;
             and
             therefore
             if
             a
             French
             Man
             imports
             any
             Points
             ,
             Laces
             ,
             Belts
             ,
             Hats
             ,
             and
             the
             like
             ,
             they
             are
             forfeited
             .
          
           
             XVIII
             .
             The
             marking
             of
             Goods
             is
             of
             a
             great
             consequence
             ,
             as
             in
             relation
             to
             the
             settling
             the
             property
             of
             the
             Merchandize
             in
             the
             right
             Owner
             ;
             and
             in
             Courts
             of
             Justice
             ,
             both
             the
             Civil
             Law
             ,
             and
             the
             Common
             Law
             ,
             hath
             a
             great
             respect
             to
             the
             same
             ,
             therefore
             the
             use
             has
             been
             ,
             that
             every
             particular
             Merchant
             ,
             hath
             his
             particular
             mark
             appropriated
             to
             him
             ;
             by
             which
             means
             ,
             if
             the
             Person
             is
             of
             any
             value
             considerable
             ,
             as
             in
             relation
             to
             Commerce
             ,
             his
             mark
             is
             presently
             known
             .
          
           
             Every
             Merchant
             is
             to
             set
             down
             his
             mark
             upon
             his
             Books
             of
             Account
             ,
             wherewith
             his
             Commodities
             are
             marked
             ;
             
             so
             Companies
             and
             Societies
             have
             their
             particular
             mark
             :
             No
             Merchant
             ought
             to
             use
             another
             mark
             ,
             without
             leave
             first
             had
             of
             the
             Party
             whose
             mark
             the
             same
             is
             ;
             for
             as
             Flags
             are
             the
             Ensigns
             ,
             that
             give
             consusance
             of
             the
             Nation
             whose
             Ships
             they
             are
             ,
             so
             marks
             are
             to
             ascertain
             the
             Owners
             of
             their
             property
             ,
             without
             confusion
             or
             damage
             :
             And
             though
             to
             set
             the
             mark
             of
             another
             Man
             ,
             alters
             not
             the
             property
             ,
             yet
             it
             may
             work
             such
             a
             detriment
             as
             may
             be
             very
             mischievous
             ;
             and
             therefore
             by
             the
             Common
             Law
             of
             England
             ,
             if
             
               J.
               S.
            
             shall
             maliciously
             set
             the
             mark
             of
             
               J.
               D.
            
             upon
             his
             Goods
             ,
             to
             the
             intent
             
               J.
               D.
            
             shall
             ,
             or
             may
             be
             brought
             into
             any
             trouble
             ,
             or
             
             put
             to
             any
             dammage
             or
             charge
             ,
             an
             action
             of
             the
             case
             will
             against
             
               J.
               S.
            
             
          
        
         
           
           
             CHAP.
             VII
             .
             
               Of
               Factors
            
             .
          
           
             
               
                 
                   I.
                   Factors
                   ,
                   their
                   qualifications
                   generally
                   considered
                   ,
                   as
                   in
                   refference
                   to
                   their
                   employment
                   .
                
                 
                   II.
                   Of
                   Commissions
                   ,
                   and
                   the
                   words
                   in
                   the
                   same
                   ,
                   that
                   quallifies
                   them
                   in
                   their
                   employment
                   .
                
                 
                   III.
                   Of
                   Commissions
                   to
                   Factors
                   that
                   limit
                   their
                   actions
                   .
                
                 
                   IV.
                   Of
                   a
                   Factor
                   that
                   deals
                   for
                   several
                   Merchants
                   ,
                   of
                   the
                   obligations
                   that
                   oblige
                   ,
                   and
                   not
                   oblige
                   each
                   other
                   .
                
                 
                   V.
                   Of
                   their
                   power
                   ,
                   considered
                   as
                   in
                   refference
                   to
                   the
                   dispensing
                   with
                   the
                   Debtors
                   of
                   their
                   Principals
                   .
                
                 
                   VI.
                   Where
                   the
                   false
                   entry
                   ,
                   or
                   unfaithfulness
                   of
                   the
                   Factor
                   ,
                   subjects
                   him
                   to
                   answer
                   dammage
                   to
                   his
                   Principal
                   ;
                   and
                   of
                   the
                   like
                   committed
                   by
                   the
                   Principal
                   ,
                   where
                   to
                   answer
                   to
                   the
                   Factor
                   .
                
                 
                   VII
                   .
                   Of
                   Goods
                   remitted
                   to
                   Factors
                   ,
                   and
                   lost
                   in
                   their
                   possession
                   ,
                   who
                   bears
                   the
                   misfortune
                   .
                
                 
                   VIII
                   .
                   Bills
                   of
                   Exchange
                   drawn
                   on
                   the
                   Factor
                   by
                   the
                   Principal●…
                   ,
                   and
                   accepted
                   ,
                   but
                   before
                   day
                   of
                   payment
                   the
                   Principal
                   becomes
                   Bankrupt
                   ,
                   whether
                   the
                   same
                   must
                   be
                   payed
                   .
                
                 
                   IX
                   .
                   Of
                   Freighting
                   of
                   Ships
                   by
                   a
                   Factor
                   ,
                   where
                   he
                   is
                   obliged
                   to
                   see
                   the
                   same
                   discharged
                   .
                
                 
                   X.
                   Of
                   the
                   general
                   rules
                   to
                   be
                   used
                   ,
                   touching
                   the
                   construction
                   of
                   their
                   ▪
                   actions
                   .
                
              
            
          
           
             I.
             A
             Factor
             is
             a
             Servant
             ,
             created
             by
             a
             Merchants
             Letters
             ,
             and
             taketh
             a
             kind
             of
             provision
             called
             Factorage
             ,
             such
             Persons
             are
             bound
             to
             answer
             the
             loss
             ,
             which
             happens
             by
             over-passing
             ,
             or
             exceeding
             their
             Commission
             ;
             but
             a
             simple
             Servant
             ,
             or
             an
             Apprentice
             can
             only
             incur
             his
             Masters
             displeasure
             .
             The
             Spaniard
             hath
             a
             Proverb
             :
             
               Quien
               passa
               Commission
               pier
               de
               Provision
               ;
               He
               that
               exceeds
               his
               Commission
               ,
               shall
               loose
               his
               Factorage
               :
            
             But
             time
             and
             experience
             hath
             taught
             them
             to
             know
             better
             things
             ,
             for
             now
             it
             is
             :
             
               Subolca
               la
               paga
               ,
               His
               Purse
               must
               pay
               for
               it
               .
            
             The
             gain
             of
             Factorage
             is
             certain
             ,
             however
             the
             success
             of
             the
             Voyage
             proves
             ;
             and
             it
             is
             the
             prudence
             of
             Merchants
             to
             chuse
             honest
             ,
             and
             industruous
             Persons
             ,
             for
             otherwise
             the
             Factor
             may
             grow
             rich
             ,
             and
             the
             Merchant
             poor
             ;
             the
             first
             being
             sure
             of
             his
             reward
             ,
             the
             latter
             uncertain
             of
             his
             gain
             .
          
           
             II.
             In
             Commissions
             they
             now
             generally
             incert
             these
             
             words
             :
             
               Dispose
               ,
               do
               ,
               and
               deal
               therein
               as
               if
               it
               were
               your
               own
            
             ;
             by
             which
             the
             actions
             of
             the
             Factor
             are
             to
             be
             excused
             ,
             though
             it
             turns
             to
             his
             Principals
             loss
             ,
             because
             it
             shall
             be
             presumed
             he
             did
             it
             for
             the
             best
             ,
             and
             according
             to
             his
             discretion
             .
          
           
             III.
             But
             bare
             Commission
             to
             a
             Factor
             ,
             to
             sell
             and
             dispose
             ,
             will
             not
             enable
             him
             to
             trust
             ,
             or
             give
             further
             day
             of
             payment
             ;
             for
             in
             the
             due
             execution
             of
             his
             authority
             ,
             he
             ought
             on
             a
             Sale
             to
             receive
             
               quid
               pro
               quo
            
             ,
             and
             as
             he
             delivers
             one
             receive
             the
             other
             ,
             for
             otherwise
             by
             that
             means
             ,
             as
             they
             may
             trust
             six
             Moneths
             ,
             they
             may
             trust
             sixteen
             years
             :
             Nor
             by
             the
             vertue
             of
             that
             clause
             ,
             of
             
               Doing
               as
               if
               it
               were
               their
               own
               ,
            
             may
             they
             trust
             out
             to
             an
             unreasonable
             time
             ,
             as
             ten
             or
             twenty
             years
             instead
             of
             one
             ,
             two
             ,
             three
             Moneths
             ,
             which
             is
             the
             Customary
             time
             for
             
             the
             like
             Commodities
             :
             And
             so
             it
             was
             adjudged
             ,
             where
             one
             had
             remitted
             Jewels
             to
             his
             Factor
             in
             Barbary
             ,
             who
             disposed
             of
             the
             same
             to
             Mulleshack
             the
             Emperor
             ,
             for
             a
             Sum
             certain
             to
             be
             paid
             at
             a
             time
             ,
             which
             being
             elapsed
             ,
             the
             Factor
             not
             obtaining
             it
             ,
             was
             forced
             to
             make
             the
             same
             good
             to
             his
             Principal
             .
          
           
             IV.
             Again
             ,
             one
             and
             the
             same
             Factor
             may
             act
             for
             several
             Merchants
             ,
             who
             must
             run
             the
             joynt
             risque
             of
             his
             actions
             ,
             though
             they
             are
             meer
             Strangers
             to
             one
             another
             ;
             as
             if
             five
             Merchants
             shall
             remit
             to
             one
             Factor
             five
             distinct
             Bales
             of
             Goods
             ,
             and
             the
             Factor
             makes
             one
             joynt
             Sale
             of
             them
             to
             one
             man
             ,
             who
             is
             to
             pay
             one
             moyety
             down
             ,
             and
             the
             other
             at
             six
             Moneths
             end
             ;
             if
             the
             Vendee
             breaks
             before
             the
             second
             payment
             ,
             each
             man
             must
             bear
             an
             equal
             share
             of
             the
             loss
             ,
             and
             be
             contented
             to
             accept
             of
             their
             dividend
             of
             the
             Money
             advanced
             .
          
           
             But
             if
             such
             a
             Factor
             draws
             a
             Bill
             of
             Exchange
             ,
             upon
             all
             those
             five
             Merchants
             ,
             and
             one
             of
             them
             accepts
             the
             same
             ,
             the
             others
             shall
             not
             be
             obliged
             to
             make
             good
             the
             payment
             .
             
          
           
             V.
             And
             as
             the
             Authority
             ,
             and
             trust
             reposed
             in
             Factors
             is
             very
             great
             ,
             so
             ought
             they
             to
             be
             provident
             in
             their
             actions
             ,
             for
             the
             benefit
             of
             their
             Principals
             ;
             and
             therefore
             if
             Factors
             shall
             give
             time
             to
             a
             Man
             for
             payment
             of
             moneys
             contracted
             on
             Sale
             of
             their
             Principals
             Goods
             ,
             and
             after
             the
             time
             is
             elapsed
             ,
             they
             shall
             sell
             
             Goods
             of
             their
             own
             to
             such
             Persons
             for
             ready
             Cash
             (
             leaving
             their
             Principals
             unreceived
             )
             and
             then
             such
             Men
             break
             ,
             and
             become
             insolvent
             ,
             the
             Factor
             in
             equity
             and
             honesty
             ought
             to
             make
             good
             the
             losses
             ,
             for
             they
             ought
             not
             to
             dispense
             with
             the
             non-payment
             of
             their
             Principals
             Moneys
             ,
             after
             they
             become
             due
             ,
             and
             procure
             payment
             of
             their
             own
             to
             an
             other
             mans
             loss
             ;
             but
             by
             the
             Laws
             of
             England
             they
             cannot
             be
             compelled
             .
          
           
             VI.
             Yet
             if
             Goods
             are
             remitted
             to
             a
             Factor
             ,
             and
             upon
             arrival
             he
             shall
             make
             a
             false
             Entry
             at
             the
             Custom-house
             ,
             or
             land
             them
             without
             the
             Customer
             ,
             whereby
             they
             shall
             incur
             a
             seisure
             or
             forfeiture
             ,
             whatsoever
             
             the
             Principal
             is
             endammaged
             ,
             he
             must
             inevitably
             make
             good
             ,
             nor
             will
             such
             general
             clause
             help
             him
             as
             above
             :
             But
             if
             a
             Factor
             makes
             his
             Entry
             according
             to
             the
             Envoice
             ,
             or
             his
             Letter
             of
             Advice
             ,
             and
             it
             falls
             out
             the
             same
             are
             mistaken
             ,
             if
             the
             Goods
             shall
             be
             lost
             ,
             yet
             the
             Factor
             is
             descharged
             .
          
           
             And
             as
             fidelity
             ,
             diligence
             ,
             and
             honesty
             are
             expected
             from
             the
             Factor
             ,
             so
             the
             Law
             requires
             the
             like
             from
             the
             Principal
             ,
             judging
             the
             act
             of
             one
             to
             be
             the
             act
             of
             the
             other
             ;
             and
             therefore
             if
             a
             Merchant
             shall
             remit
             Counterfeir
             Jewels
             to
             his
             Factor
             ,
             who
             sells
             and
             disposes
             them
             for
             valuable
             considerations
             ,
             as
             if
             they
             were
             right
             ,
             if
             the
             Factor
             receives
             any
             loss
             or
             prejudice
             thereby
             ,
             by
             imprisonment
             or
             other
             punishment
             ,
             the
             Master
             shall
             not
             only
             make
             good
             the
             dammage
             to
             the
             Factor
             ,
             but
             also
             render
             satisfaction
             to
             the
             Party
             damnified
             ;
             and
             so
             it
             was
             adjudged
             ,
             where
             one
             How
             was
             possessed
             of
             three
             Counterfeit
             Jewels
             ,
             and
             having
             Factors
             in
             Barbary
             ,
             and
             knowing
             one
             Southern
             ,
             a
             Merchant
             ,
             was
             resident
             on
             the
             Place
             ,
             consigns
             those
             Jewels
             to
             his
             Factor
             ,
             who
             receiving
             them
             ,
             intreated
             Southern
             to
             sell
             those
             Jewels
             for
             him
             ,
             telling
             him
             they
             were
             good
             Jewels
             ;
             whereupon
             Southern
             ,
             not
             knowing
             they
             were
             counterfeit
             ,
             sold
             them
             to
             the
             King
             of
             Barbary
             for
             eight
             hundred
             Pounds
             (
             they
             
             being
             worth
             really
             but
             one
             hundred
             Pounds
             )
             and
             delivered
             the
             Money
             to
             the
             Factor
             ,
             who
             remitted
             the
             same
             to
             How
             ;
             the
             King
             of
             Barbary
             not
             long
             after
             finding
             himself
             couzened
             ,
             committed
             Southern
             to
             Prison
             till
             he
             repaid
             the
             eight
             hundred
             Pounds
             :
             Whereupon
             Southern
             
             coming
             for
             England
             ,
             brought
             his
             action
             against
             How
             ,
             and
             had
             Judgment
             to
             recover
             his
             dammage
             ;
             for
             the
             Principal
             shall
             answer
             for
             his
             Factor
             in
             all
             cases
             where
             he
             is
             privy
             to
             the
             act
             or
             wrong
             :
             And
             so
             it
             is
             in
             Contracts
             ,
             if
             a
             Factor
             shall
             buy
             Goods
             on
             the
             Account
             of
             the
             Principal
             (
             especially
             if
             he
             has
             used
             so
             to
             do
             )
             the
             Contract
             of
             the
             Factor
             will
             oblige
             the
             Principal
             to
             a
             
             performance
             of
             the
             bargain
             .
          
           
             VII
             .
             When
             Factors
             have
             obtained
             a
             provenue
             or
             proffit
             for
             their
             Principal
             ,
             they
             must
             be
             careful
             how
             they
             dispose
             of
             the
             same
             ,
             for
             without
             Commission
             or
             order
             they
             must
             be
             responsible
             .
             Goods
             remitted
             to
             Factors
             ,
             ought
             in
             honesty
             to
             be
             carefully
             preserved
             ,
             for
             the
             trust
             is
             great
             that
             is
             reposed
             ;
             and
             therefore
             a
             Factor
             robbed
             in
             an
             Account
             ,
             brought
             against
             him
             by
             his
             Principal
             ,
             the
             same
             shall
             discharge
             him
             †
             .
             And
             so
             it
             is
             if
             a
             Factor
             buyes
             Goods
             for
             his
             Principal
             ,
             which
             afterwards
             happens
             to
             be
             damnified
             ,
             the
             Principal
             must
             bear
             the
             misfortune
             :
             But
             if
             a
             Factor
             shall
             dispose
             of
             the
             Goods
             of
             his
             Principal
             ,
             and
             take
             Money
             that
             is
             false
             ,
             he
             shall
             there
             make
             Good
             the
             loss
             ;
             yet
             if
             he
             receives
             Moneys
             ,
             and
             afterwards
             the
             same
             is
             by
             Edict
             ,
             or
             Proclamation
             lessened
             in
             value
             ,
             the
             Merchant
             ,
             and
             not
             the
             Factor
             must
             there
             bear
             the
             loss
             .
          
           
             Again
             ,
             in
             Letters
             of
             Credit
             ,
             the
             Factor
             must
             be
             sure
             to
             see
             ,
             whether
             the
             Commission
             is
             for
             a
             time
             certain
             ,
             or
             to
             such
             a
             value
             ,
             or
             not
             exceeding
             such
             a
             Sum
             ,
             or
             general
             ,
             in
             which
             he
             must
             have
             a
             careful
             eye
             .
          
           
             VIII
             .
             A
             Merchant
             remits
             Goods
             to
             his
             Factor
             ,
             and
             about
             a
             Moneth
             after
             draws
             a
             Bill
             on
             him
             ,
             the
             Factor
             having
             Effects
             in
             his
             hands
             ,
             accepts
             the
             Bill
             ,
             then
             the
             Principal
             breaks
             ,
             against
             whom
             a
             Commission
             of
             Banckrupts
             is
             awarded
             ,
             and
             the
             Goods
             in
             the
             Factors
             
             hands
             are
             seized
             ;
             it
             has
             been
             conceived
             ,
             the
             Factor
             must
             answer
             the
             Bill
             notwithstanding
             ,
             and
             come
             in
             a
             Creditor
             ,
             for
             so
             much
             as
             he
             was
             enforced
             by
             reason
             of
             his
             acceptance
             to
             pay
             .
          
           
             IX
             .
             If
             a
             Factor
             enters
             into
             a
             Charter
             Party
             with
             a
             Master
             for
             Freightment
             ,
             the
             Contract
             obliges
             him
             ;
             but
             if
             he
             lades
             aboard
             generally
             the
             Goods
             ,
             the
             Principals
             and
             the
             lading
             are
             made
             liable
             ,
             and
             not
             the
             Factor
             ,
             for
             the
             Freightment
             .
          
           
           
             The
             Principal
             orders
             his
             Factor
             ,
             that
             as
             soon
             as
             he
             hath
             laoded
             (
             he
             having
             Moneys
             in
             his
             hand
             )
             to
             make
             an
             Assurance
             on
             the
             Ship
             and
             Goods
             ,
             if
             the
             Ship
             happens
             to
             miscarry
             by
             the
             Custom
             of
             Merchants
             ,
             he
             shall
             answer
             the
             same
             ,
             if
             he
             hath
             neglected
             his
             Commission
             ;
             so
             it
             is
             ,
             if
             he
             having
             made
             an
             Assurance
             ,
             and
             loss
             hath
             occurred
             ,
             he
             ought
             not
             to
             make
             a
             Composition
             without
             orders
             from
             his
             Principal
             .
          
           
             Generally
             the
             actions
             of
             Factors
             do
             depend
             on
             Buying
             ,
             Selling
             ,
             Freighting
             ,
             and
             all
             other
             the
             Heads
             that
             have
             been
             treated
             in
             the
             Second
             Book
             ,
             by
             which
             their
             employment
             is
             universal
             in
             matters
             Maritime
             ,
             and
             of
             Commerce
             ;
             and
             the
             questions
             which
             would
             arise
             touching
             the
             same
             ,
             if
             treated
             on
             ,
             would
             be
             infinitum
             :
             However
             these
             are
             to
             be
             the
             Standard
             rules
             ,
             which
             should
             govern
             their
             actions
             ;
             viz.
             honesty
             ,
             faithfulness
             ,
             diligence
             ,
             and
             observing
             of
             Commission
             ,
             or
             Instructions
             ,
             which
             being
             considered
             ,
             and
             weighed
             by
             those
             that
             shall
             be
             Judge
             of
             their
             actions
             ,
             a
             right
             understanding
             and
             determing
             of
             the
             matters
             ,
             arrising
             between
             them
             and
             their
             Principals
             ,
             would
             soon
             be
             ended
             .
          
           
             But
             those
             sort
             of
             Factors
             that
             have
             wanted
             those
             things
             ,
             seldom
             or
             never
             render
             any
             other
             account
             ,
             but
             long
             ,
             and
             tedious
             Chancery
             Suits
             ;
             by
             which
             they
             not
             only
             have
             endammaged
             their
             very
             Trade
             ,
             but
             seek
             to
             marry
             their
             Principal
             to
             a
             double
             affliction
             ,
             by
             obliging
             them
             to
             sue
             either
             a
             Beggar
             ,
             or
             that
             which
             is
             worse
             ,
             a
             naughty
             man.
             
          
           
             On
             the
             other
             hand
             ,
             Factors
             that
             behave
             themselves
             worthily
             ,
             and
             prudently
             in
             the
             service
             of
             their
             Principals
             ,
             ought
             after
             their
             tedious
             service
             be
             numbered
             amongst
             those
             that
             justly
             challenge
             that
             worthy
             denomination
             of
             Merchant
             :
             And
             such
             was
             he
             who
             never
             made
             breach
             of
             Commission
             ,
             in
             the
             service
             of
             his
             Principal
             ,
             but
             once
             ;
             that
             was
             ,
             when
             Wines
             were
             committed
             to
             him
             to
             dispose
             of
             ,
             but
             the
             price
             (
             by
             reason
             of
             a
             glut
             )
             fell
             ,
             advice
             being
             given
             to
             the
             Principal
             of
             the
             same
             ,
             who
             immediately
             in
             passion
             writes
             to
             his
             Factor
             ,
             to
             take
             a
             hammer
             and
             knock
             out
             the
             heads
             ;
             but
             the
             Factor
             considering
             (
             that
             leave
             must
             be
             given
             to
             loosers
             to
             speak
             )
             knew
             better
             things
             ,
             and
             kept
             the
             
             sold
             them
             for
             their
             full
             value
             ;
             and
             when
             Accounts
             were
             to
             be
             made
             ,
             instead
             of
             bringing
             to
             the
             Account
             of
             Wines
             ,
             their
             heads
             knockt
             
               per
               order
            
             ;
             worthily
             brought
             
               per
               contra
            
             ,
             sold
             at
             their
             intrinsique
             value
             .
             Such
             faithful
             Ministers
             ,
             I
             say
             ,
             justly
             deserve
             that
             of
             our
             Saviour
             ,
             
               Well
               done
            
             ,
             &c.
             and
             be
             no
             more
             called
             Factor
             ,
             but
             Merchant
             .
          
        
         
           
           
             CHAP.
             VIII
             .
             
               Of
               the
               Laws
               of
               Nature
               and
               Nations
               .
            
          
           
             
               
                 
                   I.
                   Of
                   the
                   variety
                   and
                   contrariety
                   of
                   humane
                   actions
                   ,
                   and
                   from
                   whence
                   they
                   spring
                   .
                
                 
                   II.
                   Of
                   the
                   difficulties
                   that
                   happen
                   in
                   the
                   obstructing
                   our
                   inquisition
                   ,
                   in
                   finding
                   that
                   which
                   is
                   lawful
                   .
                
                 
                   III.
                   Humane
                   Laws
                   from
                   whence
                   they
                   flow
                   ,
                   and
                   wherefore
                   the
                   Laws
                   of
                   Nature
                   are
                   above
                   ours
                   .
                
                 
                   IV.
                   No
                   man
                   naturally
                   more
                   a
                   Judge
                   then
                   another
                   ,
                   of
                   Natures
                   Laws
                   .
                
                 
                   V.
                   Nature's
                   Laws
                   are
                   instituted
                   for
                   inward
                   goodness
                   ,
                   and
                   virtue
                   ;
                   but
                   State
                   Laws
                   for
                   quiet
                   ,
                   and
                   repose
                   .
                
                 
                   VI.
                   Of
                   punishment
                   required
                   by
                   Kings
                   ,
                   against
                   those
                   that
                   violate
                   the
                   Laws
                   of
                   Nature
                   or
                   Nations
                   ,
                   though
                   the
                   same
                   touch
                   not
                   them
                   ,
                   nor
                   their
                   Subjects
                   ,
                   and
                   of
                   punishing
                   an
                   equal
                   .
                
                 
                   VII
                   .
                   Of
                   punishing
                   an
                   equal
                   ,
                   where
                   that
                   right
                   fails
                   ,
                   and
                   the
                   reasons
                   of
                   the
                   same
                   .
                
                 
                   VIII
                   .
                   Of
                   Kingdoms
                   equal
                   in
                   Power
                   ,
                   cannot
                   be
                   commanded
                   ,
                   but
                   entreated
                   ,
                   may
                   be
                   to
                   execute
                   the
                   Judgement
                   of
                   another
                   ,
                   by
                   the
                   Law
                   of
                   Nations
                   .
                
                 
                   IX
                   .
                   That
                   such
                   power
                   of
                   executing
                   the
                   Judgments
                   ,
                   or
                   Decrees
                   of
                   any
                   Forreign
                   Nation
                   ,
                   extends
                   not
                   to
                   those
                   of
                   life
                   or
                   Honour
                   .
                
                 
                   X.
                   Of
                   executing
                   the
                   Judgments
                   given
                   in
                   a
                   Kingdom
                   absolute
                   ,
                   in
                   another
                   that
                   is
                   annexed
                   by
                   Conquest
                   ;
                   and
                   of
                   the
                   difference
                   of
                   that
                   ,
                   and
                   one
                   by
                   Union
                   :
                
                 
                   XI
                   .
                   Where
                   that
                   right
                   fails
                   in
                   Plantations
                   ,
                   and
                   the
                   reasons
                   of
                   the
                   same
                   .
                
              
            
          
           
             I.
             PLain
             Reason
             shews
             us
             ,
             that
             Natural
             and
             Mathematical
             causes
             have
             more
             certitude
             then
             Civil
             ;
             for
             Nature
             is
             alwayes
             uniform
             and
             alike
             in
             its
             operations
             :
             Hence
             fire
             alwayes
             burne
             ,
             and
             never
             wets
             a
             stone
             ,
             in
             the
             ayre
             naturally
             tends
             downwards
             ,
             and
             never
             stayes
             in
             the
             middle
             :
             In
             Mathimatical
             causes
             ordinarily
             the
             forms
             ,
             are
             such
             ,
             as
             have
             no
             middle
             interposed
             ,
             as
             betwixt
             even
             and
             odd
             ;
             There
             is
             no
             
               medium
               parti
               participationis
            
             ,
             betwixt
             a
             right
             line
             and
             a
             crooked
             ;
             there
             is
             no
             middle
             sort
             of
             line
             ;
             thus
             two
             and
             two
             alwayes
             make
             four
             .
          
           
             But
             Civil
             or
             Humane
             actions
             ,
             proceeding
             from
             a
             〈◊〉
             table
             and
             various
             principle
             (
             the
             will
             *
             )
             cannot
             alwayes
             be
             alike
             or
             uniform
             :
             And
             besides
             the
             will
             within
             ,
             humane
             actions
             without
             ,
             are
             subjected
             to
             different
             circumstances
             ,
             and
             to
             infinite
             encounters
             ;
             by
             reason
             of
             
             which
             their
             excessive
             number
             ,
             they
             cannot
             be
             foreseen
             while
             Men
             are
             making
             Laws
             :
             Hence
             we
             may
             understand
             ,
             wherefore
             it
             is
             said
             ,
             
               Omnis
               definitio
               in
               jure
               est
               periculosae
               ,
            
             and
             that
             
               summum
               Jus
            
             at
             some
             time
             may
             be
             found
             
               summum
               injuria
            
             ;
             as
             to
             render
             a
             Man
             his
             Sword
             ,
             when
             he
             is
             actually
             mad
             ,
             &c.
             
             And
             as
             circumstance
             hath
             power
             to
             change
             the
             matter
             ,
             so
             in
             the
             form
             of
             the
             action
             ,
             it
             leaves
             in
             the
             middle
             a
             latitude
             ,
             sometimes
             enclining
             to
             one
             extream
             ,
             sometimes
             to
             another
             .
          
           
             For
             Example
             ,
             betwixt
             that
             which
             by
             precept
             we
             are
             commanded
             ever
             to
             do
             ,
             and
             that
             which
             we
             are
             commanded
             act
             ever
             to
             do
             ,
             is
             plac'd
             that
             which
             is
             lawful
             for
             
             us
             now
             and
             then
             to
             do
             ,
             or
             not
             to
             do
             ,
             in
             matters
             of
             our
             own
             right
             ,
             so
             far
             as
             they
             seem
             expedient
             ,
             or
             not
             expedient
             for
             us
             :
             Thus
             Joseph
             is
             called
             a
             just
             Man
             ,
             because
             he
             thought
             of
             divorcing
             himself
             from
             Mary
             ,
             though
             upon
             circumstances
             he
             would
             not
             ,
             &c.
             
             But
             that
             which
             perplexes
             us
             all
             here
             is
             ,
             that
             this
             licitum
             leans
             sometimes
             more
             to
             the
             one
             hand
             ,
             sometimes
             more
             to
             the
             other
             ,
             sometimes
             more
             to
             that
             which
             is
             absolutely
             good
             ,
             sometimes
             more
             to
             that
             which
             is
             absolutly
             bad
             ;
             from
             whence
             grow
             scruples
             &
             doubtings
             ,
             whether
             in
             such
             twilight
             we
             really
             participate
             more
             of
             light
             then
             of
             darkness
             ,
             that
             is
             more
             of
             good
             then
             of
             bad
             .
          
           
             III.
             Humane
             Laws
             grow
             most
             out
             of
             these
             middle
             things
             ,
             
               ex
               mediis
               licitis
            
             ;
             and
             upon
             right
             examination
             we
             find
             ,
             that
             a
             Man
             hath
             nothing
             else
             to
             dispose
             ,
             for
             we
             
             (
             poor
             subordinate
             Vessels
             )
             cannot
             so
             much
             as
             deliberate
             
               de
               absolute
               debitis
            
             ,
             and
             
               absolute
               illicitis
            
             ,
             for
             they
             were
             in
             force
             before
             Man
             ,
             Prince
             or
             People
             were
             in
             being
             ,
             and
             God
             
             himself
             cannot
             now
             alter
             them
             ,
             they
             flowing
             intrinsically
             ,
             either
             from
             his
             Sanctity
             ,
             Wisdom
             ,
             and
             Justice
             ,
             as
             he
             is
             a
             Creator
             and
             Governour
             ;
             or
             else
             they
             flow
             from
             Nature
             ,
             whose
             rule
             (
             according
             to
             Gods
             making
             it
             by
             that
             which
             is
             in
             himself
             )
             is
             right
             reason
             and
             honesty
             :
             This
             upright●…ess
             of
             Nature
             ,
             together
             with
             that
             obligation
             we
             have
             to
             be
             subject
             to
             it
             ,
             was
             not
             a
             moment
             after
             us
             ,
             and
             therefore
             we
             could
             not
             determine
             any
             thing
             about
             it
             ;
             for
             which
             cause
             we
             have
             not
             a
             legislative
             power
             to
             alter
             or
             diminish
             any
             of
             Nature's
             Laws
             .
          
           
             IV.
             Saint
             Paul
             tells
             us
             ,
             of
             those
             
               who
               without
               any
               after
               knowledge
               of
               Gods
               revealed
               will
               or
               Laws
               to
               Man
               ,
               were
            
             
             
               condemnable
               by
               those
               of
               Nature
               alone
               ,
               in
               the
               punishing
               the
               Breakers
               whereof
               :
            
             No
             Man
             is
             naturally
             more
             a
             Magistrate
             then
             other
             ;
             otherwise
             what
             meant
             Cain
             ,
             when
             after
             his
             murther
             he
             cryed
             ,
             
               whosoever
               shall
               find
               me
               ,
               will
               slay
               me
               .
            
          
           
             V.
             And
             though
             humane
             Laws
             remember
             us
             of
             those
             things
             ,
             yet
             it
             is
             not
             as
             if
             they
             gave
             their
             original
             and
             primary
             force
             of
             obliging
             ;
             yea
             ,
             reason
             of
             State
             is
             not
             busied
             so
             much
             about
             inward
             piety
             and
             virtue
             ,
             as
             it
             is
             about
             publick
             quiet
             and
             repose
             ,
             or
             those
             actions
             which
             regard
             another
             Mans
             receiving
             right
             or
             wrong
             ;
             and
             hence
             it
             is
             that
             great
             prodagility
             is
             not
             so
             severely
             punished
             as
             a
             little
             robbery
             ;
             and
             that
             
               malus
               homo
               potest
               esse
               bonus
               Civis
               ,
            
             the
             reason
             is
             ,
             because
             though
             he
             may
             do
             himself
             wrong
             in
             his
             own
             rights
             ,
             yet
             he
             may
             alwayes
             do
             other
             men
             right
             in
             theirs
             ;
             neither
             is
             there
             any
             clear
             reason
             ,
             wherefore
             those
             lesser
             sins
             and
             impieties
             ,
             should
             be
             punished
             by
             any
             but
             God
             ,
             who
             is
             wisest
             to
             know
             them
             ,
             justest
             to
             weigh
             the
             merit
             of
             them
             ,
             and
             powerfullest
             to
             punish
             them
             .
          
           
             This
             is
             the
             State
             of
             Gods
             ,
             and
             of
             Nature's
             Laws
             ,
             to
             which
             we
             are
             all
             equally
             obliged
             ,
             but
             our
             floating
             and
             circumstantiated
             Laws
             are
             only
             to
             give
             a
             rule
             ,
             for
             an
             equal
             and
             mutual
             community
             in
             things
             ,
             which
             God
             and
             Nature
             gave
             us
             to
             dispose
             of
             as
             we
             would
             our selves
             .
          
           
             VI.
             Hence
             it
             is
             that
             Kings
             and
             such
             as
             have
             equal
             power
             with
             Kings
             ,
             have
             a
             right
             to
             require
             punishment
             ,
             not
             only
             for
             injuries
             committed
             against
             themselves
             or
             their
             Subjects
             ,
             but
             for
             them
             also
             that
             do
             not
             peculiarly
             touch
             themselves
             ,
             whatsoever
             the
             Persons
             that
             do
             unmanly
             violate
             the
             Law
             of
             Nature
             or
             of
             Nations
             ,
             for
             the
             liberty
             by
             punishments
             to
             provide
             for
             humane
             Society
             (
             as
             hath
             been
             
             already
             mentioned
             )
             was
             in
             the
             hand
             of
             every
             man
             〈◊〉
             ,
             but
             after
             Common-wealths
             ,
             and
             Courts
             of
             Justice
             were
             ordained
             ,
             it
             resided
             in
             the
             hand
             of
             the
             highest
             Powers
             ,
             not
             properly
             as
             they
             are
             over
             others
             ,
             
               but
               as
               they
               are
               under
               none
               :
            
             For
             subjection
             to
             others
             hath
             taken
             away
             that
             right
             ;
             yea
             so
             much
             more
             honest
             is
             it
             to
             vindicate
             other
             mens
             injuries
             then
             our
             own
             ,
             by
             how
             much
             more
             it
             is
             to
             be
             feared
             ,
             that
             a
             man
             in
             his
             own
             by
             too
             deep
             
             a
             resentment
             may
             either
             exceed
             a
             measure
             ,
             or
             at
             least
             infect
             his
             mind
             ;
             however
             ,
             his
             right
             of
             punishing
             an
             equal
             ,
             remains
             still
             in
             those
             places
             where
             the
             People
             remain
             as
             in
             great
             Families
             ,
             and
             not
             in
             Cities
             ,
             or
             under
             some
             Government
             ;
             and
             therefore
             those
             that
             have
             now
             possessions
             of
             any
             Parts
             of
             the
             New
             World
             ,
             or
             American
             Isles
             ,
             till
             they
             have
             either
             voluntarily
             submitted
             to
             a
             Government
             ,
             or
             put
             them
             and
             their
             discovery
             into
             the
             hands
             ,
             or
             protection
             of
             some
             Prince
             that
             may
             exercise
             power
             ,
             there
             remains
             the
             old
             and
             natural
             right
             of
             punishing
             for
             offences
             :
             So
             likewise
             where
             Persons
             shall
             be
             assaulted
             by
             Pyrats
             on
             the
             Seas
             ,
             if
             they
             be
             overcome
             ,
             they
             may
             be
             immediatly
             executed
             by
             the
             Law
             of
             Nature
             ;
             for
             otherwise
             there
             would
             be
             a
             Failer
             of
             power
             to
             punish
             such
             :
             Besides
             the
             old
             natural
             Liberty
             remains
             in
             all
             Places
             ,
             
             where
             are
             no
             Judgments
             ;
             so
             where
             they
             are
             taken
             and
             brought
             to
             a
             Port
             ,
             and
             the
             Judge
             openly
             refuses
             the
             
             Trial
             of
             them
             ;
             or
             that
             a
             Trial
             of
             them
             cannot
             be
             had
             ,
             without
             an
             apparent
             detriment
             ,
             and
             loss
             to
             the
             Captors
             ,
             Justice
             may
             be
             done
             upon
             them
             by
             the
             Law
             of
             
             Nature
             .
          
           
             VII
             .
             Two
             Pyrats
             resolving
             to
             assault
             ,
             and
             rob
             the
             next
             Vessel
             they
             meet
             with
             ,
             (
             not
             knowing
             each
             others
             condition
             or
             design
             ,
             )
             encounter
             ,
             and
             the
             one
             happens
             to
             be
             overcome
             by
             the
             other
             ;
             the
             question
             is
             now
             ,
             whether
             the
             above
             mentioned
             right
             so
             far
             remains
             ,
             as
             that
             the
             stronger
             may
             execute
             him
             that
             he
             hath
             overcome
             ?
             Right
             reason
             dictates
             ,
             that
             the
             evil
             doer
             may
             be
             punished
             ,
             
             not
             who
             should
             punish
             him
             ;
             but
             that
             Nature
             sufficiently
             sheweth
             ,
             that
             it
             is
             most
             convenient
             to
             be
             done
             by
             him
             that
             is
             Superior
             ;
             yet
             doth
             it
             not
             demonstrate
             this
             to
             be
             necessary
             ,
             except
             Superior
             be
             taken
             in
             that
             sence
             ,
             that
             the
             evil
             doer
             be
             thought
             to
             have
             made
             himself
             thereby
             inferior
             to
             any
             other
             ,
             and
             to
             have
             as
             it
             were
             degraded
             himself
             from
             the
             order
             of
             men
             ,
             into
             the
             number
             of
             Beasts
             subject
             to
             no
             man
             ,
             and
             such
             are
             Pyrats
             ,
             who
             have
             no
             other
             denomination
             but
             Night-wolves
             ,
             or
             Beasts
             of
             Prey
             .
             By
             Nature
             it
             is
             ordained
             ,
             
               That
               the
               better
               command
               the
               worse
            
             ;
             And
             Aristotle
             *
             saith
             ,
             
               The
               worse
               are
               provided
               for
               the
               use
               of
               the
               better
               ,
               as
               well
               in
               Naturals
               as
               in
               Artificials
               ,
            
             It
             follows
             hence
             ,
             that
             at
             least
             a
             guilty
             Person
             
             ought
             not
             to
             be
             punished
             by
             another
             equally
             guilty
             ,
             to
             which
             purpose
             is
             that
             saying
             of
             Christ
             ,
             
               VVhosoever
               of
               you
               is
               without
               sin
            
             (
             that
             is
             such
             sin
             )
             
               let
               him
               throw
               the
               first
               stone
               .
            
             Pertinent
             is
             that
             saying
             ,
             
               The
               Sentence
               can
               have
               no
               authority
               ,
               where
               he
               that
               judgeth
               is
               to
               be
               condemned
            
             ;
             From
             whence
             ,
             it
             follows
             ,
             that
             the
             right
             of
             punishing
             in
             such
             case
             at
             such
             time
             ceases
             .
          
           
             VIII
             .
             Kingdoms
             which
             are
             equal
             in
             power
             ,
             and
             having
             no
             dependance
             on
             each
             other
             ,
             cannot
             be
             commanded
             nor
             corrected
             of
             another
             ;
             but
             if
             there
             be
             a
             question
             ,
             to
             execute
             the
             Decree
             or
             Judgment
             of
             one
             in
             the
             Territory
             of
             the
             other
             ,
             there
             may
             issue
             forth
             a
             Commission
             of
             entreaty
             ,
             under
             the
             Seal
             of
             that
             Court
             where
             the
             Judgment
             was
             given
             ,
             or
             at
             least
             under
             the
             great
             Seal
             of
             the
             Prince
             ,
             directed
             to
             the
             Judges
             in
             that
             place
             where
             the
             the
             Defendant
             is
             resident
             ,
             and
             the
             Judge
             to
             whom
             the
             said
             Commission
             is
             directed
             may
             award
             execution
             ,
             according
             to
             the
             Laws
             of
             Nations
             :
             And
             so
             it
             was
             adjudged
             ,
             where
             one
             having
             recovered
             a
             Debt
             before
             the
             Governour
             of
             Freisland
             ,
             Defendant
             upon
             that
             fled
             for
             England
             ,
             the
             Governour
             at
             the
             Request
             of
             the
             Plaintiff
             ,
             issued
             forth
             his
             Commission
             of
             Request
             ,
             directed
             
               Omnes
               Magistratus
               infra
               Regnum
               Angliae
               rogans
               ,
            
             to
             make
             execution
             of
             the
             said
             
             Judgment
             ;
             upon
             which
             the
             Judge
             of
             the
             Admiralty
             in
             England
             issued
             forth
             ,
             an
             Execution
             of
             that
             Sentence
             ,
             and
             the
             Defendant
             was
             taken
             ,
             upon
             which
             he
             brought
             his
             
               Habeas
               Corpus
            
             ,
             and
             adjudged
             the
             Sentence
             well
             executed
             by
             the
             Laws
             of
             Nations
             ,
             and
             according
             to
             the
             Common
             Law
             of
             this
             Realm
             .
          
           
             So
             likewise
             if
             a
             Dutch-man
             takes
             up
             Goods
             at
             the
             Port
             of
             London
             ,
             and
             gives
             a
             Note
             under
             his
             hand
             for
             the
             payment
             of
             the
             same
             ,
             and
             then
             flyes
             into
             Holland
             ,
             the
             Vendor
             may
             apply
             himself
             to
             the
             
               Lord
               Major
               of
               London
            
             ;
             and
             upon
             proof
             of
             the
             delivery
             ,
             and
             Sale
             of
             the
             Goods
             ,
             the
             
               Lord
               Major
            
             making
             a
             Certificat
             of
             the
             same
             ,
             and
             sending
             it
             under
             the
             City
             Seal
             directed
             as
             above
             ,
             they
             of
             Holland
             will
             ,
             and
             do
             execute
             the
             same
             upon
             the
             Party
             .
          
           
             Herein
             this
             last
             Case
             differs
             from
             the
             first
             ;
             for
             by
             the
             former
             ,
             if
             there
             should
             fall
             a
             question
             about
             the
             interpretation
             of
             the
             Judgment
             or
             Sentence
             ,
             the
             same
             cannot
             
             be
             done
             ,
             for
             they
             are
             not
             to
             examine
             the
             same
             ;
             and
             the
             reason
             is
             ,
             least
             the
             Stranger
             be
             induced
             at
             another
             time
             to
             do
             the
             like
             ,
             and
             so
             dissolve
             the
             Judgments
             whereof
             they
             should
             demand
             the
             execution
             ,
             the
             which
             would
             be
             done
             more
             through
             jealousy
             of
             the
             State
             ,
             then
             for
             any
             injustice
             in
             them
             ;
             besides
             the
             Judgments
             or
             Sentences
             ,
             which
             are
             matters
             of
             Record
             and
             of
             the
             greatest
             security
             in
             a
             Kingdom
             ,
             the
             presumption
             that
             they
             were
             justly
             given
             shall
             alwayes
             be
             understood
             .
          
           
             IX
             But
             in
             the
             latter
             the
             same
             may
             be
             examined
             ,
             that
             is
             ,
             the
             Merchant
             may
             be
             heard
             as
             to
             his
             legal
             defence
             ,
             either
             to
             the
             lessening
             or
             discharging
             the
             debt
             or
             dammage
             ,
             but
             against
             the
             testimony
             certified
             ,
             no
             objection
             can
             be
             made
             ,
             but
             the
             same
             is
             admitted
             as
             legally
             proved
             .
          
           
             But
             if
             there
             be
             a
             question
             of
             honour
             or
             life
             ,
             there
             they
             may
             not
             execute
             the
             Judgments
             of
             Forraign
             Judges
             ,
             especially
             if
             they
             have
             not
             kown
             the
             merit
             of
             the
             causes
             or
             seen
             the
             Informations
             ,
             or
             heard
             the
             Witnesses
             ;
             but
             more
             especially
             in
             England
             ,
             for
             there
             can
             in
             no
             respect
             whatsoever
             the
             life
             of
             a
             Man
             ,
             (
             let
             his
             offence
             be
             never
             so
             hainous
             )
             be
             brought
             to
             punishment
             without
             a
             legal
             Tryall
             ,
             *
             and
             that
             by
             the
             producing
             of
             Witnesses
             
               viva
               voce
            
             to
             his
             face
             ,
             yet
             Princes
             for
             the
             respect
             they
             bear
             each
             other
             ,
             and
             for
             the
             Good
             of
             Justice
             ,
             though
             they
             cannot
             at
             the
             bear
             request
             of
             the
             Judges
             of
             another
             Prince
             ,
             put
             them
             to
             death
             ;
             yet
             they
             may
             for
             exemplary
             punishments
             (
             which
             ought
             to
             be
             made
             upon
             the
             places
             were
             the
             fact
             was
             committed
             )
             yield
             the
             natural
             Subject
             to
             his
             natural
             Prince
             ,
             unless
             the
             Prince
             to
             whom
             the
             fugitive
             is
             fled
             findes
             that
             he
             
             is
             unjustly
             pursued
             ,
             for
             in
             such
             cases
             he
             is
             not
             bound
             to
             yield
             them
             ;
             yea
             ,
             he
             is
             forbidden
             by
             the
             Law
             of
             God
             to
             restore
             a
             bound-Man
             ,
             which
             is
             fled
             into
             another
             Mans
             
             house
             ,
             to
             avoid
             the
             fury
             of
             his
             Master
             .
          
           
             X.
             And
             as
             the
             same
             is
             in
             cases
             Forraign
             ,
             so
             likewise
             in
             those
             Estates
             that
             are
             under
             the
             
               Crown
               of
               England
            
             ;
             and
             therefore
             if
             a
             Man
             recovers
             against
             †
             
               I.
               S.
            
             in
             the
             Kings
             Bench
             in
             England
             ,
             and
             then
             the
             Defendant
             flies
             over
             into
             Ireland
             ,
             the
             Judgment
             may
             be
             certified
             over
             into
             the
             Chancery
             in
             Ireland
             ,
             and
             they
             may
             by
             Mittimus
             send
             it
             into
             the
             Kings
             Bench
             there
             ,
             and
             they
             may
             award
             execution
             or
             otherwise
             
             the
             party
             may
             bring
             his
             Action
             of
             Debt
             on
             the
             same
             ;
             so
             the
             like
             has
             been
             done
             for
             Decrees
             given
             in
             the
             Chancery
             in
             England
             ,
             which
             have
             been
             exemplyfied
             under
             the
             Great
             Seal
             ,
             directed
             to
             the
             Kings
             Lievtenant
             ,
             for
             the
             putting
             the
             same
             in
             execution
             there
             ;
             but
             in
             no
             case
             a
             Judgment
             given
             in
             England
             may
             be
             certified
             over
             under
             any
             other
             Seal
             ,
             but
             that
             of
             the
             Great
             one
             .
          
           
             But
             in
             Scotland
             it
             is
             otherwise
             ;
             for
             that
             is
             a
             Kingdom
             absolute
             ,
             and
             not
             like
             Ireland
             ,
             which
             is
             a
             Crown
             annexed
             by
             Conquest
             ,
             but
             the
             other
             is
             by
             Union
             ;
             and
             though
             they
             be
             united
             under
             one
             Prince
             
               ad
               fidem
            
             ,
             yet
             their
             Laws
             are
             distinct
             ,
             so
             as
             if
             they
             had
             never
             been
             united
             ;
             and
             therefore
             the
             execution
             of
             the
             Judgments
             in
             each
             other
             ,
             must
             be
             done
             upon
             Request
             ,
             as
             above
             ,
             and
             that
             according
             to
             the
             Laws
             of
             Nations
             .
          
           
             XI
             .
             But
             in
             Collonies
             or
             Plantations
             ,
             which
             are
             reduced
             into
             the
             condition
             of
             great
             Families
             ,
             have
             not
             this
             Right
             of
             Requesting
             ,
             for
             they
             are
             governed
             by
             the
             Laws
             prescribed
             by
             the
             Souveraign
             of
             the
             same
             ,
             who
             may
             set
             Jurisdictions
             ,
             &
             make
             them
             places
             priviledged
             not
             to
             have
             the
             Persons
             attached
             or
             arrested
             in
             any
             other
             places
             ,
             but
             within
             their
             own
             bounds
             ;
             so
             likewise
             upon
             their
             first
             forming
             or
             Institution
             ,
             may
             so
             declare
             that
             for
             any
             debt
             or
             Contract
             made
             or
             done
             in
             any
             place
             but
             in
             that
             of
             the
             same
             Plantation
             ,
             they
             shall
             not
             be
             impleaded
             ;
             and
             therefore
             in
             Virginia
             at
             this
             day
             ,
             if
             a
             Man
             contracts
             a
             debt
             in
             England
             ,
             flies
             to
             the
             same
             ,
             she
             cannot
             be
             there
             impleaded
             :
             But
             if
             a
             Man
             takes
             up
             Goods
             ,
             and
             carries
             the
             same
             over
             thither
             ,
             there
             he
             may
             be
             sued
             in
             the
             place
             ;
             so
             likewise
             if
             it
             can
             be
             proved
             he
             carryed
             over
             the
             money
             borrow'd
             ,
             and
             this
             amongst
             others
             of
             the
             Laws
             and
             Constitutions
             of
             those
             Plantations
             ,
             is
             preserved
             inviolably
             ,
             the
             same
             being
             as
             it
             were
             a
             pledge
             and
             general
             safety
             ,
             which
             is
             given
             to
             those
             Inhabitants
             ,
             that
             shall
             resort
             thither
             ,
             and
             there
             plant
             themselves
             for
             the
             good
             of
             the
             Place
             ;
             and
             although
             those
             that
             thither
             flie
             ,
             by
             reason
             of
             great
             and
             unreparable
             losses
             ,
             have
             contracted
             debts
             far
             beyond
             their
             ability
             to
             satisfy
             ,
             a
             failer
             of
             which
             ,
             in
             strictness
             of
             Law
             ,
             may
             (
             if
             the
             Creditor
             pleases
             ,
             )
             oblidge
             their
             Bodies
             to
             Imprisonment
             ;
             yet
             doth
             it
             not
             thence
             follow
             
             that
             the
             same
             ought
             to
             exacted
             ;
             for
             though
             the
             Carcass
             of
             Men
             may
             gratify
             the
             revenge
             of
             the
             Creditor
             ,
             yet
             it
             never
             can
             pay
             the
             debt
             ;
             wherefore
             if
             those
             ends
             by
             themselves
             in
             a
             morall
             estimation
             be
             not
             necessary
             ;
             or
             ,
             if
             other
             ends
             on
             the
             opposit
             part
             occur
             ,
             not
             less
             profitable
             or
             necessary
             ;
             or
             ,
             if
             the
             ends
             proposed
             by
             Imprisonment
             may
             be
             attained
             another
             way
             ,
             it
             will
             then
             follow
             that
             if
             there
             be
             nothing
             of
             obligation
             on
             the
             Debtors
             part
             ,
             to
             render
             himself
             a
             Prisoner
             to
             the
             Creditor
             ;
             that
             then
             if
             the
             same
             can
             or
             may
             be
             avoided
             by
             flight
             ,
             the
             same
             in
             conscience
             may
             be
             done
             ;
             according
             to
             that
             of
             Cicero
             †
             ,
             
               It
               was
               not
               fit
               perhaps
               to
               dismiss
               him
               being
               brought
               to
               Judgment
               ,
               but
               that
               he
               should
               be
               enquired
               after
               ,
               and
               brought
               to
               judgment
               ,
               was
               not
               necessary
               .
            
          
           
             FINIS
             .
          
        
      
    
     
       
         
         
           A
           Short
           Table
           of
           the
           Principal
           Matters
           contained
           in
           this
           Book
           .
           Distinguished
           by
           Lib.
           for
           the
           Book
           ,
           Chap.
           for
           the
           Chapter
           ,
           and
           §.
           for
           the
           Paragraph
           .
        
         
           
             Accessory
             .
          
           
             Lib.
             Chap.
             §
             .
          
           
             PYrat
             in
             the
             attempt
             kills
             a
             person
             ,
             by
             the
             Law
             Maritime
             the
             Slayer
             onely
             is
             Principall
             ,
             and
             the
             rest
             onely
             Accessories
             :
             but
             by
             the
             Common
             Law
             otherwise
             .
             1.
             4.
             13
          
           
             No
             Accessory
             to
             Pyracy
             can
             be
             tryed
             by
             virtue
             of
             the
             Stat.
             28
             H.
             8.
             but
             he
             must
             be
             tryed
             in
             the
             Admiralty
             .
             1.
             4.
             23
             ,
             26
          
        
         
           
             Acceptance
             .
          
           
             Acceptance
             of
             a
             Bill
             of
             Exchange
             ,
             what
             words
             amount
             to
             the
             same
             ,
             2.
             10.
             15
             ,
             20
          
        
         
           
             Actions
             .
          
           
             Actions
             of
             Trover
             will
             lye
             for
             an
             8th
             or
             16th
             part
             of
             a
             Ship.
             2.
             1.
             12
          
        
         
           
             Admirals
             .
          
           
             The
             reason
             of
             their
             power
             ,
             1.
             6.
             5
             
             
               Lib.
               Chap.
            
             §
             .
          
           
             Admiral
             ,
             where
             10th
             part
             of
             the
             Prize
             is
             due
             to
             him
             .
             1.
             1.
             〈◊〉
          
           
             Admiral
             hath
             no
             Jurisdiction
             
               infra
               Corpus
               Com.
            
             2.
             2.
             2
          
           
             He
             may
             issue
             forth
             Commissions
             for
             the
             assembling
             of
             Court
             Martials
             .
             1.
             14.
             16
          
           
             Execution
             of
             a
             Sentence
             of
             Death
             cannot
             be
             without
             his
             leave
             .
             ibid.
             
          
        
         
           
             Agrument
             .
          
           
             Made
             with
             Forraigners
             by
             the
             Commissioners
             of
             the
             Custome-House
             ,
             all
             persons
             Subjects
             shall
             have
             benefit
             of
             the
             same
             .
             2.
             15.
             3
          
           
             Agreement
             for
             Freight
             ,
             where
             the
             same
             is
             determined
             by
             the
             fault
             of
             either
             party
             .
             2.
             4.
             3
          
           
             Cannot
             be
             made
             with
             a
             Mariner
             for
             the
             Freightment
             of
             the
             Vessel
             .
             2.
             4.
             14
          
           
             Averidge
             .
             Vide
             Contribution
             .
          
        
         
           
             Alien
             .
          
           
             Not
             Capable
             of
             the
             Kings
             Pardon
             unless
             they
             were
             resident
             at
             the
             
             time
             the
             same
             was
             promulgated
             ,
             3.
             4.
             7
          
           
             Capable
             of
             taking
             ,
             but
             not
             of
             enjoying
             :
             What
             they
             may
             hold
             ;
             and
             if
             they
             depart
             ,
             who
             will
             enjoy
             the
             same
             .
             3.
             2.
             1
          
           
             Cannot
             transfer
             to
             his
             Heir
             to
             what
             he
             is
             disabled
             to
             hold
             .
             3.
             2.
             2
          
           
             Alien
             marries
             an
             English
             Woman
             that
             is
             seized
             ,
             the
             Issue
             shall
             inherit
             .
             2.
             2.
             6
          
           
             Though
             the
             Issue
             be
             born
             beyond
             the
             Seas
             shall
             inherit
             .
             3.
             2.
             7
          
           
             Born
             in
             the
             Kings
             Dominions
             not
             Aliens
             .
          
           
             Purchases
             Lands
             with
             a
             Natural
             born
             Subject
             to
             them
             and
             their
             heirs
             ,
             they
             are
             Joynt-Tenants
             ,
             3.
             2.
             11
          
           
             Aliens
             resident
             ,
             and
             Aliens
             travelling
             through
             France
             ,
             the
             difference
             b●…tween
             them
             as
             in
             reference
             to
             their
             Estates
             .
             3.
             3.
             8
          
           
             Administration
             of
             an
             Alien's
             Estate
             may
             be
             committed
             to
             the
             next
             of
             Kin.
             3.
             3.
             9
          
           
             Diff●…rence
             between
             the
             Crowns
             of
             France
             and
             England
             in
             reference
             to
             the
             Births
             of
             persons
             born
             in
             places
             which
             they
             formerly
             possest
             .
             3.
             3.
             10
          
           
             Alien
             in
             League
             his
             Action
             is
             only
             to
             be
             abated
             ;
             but
             in
             Enmity
             ,
             may
             conclude
             in
             barr
             .
             3.
             4.
             1
          
        
         
           
             Alliances
             .
          
           
             Alliances
             not
             determined
             by
             the
             death
             of
             the
             Prince
             .
             1.
             7.
             6
          
        
         
           
             Ambassadors
             .
          
           
             Where
             obliged
             not
             to
             Treat
             with
             any
             other
             but
             the
             Prince
             .
             1.
             7.
             4
          
           
             How
             Regulated
             at
             the
             Congresse
             ,
             1.
             7.
             5
          
           
             Their
             Function
             .
             1.
             10.
             1
          
           
             How
             protected
             though
             the
             Messengers
             of
             Rebels
             or
             Thieves
             .
             1.
             10.
             2
          
           
             Violence
             or
             killing
             them
             how
             punishable
             .
             1.
             10.
             3
             ,
             15
          
           
             May
             be
             rejected
             and
             not
             received
             ,
             and
             when
             .
             1.
             10.
             4
          
           
             Where
             punishable
             by
             the
             
               Lawes
               of
               Nations
            
             .
             1.
             10.
             5
             ,
             6
             14.
             9
          
           
             Are
             not
             to
             render
             account
             to
             none
             but
             to
             them
             that
             sent
             them
             ,
             1.
             10.
             6
          
           
             Not
             bound
             by
             any
             thing
             that
             is
             not
             
               malum
               in
               se
               jure
               gentium
            
             ,
             1.
             10.
             10
          
           
             Yet
             obliged
             to
             the
             formalities
             of
             Law
             ,
             1.
             10.
             11
          
           
             He
             may
             have
             Soveraign
             Jurisdiction
             over
             his
             Family
             by
             the
             concession
             of
             him
             with
             whom
             he
             resides
             ,
             1.
             10.
             12
          
           
             His
             Goods
             and
             Moveables
             cannot
             be
             seized
             on
             for
             any
             Civil
             matter
             ,
             1.
             10.
             13
          
           
             Ambassadors
             of
             Venice
             cannot
             receive
             any
             Present
             or
             preferment
             from
             any
             Forraign
             Prince
             or
             State.
             1.
             10.
             16
          
           
             Bailio
             at
             Venice
             is
             the
             Ambassador
             for
             that
             Republique
             ,
             1.
             10.
             6
          
        
         
           
           
             Anchors
             .
          
           
             Anchors
             may
             be
             placed
             for
             conveniency
             against
             the
             Owners
             will
             in
             other
             places
             .
             2.
             9.
             7
          
           
             Not
             fastning
             of
             Buoyes
             to
             them
             ,
             punishable
             ,
             2.
             7.
             7
          
        
         
           
             Appeal
             .
          
           
             Appeal
             lyes
             from
             the
             Commissioners
             of
             Assurances
             to
             the
             Lord
             Keeper
             ,
             2.
             7.
             16
          
        
         
           
             Assurance
             .
          
           
             Assurances
             private
             and
             publique
             are
             both
             alike
             as
             in
             reference
             to
             the
             obtaining
             satisfaction
             ,
             2.
             7.
             1
             ,
             2
             ,
             3
          
           
             May
             be
             made
             on
             Ships
             or
             other
             things
             as
             well
             as
             Merchandize
             ,
             2.
             7.
             4
          
           
             Assurors
             are
             discharged
             upon
             the
             alteration
             of
             the
             property
             .
             2.
             7.
             13
          
           
             They
             are
             not
             to
             answer
             for
             a
             detriment
             that
             was
             occasioned
             purely
             by
             the
             Laders
             means
             .
             2.
             7.
             15
          
        
         
           
             Attachment
             .
          
           
             Attachment
             of
             the
             Lading
             cannot
             be
             made
             in
             the
             Masters
             hand
             ,
             2.
             3
             18
          
        
         
           
             Attaint
             .
          
           
             The
             Law
             takes
             notice
             of
             the
             person
             Subject
             ,
             but
             of
             an
             Alien
             
               è
               cont
               '
            
             3
             2.
             2
          
           
             No
             corruption
             of
             blood
             upon
             an
             A●…tainder
             of
             Pyracy
             .
             1.
             4.
             23
             ,
             26
          
        
         
           
             Barretry
             .
          
           
             BArretry
             of
             the
             Mar●…iners
             ,
             who
             shall
             be
             responsible
             for
             the
             same
             .
             2.
             3.
             13
          
        
         
           
             Battel
             .
          
           
             Goods
             or
             Ships
             gain'd
             therein
             ,
             where
             the
             Owners
             are
             divested
             of
             their
             property
             .
             1.
             1.
             7
          
           
             But
             regain'd
             by
             a
             Ship
             of
             Warr
             ,
             the
             Property
             is
             preserved
             1.
             1.
             9
          
        
         
           
             Blanks
             .
          
           
             Filling
             them
             up
             against
             Law
             ,
             2.
             10.
             27
          
        
         
           
             Boats.
             
          
           
             Ship
             Boat
             not
             forfeited
             by
             the
             Pyracy
             of
             the
             Ship.
             2.
             1.
             8
          
           
             The
             Duty
             of
             Boats
             and
             all
             other
             small
             Vessels
             in
             time
             of
             Warr
             and
             in
             Battail
             .
             1.
             14.
             24
          
        
         
           
             Bottomery
             .
          
           
             From
             whence
             so
             called
             ,
             2.
             11.
             12
          
        
         
           
             Buoyes
             .
          
           
             Not
             putting
             them
             to
             Anchors
             subject
             the
             Master
             to
             punishment
             ,
             
             and
             answer
             the
             damage
             .
             2.
             9.
             7
          
        
         
           
             Bulk
             .
          
           
             When
             the
             same
             may
             be
             broke
             ,
             2.
             15.
             1
          
        
         
           
             Butlerage
             .
          
           
             What
             ,
             and
             when
             payable
             .
             2.
             8.
             8
          
        
         
           
             Canon
             .
          
           
             CAnon
             designed
             for
             the
             Relief
             of
             a
             City
             or
             Fleet
             ,
             cannot
             in
             a
             Storm
             be
             flung
             over-board
             ,
             2.
             6.
             15
          
        
         
           
             Captives
             .
          
           
             Where
             they
             may
             be
             justly
             kill'd
             ,
             1.
             14.
             12
          
           
             How
             that
             power
             is
             governed
             ,
             1.
             14.
             17
          
           
             Where
             he
             that
             dyes
             in
             it
             is
             supposed
             to
             dye
             before
             his
             being
             taken
             ,
             3.
             1.
             2
          
           
             Children
             born
             before
             their
             being
             taken
             are
             free
             .
             3.
             1.
             2
          
           
             Captive
             General
             is
             immediately
             the
             Prince's
             Prisoner
             .
             3.
             1.
             5
          
        
         
           
             Ports
             and
             Cinque-Ports
             .
          
           
             Ports
             in
             England
             ,
             2.
             14.
             18
          
           
             Free
             of
             Prisage
             .
             2.
             8.
             10
          
           
             Members
             and
             Creeks
             ,
             What
             are
             meant
             by
             them
             ,
             2.
             14.
             7
          
           
             Within
             the
             Body
             of
             the
             County
             ,
             2.
             14.
             8
          
           
             Port
             of
             London
             its
             extent
             .
             2.
             14.
             9
          
        
         
           
             Clergy
             .
          
           
             Not
             allowable
             to
             a
             Pyrat
             for
             Pyracy
             on
             the
             High
             Sea.
             1.
             4.
             23
          
           
             But
             in
             a
             Creek
             or
             Port
             it
             is
             ,
             1.
             4.
             24
          
        
         
           
             Commanders
             .
          
           
             Their
             Duties
             in
             time
             of
             Fight
             ,
             1.
             14.
             13
          
        
         
           
             Commissions
             .
          
           
             Commissions
             awarded
             to
             enquire
             of
             Depridations
             ,
             1.
             2.
             24
          
           
             And
             to
             give
             satisfaction
             .
             2.
             4.
             28
          
           
             Commission
             for
             Warr
             in
             what
             respect
             .
             1.
             3.
             5
          
           
             Commissions
             qualifie
             the
             Caption
             ,
             1.
             4.
             14
          
        
         
           
             Communion
             .
          
           
             Communion
             of
             Pastures
             in
             our
             first
             Parents
             ,
             1.
             1.
             3
          
        
         
           
             Confederates
             .
          
           
             Differences
             amongst
             them
             how
             determined
             .
             1.
             8.
             4
          
           
             Confederates
             how
             bound
             to
             defend
             each
             other
             .
             1.
             7.
             9
          
           
             Of
             the
             Succours
             they
             are
             to
             lend
             ,
             1.
             7.
             15
          
           
             May
             ayd
             one
             another
             against
             one
             anothers
             Confederates
             ,
             1.
             7.
             16
          
        
         
           
           
             Consanguinity
             .
          
           
             The
             various
             degrees
             of
             the
             same
             ,
             3.
             2.
             8
          
           
             In
             all
             Collateral
             descents
             except
             between
             Brother
             and
             Brother
             ,
             the
             half
             blood
             does
             inherit
             ,
             but
             between
             them
             the
             half
             blood
             does
             impede
             .
             3.
             2.
             8
          
        
         
           
             Contraband
             .
          
           
             Contraband
             Goods
             ,
             where
             the
             same
             may
             be
             seized
             .
             1.
             1.
             15
          
        
         
           
             Contracts
             .
          
           
             Contracts
             between
             Princes
             though
             by
             force
             oblige
             .
             1.
             8.
             9
          
           
             Contracts
             between
             Merchant
             ,
             and
             Master
             where
             valid
             ,
             and
             where
             not
             2.
             4.
             3
             ,
             6
             ,
             7
          
           
             Contract
             is
             not
             determined
             if
             the
             Ship
             be
             taken
             by
             an
             Enemy
             ,
             and
             afterwards
             retaken
             .
             2.
             4.
             12
          
           
             Contract
             for
             Freight
             cannot
             be
             made
             with
             a
             Marriner
             .
             2.
             4.
             14
          
           
             Charter-parties
             settle
             the
             Agreement
             ,
             and
             the
             Bills
             of
             Lading
             the
             Contents
             2.
             4.
             7
          
           
             Contracts
             where
             they
             have
             their
             inception
             from
             Sealing
             .
             22.
             11.
             9
          
           
             None
             of
             the
             Ancestor
             can
             bind
             the
             person
             of
             the
             Successor
             as
             to
             point
             of
             slavery
             .
             3.
             1.
             7
          
        
         
           
             Contribution
             .
          
           
             Contribution
             for
             Moneys
             lent
             on
             Bottomery
             2.
             11.
             10
          
           
             Contribution
             ,
             the
             remainder
             of
             the
             Lading
             are
             as
             tacitly
             obliged
             to
             the
             same
             ,
             as
             for
             Freight
             .
             2.
             6.
             7
          
           
             Two
             Ships
             encounter
             anawares
             ,
             the
             Contribution
             is
             to
             be
             proportionable
             1.
             6.
             10
          
           
             Contribution
             shall
             not
             be
             made
             if
             the
             Sayls
             or
             Masts
             are
             broken
             or
             lost
             in
             the
             Storm
             ;
             but
             if
             cut
             down
             ,
             otherwise
             .
             2.
             6.
             12
          
           
             No
             Contribution
             but
             where
             the
             Ship
             arrives
             in
             safety
             .
             ibid.
             
          
           
             Contribution
             in
             cases
             of
             Necessity
             ,
             3.
             5.
             26
          
           
             Contribution
             a
             main
             Ingredient
             in
             Leagues
             ,
             and
             how
             regulated
             ,
             1.
             7.
             9
          
           
             Contribution
             cannot
             be
             had
             by
             one
             whose
             Goods
             are
             taken
             by
             Reprizal
             1.
             2.
             23
          
           
             Contribution
             where
             to
             be
             made
             for
             the
             Redemption
             of
             the
             Master
             1.
             4.
             5
          
           
             Contribution
             may
             be
             paid
             to
             both
             parties
             .
             1.
             12.
             6
             ,
             7
          
        
         
           
             Corporations
             .
          
           
             When
             introduced
             for
             Merchants
             in
             England
             3.
             5.
             2
          
           
             Of
             those
             Trading
             to
             India
             from
             England
             and
             Holland
             3.
             5.
             5
          
        
         
           
             Countermand
             .
          
           
             May
             be
             made
             by
             the
             drawer
             at
             any
             time
             before
             the
             money
             becomes
             due
             2.
             10.
             22
          
        
         
           
           
             Courts
             .
          
           
             By
             the
             Statute
             of
             H.
             8.
             
             Courts
             may
             be
             erected
             for
             the
             Tryal
             of
             Pyracy
             .
             1.
             4.
             
          
           
             Where
             the
             Admiralty
             hath
             Jurisdiction
             of
             the
             principal
             ,
             the
             Courts
             at
             Common
             Law
             will
             remit
             them
             their
             Accessory
             .
             1.
             4.
             28
          
           
             Court
             appointed
             for
             the
             Trying
             of
             Merchant
             Strangers
             Causes
             according
             to
             the
             Custome
             of
             Merchants
             2.
             12.
             fol.
             303
          
        
         
           
             Customes
             .
          
           
             Goods
             Wreck't
             pay
             no
             Customes
             ,
             2.
             13.
             11
          
           
             Customing
             Goods
             in
             another
             mans
             name
             ,
             the
             penalty
             2.
             8.
             8
          
           
             The
             King
             is
             entitled
             to
             his
             Duty
             upon
             breaking
             of
             Bulk
             .
             2.
             8.
             9
          
           
             Cannot
             be
             imposed
             without
             Act
             of
             Parliament
             1.
             12.
             1
             ,
             2
             ,
             3
          
           
             May
             be
             Fermed
             out
             2.
             12.
             3
          
           
             The
             Antiquity
             of
             Customers
             ,
             2.
             12.
             5
          
           
             Customes
             what
             is
             meant
             by
             the
             same
             2.
             12.
             6
          
           
             Of
             
               Magna
               Custuma
            
             ,
             and
             for
             what
             given
             ibid.
             
          
           
             
               Parva
               Custuma
            
             on
             what
             Considerations
             given
             2.
             12.
             7
          
           
             How
             the
             same
             is
             governed
             .
             2.
             13.
             6
             ,
             7
          
        
         
           
             C●…wards
             .
          
           
             To
             suffer
             death
             without
             mercy
             ,
             11.
             14.
             12
             ,
             15
             ,
             17
          
        
         
           
             Damage
             .
          
           
             TO
             be
             repaired
             out
             of
             his
             or
             their
             Estate
             that
             commit
             an
             Injury
             ;
             if
             not
             ,
             then
             the
             same
             becomes
             a
             National
             Debt
             ,
             1.
             2.
             12
          
        
         
           
             Denizen
             .
          
           
             The
             Issue
             born
             of
             English-man
             on
             the
             Body
             of
             a
             Forraigner
             beyond
             Seas
             ,
             is
             a
             Natural
             born
             Subject
             ,
             3.
             1.
             8
          
           
             Denization
             by
             Letters
             Patents
             of
             France
             ,
             remove
             the
             total
             disability
             ;
             but
             in
             
               England
               è
               cont
               '
            
             3.
             3.
             11
          
           
             Two
             Denizon
             Brothers
             ,
             one
             purchases
             Lands
             and
             dyes
             ,
             the
             other
             may
             inherit
             .
             3.
             3.
             11
          
           
             Not
             capable
             of
             Honour
             .
             ibid.
             
          
        
         
           
             Derelict
             .
          
           
             Cannot
             be
             of
             any
             Goods
             cast
             over-board
             to
             lighten
             the
             Ship.
             2.
             6.
             15
          
           
             Of
             places
             that
             are
             possessed
             one
             day
             ,
             and
             abandoned
             another
             ,
             make
             not
             a
             Derelict
             3.
             5.
             3
          
        
         
           
             Descrters
             .
          
           
             May
             be
             slain
             by
             any
             man
             by
             the
             Lawes
             of
             Nations
             .
             1.
             6.
             9
             ,
             12
             ,
             15
          
           
             Coward
             suffers
             death
             without
             mercy
             1.
             14.
             17
          
           
             Vide
             Der●…lict
             .
          
        
         
           
           
             Disability
             .
          
           
             Ships
             disabled
             in
             Battail
             are
             not
             to
             be
             relieved
             till
             the
             Enemy
             is
             beaten
             1.
             14.
             16
          
           
             Disability
             of
             the
             Father
             hinders
             not
             but
             one
             Brother
             may
             be
             Heir
             to
             the
             other
             3.
             2.
             8
          
           
             No
             disability
             in
             an
             Alien
             beinging
             an
             Action
             in
             
               Auter
               Droit
            
             ,
             3.
             2.
             9
          
           
             An
             Alien
             Infant
             disabled
             to
             be
             a
             Merchant
             Trader
             in
             England
             ,
             3.
             2.
             11
          
           
             Disability
             not
             cured
             in
             an
             Ancestor
             ,
             without
             actual
             naming
             them
             ,
             3.
             3.
             3
          
        
         
           
             Discipline
             .
          
           
             Orders
             must
             be
             obeyed
             ,
             and
             they
             that
             break
             them
             may
             be
             punished
             though
             the
             act
             succeeds
             well
             ,
             1.
             14.
             14
          
        
         
           
             Disclaimer
             .
          
           
             By
             the
             Predecessor
             shall
             barre
             the
             Successor
             2.
             8.
             7
          
        
         
           
             Discent
             .
          
           
             1.
             
             The
             Rules
             that
             govern
             them
             ,
             3.
             2.
             3
          
           
             2.
             
             Discents
             according
             to
             the
             
               Canon
               Law
            
             3.
             2.
             4
          
           
             Impeded
             in
             an
             Ancestor
             from
             whom
             and
             to
             whom
             will
             hinder
             the
             discerit
             ,
             3.
             2.
             5
          
        
         
           
             Disfranchise
             .
          
           
             The
             ancient
             way
             of
             compleating
             the
             same
             3.
             1.
             9
          
           
             Cannot
             now
             be
             done
             to
             a
             Freeman
             without
             lawful
             Tryal
             3.
             1
             9
          
           
             The
             various
             wayes
             now
             used
             by
             the
             Laws
             of
             England
             3.
             1.
             9
          
        
         
           
             Domi●…on
             .
          
           
             Dominion
             universal
             1
             ,
             1.
             1
          
           
             Where
             acquired
             lawfully
             by
             Warr
             ,
             1.
             1.
             7
          
           
             Division
             of
             Estates
             first
             among
             Families
             1.
             1.
             3
          
           
             Dominion
             personal
             where
             the
             same
             may
             be
             1.
             6.
             5
          
           
             Dominion
             of
             things
             began
             from
             natural
             possession
             .
             1.
             13.
             10
          
           
             Not
             founded
             in
             grace
             2.
             11.
             3
          
        
         
           
             Dower
             .
          
           
             The
             Wife
             of
             one
             in
             Exile
             may
             bring
             a
             Writ
             of
             Dower
             3.
             1.
             10
          
           
             An
             Alien
             Wife
             cannot
             have
             the
             same
             unless
             a
             Queen
             3.
             2.
             12
          
           
             A
             Jew
             born
             in
             England
             takes
             a
             Jew
             born
             in
             England
             ,
             she
             cannot
             have
             
               Dower
               .
               ibid.
            
             
          
        
         
           
             Ecclesiastical
             persons
             .
          
           
             BY
             the
             Canon
             Law
             exempt
             from
             Reprizals
             1
             2.
             16
          
           
             So
             likewise
             from
             the
             Sword
             in
             time
             of
             Warr
             ,
             1.
             14.
             18
          
        
         
           
           
             Election
             .
          
           
             Given
             to
             the
             Merchant
             to
             charge
             either
             Master
             or
             Pylot
             for
             Damage
             done
             .
             2.
             9.
             4
          
           
             The
             like
             to
             charge
             the
             Master
             or
             Owners
             ibid.
             
          
        
         
           
             Embargo
             .
          
           
             Embargo
             when
             by
             the
             Lawes
             of
             England
             ,
             1.
             1.
             11
          
           
             Goods
             of
             a
             Friend
             in
             the
             hands
             of
             an
             Enemy
             not
             subject
             to
             an
             Embargo
             1.
             1.
             12
          
           
             Goods
             laid
             aboard
             are
             Embargo'd
             ,
             yet
             Freight
             shall
             be
             paid
             2.
             1.
             12
          
        
         
           
             Enemy
             .
          
           
             Goods
             taken
             from
             them
             become
             the
             Captors
             1.
             13.
             10
          
           
             Enemies
             Goods
             and
             Merchandize
             taken
             by
             them
             ,
             and
             afterwards
             retaken
             ,
             alters
             the
             property
             1.
             1.
             7
          
           
             Enemies
             what
             is
             lawful
             to
             do
             against
             them
             1.
             1.
             9
          
           
             If
             taken
             in
             the
             Realm
             are
             to
             be
             tryed
             by
             Martial
             Law
             3.
             4.
             6
          
           
             To
             relieve
             him
             by
             a
             Souldier
             in
             pay
             punished
             with
             death
             1.
             13.
             8
          
        
         
           
             England
             .
          
           
             None
             could
             Trade
             thither
             without
             leave
             1.
             5.
             7
          
           
             English
             no
             Nation
             n●…re
             tender
             of
             their
             honour
             1.
             5.
             9
          
        
         
           
             Exchange
             .
          
           
             Exchanges
             the
             various
             sorts
             .
             2.
             10.
             4
          
           
             Bills
             on
             the
             same
             are
             to
             be
             governed
             by
             Custome
             2.
             10.
             14
          
           
             What
             amounts
             to
             an
             acceptance
             ,
             2.
             10.
             15
          
           
             Once
             accepted
             not
             to
             be
             revoked
             ,
             2.
             10.
             28
          
           
             Accepted
             for
             the
             honour
             of
             the
             drawer
             ,
             ibid.
             
          
        
         
           
             Executor
             .
          
           
             Executor
             of
             a
             Forraigner
             shall
             not
             have
             the
             benefit
             of
             being
             discharged
             of
             Prisage
             ,
             though
             he
             is
             a
             Citizen
             of
             London
             2.
             8.
             5
          
        
         
           
             Exile
             .
          
           
             The
             various
             wayes
             of
             banishing
             a
             Subject
             .
             3.
             1.
             9
          
           
             What
             a
             man
             forfeits
             by
             the
             same
             ,
             3.
             1.
             10
          
           
             Exile
             of
             the
             Father
             binders
             not
             the
             Freedom
             of
             the
             Son.
             ibid.
             
          
        
         
           
             Factor
             .
          
           
             FActor
             Enemy
             ,
             the
             Goods
             of
             a
             Friend
             in
             his
             possession
             not
             subject
             to
             an
             Embarge
             1.
             1.
             12
          
           
             Factor
             contracts
             for
             another
             Port
             ,
             and
             before
             departure
             the
             Ship
             takes
             fire
             ,
             the
             Assurors
             are
             discharged
             2.
             7.
             13
          
           
             Factor
             super
             Cargo
             cannot
             alter
             the
             Voyage
             agreed
             on
             without
             special
             Commission
             2.
             4.
             5
          
           
             Factor
             super
             Cargo
             ought
             to
             be
             consulted
             with
             before
             there
             be
             a
             
             casting
             over-board
             2.
             6.
             1
          
           
             He
             ought
             to
             give
             notice
             if
             there
             be
             any
             Plate
             or
             Jewels
             in
             Boxes
             or
             Trunks
             2.
             6.
             15
          
           
             Factor
             Enemy
             the
             Goods
             in
             his
             possession
             not
             subject
             to
             Reprize
             ,
             1.
             1.
             12
          
           
             Cannot
             give
             time
             3.
             7.
             3
          
           
             Principal
             ,
             where
             obliged
             by
             his
             act
             ,
             and
             where
             not
             3.
             7.
             4
          
        
         
           
             Feés
             .
          
           
             To
             the
             Officers
             of
             the
             Custome-house
             how
             governed
             2.
             13.
             12
          
        
         
           
             Felony
             .
          
           
             The
             wilful
             casting
             away
             of
             a
             Ship
             by
             a
             Master
             that
             had
             taken
             up
             Moneys
             on
             Bottomery
             2.
             11.
             11
          
           
             Stealing
             of
             Cables
             or
             any
             of
             the
             Ships
             Furniture
             belonging
             to
             the
             King
             ,
             punished
             as
             Felons
             1.
             14.
             11
          
           
             Stealing
             of
             men
             at
             Sea
             ,
             Felony
             .
             1.
             4.
             15
          
        
         
           
             Fishermen
             .
          
           
             Fishermen
             ought
             not
             to
             Fish
             in
             the
             Night
             with
             Lanthorns
             or
             Lights
             ,
             2.
             5.
             2
          
        
         
           
             Flagg
             .
          
           
             But
             a
             consecutive
             acknowledgment
             of
             the
             British
             Seas
             1.
             5.
             7
          
           
             Demanded
             peremptorily
             by
             the
             English
             ,
             and
             punished
             as
             Rebels
             if
             refused
             1.
             5.
             9
          
           
             How
             the
             same
             differs
             from
             that
             claymed
             by
             the
             French
             1.
             5.
             11
          
           
             The
             Right
             how
             far
             it
             is
             to
             be
             paid
             ,
             1.
             15.
             3
          
           
             How
             punishable
             for
             the
             neglect
             ,
             1.
             15.
             5
          
        
         
           
             Force
             .
          
           
             Used
             by
             persons
             in
             opposition
             to
             Justice
             ,
             may
             occasion
             Reprisal
             ,
             1.
             2.
             11
          
        
         
           
             Forfeiture
             .
          
           
             The
             Forfeiture
             of
             Ships
             drawes
             not
             the
             loss
             of
             the
             Boat
             2.
             1.
             8
          
        
         
           
             Forraigners
             .
          
           
             Have
             a
             Right
             to
             compell
             where
             Justice
             is
             denyed
             in
             the
             ordinary
             way
             ,
             which
             Subjects
             have
             not
             ,
             1.
             1.
             9
          
           
             Forraigners
             Robb'd
             at
             Sea
             have
             a
             right
             to
             prosecute
             within
             the
             Stat
             ▪
             of
             28
             H.
             8.
             1.
             4.
             7
          
           
             So
             for
             the
             like
             offence
             to
             be
             punished
             by
             the
             Statute
             of
             25
             F.
             3.
             1.
             4.
             8
          
           
             Forraigners
             in
             enmity
             together
             with
             some
             English
             commit
             Pyracy
             ,
             how
             punishable
             1.
             4.
             9
          
           
             Forraigners
             committing
             Pyracy
             on
             the
             British
             Seas
             ,
             punishable
             by
             the
             Crown
             of
             England
             ,
             and
             not
             elsewhere
             .
             1.
             4.
             10
          
           
             Vide
             Aliens
             .
          
        
         
           
             Fraud
             .
          
           
             Fraud
             and
             Covinous
             Assurance
             is
             void
             2.
             7.
             5.
             15
          
        
         
           
           
             Freéman
             .
          
           
             How
             many
             wayes
             he
             may
             be
             made
             of
             City
             or
             Burrough
             .
             3.
             1.
             11
          
           
             What
             makes
             a
             compleat
             
               Freeman
               ,
               ibid.
            
             
          
        
         
           
             Freight
             .
          
           
             Freight
             where
             the
             same
             may
             be
             refused
             by
             the
             Master
             ,
             and
             where
             not
             2.
             4.
             15
          
           
             Freight
             is
             the
             Mother
             of
             Wages
             ,
             so
             likewise
             the
             Father
             of
             Damage
             2.
             1.
             9
          
           
             It
             is
             governed
             by
             the
             Contract
             ,
             2.
             4.
             2
          
           
             It
             shall
             be
             paid
             though
             the
             Ship
             proceeds
             not
             her
             Voyage
             ,
             if
             once
             she
             laded
             2.
             4.
             4
          
           
             Freight
             becomes
             due
             though
             there
             be
             a
             failer
             of
             compleating
             the
             Voyage
             according
             to
             the
             time
             agreed
             on
             2.
             4.
             5
          
           
             Freight
             not
             due
             if
             the
             Vessel
             is
             Robb'd
             2.
             4.
             6
          
           
             Out
             and
             in
             not
             due
             till
             the
             whole
             Voyage
             be
             compleated
             .
             2.
             4.
             8
          
           
             If
             any
             fault
             arises
             from
             the
             Freighter
             ,
             he
             shall
             answer
             .
             ibid.
             
          
        
         
           
             Fugitives
             .
          
           
             Fugitives
             ,
             the
             houses
             of
             Ambassadors
             are
             Sanctuaries
             for
             them
             ,
             1.
             10.
             12
          
           
             Whether
             they
             may
             be
             delivered
             up
             flying
             into
             another
             Countrey
             ,
             1.
             11.
             3
          
           
             Persons
             that
             have
             wronged
             Kings
             of
             their
             Revenue
             ,
             have
             been
             delivered
             up
             when
             they
             become
             Fugitives
             1.
             11.
             7
          
           
             Are
             received
             by
             the
             Laws
             of
             Warr
             ,
             1.
             14.
             20
          
        
         
           
             Generals
             .
          
           
             GOod
             Generals
             ,
             one
             of
             the
             greatest
             of
             happinesses
             that
             can
             come
             to
             a
             Prince
             ,
             1.
             13.
             1
          
           
             Such
             are
             followed
             to
             death
             by
             the
             Army
             ibid.
             
          
           
             Not
             to
             be
             slighted
             ,
             and
             of
             the
             Cruelty
             shewed
             to
             Belisarius
             1.
             13.
             3
          
           
             When
             taken
             in
             Battail
             they
             are
             not
             the
             Captors
             but
             that
             Princes
             or
             States
             by
             whose
             Subject
             they
             were
             taken
             .
             3.
             1.
             5
          
        
         
           
             Goods
             .
          
           
             When
             the
             property
             of
             the
             same
             is
             altered
             by
             the
             Lawes
             of
             Arms
             ,
             1.
             1.
             7
          
           
             Of
             a
             Friend
             in
             the
             custody
             of
             an
             Enemy
             not
             subject
             to
             Reprize
             ,
             1.
             1.
             12
          
           
             Goods
             counterband
             where
             the
             same
             may
             be
             subject
             to
             reprize
             ,
             1.
             1.
             15
          
           
             Of
             an
             Enemy
             may
             as
             well
             be
             spoyl'd
             as
             taken
             1.
             3.
             1
          
           
             What
             may
             be
             made
             Prize
             ,
             and
             what
             not
             1.
             3.
             11
             ,
             12
          
           
             Goods
             secretly
             brought
             a
             shipboard
             ,
             if
             lost
             oblige
             not
             the
             Master
             ,
             2.
             1.
             17
          
           
             
             But
             if
             secretly
             brought
             in
             by
             the
             Master
             after
             a
             Ship
             is
             Freighted
             ,
             if
             damage
             happens
             to
             the
             rest
             he
             shall
             answer
             ;
             nor
             can
             those
             goods
             if
             cast
             over-board
             be
             subject
             to
             an
             Averidge
             2.
             4.
             9
          
           
             Goods
             on
             a
             mans
             Body
             not
             subject
             to
             an
             Averidge
             2.
             6.
             4
          
           
             Goods
             how
             estimated
             for
             the
             setling
             an
             Averidge
             .
             2.
             6.
             14
          
           
             Exported
             what
             allowances
             to
             be
             made
             2.
             3.
             2
             ,
             5
          
        
         
           
             Habitation
             .
          
           
             IN
             time
             of
             Fire
             or
             Warr
             may
             be
             pulled
             down
             1.
             1.
             4
          
           
             Habitation
             or
             Domicil
             and
             not
             Originatirn
             or
             Nativity
             that
             subject
             men
             to
             Reprizal
             1.
             2.
             14
          
        
         
           
             Havens
             .
          
           
             The
             same
             ought
             to
             be
             kept
             in
             peace
             1.
             1.
             10
          
        
         
           
             Hostages
             .
          
           
             He
             that
             gives
             them
             is
             freed
             from
             his
             faith
             1.
             8.
             6
          
           
             Are
             not
             to
             be
             slain
             generally
             ;
             may
             be
             put
             to
             death
             if
             the
             Contract
             be
             broke
             .
             1.
             14.
             18
          
        
         
           
             Impiety
             .
          
           
             IMpiety
             punished
             a
             Shipboard
             ,
             1.
             13.
             4
          
        
         
           
             Incertainty
             .
          
           
             Of
             the
             Port
             ,
             as
             if
             a
             blanck
             is
             left
             in
             the
             policy
             ,
             if
             a
             loss
             happens
             ,
             the
             parties
             are
             without
             remedy
             ,
             2.
             7.
             14
          
        
         
           
             Indictment
             .
          
           
             For
             Pyracy
             upon
             the
             Statute
             ,
             must
             mention
             the
             same
             to
             be
             done
             at
             Sea
             1.
             4.
             23
          
        
         
           
             Indiction
             .
          
           
             If
             necessary
             1.
             1.
             11
          
        
         
           
             Infidel
             .
          
           
             Cannot
             be
             a
             witness
             ,
             yet
             may
             bring
             an
             Action
             3.
             4.
             7
          
        
         
           
             Innocent
             .
          
           
             Whether
             such
             a
             person
             may
             be
             deserted
             to
             prevent
             a
             Warr
             1.
             11.
             5
          
           
             How
             obliged
             to
             render
             up
             himself
             ,
             1.
             11.
             7
          
        
         
           
             Interpellation
             .
          
           
             Interpellation
             having
             gone
             and
             no
             satisfaction
             returned
             ,
             whether
             Warr
             may
             be
             begun
             1.
             1.
             14
          
        
         
           
             Joynt-Traders
             ,
             Vide
             Societieg
             .
          
           
             Joynt-Traders
             ,
             the
             acceptance
             of
             
             a
             Bill
             by
             one
             will
             bind
             the
             other
             ,
             2.
             10.
             18
          
           
             But
             accepted
             by
             one
             Member
             of
             a
             Company
             it
             cannot
             oblige
             another
          
        
         
           
             Justice
             .
          
           
             Stopt
             ,
             and
             Judges
             not
             able
             to
             protect
             men
             from
             Violence
             ,
             denotes
             Warr
             1.
             1.
             6
          
           
             Denyed
             or
             delayed
             in
             the
             ordinary
             course
             to
             a
             Forraigner
             gives
             right
             of
             Reprizal
             1.
             2.
             9
             ,
             11
          
           
             In
             matters
             doubtful
             the
             presumption
             is
             alwayes
             for
             the
             Judge
             ,
             1.
             2.
             10
          
        
         
           
             King.
             
          
           
             KIng's
             Standard
             appearing
             in
             the
             Field
             denotes
             a
             Warr
             ,
             1.
             1.
             6
          
           
             King
             not
             entitled
             to
             the
             Copyhold
             Land
             of
             an
             Alien
             3.
             2.
             11
          
        
         
           
             Law.
             
          
           
             OF
             Nature
             ,
             what
             thing
             may
             be
             acquired
             in
             Warr
             by
             the
             same
             ,
             and
             also
             by
             the
             Lawes
             of
             Nations
             1.
             1.
             6
          
           
             
               Law
               Civil
            
             cannot
             command
             any
             thing
             that
             the
             
               Lawes
               of
               Nations
            
             forbids
             1.
             6.
             1
          
           
             
               Lawes
               of
               Nations
            
             broken
             by
             an
             Ambassadour
             subjects
             him
             to
             punishment
             1.
             10.
             5
          
           
             Judgments
             how
             executed
             by
             the
             Lawes
             of
             Nations
             3.
             8.
             8
          
        
         
           
             Larceny
             .
          
           
             Where
             the
             same
             may
             be
             in
             a
             Master
             ,
             1.
             4.
             16
          
        
         
           
             Leagues
             .
          
           
             Leagues
             made
             with
             Princes
             though
             they
             have
             lost
             their
             Kingdome
             ,
             remain
             1.
             7.
             18
          
           
             Leagues
             remain
             though
             the
             Republique
             is
             changed
             into
             a
             Monarchy
             1.
             7.
             17
          
           
             Leagues
             the
             Oath
             binds
             the
             person
             ,
             and
             the
             Promise
             the
             Successor
             ,
             ibid.
             
          
           
             Leagues
             confirmed
             in
             England
             by
             Parliament
             ,
             and
             are
             often
             Offensive
             1
             7.
             7
          
           
             The
             cause
             ordinary
             for
             which
             they
             are
             made
             1.
             7.
             8
          
           
             Defensive
             Leagues
          
           
             Leagues
             how
             Ratified
             .
             1.
             7.
             12
          
           
             How
             broken
             ,
             and
             the
             
               ordinary
               cause
            
             .
             1.
             7.
             13
             ,
             14
          
           
             How
             to
             be
             interpreted
             1.
             8.
             6
          
        
         
           
             Loadmanage
             .
          
           
             What.
             2.
             7.
             7
          
        
         
           
             London
             .
          
           
             Discharged
             of
             Prisage
             2
             8.
             3
          
           
             The
             Extent
             of
             the
             Port
             3.
             14.
             9
          
           
             Keyes
             and
             Places
             lawful
             for
             landing
             
             in
             the
             same
             2.
             14.
             10
          
           
             Charter
             confirmed
             3.
             1.
             10
          
        
         
           
             Lotts
             ,
             Vide
             Mutiny
             .
          
           
        
         
           
             Manumission
             .
          
           
             WHen
             first
             introduced
             .
             3.
             1.
             8
          
           
             The
             various
             wayes
             of
             making
             Free.
             ibid
          
        
         
           
             Marriners
             and
             Fishermen
             .
          
           
             Pressed
             for
             the
             Service
             are
             not
             to
             be
             imployed
             but
             as
             Marriners
             ,
             1.
             6.
             4
          
           
             Their
             Wages
             dye
             with
             the
             Ship
             ,
             2.
             3.
             7
          
           
             Marriners
             their
             Suits
             favoured
             by
             the
             Courts
             at
             
               Common
               Law
            
             ,
             2.
             3.
             8
          
           
             May
             be
             corrected
             by
             their
             Master
             or
             Captain
             2.
             3.
             12
          
           
             Marriner
             cannot
             contract
             for
             Freight
             2.
             4.
             14
          
           
             Marriners
             what
             share
             they
             have
             in
             the
             Goods
             of
             a
             Passenger
             deceasing
             in
             the
             Voyage
             .
             2.
             4.
             11
          
           
             Marriners
             their
             faults
             and
             punishments
             1.
             13.
             4
             ,
             5
          
           
             Marriners
             a
             Shipboard
             their
             various
             Offices
             and
             Imployes
             .
             2.
             3.
             1
          
           
             Their
             faults
             how
             punished
             .
             2.
             3.
             2
          
           
             The
             mutual
             Ayd
             they
             must
             afford
             one
             another
             2.
             3.
             3
          
           
             Not
             to
             be
             arrested
             a
             Shipboard
             ,
             nor
             are
             they
             to
             depart
             thence
             when
             once
             entertained
             .
             ibid.
             
          
           
             Obliged
             to
             make
             satisfaction
             .
             2.
             3.
             4
          
        
         
           
             Masters
             of
             Ships
             .
          
           
             Where
             his
             knowledge
             of
             the
             Goods
             may
             involve
             the
             whole
             Lading
             ,
             1.
             1.
             12
          
           
             Master
             of
             a
             Ship
             hang'd
             up
             for
             attempting
             to
             relieve
             a
             place
             block'd
             up
             1.
             1.
             14
          
           
             
               Master
               of
               a
               Ship
            
             becomes
             a
             Pledge
             in
             the
             hands
             of
             Pyrats
             for
             the
             redemption
             of
             the
             Ship
             ,
             the
             same
             is
             made
             lyable
             for
             his
             redemption
             ,
             1.
             4.
             5
          
           
             Master
             brings
             Goods
             to
             a
             Port
             and
             then
             runs
             away
             with
             them
             ,
             not
             Pyracy
             1.
             4.
             16
          
           
             Master
             responsible
             for
             offences
             to
             his
             Owners
             2.
             1.
             8
          
           
             Where
             he
             may
             release
             the
             Freight
             ,
             and
             where
             not
             2.
             4.
             15
          
           
             Where
             his
             act
             obliges
             the
             Owners
             ,
             and
             where
             not
             .
             2.
             1.
             10
          
           
             Master
             hath
             no
             Property
             in
             the
             Vessel
             by
             being
             constituted
             Master
             ,
             2.
             2.
             1
          
           
             Master
             becomes
             lyable
             immediately
             by
             the
             lading
             the
             Ship
             aboard
             ,
             2.
             2.
             2
          
           
             So
             likewise
             if
             he
             receives
             them
             ,
             if
             lost
             he
             must
             answer
             ,
             2.
             2.
             3
          
           
             His
             Duty
             2.
             2.
             4
          
           
             He
             may
             borrow
             Money
             on
             the
             Ship
             ,
             2.
             2.
             14
             2.
             11.
             10
          
           
             The
             Master
             is
             obliged
             to
             the
             care
             and
             preservation
             of
             his
             Marriners
             
             2.
             3.
             2
          
           
             He
             is
             obliged
             for
             the
             Barratry
             of
             his
             Marriners
             2.
             3.
             13
          
           
             Master
             not
             lyable
             unless
             the
             Lading
             is
             brought
             aboard
             by
             his
             and
             his
             Pursers
             consent
             2.
             3.
             17
          
           
             Nor
             can
             the
             same
             be
             attached
             in
             his
             hands
             2.
             3.
             18
          
           
             If
             he
             translades
             the
             Lading
             ,
             and
             the
             Ship
             miscarry
             ,
             he
             shall
             answer
             ;
             but
             if
             both
             ,
             
               è
               cont
               '
            
             2.
             4.
             4
          
           
             Master
             to
             answer
             for
             insufficient
             Ropes
             in
             hoysting
             out
             the
             Goods
             ,
             2.
             9.
             5
          
           
             Masters
             obliged
             by
             the
             act
             of
             their
             Servants
             2.
             10.
             27
          
        
         
           
             Members
             .
          
           
             What
             is
             understood
             by
             them
             .
             2.
             14.
             7
          
        
         
           
             Merchants
             .
          
           
             Honour
             justly
             due
             to
             Merchants
             ,
             3.
             9.
             1
          
           
             The
             more
             Honourable
             the
             persons
             are
             ,
             the
             more
             reputation
             they
             bring
             to
             their
             Country
             .
             3.
             6.
             2
          
           
             All
             Nations
             professing
             the
             same
             ,
             may
             freely
             Traffique
             for
             England
             2.
             12.
             1
          
           
             Merchants
             Strangers
             their
             Immunities
             granted
             2.
             12.
             9
          
           
             An
             Alien
             Infant
             cannot
             be
             a
             Merchant
             Trader
             in
             England
             ,
             nor
             can
             be
             enter
             Goods
             in
             his
             own
             name
             ,
             3.
             2.
             11
          
           
             No
             survivor
             amongst
             
               Joynt
               Merchants
            
             3.
             6.
             14
          
           
             May
             depart
             without
             leave
             3.
             6.
             15
          
        
         
           
             Money
             .
          
           
             Is
             the
             civil
             measure
             of
             things
             ,
             2.
             11.
             5
          
           
             Its
             necessity
             in
             Society
             2.
             11.
             6
             ,
             7
          
           
             Advanced
             on
             a
             contingency
             is
             no
             Usury
             2.
             11.
             13
             ,
             14
          
        
         
           
             Mutiny
             .
          
           
             To
             be
             punished
             with
             death
             ,
             how
             the
             same
             is
             to
             be
             governed
             in
             such
             extremity
             1.
             14.
             17
          
           
             Not
             to
             Mutiny
             if
             the
             Victuals
             are
             naught
             1.
             14.
             23
          
           
             They
             may
             be
             Executed
             immediately
             1.
             14.
             26
          
        
         
           
             Naturalization
             .
          
           
             CAnnot
             be
             in
             England
             without
             Act
             of
             Parliament
             3.
             3.
             2
          
           
             It
             removes
             all
             the
             disability
             or
             incapacity
             in
             the
             Ancestor
             .
             3.
             3.
             3
          
           
             Naturalized
             in
             Ireland
             operates
             not
             in
             England
             ;
             but
             in
             Scotland
             otherwise
             .
             3.
             3.
             4
          
        
         
           
             Necessity
             .
          
           
             The
             Master
             may
             translade
             without
             Commission
             2.
             4.
             4
          
           
             Necessity
             is
             excepted
             out
             of
             the
             Law
             of
             Dominion
             1.
             1.
             4
          
           
             Ships
             in
             Necessity
             may
             take
             things
             necessary
             from
             another
             by
             force
             of
             Arms
             1.
             4.
             18
          
           
             The
             right
             of
             Nature
             in
             such
             extremity
             
             where
             let
             in
             .
             3.
             5.
             5
          
           
             In
             such
             Exigencies
             how
             written
             Lawes
             are
             to
             be
             interpreted
             ,
             3.
             5.
             7
          
        
         
           
             Neutrality
             .
          
           
             Neuters
             how
             they
             ought
             to
             carry
             themselves
             in
             Warr
             1.
             1.
             14
          
           
             Neuters
             their
             Ships
             in
             the
             Ports
             of
             the
             warring
             Parties
             ,
             whether
             being
             forced
             to
             fight
             ,
             is
             a
             breach
             of
             the
             League
             1.
             1.
             15
          
           
             Neutrality
             what
             and
             how
             made
             ,
             1.
             9.
             6
          
           
             The
             advantage
             of
             the
             same
             1.
             9.
             7
          
           
             Neuter
             neither
             purchases
             Friends
             ,
             nor
             frees
             himself
             from
             Enemies
             .
             1.
             9.
             7
          
           
             It
             works
             no
             wrong
             ,
             ibid.
             
          
           
             If
             prest
             ,
             for
             whom
             must
             he
             declare
             ,
             1.
             9.
             8
          
        
         
           
             Oath
             .
          
           
             HE
             that
             gives
             it
             to
             Pyrat
             is
             bound
             to
             the
             performance
             ,
             1.
             2.
             6
          
           
             Oath
             may
             be
             administred
             by
             the
             Judge
             Advocate
             1.
             14.
             27
          
        
         
           
             Office.
             
          
           
             King
             not
             entitled
             to
             the
             Lands
             of
             an
             Alien
             till
             Office
             found
             ;
             but
             in
             Treason
             
               è
               cont
               '
            
             3.
             2.
             10
          
        
         
           
             Officer
             .
          
           
             Quarrelling
             with
             how
             punished
             ;
             if
             struck
             ,
             the
             party
             offending
             suffers
             death
             1.
             14.
             22
          
        
         
           
             Owners
             .
          
           
             Owners
             may
             Freight
             out
             their
             Ship
             against
             the
             consent
             of
             each
             other
             ,
             2.
             1.
             2
          
           
             Cannot
             be
             obliged
             to
             continue
             Partnership
             2.
             1.
             3
          
           
             The
             Master
             is
             obligeable
             by
             them
             ,
             2.
             1.
             4
          
           
             Not
             obliged
             to
             joyn
             in
             an
             Action
             ,
             2.
             1.
             5
          
           
             Property
             of
             the
             Ship
             followes
             the
             Owners
             of
             the
             Materials
             ,
             not
             of
             the
             Builders
             ,
             if
             it
             be
             built
             all
             with
             their
             Goods
             2.
             1.
             7
          
        
         
           
             Package
             .
          
           
             ON
             what
             the
             same
             is
             to
             be
             paid
             ,
             and
             what
             Packers
             are
             to
             take
             2.
             13.
             4
          
        
         
           
             Pardon
             .
          
           
             Of
             Felonies
             extends
             not
             to
             Pyracy
             ,
             1.
             4.
             23
             ,
             25
          
        
         
           
           
             Petty
             Averidge
             .
          
           
             When
             due
             2.
             2.
             6
          
        
         
           
             Planters
             .
          
           
             Of
             the
             Right
             of
             Planting
             3.
             5.
             2
             ,
             3
          
           
             Where
             they
             may
             dispose
             of
             the
             same
             by
             Will
             3.
             5.
             4
          
        
         
           
             Plunder
             .
          
           
             Souldiers
             so
             doing
             may
             be
             slain
             by
             any
             man
             whom
             they
             shall
             attempt
             1.
             6.
             10
          
        
         
           
             Ports
             .
          
           
             What
             ,
             2.
             14.
             7
          
           
             Within
             the
             Body
             of
             the
             County
             ,
             1.
             4.
             23
          
           
             Robbery
             committed
             in
             them
             not
             Pyracy
             ibid.
             
          
           
             Ports
             of
             Nations
             in
             Amity
             may
             deliver
             Ships
             brought
             in
             there
             by
             an
             Enemy
             1.
             1.
             9
          
           
             Neuter
             Ports
             ,
             the
             peace
             of
             them
             ought
             to
             be
             preserved
             1.
             2.
             17
             1.
             1.
             10
             1.
             3.
             7
          
           
             Ports
             not
             to
             be
             visited
             after
             a
             Warr
             begun
             by
             an
             Enemy
             1.
             3.
             11
          
           
             Ships
             driven
             in
             by
             Stress
             of
             weather
             not
             subject
             to
             reprize
             1.
             2.
             1
          
           
             Peace
             of
             them
             ought
             to
             be
             kept
             ,
             1.
             5.
             14
          
        
         
           
             Possession
             .
          
           
             The
             highest
             Title
             that
             men
             can
             pretend
             to
             what
             they
             enjoy
             3.
             5.
             1
          
           
             Yielded
             without
             fighting
             to
             be
             used
             civilly
             1.
             14.
             12
          
           
             Prize
             Ships
             may
             not
             alwayes
             be
             possest
             1.
             13.
             10
          
           
             Possession
             of
             a
             Ship
             creates
             no
             Title
             2.
             1.
             11
          
        
         
           
             Poundage
             .
          
           
             What
             ,
             and
             how
             the
             same
             may
             be
             levied
             2.
             11.
             10
          
        
         
           
             Prerogative
             .
          
           
             The
             King
             hath
             to
             dig
             in
             any
             mans
             ground
             for
             Salt-Petre
             1.
             1.
             4
          
        
         
           
             Prescription
             .
          
           
             It
             s
             uncertain
             beginning
             1
             15.
             14
             ,
             15
          
           
             Depends
             not
             on
             the
             Corporeal
             but
             Civil
             possession
             1.
             5.
             13
          
           
             Availes
             not
             in
             things
             that
             have
             been
             stolne
             1.
             4.
             20
          
        
         
           
             Prest
             .
          
           
             The
             punishment
             of
             those
             that
             run
             away
             1.
             6.
             7
          
           
             
               Vide
               Marriners
            
             .
          
        
         
           
             Primage
             .
          
           
             When
             payable
             2.
             9.
             4
          
        
         
           
             Princes
             .
          
           
             Responsible
             for
             Injuries
             publique
             ,
             and
             in
             prudence
             ought
             to
             redress
             
             Injuries
             private
             ,
             especially
             to
             Forraigners
             1.
             2.
             8
          
           
             Responsible
             by
             the
             Lawes
             of
             Nature
             for
             the
             neglect
             of
             suppressing
             Pyrats
             1.
             4.
             2
          
           
             Not
             bound
             to
             Treat
             personally
             with
             Ambassadours
             ,
             1.
             7.
             4
          
           
             The
             death
             of
             one
             determines
             not
             the
             Alliance
             1.
             7.
             6
          
           
             Their
             wisdome
             is
             to
             be
             considered
             in
             Leagues
             1.
             7.
             9
          
           
             Are
             not
             to
             examine
             one
             anothers
             others
             Title
             ,
             but
             it
             's
             enough
             they
             are
             in
             possession
             1.
             7.
             18
          
           
             Though
             driven
             out
             of
             their
             Country
             ,
             may
             consent
             that
             Commerce
             shall
             be
             forbidden
             to
             his
             Subjects
             1.
             9.
             4
          
           
             The
             declared
             will
             of
             them
             cannot
             make
             all
             those
             of
             our
             Acts
             Sins
             ,
             1.
             12.
             8
          
           
             Nor
             can
             their
             Interdiction
             if
             disobeyed
             when
             their
             Subjects
             are
             possessed
             by
             their
             Enemy
             ,
             create
             an
             offence
             ibid.
             
          
           
             One
             of
             their
             Chiefest
             happinesses
             is
             a
             good
             General
             1.
             13.
             1
          
           
             How
             they
             govern
             themselves
             in
             Treaties
             1.
             7.
             1
             ,
             23
          
           
             Bound
             to
             render
             Honour
             to
             their
             Equal
             ibid.
             
          
        
         
           
             Peace
             .
          
           
             Ought
             to
             be
             purchas
             't
             at
             any
             rate
             ,
             and
             to
             be
             maintained
             with
             the
             greatest
             Faith.
             1.
             15.
             18
          
        
         
           
             Prescription
             .
          
           
             Silences
             all
             Tribunals
             ,
             though
             its
             Inception
             is
             not
             known
             1.
             15.
             14
          
           
             It's
             necessary
             to
             have
             the
             force
             of
             Right
             1.
             15.
             15
          
        
         
           
             Prisage
             .
          
           
             Not
             grantable
             away
             without
             Act
             of
             of
             Parliament
             2.
             8.
             1
          
           
             Not
             due
             till
             breaking
             of
             Bulk
             2.
             8.
             3
          
           
             Prisage
             becomes
             due
             if
             the
             property
             be
             changed
             though
             the
             Goods
             are
             not
             landed
             2.
             8.
             6
          
        
         
           
             Priviledge
             .
          
           
             The
             Hanse
             Towns
             had
             several
             ,
             and
             when
             they
             determined
             ,
             and
             upon
             what
             occasion
             2.
             12.
             1●…
          
           
             
               Charta
               Mercatoria
            
             on
             what
             Considerations
             the
             same
             was
             granted
             .
             2.
             12.
             7
          
        
         
           
             Prize
             .
          
           
             Prize
             the
             10th
             part
             justly
             due
             to
             the
             Admiral
             1.
             1.
             9
          
           
             Equally
             divided
             amongst
             the
             Captors
             1.
             2.
             20
          
           
             Prize
             Ships
             their
             Papers
             are
             to
             be
             preserved
             1.
             13.
             9
          
           
             May
             not
             alwayes
             be
             possest
             1.
             13.
             10
          
        
         
           
             Proclamation
             .
          
           
             Whether
             necessary
             before
             a
             Warr
             ,
             1.
             1.
             14
          
           
             Having
             passed
             ,
             where
             the
             Goods
             of
             Friends
             may
             become
             Prize
             ,
             ibid.
             
          
        
         
           
           
             Prohibition
             .
          
           
             Goods
             prohibited
             may
             subject
             the
             Vessel
             to
             a
             Forfeiture
             2.
             2.
             17
          
        
         
           
             Property
             .
          
           
             When
             first
             introduced
             1.
             1.
             3
          
           
             Where
             the
             Property
             of
             the
             Vessel
             followes
             the
             Owners
             of
             the
             Materials
             2.
             1.
             7
          
           
             The
             property
             of
             the
             Ship
             and
             Goods
             of
             a
             Pyrats
             becomes
             his
             that
             takes
             them
             1.
             4.
             11
             ,
             19
          
           
             
               Legalis
               Captio
            
             ,
             difference
             between
             that
             and
             Spoliatio
             ,
             as
             in
             reference
             to
             the
             changing
             of
             property
             1.
             1.
             9
          
           
             Cannot
             be
             questioned
             but
             by
             the
             Common
             Law
             1.
             10.
             11
          
           
             Can
             be
             questioned
             in
             the
             Admiralty
             ,
             if
             before
             sale
             the
             Ship
             was
             sold
             
               bona
               fide
            
             2.
             1.
             9
          
           
             Property
             of
             Goods
             altered
             by
             being
             taken
             and
             retaken
             in
             Warr
             ,
             1.
             4.
             19
          
           
             Property
             of
             Goods
             taken
             by
             Pyracy
             ,
             altered
             by
             sale
             in
             a
             Market
             Overt
             1.
             4.
             21
          
        
         
           
             Protection
             .
          
           
             The
             true
             Ensign
             of
             Liberty
             1.
             5.
             2
          
           
             What
             and
             by
             whom
             accepted
             ,
             1.
             8.
             2
          
        
         
           
             Protest
             .
          
           
             Subjects
             every
             of
             the
             Drawers
             that
             subscribed
             to
             answer
             the
             summe
             drawn
             2.
             10
             16
          
           
             Protest
             the
             use
             and
             meaning
             of
             the
             same
             2.
             10.
             31
          
        
         
           
             Pylott
             .
          
           
             When
             he
             is
             discharged
             of
             his
             Duty
             ,
             and
             how
             obliged
             to
             answer
             for
             negligence
             or
             wilfulnesse
             ,
             2.
             9.
             1
             ,
             2
             ,
             3
          
        
         
           
             Pyrats
             .
          
           
             What
             1.
             4.
             1
          
           
             Improperly
             called
             Enemies
             ,
             yet
             hold
             an
             equality
             1.
             4.
             3
          
           
             Are
             not
             to
             have
             succour
             1.
             4.
             4
          
           
             Overcome
             in
             the
             Ocean
             may
             be
             immediately
             executed
             by
             the
             Lawes
             of
             Nature
             1.
             4.
             11
          
           
             Or
             ▪
             brought
             to
             a
             Port
             and
             the
             Judges
             refuse
             or
             the
             Captors
             cannot
             stay
             without
             prejudice
             ,
             may
             be
             executed
             1.
             4.
             11
          
           
             Pyrats
             onely
             questionable
             properly
             in
             that
             Country
             where
             the
             Ship
             is
             carried
             1.
             4.
             14
          
        
         
           
             Quarter
             .
          
           
             NOt
             to
             be
             given
             to
             persons
             taken
             in
             Fire-Ships
             1
             14.
             12
          
           
             To
             demand
             it
             not
             repugnant
             to
             the
             Oath
             called
             
               Sacramentum
               Militare
            
             1.
             14.
             13
          
        
         
           
           
             Rebellion
             .
          
           
             IN
             those
             that
             shall
             not
             strike
             to
             the
             King
             of
             England's
             Flagg
             ,
             1.
             5.
             8
          
        
         
           
             Reception
             .
          
           
             Reception
             from
             an
             Enemy
             what
             is
             gain'd
             by
             the
             same
             1.
             1.
             7
          
        
         
           
             Release
             .
          
           
             Of
             the
             Master
             where
             it
             binds
             the
             Owners
             2.
             4.
             15
          
           
             Renunciation
             of
             the
             Lading
             when
             it
             may
             be
             2.
             4.
             13
             ,
             17
          
        
         
           
             Relief
             .
          
           
             Appointed
             for
             Marriners
             and
             maimed
             Souldiers
             .
             1.
             14.
             28
          
        
         
           
             Religion
             .
          
           
             Whether
             lawful
             to
             plant
             the
             same
             by
             force
             of
             Arms
             1.
             1.
             5
          
        
         
           
             Renegado
             .
          
           
             The
             Policy
             of
             the
             Turk
             in
             making
             them
             3.
             1.
             6
          
           
             Cannot
             be
             a
             Witness
             by
             the
             Lawes
             of
             any
             Christian
             Kingdome
             ,
             3.
             4.
             7
          
        
         
           
             Reprizals
             .
          
           
             From
             whence
             derived
             1.
             2.
             1
          
           
             Cannot
             be
             against
             the
             Goods
             of
             Ambassadors
             1.
             2.
             16
          
           
             Not
             good
             without
             lawful
             Warrant
             or
             Commission
             1.
             2.
             1
          
           
             Ships
             taken
             by
             virtue
             of
             the
             same
             divests
             not
             the
             Owners
             of
             their
             property
             ,
             unless
             carried
             
               infra
               presidia
            
             1.
             1.
             7
             ,
             8
          
           
             The
             causes
             precedent
             before
             the
             same
             are
             grantable
             1.
             2.
             6
          
           
             Reprizal
             Ordinary
             and
             Extraordinary
             by
             the
             Lawes
             of
             England
             ,
             1.
             2.
             7
          
           
             Persons
             exempt
             from
             the
             same
             ,
             1.
             2.
             16
          
           
             Reprizals
             granted
             and
             they
             commit
             Pyracy
             ,
             they
             forfeit
             their
             Vessel
             ,
             1.
             4.
             2
          
           
             Captains
             of
             Ships
             of
             Reprizal
             commit
             Pyracy
             ,
             cannot
             oblige
             the
             Owners
             for
             satisfaction
             1.
             14.
             18
          
        
         
           
             Request
             .
          
           
             Ought
             alwayes
             to
             precede
             Reprizal
             1.
             2.
             8
          
           
             ●…etters
             of
             Request
             allot
             time
             certain
             1.
             2.
             13
          
           
             The
             same
             being
             made
             may
             sufficiently
             impower
             one
             Nation
             to
             execute
             the
             Judgments
             of
             another
             ,
             3.
             8
          
        
         
           
             Restitution
             .
          
           
             Where
             the
             same
             may
             be
             made
             of
             Ships
             regain'd
             from
             an
             Enemy
             1.
             1.
             7
             ,
             8
          
           
             Restitution
             of
             Ships
             where
             the
             same
             ought
             not
             to
             be
             done
             by
             Nations
             in
             Amity
             .
             1.
             1.
             9
          
           
             Restitution
             of
             the
             overplus
             ,
             the
             debt
             and
             damages
             satisfied
             ,
             1.
             2.
             22
          
           
             Restitution
             only
             to
             be
             made
             in
             that
             Country
             whither
             the
             Vessel
             is
             carried
             1
             ▪
             4.
             14
          
        
         
           
           
             Scavage
             .
          
           
             WHat
             ,
             and
             for
             what
             due
             ,
             2.
             14.
             1
          
        
         
           
             Sea.
             
          
           
             Princes
             may
             have
             an
             Exclusive
             Property
             in
             the
             same
             1.
             5.
             11
          
           
             It
             is
             a
             common
             High-way
             ,
             and
             such
             as
             are
             born
             on
             the
             same
             not
             Aliens
             1.
             5.
             13
          
           
             Princes
             may
             have
             an
             exclusive
             property
             in
             the
             same
             1.
             5.
             2
          
           
             Subject
             to
             protection
             ,
             and
             to
             be
             divided
             amongst
             men
             1.
             5.
             4
             ,
             5
          
           
             Sea
             inseparably
             appendant
             to
             the
             Kingdom
             of
             England
             1.
             5.
             13
          
           
             Not
             without
             protection
             1.
             5.
             6
          
           
             The
             
               British
               Sea
            
             the
             Dominion
             vindicated
             by
             King
             Edgar
             and
             others
             1.
             5.
             7
          
           
             
               British
               Sea
            
             is
             the
             4.
             
             Seas
             1.
             5.
             18
          
           
             Kings
             of
             England
             have
             
               istum
               Regimen
               exclusivè
            
             of
             the
             Kings
             of
             France
             1.
             5.
             11
          
           
             The
             importanee
             of
             the
             same
             to
             the
             Crown
             of
             England
             1.
             5.
             14
          
           
             The
             
               British
               Sea
            
             ever
             belonged
             to
             the
             Empire
             of
             this
             Isle
             .
             1.
             15.
             2
          
           
             The
             Extent
             thereof
             ,
             and
             the
             King
             of
             
             England's
             Right
             on
             the
             same
             ,
             how
             far
             agreed
             by
             the
             Dutch
             Treaty
             1.
             15.
             3
          
        
         
           
             Servitude
             or
             Slavery
             .
          
           
             Brought
             in
             by
             the
             Lawes
             of
             Nationt
             3.
             1.
             1
          
           
             Those
             that
             continue
             in
             that
             state
             can
             have
             nothing
             of
             their
             own
             .
             3.
             1.
             2
          
           
             Children
             are
             Slaves
             ,
             and
             the
             Reasons
             that
             fi●…
             introduced
             that
             Dominion
             3.
             1.
             4
          
           
             Refuge
             was
             granted
             by
             the
             Jewes
             to
             such
             3.
             1.
             5
          
           
             Slavery
             become
             obsolete
             in
             Christendome
             3.
             1.
             6
          
           
             Servitude
             in
             some
             respects
             may
             stand
             at
             this
             day
             3.
             1.
             7
          
           
             A
             Slave
             might
             be
             imprisoned
             at
             the
             will
             of
             his
             Lord
             3.
             1.
             9
          
        
         
           
             Sheriff
             .
          
           
             May
             sell
             
               bona
               peritura
            
             of
             Shipwrackt
             Goods
             2.
             5.
             8
          
        
         
           
             Ships
             .
          
           
             In
             necessity
             may
             take
             Goods
             from
             another
             by
             force
             of
             Arms
             1.
             4.
             18
          
           
             Ships
             gain'd
             by
             an
             Enemy
             in
             Battail
             and
             regain'd
             ,
             where
             the
             property
             is
             lost
             1.
             1.
             7
          
           
             Ships
             of
             Warr
             retaking
             a
             Prize
             from
             an
             Enemy
             ,
             restitution
             of
             the
             same
             where
             made
             ibid.
             
          
           
             Fire
             -
             Ships
             not
             subject
             to
             Quarter
             1.
             14.
             12
          
           
             Ships
             where
             subject
             to
             an
             Embargo
             by
             the
             Laws
             of
             Enemies
             .
             1.
             1.
             11
          
           
             Ships
             of
             Friends
             freighted
             with
             the
             Goods
             of
             Enemies
             .
             1.
             1.
             12
          
           
             Ships
             taken
             by
             Letters
             of
             Marque
             ought
             to
             be
             carried
             
               infra
               presidia
            
             of
             that
             Prince
             or
             State
             by
             whose
             Subject
             the
             same
             were
             taken
             
             1.
             2.
             19
          
           
             Ships
             taken
             by
             a
             lawful
             Commission
             ,
             but
             the
             property
             not
             being
             changed
             ,
             by
             the
             Lawes
             of
             Nations
             the
             persons
             may
             be
             questioned
             Civiliter
             ,
             but
             not
             Criminaliter
             ,
             1.
             1.
             4.
             
          
           
             Ships
             may
             be
             Pressed
             for
             Publique
             Service
             1.
             6.
             1
             ,
             4
          
           
             Though
             the
             Vessels
             of
             another
             Prince
             in
             Amity
             ,
             be
             they
             private
             or
             publique
             1.
             6.
             2
             ,
             4
          
           
             Ships
             Pressed
             ought
             not
             to
             be
             imployed
             but
             on
             publique
             occasions
             ,
             1.
             6.
             3
          
           
             The
             punishment
             of
             those
             that
             shall
             break
             the
             Arrest
             1.
             6.
             4
          
           
             Newly
             built
             ought
             to
             make
             one
             Voyage
             before
             the
             Owners
             can
             part
             ,
             2.
             1.
             3
          
           
             King
             of
             
               England's
               Ships
            
             are
             not
             to
             strike
             to
             any
             Ship
             whatsoever
             generally
             ,
             and
             when
             out
             of
             Courtesie
             they
             may
             1.
             15.
             6
          
           
             Are
             to
             Salute
             Castles
             and
             Ports
             of
             Strangers
             ,
             and
             how
             the
             same
             is
             regulated
             1.
             15.
             7
          
           
             The
             Commanders
             of
             them
             are
             not
             to
             Salute
             their
             Admiral
             or
             Commander
             in
             Chief
             after
             they
             have
             done
             it
             once
             1.
             15.
             9
          
           
             Second
             Rate
             Ships
             when
             they
             are
             to
             Salute
             Noble-men
             coming
             aboard
             1.
             15.
             9
          
           
             Their
             Duties
             in
             Salutations
             ,
             1.
             15.
             9
             ,
             10
             ,
             11
          
           
             Ship
             taken
             in
             pieces
             and
             rebuilt
             is
             another
             Ship
             ;
             but
             if
             ript
             up
             only
             to
             the
             Keel
             ,
             otherwise
             .
             2.
             1.
             6
          
           
             Ship
             repaired
             with
             another
             mans
             Plank
             ,
             who
             are
             the
             Owners
             ,
             2.
             1.
             7
          
           
             By
             the
             Sale
             of
             the
             Ship
             with
             all
             her
             Apparel
             and
             Instruments
             thereto
             belonging
             ,
             the
             Ship
             Boat
             passes
             not
             2.
             1.
             8
          
           
             May
             be
             Mortgaged
             in
             time
             of
             necessity
             2.
             2.
             14
          
           
             The
             various
             way
             of
             Freighting
             them
             2.
             4.
             1
          
           
             Perishes
             ,
             the
             Freight
             vanishes
             ,
             2.
             4.
             13
          
           
             Ships
             Encountring
             each
             other
             ,
             how
             the
             damage
             is
             to
             be
             settled
             ,
             2.
             9.
             7
          
           
             Not
             having
             two
             Decks
             and
             16
             Guns
             ,
             are
             to
             pay
             one
             per-Cent
             .
             over
             and
             above
             the
             Book
             of
             Rates
             2.
             13.
             3
          
           
             Burning
             any
             of
             his
             Majesties
             Ships
             ,
             the
             party
             to
             be
             punished
             with
             death
             1.
             14.
             
          
           
             The
             Kings
             Ships
             and
             their
             Provisions
             not
             to
             be
             imbezelled
             ,
             u●…r
             they
             by
             negligence
             or
             wilfulness
             destroyed
             1.
             14.
             24
          
           
             The
             French
             Ships
             are
             to
             pay
             10
             s.
             for
             every
             Passenger
             that
             shall
             passe
             in
             or
             out
             of
             this
             Kingdome
             2.
             13.
             1
          
        
         
           
             Societies
             .
          
           
             They
             make
             but
             one
             Body
             ,
             and
             are
             to
             make
             but
             one
             single
             Entry
             of
             their
             Goods
             2.
             13.
             13
          
           
             Where
             their
             debt
             obliges
             each
             Member
             ,
             and
             where
             not
             1.
             2.
             2
             ,
             3
          
           
             A
             Bill
             accepted
             by
             one
             binds
             not
             the
             rest
             ,
             though
             it
             may
             the
             party
             acceptor
             .
             2.
             10.
             19
          
           
             
             Superiours
             not
             responsible
             to
             Inferiours
             by
             the
             
               Lawes
               of
               Nations
            
             ,
             1.
             4.
             18
          
        
         
           
             Spies
             .
          
           
             Lawful
             by
             the
             Lawes
             of
             Nations
             ,
             how
             used
             if
             catch't
             .
             1.
             14.
             21
             1.
             13.
             6
          
           
             Ships
             in
             that
             Service
             not
             obliged
             to
             Fight
             1.
             13.
             7
          
        
         
           
             Spoyl
             .
          
           
             Goods
             may
             be
             as
             well
             spoyled
             as
             taken
             1.
             1.
             15
          
           
             Spoliatico
             ,
             the
             difference
             between
             that
             and
             
               Legalis
               Captio
            
             1.
             1.
             9
          
           
             The
             Spoyl
             or
             Prize
             is
             to
             be
             equally
             divided
             as
             well
             to
             those
             Ships
             that
             are
             present
             ,
             as
             those
             that
             attaque
             and
             enter
             1.
             2.
             10
          
        
         
           
             States
             .
          
           
             May
             execute
             the
             Judgments
             of
             each
             other
             3.
             ult
             .
             8
          
           
             But
             not
             in
             cases
             of
             Life
             or
             Honour
             ,
             3.
             ult
             .
             9
          
        
         
           
             Subjects
             .
          
           
             Share
             in
             the
             Indignity
             offered
             to
             their
             Prince
             1.
             15.
             16
          
        
         
           
             Subsidy
             .
          
           
             On
             what
             it
             issues
             out
             2.
             12.
             8
          
           
             How
             the
             same
             is
             governed
             upon
             Woollen
             Cloaths
             2.
             12.
             11
          
        
         
           
             Care.
             
          
           
             WHen
             to
             be
             allowed
             ,
             and
             for
             what
             2.
             13.
             14
          
        
         
           
             Traytors
             .
          
           
             It
             is
             lawful
             to
             make
             use
             of
             a
             Traytor
             ,
             but
             not
             to
             make
             one
             .
             1.
             14.
             20
          
           
             Treason
             in
             an
             Alien
             is
             to
             be
             tryed
             by
             the
             course
             of
             the
             Common-Law
             ,
             and
             not
             
               per
               medietatem
            
             ,
             3.
             4.
             5
          
           
             Treason
             out
             of
             the
             Realm
             may
             be
             tryed
             within
             the
             Realm
             .
             3.
             4.
             7
          
        
         
           
             Treason
             .
          
           
             Is
             subject
             to
             be
             punished
             every
             where
             1.
             11.
             2
          
           
             They
             are
             to
             be
             delivered
             up
             .
             1.
             11.
             4
          
           
             If
             Treason
             in
             killing
             an
             Ambassadour
             .
          
        
         
           
             Creaties
             .
          
           
             Of
             Truce
             for
             years
             settles
             a
             Peace
             ,
             and
             preserves
             the
             Honour
             of
             each
             party
             1.
             9.
             3
          
           
             Less
             subject
             to
             a
             Rupture
             then
             a
             Peace
             1.
             9.
             4
          
           
             Breaches
             of
             Truces
             how
             punishable
             ,
             1.
             9.
             5
          
        
         
           
             Tribute
             .
          
           
             It
             is
             lawful
             to
             pay
             Tribute
             to
             Caesar
             ,
             what
             is
             meant
             by
             the
             same
             ,
             1.
             12.
             2
          
           
             Vide
             Customes
             .
          
        
         
           
             Tiumphs
             .
          
           
             Their
             Antiquity
             ,
             Use
             and
             Advantage
             1.
             14.
             29
          
        
         
           
           
             Trust.
             
          
           
             A
             Stock
             in
             a
             Company
             is
             a
             Trust
             ,
             and
             is
             governed
             accordingly
             ,
             2.
             11.
             6
          
        
         
           
             Tryals
             .
          
           
             Tryal
             of
             Warr
             must
             be
             by
             the
             Records
             of
             Courts
             ,
             and
             not
             Juries
             ,
             1.
             1.
             6
          
           
             
               Tryals
               per
               medietatem
            
             their
             Antiquity
             3.
             4.
             1
          
           
             It
             matters
             not
             of
             what
             Tongue
             ,
             so
             the
             moyety
             are
             Aliens
             .
             3.
             4.
             3
          
           
             If
             both
             parties
             are
             Aliens
             ,
             then
             all
             are
             to
             be
             Natural
             born
             Subjects
             ,
             ibid.
             
          
           
             May
             pray
             
               Venire
               facias
            
             as
             well
             after
             the
             awarding
             the
             Venire
             as
             before
             3.
             4.
             4
          
        
         
           
             Vacancy
             .
          
           
             GIves
             a
             Right
             to
             plant
             .
             3.
             5.
             2
          
           
             Civil
             vacancy
             what
             is
             meant
             by
             the
             same
             3.
             5.
             3
          
        
         
           
             Victuals
             .
          
           
             Failing
             a
             Shipboard
             ,
             what
             every
             one
             hath
             a
             Shipboard
             may
             be
             brought
             forth
             1.
             1.
             4
          
        
         
           
             Voyage
             .
          
           
             Voyage
             when
             the
             same
             begins
             ,
             2.
             7.
             10
          
           
             Trading
             Voyage
             but
             one
             Voyage
             ,
             2.
             4.
             6
          
        
         
           
             Usury
             .
          
           
             Advancing
             Money
             on
             a
             Contingency
             not
             within
             the
             Statute
             2.
             11.
             13
             14
          
        
         
           
             Usura
             Maritima
             .
          
           
             What
             is
             meant
             by
             the
             same
             ,
             2.
             11.
             14
          
        
         
           
             Want.
             
          
           
             That
             or
             Plenty
             is
             the
             measure
             of
             things
             2.
             11.
             4
          
        
         
           
             Wart
             .
          
           
             When
             by
             the
             Lawes
             of
             England
             ,
             1.
             1.
             6
          
           
             Warr
             ,
             the
             just
             causes
             of
             the
             same
             ,
             1.
             1.
             5
          
           
             Injury
             or
             spoyl
             committed
             to
             persons
             or
             goods
             in
             time
             of
             Warr
             ,
             cannot
             create
             a
             cause
             for
             Reprizal
             ,
             1.
             2.
             15
          
           
             An
             innocent
             person
             may
             be
             deserted
             and
             delivered
             up
             to
             death
             to
             prevent
             a
             Warr
             1.
             11.
             6
          
           
             If
             bound
             to
             deliver
             up
             himself
             ,
             ibid.
             
          
           
             Who
             are
             exempted
             from
             the
             Sword
             in
             time
             of
             Warr.
             1.
             14.
             18
          
           
             In
             Warr
             Contribution
             may
             be
             paid
             to
             both
             parties
             1.
             12.
             3
          
           
             Warr
             introduces
             the
             greatest
             of
             Evils
             1.
             15.
             17
          
           
             The
             Conditions
             that
             are
             requisite
             
             before
             the
             same
             be
             commenc'd
             ,
             ibid.
             
          
           
             Uncertain
             danger
             no
             cause
             for
             the
             same
             1.
             15.
             11
          
        
         
           
             Wharfes
             .
          
           
             Which
             are
             lawful
             in
             London
             ,
             2.
             14.
             10
          
           
             Wharfingers
             obliged
             to
             make
             Satisfaction
             ,
             for
             Goods
             damnified
             or
             lost
             2.
             9.
             4
          
        
         
           
             Wines
             .
          
           
             Of
             all
             sorts
             are
             to
             pay
             Aliens
             Duties
             2.
             13.
             6
          
        
         
           
             Words
             .
          
           
             Lost
             or
             not
             lost
             ,
             how
             those
             words
             are
             to
             be
             construed
             2.
             7.
             5
          
           
             King
             and
             King
             ,
             King
             and
             State
             ,
             State
             and
             State
             ,
             how
             to
             be
             understood
             8.
             7.
             17
             ,
             18
          
           
             At
             and
             from
             the
             Port
             of
             London
             how
             construed
             2.
             7.
             10
          
           
             Words
             that
             amount
             to
             an
             acceptance
             of
             a
             Bill
             of
             Exchange
             ,
             2.
             10.
             20
          
        
         
           
             Wreck
             .
          
           
             In
             matters
             of
             Wreck
             there
             is
             a
             Contract
             between
             the
             party
             loser●…
             ,
             and
             they
             that
             find
             the
             Goods
             ,
             2.
             5.
             1
          
           
             Punishment
             of
             those
             that
             steal
             the
             Goods
             of
             Shipwrack
             persons
             by
             the
             Civil
             Law
             2.
             5.
             2
          
           
             If
             any
             thing
             escapes
             alive
             ,
             no
             Wreck
             by
             the
             Lawes
             of
             
               England
               ,
               ibid.
            
             
          
           
             The
             Kings
             of
             England
             hath
             the
             same
             by
             their
             Prerogative
             .
             2.
             5.
             5.
             
          
           
             Wreckt
             Goods
             pay
             no
             Custome
             ,
             2.
             5.
             9
          
           
             Wreck
             of
             the
             
               Isle
               of
               Wight
            
             passe
             not
             without
             expresse
             words
             ,
             2.
             5.
             10
          
        
         
           The
           End
           of
           the
           TABLE
           .
        
         
           SOme
           Slips
           having
           happen'd
           in
           the
           Printing
           this
           Book
           in
           the
           Author's
           absence
           ;
           He
           desires
           the
           Reader
           to
           amend
           the
           same
           ,
           and
           to
           allow
           him
           his
           favourable
           construction
           .
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A51124-e150
           
             Lactantius
             ,
             lib.
             9.
             
          
           
             †
             Seneca
             4.
             de
             Benesicijs
             ,
             Cap.
             18.
             
          
           
             †
             Leg.
             ut
             vim
             D.
             de
             just
             .
             &
             jur
             .
             n.
             7.
             
             &
             8.
             
          
           
             *
             Vasquez
             .
             2.
             
             Controv.
             54.
             4.
             
          
           
             †
             Florentius
             3.
             p.
             tit
             .
             22.
             
             Sect.
             5.
             
             Leg.
             Servus
             .
             D.
             de
             Serv.
             export
             .
          
           
             *
             Cicero
             offic
             .
             lib.
             11.
             ex
             panetio
             .
          
           
             *
             Coke
             2.
             
             In●…
             .
             fo
             .
             28.
             
          
           
             Anno
             1453.
             
             
               Vide
               Knowls
            
             History
             of
             that
             Monarchy
             .
          
           
             Mirror
             ,
             Cap.
             5.
             
             Sect.
             2.
             11
             
             Ed.
             3.
             
             Cap.
             3.
             
          
           
             †
             Vide
             Cambden's
             Q.
             Elizabeth
             .
          
           
             
               
                 Anno
                 
                   
                     1666.
                     
                  
                   
                     1672.
                     
                  
                   
                     1673.
                     
                  
                
              
            
          
           
             Cambden
             .
          
           
             Qu●…stus
             Omnis
             indecorus
             patribus
             ,
             sayes
             livy
             ,
             Lib.
             1.
             
             Dec.
             3.
             
          
           
             Though
             they
             had
             100
             Rostrated
             Sh●…s
             ,
             and
             75
             Gallies
             under
             
               Caius
               Duillus
            
             and
             his
             Collegue
             ,
             〈◊〉
             polybius
             observes
             .
          
           
             †
             Cambden
             Strabo
             lib.
             3.
             
          
           
             Gaules
             Town
             near
             Yarmouth
             the
             Mart
             for
             those
             Neighbouring
             Marchants
             .
          
           
             Abrabamus
             Whelochus
             de
             priscis
             .
             Anglorum
             legibus
             ,
             
               written
               originally
               by
               Mr.
            
             Lambard
             .
          
           
             *
             Inserted
             in
             
               leges
               Edvardi
            
             ,
             and
             afterwards
             confirmed
             by
             the
             Norman
             Conqueror
             .
          
           
             Mr.
             Selden's
             Mare
             Clausum
             ,
             lib.
             2.
             
             Cap.
             
               the
               10th
               to
               the
            
             16.
             
          
           
             Matthew
             Westm.
             Anno
             1035.
             ●…o
             .
             409.
             
             Selden
             Mare
             Clausum
             ,
             lib.
             2.
             
             Cap.
             11.
             
          
           
             *
             Coke
             4.
             
             In●…t
             .
             fo
             .
             142.
             
          
           
             †
             Inter
             Leges
             Marinas
             sub
             fine
             anno
             Regni
             Regis
             Johannis
             2.
             
          
           
             *
             Cic.
             ad
             Artic.
             l.
             10.
             
             Ep.
             7.
             
          
           
             Born
             in
             England
             ,
             but
             resident
             at
             Genoa
             .
          
           
             Campanella
             Histor.
             Hispan
             :
          
           
             Tempore
             Eliz.
             Regina
             Angl.
             
          
           
             Manil.
             pro
             Oratat
             Lege
             .
          
           
             And
             Mr.
             Serjeant
             Calis
             must
             be
             so
             understood
             of
             the
             ancient
             Civil
             and
             Modern
             Roman
             Law
             reduced
             into
             one
             ,
             and
             they
             are
             not
             now
             two
             Lawes
             ,
             one
             Civil
             ,
             and
             the
             other
             Imperial
             ,
             but
             onely
             one
             ,
             that
             is
             ,
             the
             Imperial
             .
             Vide
             his
             Reading
             on
             the
             Statute
             of
             Sewers
             ,
             Sect.
             1.
             fo
             .
             31.
             
          
           
             The
             Articles
             of
             Enquiry
             annexed
             to
             them
             in
             12
             Ed.
             3.
             
             The
             Inquisition
             at
             Quinborough
             ,
             49
             E.
             3.
             
             Anno
             1375.
             
             Statutes
             of
             Enquiry
             translated
             by
             Roughton
             .
          
           
             Selden
             
               tit
               .
               of
               Honour
            
             ,
             lib.
             ult
             .
             Cap.
             ult
             .
          
           
             It
             is
             called
             Imperium
             ,
             〈◊〉
             cause
             it
             proceeds
             fro●…
             〈◊〉
             authority
             of
             the
             〈◊〉
             and
             not
             from
             any
             〈◊〉
             inherent
             in
             the
             party
             ▪
             Leg.
             1.
             
             §.
             
               de
               Const
               !
               Princ●…
            
             Coke
             lib.
             106
             fo
             .
             73.
             
             〈◊〉
             
               Case
               del
               Marshalsea
            
             !
          
        
         
           Notes for div A51124-e3630
           
             Justin.
             lib.
             43.
             
          
           
             A
             Theater
             is
             common
             ,
             yet
             the
             place
             possessed
             by
             any
             one
             ,
             may
             be
             rightly
             called
             his
             own
             .
          
           
             Justin.
             lib.
             2.
             ut
             de
             Scythis
             loquitur
             Trogus
             .
          
           
             Primum
             inter
             Homines
             mali
             nescia
             ,
             &
             adhuc
             astutiae
             inexperta
             simplicitas
             .
          
           
             Seneca
             Naturalium
             3.
             in
             fine
             .
          
           
             Ne
             insignare
             quidem
             aut
             partire
             limite
             camp
             .
             fas
             erat
             .
          
           
             Grotius
             de
             Mari
             libero
             cap
             15.
             
          
           
             †
             Cic.
             Offis
             .
             〈◊〉
             .
             Addendum
             illud
             Quintiliani
             ;
             Si
             haec
             conditio
             est
             ,
             ut
             quicquid
             in
             usum
             hominis
             cessit
             ,
             proprium
             sit
             habentis
             ,
             profecto
             quicquid
             jure
             possidetur
             ,
             injuri●…
             aufertur
             .
             Ma●…
             erobius
             Saturn
             .
             lib.
             3.
             c.
             12.
             
          
           
             Leg.
             2.
             
             §.
             cum
             in
             eadem
             D.
             ad
             .
             Leg.
             Rhodani
             .
             Quo
             non
             fragm
             .
             §.
             Quod
             ait
             .
             D.
             incend
             .
             Leg.
             Quemadmodum
             §.
             item
             .
             D.
             ad
             .
             l.
             Aquilam
             .
             12
             ,
             Ed.
             3.
             tit
             .
             distress
             .
             170.
             11.
             
             H.
             7.
             5.
             
             
               Reniger
               &
               Fogassas
               ,
               Plowden
            
             c.
             1.
             to
             the
             10.
             
             Coke
             3
             Inst.
             sol
             .
             83.
             
          
           
             
               Bald
               ,
               lib.
            
             3.
             
               de
               rerum
               diversorum
            
             ,
             seems
             to
             have
             been
             of
             opinion
             ,
             that
             by
             the
             Laws
             of
             Nations
             one
             may
             take
             Armes
             to
             abate
             the
             growing
             power
             of
             his
             Neighbors
             .
             
               Sed
               ut
               vim
               pati
               posse
               ad
               vim
               inferendam
               jus
               tribuat
               ab
               omni
               equitatis
               ratione
               abhorret
               :
            
             But
             that
             a
             possibility
             of
             suffering
             force
             ,
             should
             give
             a
             right
             of
             offering
             of
             force
             ,
             this
             is
             far
             from
             all
             equity
             ,
             says
             the
             excellent
             
               Grotius
               lib.
            
             2.
             cap.
             1.
             sest
             .
             27.
             
             Sir
             
               Walter
               Raleigh
            
             in
             Hist.
             of
             the
             Word
             cap.
             of
             Duels
             so
             .
             550.
             
          
           
             ●…4
             E.
             3.
             
               tit
               .
               Scire
               facias
            
             122.
             inter
             Mortimer
             and
             Th.
             Earl
             of
             Lancaster
             .
          
           
             Xenoph.
             5.
             de
             Iustit
             .
             Cyri.
             
          
           
             Aristotle
             1.
             
             Polit.
             
          
           
             Hujus
             modi
             res
             non
             tam
             capta
             quam
             recepta
             intelligitur
             ,
             per
             D.
             per
             Pomponius
             &
             L.
             Leg.
             in
             Bello
             Parag.
             Si
             quis
             servum
             in
             pr.
             de
             Capt.
             &
             post
             .
          
           
             2.
             
             R.
             3.
             s.
             2.
             7.
             
             R.
             2.
             
             Trespass
             Statham
             Pl.
             54.
             
          
           
             M.
             8.
             
             Jac.
             in
             
               B.
               R.
            
             Brownlow
             2.
             part
             .
             Westons
             C.
             
          
           
             *
             Consulatu
             Maris
             c.
             283.
             287.
             
             Constit.
             Gallicae
             lib.
             20.
             tit
             .
             13.
             art
             .
             24.
             7.
             
             R.
             2.
             
             Trespass
             Statham
             pl.
             54.
             
          
           
             a
             Res
             quae
             intra
             Praesidia
             perductae
             nondum
             sunt
             ,
             quanquam
             ab
             hostil●…us
             occupatae
             Dominum
             ,
             non
             mutarunt
             ex
             Gentium
             jure
             .
             Grotius
             de
             jure
             Belli
             ac
             Pacis
             l.
             3.
             c.
             9.
             
          
           
             b
             Trin.
             17.
             
             Car.
             1.
             in
             B.
             R.
             Marshe's
             Reports
             .
          
           
             c
             For
             this
             is
             not
             an
             absolute
             Property
             immediately
             vested
             in
             the
             Captor
             ,
             upon
             the
             taking
             ;
             but
             a
             conditional
             Property
             to
             answer
             the
             original
             debt
             or
             damage
             which
             cannot
             be
             done
             without
             a
             Judicial
             adjudication
             ,
             the
             oportunity
             of
             which
             he
             hath
             lost
             by
             bringing
             the
             prize
             into
             the
             Country
             of
             another
             Prince
             :
             for
             as
             to
             private
             War
             ,
             their
             Countreys
             are
             as
             an
             Asyllum
             
               per
               leg
               .
               libertas
               ,
               &
               de
               Leg.
               Jur.
               
            
          
           
             Buistrod
             3.
             part
             .
             f.
             28.
             
               cited
               in
            
             Marsh's
             Case
             .
          
           
             The
             getting
             of
             Letters
             of
             Reprizal
             against
             a
             Nation
             ,
             does
             not
             make
             a
             War
             between
             both
             States
             ;
             nor
             can
             they
             be
             said
             to
             be
             at
             enmity
             .
             22.
             
             E.
             3.
             f.
             23.
             
          
           
             2
             R.
             3.
             f.
             2.
             
          
           
             7.
             
             E.
             4.
             14.
             13.
             
             E.
             4.
             9.
             22.
             
             E.
             3.
             f.
             23.
             2.
             
             R.
             3.
             f.
             2.
             
          
           
             27.
             
             E.
             3.
             c.
             13.
             31.
             
             H.
             6.
             c.
             4.
             which
             gives
             Restitution
             by
             the
             Chancellor
             ,
             and
             one
             Judge
             ,
             and
             by
             the
             Chancellor
             alone
             .
          
           
             Hujusmodires
             non
             tam
             capta
             ,
             quam
             recepta
             intelligitur
             :
             per
             D.
             Leg.
             Pomponius
             ,
             &
             per
             Leg.
             in
             Bell●…
             Par.
             si
             quis
             s●…
             vum
             in
             pr.
             de
             Cap.
             &
             p●…st
             .
          
           
             Per
             Leg.
             postliminium
             ,
             Par.
             Postliminio
             .
             de
             Capt.
             &
             postli
             .
             Boyce
             ,
             and
             Cole
             ,
             and
             Claxton
             ,
             Hill.
             26
             ,
             &
             27.
             
             Car.
             2.
             in
             B.
             R.
             
          
           
             Restitution
             made
             formerly
             by
             a
             French-Man
             ,
             who
             had
             regained
             an
             English
             prize
             out
             of
             the
             hands
             of
             a
             
             Dutch-Man
             of
             War.
             
          
           
             Anno
             1665
             ,
             1666.
             
             Bell.
             Angl.
             cum
             Batav
             .
          
           
             
               This
               is
            
             Jus
             belli
             &
             in
             Republica
             maxime
             conservanda
             sunt
             Jura
             belli
             ,
             Reg.
             f.
             129.
             
             Arresi
             .
             fact
             .
             super
             bonis
             Meroator
             Alie●…ig
             .
          
           
             
               Some
               of
               old
               have
               held
               〈◊〉
            
             Clericus
             ,
             Agricola
             &
             Mercator
             tempore
             belli
             utroque
             collat
             commutet
             ,
             pace
             fruuntur
             .
             Co.
             2.
             
             Inst.
             f.
             58.
             
          
           
             Consul
             .
             Maris
             .
             c.
             273.
             
          
           
             Hostis
             sit
             ille
             ,
             &
             qui
             intra
             praesidia
             ejus
             sunt
             :
             
               Let
               him
               be
               our
               Enemy
               ,
               and
               they
               that
               are
               with
               in
               his
               Guards
               .
            
             Liv.
             lib.
             37
             ,
             &
             alibi
             passim
             .
          
           
             Gregor
             .
             lib.
             9.
             
             Romani
             nos
             honestissimus
             eas
             atque
             justissimus
             credimus
             possessiones
             quas
             Belli
             Lege
             captas
             habemus
             ;
             neque
             ver●…
             induci
             possimus
             ut
             stulta
             facilitate
             deleamus
             virtute
             monumenta
             ,
             si
             eas
             illis
             reddamus
             ,
             quibus
             semel
             perierunt
             :
             imo
             vero
             talos
             possessiones
             ,
             non
             tantum
             cum
             his
             qui
             non
             vivunt
             civibus
             nostris
             communicandis
             ;
             sed
             &
             posteris
             relinquendas
             censemus
             :
             tantum
             abest
             ut
             partu
             relinquendo
             in
             nos
             ipsos
             ea
             constituamus
             ,
             quae
             in
             Hostes
             constitui
             solent
             :
             Titus
             Largus
             
               his
               opinion
               in
               the
               Senate
               of
               Restitution
               :
               VVe
            
             Romans
             
               believe
               those
               possessions
               to
               be
               most
               honorable
               and
               just
               ,
               which
               we
               have
               taken
               by
               the
               Law
               of
               VVar
               ;
               nor
               can
               we
               be
               induc'd
               by
               a
               foolish
               facility
               to
               part
               with
               the
               monuments
               of
               our
               Valour
               ,
               and
               restore
               them
               to
               those
               that
               were
               not
               able
               to
               keep
               them
               ;
               nor
               do
               we
               judge
               such
               possessions
               to
               be
               communicated
               only
               to
               our
               Country
               ,
               Men
               now
               living
               ,
               but
               to
               be
               left
               to
               our
               Posterity
               :
               So
               far
               are
               we
               from
               relinquishing
               what
               we
               have
               got
               ,
               and
               dealing
               with
               our selves
               ,
               as
               if
               we
               were
               our
               own
               Enemies
               .
            
             De
             Veij
             idem
             in
             Romulo
             narrat
             Pluter●…us
             .
          
           
             〈◊〉
             
          
           
             Hist.
             5.
             
          
           
             3.
             
             
               Eliz.
               in
               C.
               B.
               Owens
               Report
               ,
            
             fo
             .
             45
             but
             q.
             of
             that
             Case
             .
          
           
             Grotius
             lib.
             3.
             cap.
             3.
             
          
           
             Vide
             Treaty
             1.
             
             Decemb
             :
             at
             London
             1674
             ,
             Art.
             the
             third
             ,
             what
             is
             meant
             by
             Goods
             Contraband
             ,
             or
             prohibited
             Merchandize
             .
          
           
             Cambden
             .
             vide
             anno
             1589
             ,
             1595.
             
          
           
             Plutarch
             .
          
           
             Mursius
             in
             his
             Danish
             Hist.
             l.
             part
             .
             2.
             
          
           
             Vide
             Tit.
             Customs
             .
          
           
             31.
             
             Eliz.
             C.
             B.
             Owen
             45.
             
             Vide
             
               the
               Proclamation
               of
            
             Holland
             to
             England
             ,
             &c.
             
          
           
             
               Bald.
               ad
               l.
            
             2.
             
               c.
               de
               Sev.
               n.
            
             70.
             
             Under
             the
             name
             of
             Contraband
             may
             be
             comprehended
             Arms
             only
             ;
             as
             pieces
             of
             Ordinances
             ,
             with
             all
             Impliments
             belonging
             to
             them
             ,
             Fire-Balls
             ,
             Powder
             ,
             matches
             ,
             Bullets
             ,
             Pikes
             ,
             Swords
             ,
             Lances
             ,
             Spears
             ,
             Holberts
             ,
             Guns
             ,
             Mortar-Pieces
             ,
             Petards
             ,
             Granadoes
             ,
             Musket-rests
             ,
             Bandaliers
             ,
             Salt-peter
             ,
             Muskets
             ,
             Musket
             Shot
             ,
             Helmets
             ,
             Corslets
             ,
             Breast-Plates
             ,
             Coats
             of
             mail
             ,
             and
             the
             like
             kind
             of
             Armature
             ;
             so
             for
             Horses
             and
             other
             warlike
             Instruments
             ,
             
               v.
               Marine
            
             Treaty
             between
             Eng.
             &
             Holl.
             1.
             
             Decemb.
             1674
             ,
             art
             .
             3.
             
          
           
             So
             likewise
             it
             is
             Ships
             ,
             Masts
             ,
             and
             whatsoever
             shall
             be
             thought
             or
             asscertain'd
             capable
             of
             Arming
             an
             Enemy
             .
             
               Bartol
               .
               l.
               nullus
               nunc
               .
               l.
            
             2.
             
               de
               Judaeis
               Coelicolis
            
             .
          
           
             Anno
             1650
             ,
             or
             1651.
             
               vide
               R.
               Cooke
            
             of
             the
             Church's
             State
             in
             equal
             danger
             with
             the
             Trade
             .
          
           
             
               Reprisals
               are
               all
               one
               ,
               both
               in
               the
               Common
               and
               Civil
               Law
               :
            
             Reprisalia
             est
             potestas
             pignorandi
             contra
             quemlibet
             ,
             de
             terra
             debitoris
             datae
             creditori
             per
             injuriis
             &
             damnis
             acceptis
             vocabular
             utriusque
             Juris
             .
             27.
             
             E.
             3.
             
             Stat.
             2.
             cap.
             17.
             
          
           
             †
             Leg.
             unica
             ,
             c.
             ut
             null
             .
             ex
             vicanis
             .
             c.
             ne
             uxor
             pro
             mar
             .
             &
             ne
             fil
             .
             pro
             patre
             ,
             totis
             tit
             .
             Ulpian
             .
             Leg.
             sicut
             sect
             .
             quod
             cuique
             universnom
             .
          
           
             Et
             :
             singuli
             debebunt
             non
             tanquam
             proprium
             ,
             sed
             tanquam
             publicem
             publici
             partem
             .
             Seneca
             lib.
             6
             :
             de
             Benefit
             .
             c.
             20.
             &
             cap.
             19.
             
          
           
             *
             Leg.
             nullam
             ,
             c.
             de
             Execut.
             &
             Exactionibus
             .
          
           
             In
             Nov.
             Just.
             52●…
             134.
             
             C.
             unico
             de
             injuriis
             in
             sexto
             .
          
           
             Just.
             Inst.
             de
             Jure
             Nat.
             
          
           
             Baldus
             3.
             cons.
             58.
             
             Bartol
             .
             de
             Repress
             .
             q.
             5.
             ad
             ter
             .
             num
             .
             9.
             
          
           
             〈◊〉
             Herod
             ,
             to
             whom
             it
             was
             not
             lawful
             to
             make
             War
             against
             the
             Arabians
             ,
             might
             lawfully
             use
             pignoration
             .
             
               Joseph
               .
               lib.
            
             6.
             
             
               Livy
               lib.
            
             34.
             
          
           
             C.
             Si
             sententiae
             c.
             16.
             de
             Sent.
             excom
             .
             in
             6.
             constit
             .
             Leg.
             qui
             restituere
             ,
             de
             rei
             vindic
             .
          
           
             †
             MagnaCharta
             C.
             30.
             
               the
               later
               Clause
            
             .
             Claus
             7.
             
             Johannis
             Reg.
             m.
             22.
             
          
           
             Pat.
             15.
             
             E.
             3.
             part
             .
             2
             ,
             dors
             .
             48.
             
          
           
             Pat.
             23.
             
             H.
             6.
             part
             .
             2.
             dors
             .
             14
             ,
             15.
             
          
           
             Fitz.
             H.
             N.
             Bre.
             fo
             .
             114.
             
             Reg.
             129.
             
             Pat.
             Rolls
             14.
             14.
             
             H.
             6.
             par
             .
             1.
             dors
             .
             15.
             17.
             22.
             
             &
             M.
             5
             ;
             6
             ,
             7.
             par
             .
             2.
             dors
             .
             18.
             22.
             
             E.
             4.
             par
             .
             2.
             
             M.
             25.
             dors
             .
             2
             &
             4.
             
          
           
             Machiavel
             on
             his
             
               Tit.
               Liv.
               C.
            
             A
             Prince
             in
             this
             later
             Age
             lost
             his
             Country
             but
             for
             a
             load
             of
             Sheep
             Skins
             .
          
           
             Leg.
             qui
             restituere
             .
             de
             rei
             vindicat
             .
          
           
             Res
             judie
             .
             pro
             veritate
             habetur
             ;
             
               yet
               it
               is
               as
               true
            
             ,
             Judex
             male
             judicans
             pro
             injuria
             tenetur
             .
          
           
             Et
             cum
             per
             injuriam
             Judicis
             domino
             r●…mquae
             debitoris
             non
             fuisset
             ,
             abstu
             .
             lisset
             creditor
             ,
             quasi
             obligatum
             sibi
             ;
             &
             quaeretur
             ,
             an
             soluto
             debitor
             restitui
             eam
             opporteret
             ;
             debitori
             Scaevola
             restituendam
             probavit
             ,
             Leg.
             scripturam
             ss
             .
             de
             distr
             .
             pign
             .
          
           
             *
             Verus
             debitor
             licet
             absolutus
             ,
             sit
             natura
             tamen
             debitor
             permanet
             .
             Paulus
             Leg.
             Julia.
             D
             de
             cond
             .
             indebtor
             .
          
           
             Nulli
             ve●…demus
             ,
             nulli
             negabimus
             ,
             aut
             differemus
             Justitiam
             ,
             
               Grand
               Charter
            
             .
             Coke
             2.
             
             Inst.
             56.
             
          
           
             Case
             of
             Slaughter
             ,
             Lee
             against
             the
             Governor
             of
             Leighorn
             upon
             the
             Petition
             of
             Gould
             &
             Canham
             Merchants
             in
             Nov.
             1670.
             on
             which
             two
             Letters
             of
             Request
             are
             gone
             to
             the
             Great
             Duke
             of
             Tuscany
             ,
             for
             redress
             .
          
           
             *
             after
             the
             Massacre
             at
             Amboyna
             ,
             and
             the
             other
             depredations
             committed
             by
             the
             Flemings
             ,
             on
             the
             English
             his
             Majesty
             in
             1625.
             issued
             forth
             his
             Letters
             of
             Request
             to
             the
             States
             of
             Holland
             ,
             for
             satisfaction
             within
             18
             Months
             ;
             otherwise
             Letters
             of
             Reprisal
             .
             Vide
             Journals
             of
             that
             year
             ,
             and
             
               Leo
               Aitzma
               p.
            
             48.
             13.
             41.
             82.
             
          
           
             
               Vid●…
               Machiavel
            
             History
             of
             that
             War.
             
          
           
             Mich.
             9.
             
             E.
             1.
             
             Rott
             .
             53.
             (
             in
             Thesaur
             .
             Recept
             .
             Regis
             in
             Scac.
             )
             Coram
             Rege
             Florentia
             .
          
           
             Vide
             Rott
             .
             Vasconie
             28.
             
             E.
             3.
             
             Rott
             .
             7.
             pro
             Rob.
             Draper
             &
             aliis
             Civibus
             ,
             Corke
             in
             Hibernia
             .
          
           
             
               Rex
               facisne
               tu
               Regium
               Nuntium
               Populi
               Romani
               Quirit
               .
               vaja
               comitesque
               meos
               .
            
             The
             Embassadors
             of
             the
             Romans
             being
             ill
             ,
             used
             by
             the
             Carthaginians
             ,
             and
             
             Scipio's
             Army
             having
             surprized
             the
             Embassadors
             of
             the
             Carthaginians
             ,
             was
             demanded
             what
             should
             be
             done
             to
             them
             ,
             answered
             ,
             not
             as
             the
             Carthagineans
             have
             done
             to
             the
             Romans
             .
          
           
             *
             Vita
             autem
             Subditorum
             innocentium
             ,
             ut
             ex
             tali
             causae
             obligetur
             ,
             sorte
             creditum
             fuit
             apud
             aliquo●…
             Populos
             eo
             nimirum
             quod
             crederent
             unicuique
             hominum
             jus
             vitae
             plenum
             esse
             in
             se
             ,
             &
             ad
             Rem
             publicam
             potuisse
             transferri
             ,
             quod
             minime
             esse
             probabile
             ,
             nec
             savctiori
             Theologiae
             consentaneum
             .
             Grotius
             de
             Jure
             belli
             lib.
             3.
             cap.
             2.
             ss
             .
             4.
             
             
               And
               seems
               to
               be
               of
               opinion
               by
               the
               Law
               of
               Charity
               ,
               that
               the
               prosecution
               of
               right
               for
               a
               Man's
               Goods
               ,
               which
               inevitably
               must
               be
               by
               the
               life
               of
               Man
               ,
               ought
               to
               be
               omitted
               .
            
             Lib.
             2
             cap.
             10.
             
             Livy
             lib.
             2.
             
          
           
             Bartol
             .
             in
             Leg.
             si
             quid
             Bello
             D.
             de
             cap.
             Ang.
             &
             Salic
             .
             in
             Leg.
             ab
             hostibus
             ,
             C.
             de
             Capt.
             Const.
             Gall.
             20.
             tit
             .
             13.
             
             Art.
             24.
             
             Consul
             .
             Maris
             287.
             
             Trin.
             17.
             
             Car.
             I.
             in
             
               B.
               R.
               Marsh
               Report
            
             .
             Res
             qu
             infra
             Praesidia
             perd●…ctae
             ,
             nondum
             sunt
             quanquam
             ab
             hostibus
             occupatae
             ,
             Dominum
             non
             mutarunt
             ,
             ex
             Gentium
             Jure
             .
          
           
             Mich.
             32.
             
             Eliz.
             Somers
             and
             Sir
             Ric.
             Bulckleys
             C.
             Leonard
             2.
             part
             181.
             
          
           
             Trin.
             3.
             
             
               Jac.
               in
            
             B.
             R.
             Rols
             fo
             .
             530.
             
          
           
             Sir
             Francis
             
               Moors
               Rep.
            
             1.
             
             Jac
             :
             waltham
             ,
             vers
             .
             Mulgar
             .
          
           
             3.
             
             Eliz.
             cap.
             5.
             
          
           
             12.
             
             Car.
             II
             :
             called
             the
             Act
             of
             Navigation
             .
          
           
             Gregorias
             l.
             〈◊〉
             .
          
           
             Fitz.
             H.
             N.
             B.
             fo
             .
             162.
             
             Old.
             N.
             Bre
             103.
             
             Reg.
             Orig.
             fo
             .
             176.
             
          
           
             *
             Seneca
             Benef.
             cap.
             19.
             
          
           
             Pat.
             26.
             
             E.
             3.
             pars
             1.
             
             M.
             16.
             
             Dorso
             .
          
           
             Pat.
             de
             An.
             6.
             
             H.
             5.
             pars
             .
             1.
             
             〈◊〉
             M.
             9.
             
             Dorso
             .
             De
             caeteris
             personis
             arrest
             .
             &
             capiend
             .
          
           
             Leg.
             servus
             .
             〈◊〉
             .
             de
             Serv.
             export
             DD.
             ad
             Leg.
             si
             quis
             in
             servitutem
             .
             D.
             de
             fur
             .
             Leg.
             prohib
             .
             c.
             de
             Jure
             Fisci
             .
          
           
             Bartol
             .
             in
             Leg.
             ut
             vim
             .
             D.
             de
             just
             &
             Jure
             n.
             7.
             
             &
             8.
             
          
           
             Cicero
             Offic.
             3.
             
          
           
             The
             Son
             of
             
               Cato
               Censorius
            
             ,
             having
             served
             as
             a
             private
             Soldier
             of
             pay
             under
             Pompilius
             ,
             the
             Legion
             being
             disbanded
             ,
             the
             Young
             Man
             was
             resolved
             to
             remain
             with
             the
             Army
             ,
             though
             but
             a
             Volunteer
             ;
             Cato
             wrote
             to
             Pompilius
             the
             General
             ,
             that
             he
             should
             give
             him
             an
             Oath
             the
             second
             time
             ;
             giving
             this
             reason
             ,
             
               Quia
               priore
               amisso
               ;
               jure
               cum
               hostibus
               pugnare
               non
               poterat
               :
            
             Cicero
             sets
             down
             the
             very
             words
             of
             Cato
             to
             his
             Son
             ,
             whereby
             he
             admonisheth
             him
             not
             to
             enter
             into
             Battle
             ;
             
               Neque
               enim
               jus
               esse
               qui
               miles
               non
               sit
               pugnare
               cum
               hoste
               ,
            
             Cic.
             Offic.
             1.
             
          
           
             Leg.
             Desertorem
             .
             D.
             de
             rei
             milit
             .
          
           
             C.
             Quando
             liceat
             unicuique
             ,
             Leg.
             1
             &
             2.
             
          
           
             This
             matter
             was
             highly
             debated
             at
             the
             Councel
             board
             on
             the
             complaint
             that
             of
             Landy
             then
             Embassador
             for
             that
             Republique
             ,
             at
             
               London
               an
            
             .
             1629.
             
             
               Vide
               Hist.
               Republic
               .
               Venet.
               fo
               .
            
             170.
             
          
           
             
               Treaty
               Marine
               at
               Lond.
            
             1.
             
               of
               Decemb.
            
             1674.
             
             In
             the
             Commission
             must
             always
             be
             mentioned
             that
             they
             have
             given
             such
             security
             .
          
           
             Art.
             13.
             
          
           
             These
             Articles
             for
             their
             excellency
             are
             fit
             to
             be
             a
             Standard
             to
             all
             the
             Nations
             of
             Europe
             .
             Art.
             14.
             
          
           
             In
             hostium
             esse
             partibus
             ,
             qui
             ad
             bellum
             necessaria
             hoste
             administrat
             .
             Consulat
             .
             Maris
             editus
             est
             Lingua
             Italica
             ,
             in
             quem
             relate
             sunt
             constitutiones
             Imperatorum
             Graeciae
             ,
             &c.
             cujus
             libr●…
             tit
             .
             276.
             
          
           
             
               Cambden
               an
            
             ,
             1791.
             by
             the
             fourth
             Article
             at
             the
             Treaty
             at
             Lond.
             1674
             ,
             those
             Goods
             that
             may
             be
             used
             out
             of
             war
             as
             in
             war
             ,
             (
             exceptShips
             )
             may
             not
             upon
             any
             account
             be
             call'd
             prohibited
             ,
             nor
             subject
             to
             a
             condemnation
             ,
             except
             carry'd
             to
             Places
             besieged
             .
             Art.
             4.
             
             See
             
               John
               Meursius
            
             his
             Danish
             History
             concerning
             the
             Prohibiting
             of
             Goods
             by
             those
             Northern
             State.
             
               Vide
               postea
            
             ,
             the
             Grand
             prise
             condemned
             by
             Queen
             Elizabeth
             in
             tit
             .
             Customs
             .
          
           
             And
             Persons
             so
             attempting
             to
             releive
             an
             enemy
             ,
             may
             in
             some
             cases
             be
             punished
             ;
             but
             if
             the
             same
             be
             done
             by
             necessity
             of
             obedience
             ,
             though
             the
             parties
             are
             much
             to
             be
             blamed
             ,
             yet
             are
             they
             not
             to
             be
             punished
             ;
             and
             so
             it
             was
             with
             those
             which
             releived
             
               Sir
               John
               Old-Castle
            
             ,
             with
             provisions
             ,
             being
             taken
             ,
             were
             discharged
             .
          
           
             By
             the
             7.
             
             Article
             in
             the
             Treaty
             at
             London
             ,
             if
             the
             Skipper
             will
             deliver
             out
             the
             prohibited
             Goods
             ,
             the
             Ship
             may
             proceed
             with
             the
             rest
             in
             their
             Voyage
             or
             course
             ,
             as
             they
             please
             ,
             and
             the
             Ship
             shall
             not
             be
             brought
             into
             Port.
             
          
           
             Nec
             reus
             est
             mortis
             alienae
             ,
             
               inquit
               Augustinus
            
             ,
             qui
             sui
             possessioni
             murorum
             ambitum
             circumduxit
             :
             si
             aliquis
             ex
             ipsorum
             usu
             percussus
             intereat
             .
             Publ.
             Epist.
             154.
             
          
           
             Leg.
             5.
             de
             N●…viul
             .
             C.
             lib.
             3.
             
             Trin.
             3
             Jac.
             in
             B.
             R.
             Rolls
             5.
             p.
             Abridg.
             f.
             530.
             
          
           
             Pompon
             .
             Leg.
             cum
             loca
             D.
             de
             Religiosis
             .
             Tacitus
             Anal.
             13.
             
          
           
             
               Wars
               and
               Victories
               most
               part
               consist
               in
               taking
               and
               overthrowing
               Cities
               ,
               which
               work
               is
               not
               done
               without
               injury
               of
               the
               Gods
               ,
               the
               walls
               of
               Cities
               and
               Temples
               of
               the
               Gods
               partake
               in
               the
               same
               ruin
               ,
               the
               Citizens
               and
               Priests
               equally
               slaughtered
               ;
               nor
               is
               the
               rapine
               of
               sacred
               riches
               and
               prophane
               unlike
               :
               so
               many
               are
               the
               sacriledges
               of
               the
               Romans
               as
               their
               Trophies
               ,
               so
               many
               are
               their
               Triumphes
               over
               Gods
               and
               Nations
               :
               and
               then
               goes
               further
               ,
               
                 Tot
                 manubiae
                 quot
                 manent
                 adhuc
                 simulachra
                 captivorum
                 deorum
                 .
                 Mox
                 &
                 bene
                 ,
                 quod
                 si
                 quid
                 adversi
                 urbibus
                 accidit
                 ,
                 ●…dem
                 clades
                 Templorum
                 quae
                 &
                 moenium
                 suerant
                 .
              
            
             
               Even
               upon
               the
               same
               reason
               ,
               that
               the
               instruments
               of
               Husband-men
               are
               not
               to
               be
               taken
               for
               a
               pledge
               by
               the
               Civil
               nor
               Common
               Law.
               
                 Leg.
                 exeunt
                 .
                 C.
                 quae
                 res
                 pign
                 .
              
               Coke
               sup
               .
               Littleton
               47.
               
            
          
           
             〈◊〉
             .
             Cor.
             9.
             7.
             
          
           
             If
             the
             offenders
             could
             be
             found
             ,
             they
             ought
             to
             be
             yeilded
             up
             to
             Justice
             ;
             and
             if
             they
             have
             any
             Estate
             ,
             the
             s●…me
             ought
             to
             go
             towards
             the
             reparation
             of
             the
             dammage
             .
          
           
             Caution
             is
             commonly
             taken
             upon
             the
             giving
             forth
             of
             such
             Commissions
             to
             prevent
             the
             same
             ,
             if
             possible
             .
             They
             are
             generally
             restrained
             by
             Proclamation
             when
             a
             War
             breaks
             forth
             ,
             and
             commanded
             ,
             that
             none
             presume
             to
             set
             forth
             ,
             without
             a
             Commission
             .
          
           
             Constit
             Galliae
             tom
             .
             3
             tit
             .
             3.
             constitutione
             ●…nni
             1583.
             cap.
             44.
             
             Vide
             etiam
             tom
             .
             conconstit
             .
             3
             tit
             .
             2
             constit
             .
             Anni
             154●…
             .
             cap.
             44.
             
             Vide
             2●…
             .
             
               Art.
               at
               the
               Treaty
               at
            
             Breda
             between
             England
             and
             Holland
             ,
             
               and
               the
            
             15.
             
             
               Article
               in
               the
               Marine
               Treaty
               at
            
             Lond.
             1674.
             
          
           
             †
             Trin.
             7.
             
             Jac.
             in
             
               B.
               R.
            
             Rolls
             f.
             530.
             
             Vide
             Sir
             Francis
             M●…ores
             Reports
             ,
             1
             Jac.
             Waltham
             versus
             Mulgar●…
             
          
           
             Leg.
             Hostes
             de
             verb.
             signif
             .
          
           
             Leg.
             Hostis
             de
             Captivis
             .
          
           
             Tacitus
             Annal.
             3.
             
             C●…sar
             lib.
             3.
             de
             Bello
             Civ
             .
          
           
             Hist.
             Republ.
             Venice
             f.
             91.
             
          
           
             ss
             .
             ad
             Legem
             Rhod.
             de
             jactu
             .
             l.
             2.
             
             §.
             si
             navis
             a
             Pyratis
             redemptae
             .
          
           
             Leg.
             Bona
             sides
             .
             D.
             Expos.
             
          
           
             On
             a
             Commission
             grounded
             on
             the
             Stat.
             awarded
             .
             
               Rott
               .
               Admir
            
             .
             28.
             
             
               Eliz.
               m.
            
             23.
             
          
           
             Rott
             .
             Adm.
             anno
             28.
             
             Eliz.
             m.
             24.
             
          
           
             Normandy
             was
             lost
             by
             King
             John
             ,
             and
             out
             of
             the
             legeance
             of
             the
             King
             of
             England
             ,
             &
             they
             were
             as
             now
             accounted
             Aliens
             .
             40.
             
             
               Assise
               placet
            
             .
             25
             
               p.
               Shard
               .
               Vide
            
             2
             H.
             5
             cap.
             60.
             
          
           
             Selden
             Mare
             Claus.
             lib.
             1.
             cap.
             27
             Case
             of
             Reginor
             Grimbald
             in
             tempor
             .
             Ed.
             1
             
               Cited
               in
            
             4.
             
             Inst
             f.
             142.
             
               in
               c.
               of
               the
               Admiralty
            
             .
          
           
             Injicere
             manum
             parcae
             tra●…erunt
             debitum
             sibi
             ,
             &
             sermone
             usus
             est
             juris
             ;
             nam
             manus
             injectio
             dicitur
             ,
             quoties
             nulla
             judicis
             a●…ctoritate
             ,
             rem
             nobis
             debitam
             vindicamus
             .
             
             Servius
             ●…1
             .
             Aeneidos
             .
          
           
             Leg.
             extat
             .
             D.
             quod
             metus
             .
          
           
             Honorius
             &
             Theodosius
             :
             idcirco
             Judiciorum
             vigor
             Jurisque
             publici
             tutela
             in
             medio
             constituta
             ,
             ne
             quis
             quam
             .
             sibi
             ipsi
             permittere
             valeat
             ultionem
             .
             Leg.
             nulli
             C.
             de
             Judaeis
             .
          
           
             Plutarch
             in
             Caesar.
             
          
           
             Ralph
             Williams
             
               indicted
               for
               the
               murder
               of
               one
            
             John
             Terrey
             ,
             and
             Bridges
             ,
             Black
             ,
             
               and
               others
               ,
               as
               accessory
            
             .
             Rott
             .
             Admir
             .
             28
             Eliz.
             M.
             24.
             
             Yel
             .
             f.
             134
             135.
             
          
           
             Res
             quae
             intra
             Praesidia
             perductae
             nondum
             sunt
             ,
             quanquam
             ab
             hostibus
             occupatae
             ,
             dominum
             non
             mutarunt
             ex
             Gentium
             jure
             .
             
               Grotius
               de
               Jure
               Belli
               ac
               Pacis
               cap
            
             9.
             
             §.
             16.
             
          
           
             †
             Trin.
             17
             Car.
             in
             B.
             R.
             Marsh's
             Reports
             .
          
           
             *
             Leg.
             Hostes
             &
             Leg.
             Latrones
             D.
             de
             Cap.
             Leg.
             postlim
             .
             a
             Pyratis
             eod
             .
             Tit.
             
          
           
             The
             Caption
             was
             in
             1665
             ,
             〈◊〉
             Adjudication
             passed
             13
             of
             May
             1670
             ,
             upon
             which
             there
             was
             an
             Appeal
             to
             the
             Duke
             of
             York
             ;
             but
             nothing
             came
             of
             it
             .
             
               Rott
               .
               A●…r
               .
               in
               an
               .
               supradict
               .
            
          
           
             a
             Bulstrod
             .
             3.
             part
             .
             fo
             .
             28.
             .
             
               Case
               of
            
             Samuel
             Pellagy
             .
          
           
             b
             Grotius
             de
             jure
             belli
             ac
             pacis
             lib.
             3.
             cap.
             9
             :
             §.
             15
             ,
             &
             16.
             
          
           
             c
             Mich.
             8
             Jac.
             in
             B.
             R.
             Brownlow
             2.
             part
             .
             Westons
             C.
             
          
           
             Co.
             3.
             
             Inst
             109.
             lib.
             8.
             f.
             33.
             6.
             
             Caleys
             c.
             but
             Black
             Maile
             &
             such
             sorts
             of
             taking
             in
             Cumberland
             Northumberland
             ,
             and
             Westmorland
             was
             Felony
             .
             43.
             
             Eliz.
             cap.
             13.
             
          
           
             *
             ss
             .
             Nautae
             Caup
             .
             l.
             1.
             sect
             .
             3.
             Stabe
             
          
           
             Glanvil
             .
             lib.
             10.
             cap.
             13.
             
          
           
             13.
             
             E.
             4.
             9.
             
          
           
             Nautae
             Caup
             .
             Stab
             .
             lib.
             Sect.
             7.
             sect
             .
             recepit
             .
          
           
             Co.
             3.
             
             Inst.
             107
             ,
             108.
             
          
           
             44.
             
             E.
             3.
             14.
             
          
           
             4.
             
             H.
             4.
             2.
             
             §.
             ad
             Leg.
             Rhod.
             de
             jact
             .
             l.
             2.
             
             §.
             si
             navis
             a
             Pyratis
             redempta
             sit
             .
          
           
             14.
             
             E.
             3.
             
             Cor.
             115.
             
          
           
             Trin.
             7.
             
             Jac.
             in
             B.
             R.
             Rolls
             Acridg
             .
             530.
             
          
           
             Constit.
             Galliae
             tom
             .
             3.
             tit
             .
             3.
             constit
             .
             anni
             1583.
             c.
             44.
             
          
           
             Vide
             Sir
             Francis
             Moore
             Reports
             Waltham
             vers
             .
             Mulgar
             .
          
           
             Leg.
             2.
             sect
             .
             cum
             in
             eadem
             ;
             D.
             ad
             l.
             Rhod.
             Leg.
             quo
             naufrag
             .
             §.
             quod
             ait
             D.
             de
             incen
             .
             Leg.
             quemadmodum
             ,
             sect
             .
             item
             .
             D.
             ad
             Leg.
             Aquiliam
             .
             27.
             
             H.
             8.
             cap.
             4.
             
          
           
             Per
             Leg.
             Pomp●…nus
             de
             acqu●…el
             dom
             .
          
           
             Per
             Leg.
             Mulier
             ea
             .
             cap.
             &
             post
             .
          
           
             27
             E.
             3.
             c.
             13.
             
          
           
             Sigonius
             de
             Jure
             Rom.
             l.
             1.
             cap.
             11.
             
          
           
             Mich.
             13.
             
             
               Jac.
               in
               B.
               R.
            
             Sir
             Richard
             Bingly's
             Case
             .
             Roll's
             Abridgement
             〈◊〉
             .
             530.
             
          
           
             Moore
             756.
             
          
           
             But
             if
             the
             party
             be
             attainted
             before
             the
             Admiral
             ,
             and
             not
             before
             the
             Commissioners
             ,
             then
             there
             is
             no
             corruption
             of
             Blood
             or
             forfeiture
             of
             Lands
             ;
             
               quod
               nota
               Co.
               Inst.
               389.
            
             
          
           
             Hyde
             and
             others
             robbed
             the
             Ship
             of
             Captain
             Slu●…
             of
             the
             Merchandize
             of
             one
             Mr.
             Mors
             ,
             a
             Merchant
             in
             London
             ;
             and
             they
             were
             indicted
             for
             it
             at
             the
             Common
             Law
             ,
             and
             were
             found
             guilty
             of
             the
             same
             .
             Anno
             23.
             
             Car.
             2.
             
          
           
             Sir
             Francis
             Moore
             756.
             1.
             
             Jac.
             par
             .
             1044.
             
          
           
             And
             the
             same
             was
             so
             ruled
             by
             the
             opinion
             of
             Sir
             
               Lyonell
               Jenkins
            
             ,
             and
             the
             rest
             of
             the
             Lords
             the
             Judges
             ,
             upon
             the
             Pyracy
             committed
             by
             Cusack
             and
             others
             ,
             and
             denyed
             ;
             and
             he
             was
             afterwards
             executed
             Anno
             1674.
             vide
             19.
             
             E.
             3.
             
             Cor.
             124.
             9.
             
             H.
             4.
             2.
             
          
           
             9.
             
             E.
             4.
             28.
             cited
             in
             Cokes
             3.
             
             Inst.
             fo
             .
             112.
             
          
           
             28.
             
             Eliz.
             Butlers
             Case
             cited
             3.
             
             Inst.
             fo
             .
             113.
             
          
           
             
               Marsh's
               Case
            
             13
             Jac.
             in
             B.
             R.
             3
             Bulstrod
             fo
             .
             27.
             
          
           
             *
             Yelverton
             134
             ,
             135.
             
             Scadings
             Case
             ,
             Tench
             versus
             Harrison
             B.
             R.
             Styles
             171
             ,
             340.
             
          
           
             †
             50.
             
             E.
             3.
             par
             .
             2.
             
             Dors.
             24.
             de
             audiendum
             &
             terminandum
             Mercatoribus
             super
             mare
             depredatis
             .
          
           
             Pat.
             6.
             
             E.
             1.
             m.
             24
             Dors.
             the
             Case
             of
             Will.
             de
             Dunstaple
             a
             Citizen
             of
             Winton
             .
          
           
             Pat.
             32.
             
             E.
             1.
             m
             :
             4.
             
             Dors.
             pro
             willielmo
             Perin
             &
             Domengo
             Perez
             Mercatoribus
             .
          
           
             ●…vestein
             .
          
           
             See
             that
             Plea
             of
             Chizzola
             for
             the
             Venetian
             Soveraignity
             of
             Adriatique
             Sea
             ,
             at
             the
             end
             of
             Mr.
             Selden
             .
          
           
             
               The
               substance
               of
               what
               was
               alleadged
               by
               the
            
             Hansiatique
             
               Towns
               ,
               at
               the
            
             Venetians
             
               asserting
               of
               the
               Soveraignty
               of
               the
            
             Adriatique
             ,
             Inter
             res
             communes
             ,
             uti
             ipsi
             Imperator
             numerat
             mare
             ,
             &
             ideo
             nemo
             in
             mari
             piscari
             ,
             aut
             navigare
             prohibitur
             ,
             &
             adversus
             inhibentem
             competit
             actio
             injuriarum
             ,
             l.
             10.
             si
             quis
             in
             mare
             ,
             l.
             injuriarum
             ,
             sect
             .
             ult
             .
             de
             injuriis
             .
             Sin
             littora
             quoque
             communia
             sunt
             ,
             l.
             2.
             re
             divis
             .
             Quia
             accessorium
             sunt
             maris
             ,
             &
             accessorium
             sequitur
             naturam
             Principalis
             ,
             l.
             2.
             de
             peculio
             .
             legat
             .
             c.
             accessorium
             de
             reg
             .
             jur
             .
             in
             6.
             
             Ad
             littus
             maris
             igitur
             accedere
             quivis
             potest
             ,
             non
             piscandi
             tantum
             gratia
             ,
             sed
             etiam
             aedificandi
             &
             occupandi
             causa
             ,
             l.
             quod
             in
             litt
             .
             de
             acquir
             .
             rer
             .
             Dom.
             l.
             in
             litt
             .
             ff
             .
             nequid
             in
             loc
             .
             pub
             .
             Jo.
             Angelius
             I.
             C.
             de
             respub
             .
             Hansiat
             .
             par
             .
             6.
             f.
             85.
             
             Edit
             .
             Francof
             .
             an
             .
             Dom.
             1641.
             
             
               But
               these
               arguments
               were
               easily
               answered
               by
               the
            
             Venetian
             Lawyers
             ;
             Quemadmodum
             communio
             literorum
             restringitur
             ad
             populum
             ,
             a
             quo
             occupata
             sunt
             ,
             lib.
             3.
             sect
             littora
             D.
             de
             .
             quid
             in
             loc
             .
             pub
             .
             Ita
             etiam
             communio
             maris
             :
             adeo
             ut
             per
             mare
             a
             nemine
             occupatum
             navigatio
             sit
             omnino
             libera
             :
             per
             mare
             autem
             occupatum
             ab
             aliquo
             Principe
             ii
             liberam
             h●…beant
             navigationem
             qui
             sunt
             illi
             Principi
             subjecti
             ;
             alii
             vero
             catenus
             ,
             quatenus
             idem
             ●…rinceps
             permittit
             .
             Julius
             Pacius
             de
             Dom.
             maris
             Adriatici
             .
          
           
             *
             Grotius
             mare
             liberum
             .
             Communio
             parit
             discordiam
             quod
             communiter
             possidetur
             viti●…
             naturali
             negligitur
             :
             Habet
             communio
             rerum
             gerendarum
             difficultatem
             ,
             Leg.
             pater
             .
             §.
             dulcissime
             .
             Leg.
             2.
             
          
           
             *
             Quae
             omnia
             fore
             Gallis
             erant
             incognita
             ,
             neque
             enim
             temere
             praeter
             mercatores
             adi●…
             ad
             illos
             quisquam
             ,
             neque
             eis
             ipsis
             quidquam
             praeter
             oram
             maritima●…
             atque
             eos
             Regiones
             quae
             sunt
             contra
             Gallum
             ,
             notum
             est
             .
             Com.
             Gall.
             Bell.
             lib.
             4.
             fol.
             72.
             m.
             8.
             
          
           
             *
             Galls
             Town
             near
             Yarmouth
             ,
             being
             then
             ,
             as
             is
             conceived
             ,
             one
             of
             the
             common
             places
             of
             Mart
             or
             Commerce
             for
             the
             Galls
             .
          
           
             Quod
             omnibus
             fere
             Gallinis
             hostibus
             nostris
             inde
             sub
             ministrata
             auxilia
             intelligebat
             .
          
           
             Tacit.
             in
             vita
             Agricol
             .
          
           
             Altitonantis
             Dei
             largi-flua
             ●…ementia
             ,
             qui
             est
             Rex
             Regum
             ;
             Ego
             Edgarus
             Anglorum
             Basileus
             ,
             omniumque
             rerum
             Insularum
             Oceani
             quae
             Britanniam
             circumjacent
             ,
             cunctarumque
             Nationum
             quae
             infra
             eam
             includuntur
             Imperator
             &
             Dominus
             ,
             ex
             Charte
             fundam
             .
             Eccles
             Wigor
             :
             
               Sir
               John
               Burroughs
               fo
            
             .
             21.
             
             Idem
             quoque
             Edgarus
             400.
             
             Naves
             congregavit
             ,
             ex
             quibus
             omni
             anno
             post
             Festum
             Paschale
             100.
             
             Naves
             ad
             quamlibet
             Angli
             partem
             statuit
             ;
             sic
             ●…state
             Insulam
             circumnavigavit
             ;
             Hieme
             vero
             indicia
             in
             Provincia
             exercuit
             ,
             ex
             Ranulph
             .
             Cestrens
             .
             fo
             22.
             
             J.
             B.
             
          
           
             †
             So
             fully
             proved
             by
             Mr.
             ●…elden
             ,
             that
             it
             would
             be
             impertinent
             in
             this
             Tract
             to
             rehearse
             the
             authorities
             he
             vouches
             .
             
               Vide
               Jac.
               usserius
               Armach
               .
               Epistg
               .
               Hiberniae
               Silloge
               p.
            
             121
             ,
             163.
             
          
           
             Inter
             Leges
             Marinas
             sub
             fine
             anno
             regni
             Regis
             Johannis
             secundo
             ,
             
               entitled
               Le
               Ordinance
               al
               Hastings
            
             .
          
           
             15
             November
             1653.
             
          
           
             Le
             ab
             Atzma
             .
             fo
             .
             847.
             
          
           
             14
             September
             1662.
             
          
           
             December
             the
             18
             1674.
             
             S.
             V.
             
          
           
             †
             But
             now
             by
             the
             last
             Treaty
             at
             Westm
             :
             the
             dominion
             is
             ascertained
             from
             Cape
             Finisterre
             to
             the
             middle
             Point
             of
             the
             Land
             
               Van
               Staten
            
             in
             Norway
             ,
             9
             Feb.
             1673
             /
             4.
             
          
           
             Artic.
             16.
             in
             the
             Treaty
             of
             15
             Nov.
             1653.
             
          
           
             †
             Hill.
             29
             Eliz.
             B.
             〈◊〉
             .
             the
             Queen
             
               and
               Sir
            
             John
             Constables
             Case
             .
             Leonard
             3.
             part
             72.
             
          
           
             Selden
             de
             Dom.
             maris
             l.
             2.
             cap.
             14.
             27
             ,
             28.
             
          
           
             Cooke
             4.
             
             Inst.
             fo
             .
             142.
             
          
           
             A
             universal
             consent
             of
             all
             Nations
             .
          
           
             4.
             
             Instit.
             142.
             
             Seldencap
             .
             27
             Mare
             clausum
             .
          
           
             Sir
             John
             Burroughs
             fo
             .
             42.
             
          
           
             Anno
             1635.
             
          
           
             Leo
             ab
             Aitzma
             Hist
             Tract
             .
             pacis
             Belgi
             pag.
             177.
             
             Edit
             .
             Lugduni
             Batavor
             .
             quarto
             1654.
             
          
           
             
               It
               is
               no
               policyto
               attempt
               the
               change
               of
               old
               Customs
               and
               usages
               ,
               even
               errors
               &
               abuses
               are
               up
               on
               such
               an
               account
               legally
               tollerated
               .
            
             In
             omnibus
             rebus
             vetustas
             ipsa
             plurimum
             habet
             dignitatis
             :
             ita
             ut
             Massalienses
             quorum
             praestantissima
             creditur
             fu●…ssa
             Respublica
             ,
             laudentur
             to
             nomine
             quod
             gladio
             ad
             puniendos
             sontes
             usi
             sint
             ,
             eodem
             a
             condita
             Urbe
             quo
             indicarent
             in
             minimis
             quoque
             rebus
             antiquae
             consuetudinis
             momenta
             servanda
             .
             Proxime
             enim
             ad
             demum
             accidit
             Antiquitas
             ,
             aeternitatis
             quadam
             imagine
             .
             Grot.
             de
             Antiq.
             Rep.
             Batav
             .
             in
             Praefat.
             
          
           
             Ceteris
             mortalibus
             in
             eo
             stare
             consilia
             ,
             quid
             sibi
             conducere
             putent
             :
             Principium
             diversam
             esse
             sortem
             ,
             quibus
             praecipua
             rerum
             ad
             summam
             dirigenda
             .
             Tacitus
             Annal.
             l.
             4.
             
          
           
             †
             Vide
             the
             Earl
             of
             
             Shastsbury's
             Speech
             to
             the
             Parliament
             1672.
             
          
           
             Si
             fama
             tua
             videtur
             necessaria
             ,
             rectam
             muneris
             tui
             administrationem
             non
             potest
             condonare
             .
             Lessius
             de
             Inst.
             l.
             2.
             c.
             11.
             dub
             .
             24.
             
             §.
             26.
             
          
           
             Selden
             Mare
             Clausum
             l.
             2.
             cap.
             24.
             
          
           
             Fitzherberts
             protection
             tit
             .
             46.
             
          
           
             Seld.
             ibidem
             c.
             23.
             
          
           
             Co.
             4.
             
             Iustit
             .
             fo
             .
             142.
             
          
           
             Vide
             part
             of
             the
             Record
             in
             fo
             .
             54.
             
          
           
             And
             the
             case
             29
             Eliz.
             in
             
               B.
               R.
            
             Sir
             
               John
               Constables
               ,
               Leonard
            
             3.
             part
             72
             ,
             the
             reason
             of
             the
             opinion
             there
             is
             mistaken
             :
             for
             the
             right
             unto
             the
             Sea
             ariseth
             not
             from
             the
             possession
             of
             the
             shores
             ;
             for
             the
             Sea
             and
             Land
             make
             distinct
             Territories
             ,
             and
             by
             the
             Laws
             of
             England
             the
             Land
             is
             called
             the
             Realm
             ,
             but
             the
             Sea
             the
             Dominion
             ;
             and
             as
             the
             loss
             of
             one
             Province
             doth
             not
             infer
             that
             the
             Prince
             must
             resign
             up
             the
             rest
             ;
             so
             the
             loss
             of
             the
             Land
             Territory
             doth
             not
             by
             concomitancy
             argue
             the
             loss
             of
             the
             adjacent
             Seas
             .
             I
             is
             no
             more
             necessary
             that
             every
             Sea
             Town
             should
             command
             100
             miles
             at
             Sea
             ,
             then
             that
             each
             City
             should
             command
             100
             miles
             by
             Land.
             
               Julius
               Paucius
               de
               Dom.
               maris
               Adriatici
               .
            
          
           
             Anno
             Domini
             1600.
             
          
           
             Anno
             Domini
             1609.
             
          
           
             Anno
             Domini
             1636.
             
          
           
             
               Will.
               Fulbecks
               Pandects
            
             of
             the
             Law
             of
             Nations
             c.
             4.
             
          
           
             The
             King
             against
             Sir
             
               John
               Byron
               Bridgman
            
             fo
             .
             23
             ,
             24
             ,
             25.
             
          
           
             
               Vide
               postea
            
             in
             Chap.
             of
             Customs
             .
          
           
             June
             30.
             anno
             1598.
             
          
           
             Selden
             lib.
             1.
             cap.
             11.
             
          
           
             Alber.
             Gentil
             .
             Hisp.
             Advocat
             l.
             1.
             c.
             14.
             vide
             Mr.
             Secretary
             ,
             Cookes
             
               Letter
               to
               Sir
            
             William
             Boswell
             April
             16
             ,
             1635.
             
          
           
             *
             
               The
               fight
               of
               the
            
             Dutch
             
               with
               the
            
             Spanish
             
               Fleet
               ,
               in
               the
            
             1639.
             
             Downes
             Scilicet
             hoc
             factum
             Hollan
             .
             dorum
             est
             contra
             justitiam
             omnem
             pro
             certo
             :
             &
             contra
             reverentiam
             qua
             partibus
             &
             territoriis
             debitur
             alienis
             .
             Al●…
             .
             Gent.
             Hisp.
             Advocat
             ,
             l.
             1.
             3.
             14.
             
          
           
             Anno
             Domini
             1552.
             
          
           
             Jun̄e
             2
             and
             3.
             
          
           
             About
             the
             8
             of
             ●…g
             .
             1653
             ,
          
           
             †
             
               Offered
               to
               Queen
            
             Eliz.
             Cette-cy
             entre
             autres
             merite
             bien
             une
             consideration
             speciale
             ,
             Que
             la
             conjunctiondesdits
             Pays
             de
             Hollande
             ,
             Zelande
             ,
             Frize
             ,
             &
             des
             Villes
             de
             l'Escluz
             ,
             &
             Ostende
             in
             Flandres
             ,
             avec
             les
             Royaumes
             de
             vostre
             Majesté
             ,
             emporte
             &
             soit
             l'Empire
             de
             la
             Grande
             Mer
             Oceane
             ;
             &
             par
             consequent
             une
             asseurance
             &
             Felicité
             perpetuelle
             pour
             les
             Subjects
             de
             vostre
             
               Serenissime
               Majesté
               ,
               John
               Stow
               Supplement
               to
               Holling
               shed
               .
            
             An.
             Dom.
             1585.
             
             Vide
             Sir
             
               Walter
               Raleigh
               lib.
            
             5.
             cap.
             2.
             
             §.
             2
             &
             3.
             
          
           
             Enna
             ,
             aut
             malo
             aut
             necessario
             facinere
             retenta
             .
             
               Livy
               lib.
            
             24.
             
          
           
             *
             F.
             de
             Navibus
             non
             excus
             .
             C.
             l.
             11
             tit
             .
             3.
             and
             Pekius
             
               on
               the
               same
               Law.
            
             
          
           
             Quidni
             enim
             (
             inquit
             Cicero
             )
             quando
             scire
             detremento
             sue
             potest
             ,
             alteri
             communi●…t
             ,
             in
             iis
             qu●…
             sunt
             accipienti
             utilia
             ,
             danta
             non
             molesta
             .
             1.
             de
             Offic.
             1.
             
          
           
             *
             De
             expeditione
             Cyri.
             
          
           
             10
             Ed.
             m.
             16.
             12.
             
          
           
             *
             23
             Ed.
             1.
             
             Rott
             .
             77.
             
               in
               the
               Exchequer
            
             .
          
           
             12
             E.
             3.
             
               in
               the
               Black-Book
               of
               the
               Admiralty
               p.
            
             26
             and
             27.
             6
             
             Joh.
             m.
             11.
             9.
             
             Joh.
             m.
             3.
             24.
             
             Ed.
             2.
             m.
             17.
             11
             
             R.
             2.
             m.
             13.
             
             Rot.
             Franc.
             
          
           
             De
             Offic.
             Admiral
             Angliae
             per
             Roughton
             Artic.
             10.
             
          
           
             The
             Black-Book
             of
             the
             Admiralty
             .
             fo
             .
             28
             29
             &
             157
             ,
             158.
             15.
             
             R.
             2.
             c.
             3.
             
          
           
             
               Cro.
               Arg.
            
             of
             Hampdens
             C.
             called
             the
             Ship
             money
             C.
             fo
             .
             79
             to
             100.
             
          
           
             Spelmanni
             Cnocil
             .
             Tom.
             fo
             .
             520
             ,
             521.
             
          
           
             Spelmanni
             fo
             .
             528
             expeditio
             Navalis
             .
          
           
             Rot.
             Scotiae
             10
             E.
             3.
             m.
             2.
             to
             17.
             
               and
               then
               to
            
             34.
             intus
             &
             dors
             .
             to
             28.
             
          
           
             1
             Eliz.
             cap.
             13.
             
             Vide
             Stat
             16.
             17
             
             Car.
             I.
             c.
             15.
             
          
           
             2
             &
             3
             P.
             M.
             C.
             16.
             
          
           
             Vide
             Sir
             Henry
             Spelmans
             Gloss.
             in
             tit
             .
             Admir●…
             Lambert
             Archeion
             tit
             .
             Admiral
             .
             fo
             .
             42.
             
          
           
             Exodus
             21.
             6.
             
             Inst.
             de
             Jure
             person
             .
             §.
             servi
             autem
             .
             Gell.
             l.
             2.
             
             C.
             7.
             
          
           
             Tacitus
             .
          
           
             Co.
             〈◊〉
             .
             Inflit.
             fo
             .
             358.
             
          
           
             2
             E.
             1.
             
             Memb.
             18.
             
             Rott
             .
             Pat.
             1
             E.
             1.
             m.
             17.
             
             Ro.
             sin
             .
             31
             E.
             〈◊〉
             .
             num
             .
             44.
             
             Ro.
             pat
             .
             17
             H
             ▪
             6.
             
             Ro.
             Cla.
             indors
             .
             Vide
             
               the
               Case
               of
               Bates
               ,
               in
               Lanes
               Reports
               fo
               .
            
             4.
             
          
           
             Co.
             6.
             part
             .
             Case
             of
             Souldier
             .
             Vide
             the
             1.
             
             Institutes
             fo
             .
             71.
             
          
           
             And
             the
             Stat.
             of
             which
             provides
             punishment
             for
             those
             Watermen
             ,
             which
             shall
             hide
             themselves
             ,
             does
             evidence
             what
             the
             common
             Law
             was
             as
             to
             the
             right
             of
             pressing
             which
             certainly
             would
             never
             punish
             those
             whom
             they
             could
             not
             press
             .
          
           
             †
             2
             Aprilis
             49
             E.
             3.
             in
             the
             Black-Book
             of
             the
             Admiralty
             32
             ,
             33
             ,
             34
             ,
             Art.
             and
             fo
             .
             69.
             
             Art.
             10.
             
          
           
             The
             Black-Book
             of
             the
             
               Admir
               .
               f.
            
             17.
             
          
           
             Lamb.
             inter
             Leg.
             Edovardi
             f.
             139.
             13
             
             Car.
             2.
             cap.
             9.
             
          
           
             †
             Non
             solis
             ducib●…s
             aliisque
             p●…tentibus
             innasci
             solet
             ,
             atque
             immorari
             bene
             agendi
             propositum
             ,
             sed
             cuique
             volenti
             &
             licet
             &
             honestum
             est
             ejus
             qua
             vivit
             Re●…publicae
             mali
             commoreri
             ,
             &
             publicas
             utilitates
             pro
             suis
             viribus
             promoveri
             Vide
             Grotius
             l.
             2.
             c.
             20.
             
          
           
             †
             That
             is
             as
             to
             entitle
             him
             to
             Clergy
             ,
             and
             so
             it
             was
             ruled
             by
             all
             the
             Judges
             in
             B.
             R.
             M.
             23
             Car.
             2.
             in
             the
             Case
             of
             one
             —
             found
             specially
             at
             Surrey
             Assizes
             before
             
               Mr.
               Justice
               Twisden
            
             ,
             who
             slew
             the
             adulteror
             in
             the
             very
             act
             .
             
               Vide
               August
               .
               Civit.
               Dei
               citatum
               .
               C
               quicunque
               .
               causa
            
             23
             qu.
             8.
             
          
           
             An.
             25.
             
             Eliz.
             Co.
             Litt.
             f.
             74.
             
          
           
             Code
             Justin.
             tit
             quando
             liceat
             unicuique
             
          
           
             It
             was
             in
             force
             in
             England
             till
             the
             beginning
             of
             the
             Reign
             of
             Edw.
             3ds
             .
             time
             .
             
               Co.
               Inst
            
             128.
             
             B.
             
          
           
             13
             H.
             4.
             fo
             .
             4
             ,
             5.
             
          
           
             37
             H.
             6.
             fo
             .
             3.
             
          
           
             Jugurtha
             taken
             by
             his
             Father
             in
             Law
             Bocchus
             ,
             and
             delivered
             to
             the
             
               Romans
               ;
               Charles
            
             the
             7th
             .
             of
             France
             ,
             at
             a
             personal
             Treaty
             with
             Duke
             of
             Orleans
             ,
             〈◊〉
             slew
             the
             Duke
             though
             a
             Soveraign
             Prince
             .
             
               Meyer
               l.
            
             15.
             
             
               Phil.
               Comines
               lib.
            
             4.
             c.
             9
             ,
             10.
             
          
           
             *
             As
             that
             between
             Edward
             the
             4th
             .
             and
             Lewis
             the
             11th
             .
             in
             the
             Territories
             of
             the
             Duke
             of
             Burgundy
             .
          
           
             
               Vide
               Aemilius
               Paulus
            
             in
             History
             of
             France
             ;
             and
             Ferron
             his
             supply
             of
             the
             same
             of
             the
             Life
             of
             the
             Duke
             of
             Orleans
             ,
             afterwards
             Lewis
             12th
             .
             upon
             the
             failer
             of
             issue
             male
             of
             Charles
             the
             8th
             .
          
           
             Julius
             Ferretus
             de
             legatis
             Principium
             ,
             &
             de
             〈◊〉
             side
             &
             〈◊〉
             .
          
           
             †
             The
             Leagues
             between
             the
             Crown
             of
             France
             and
             Spain
             ,
             are
             commonly
             between
             Kings
             and
             Kings
             ,
             Realm
             and
             Realm
             ,
             and
             Man
             and
             Man
             of
             their
             subjects
             ,
             and
             hath
             in
             time
             past
             been
             look●…
             upon
             to
             be
             the
             firmest
             of
             Alliances
             
               Phil.
               Comines
               lib.
            
             2.
             cap.
             8.
             
          
           
             9
             E.
             4.
             2.
             a.
             The
             League
             then
             made
             with
             the
             Scots
             ,
             and
             likewise
             between
             Ed.
             4th
             .
             and
             the
             Duke
             of
             
               Burgundy
               .
               Phil.
               Comin
               .
               lib.
            
             3.
             c.
             6.
             
          
           
             *
             Rot.
             Pat.
             4.
             
             H.
             5.
             num
             .
             4.
             
             Coke
             4.
             
             Inst.
             156.
             
          
           
             Treaty
             of
             Cambray
             ,
             the
             Confederates
             of
             which
             were
             Pope
             ▪
             Julius
             the
             2d
             .
             the
             Emperor
             ,
             King
             of
             
               France
               ,
               Spain
            
             and
             
               Arragon
               ,
               anno
            
             1558.
             
             Vide
             History
             Republique
             of
             
               Venic
               ▪
               so
            
             .
             87.
             
          
           
             Sed
             ut
             vim
             pati
             posse
             ad
             vim
             inferendam
             jus
             tribuat
             ab
             omne
             equitatis
             abhorre
             .
             Grotius
             de
             Jure
             belli
             &
             pacis
             lib.
             2.
             cap.
             15.
             
             §.
             17.
             
          
           
             League
             of
             Union
             between
             his
             Majesty
             of
             Britain
             concluded
             at
             the
             Hague
             ,
             with
             the
             
               States
               General
            
             of
             the
             United
             Northerlands
             
             January1●…
             /
             23
             anno
             1668.
             
          
           
             But
             a
             Defensive
             War
             is
             unjust
             on
             his
             part
             who
             gave
             just
             cause
             of
             war.
             
          
           
             Pontius
             Samnis
             
               after
               restitution
               made
               to
               the
            
             Romans
             ,
             
               and
               the
               author
               of
               the
               breach
               yeilded
               up
            
             expiatum
             
               (
               saith
               he
            
             )
             ex
             quicquid
             ex
             soedere
             rupto
             irarum
             in
             nos
             caelestium
             fuit
             .
             Satis
             scio
             quibuscunque
             dii
             cordi
             suit
             subigi
             nos
             ad
             necessitatem
             cedendi
             res
             ,
             iis
             non
             fuisse
             cordi
             tam
             superbi
             a
             Romanis
             foederis
             expiatio●…
             nem
             spretam
             :
             
               And
               a
               little
               after
               ,
               What
               more
               do
               ●…ow
               to
               thee
               ,
               O
            
             Roman
             ?
             
               what
               to
               the
               League
               ?
               what
               to
               the
               Gods
               ,
               the
               Judges
               of
               the
               League
               ,
               whom
               shall
               I
               bring
               unto
               thee
               to
               be
               the
               Judge
               of
               thy
               anger
               and
               of
               my
               punishment
               ?
               I
               refute
               no
               people
               ,
               nor
               private
               Men.
               
            
          
           
             †
             Anno
             1515.
             
             Vide
             Sir
             
               Rob.
               Cocten
               Remonst
            
             .
             of
             the
             Treaties
             of
             Amity
             and
             Marriage
             .
          
           
             An.
             1515.
             vide
             Sir
             Robert
             Cotton
             Remonstr
             .
             of
             Treaties
             .
          
           
             Andr●…
             Mauro●…eni
             Hist.
             Ven.
             
          
           
             †
             If
             one
             part
             hath
             violated
             the
             League
             ,
             the
             other
             may
             depart
             from
             it
             :
             for
             the
             several
             Heads
             of
             the
             League
             have
             every
             one
             the
             force
             of
             a
             Condition
             ;
             So
             Grotius
             conceives
             lib.
             2.
             
             Cap.
             13.
             
             〈◊〉
             .
             15.
             
          
           
             Soluti
             foederis
             culpam
             s●…stinent
             ,
             non
             qui
             deserti
             ad
             alios
             se
             conferunt
             ,
             sed
             quicquam
             jurati
             promiserant
             opem
             re
             non
             pr●…stant
             .
             Alibi
             apud
             eundem
             si
             vel
             tantillum
             ex
             dictis
             pars
             alterutra
             tra●…sgrederetur
             rupta
             fore
             pacta
             .
             Thucyd.
             lib.
             1.
             
          
           
             19
             E.
             4.
             
             Vide
             Stat.
             2.
             
             H.
             5.
             cap.
             6.
             
          
           
             Hill.
             14.
             
             Eliz.
             in
             the
             Duke
             of
             Norfolk's
             Case
             .
             4.
             
             
               Inst.
               fo
            
             .
             152.
             
          
           
             †
             In
             fidelitat●…
             feudali
             dicitur
             ;
             Et
             si
             scivero
             velle
             te
             aliquem
             juste
             offendere
             ,
             generaliter
             vel
             specialiter
             fuere
             requisitus
             meum
             tibi
             ,
             sicut
             potero
             praestabo
             auxilium
             .
             Orat.
             Demosthen
             .
             de
             Megalopoli
             .
          
           
             *
             Nihil
             intercedi
             ,
             quo
             minus
             Samniti
             populo
             pacis
             bellisque
             ,
             liberum
             arbitrium
             sit
             .
             Liv.
             lib.
             8.
             
          
           
             Grotius
             de
             Jure
             belli
             ac
             Pacis
             lib.
             2.
             c.
             15.
             
             §.
             13.
             
          
           
             In
             fidilitate
             feudali
             dicitur
             :
             Et
             si
             scivero
             velle
             te
             aliquem
             juste
             ostendere
             ,
             &
             inde
             generaliter
             vel
             specialiter
             fuero
             requisitus
             meum
             tibi
             sicut
             potero
             praestabo
             auxilium
             .
             Demosthenes
             Orat.
             de
             Megalopoli
             .
          
           
             Equals
             cannot
             directly
             refuse
             War
             ,
             nor
             demand
             Peace
             .
          
           
             Liv.
             3.
             
             Polybius
             in
             excerptis
             Legationum
             35.
             
          
           
             VVhen
             Edw.
             the
             4th
             .
             was
             chased
             out
             of
             the
             Kingdom
             ,
             and
             Henry
             the
             6th
             .
             was
             set
             up
             again
             ;
             yet
             by
             reason
             there
             was
             incerted
             into
             the
             same
             ,
             these
             words
             ;
             
               viz.
               With
               the
               King
               and
               Realm
               ,
            
             that
             the
             League
             did
             remain
             perpetual
             .
             
               Phil.
               Comines
               lib.
            
             3.
             c.
             6.
             
          
           
             Ulpian
             .
             Leg.
             Jure
             ▪
             Gentium
             ,
             sect
             .
             pactum
             .
             D.
             pactis
             .
          
           
             Adde
             qua
             Helvetiis
             causantur
             post
             mortem
             Henrici
             3.
             apud
             Thuanum
             ,
             lib.
             97.
             in
             An.
             1589.
             
             Vide
             &
             insignem
             locum
             apud
             Cambdenum
             in
             Anno
             1572
             ,
             ubi
             de
             Foedere
             antiquo
             Gall.
             &
             Scotis
             .
          
           
             a
             Quintus
             said
             to
             Nabis
             ,
             VVe
             have
             made
             no
             friendship
             nor
             society
             with
             thee
             ,
             but
             with
             Pelops
             the
             just
             and
             lawfull
             King
             of
             the
             Lacedemonians
             .
          
           
             b
             11
             Hen.
             7.
             cap.
             1.
             
          
           
             c
             4
             E.
             4.
             1.
             5.
             
             E.
             4.
             12.
             3
             
             Inst.
             f.
             7.
             
          
           
             Ed.
             4.
             in
             An.
             1470.
             
          
           
             Phil.
             Comines
             l.
             3.
             c.
             6.
             
          
           
             Reges
             qui
             Regnis
             ex
             uti
             ,
             sunt
             ,
             cum
             aliis
             regni
             bonis
             etiam
             jus
             legandi
             perdiderunt
             .
          
           
             
               Peter
               Mathew
            
             History
             of
             France
             in
             the
             Life
             of
             Henry
             the
             Third
             .
          
           
             Vide
             Peter
             Mathews
             Hist.
             of
             France
             
               in
               Vita
               Hen.
            
             4.
             
          
           
             
               In
               Regno
               diviso
               gens
               una
               ,
               pro
               tempore
               quasi
               duae
               gentes
               habentur
               :
            
             And
             Princes
             are
             to
             have
             an
             eye
             to
             the
             Power
             which
             each
             Kingdom
             hath
             to
             afford
             benefit
             one
             to
             the
             other
             ,
             and
             not
             to
             examine
             their
             Titles
             .
          
           
             
               Andronicus
               post
               Rhodius
               Aristotelem
               ,
               amicitiae
               inter
               partes
               ,
               hoc
               ait
               proprium
               ut
               potentiori
               plus
               honoris
               infermori
               plus
               auxilii
               deferatur
               .
               in
               Grotius
               lib.
            
             1.
             cap.
             3.
             
             §.
             21.
             num
             .
             2.
             
             It
             is
             the
             property
             of
             friendship
             'twixt
             unequals
             ,
             that
             the
             stronger
             have
             more
             honour
             ,
             and
             the
             weaker
             have
             more
             help
             :
             Proculus
             adds
             that
             such
             a
             clause
             is
             incerted
             in
             the
             League
             ,
             to
             signify
             the
             one
             is
             superior
             in
             authority
             and
             dignity
             ;
             for
             both
             are
             free
             ,
             but
             are
             
               sub
               patrocinio
               ,
               non
               subditione
               .
               Livy
               lib.
            
             37.
             
             
               Cicero
               Offic.
            
             2.
             
          
           
             Leg.
             non
             dubit
             .
             D.
             de
             Cap.
             
          
           
             The
             Genoeses
             having
             put
             themselves
             in
             the
             protection
             of
             the
             French
             King
             ,
             revolted
             ;
             he
             thereupon
             changed
             their
             conditions
             into
             Priviledges
             ,
             to
             the
             end
             it
             might
             be
             in
             his
             will
             to
             deprive
             them
             when
             he
             should
             think
             fit
             .
          
           
             Vide
             Cardinal
             .
             Thuse
             .
             P.
             P.
             ●…oncl
             .
             935.
             
          
           
             This
             holds
             as
             well
             between
             Leagues
             equal
             〈◊〉
             equal
             .
          
           
             〈◊〉
             de
             Jure
             〈◊〉
             ac
             Pacis
             li●…
             .
             1
             ▪
             cap.
             3.
             
             〈◊〉
             〈◊〉
             
          
           
             
               This
               hath
               the
               same
               right
               in
               Leagues
               that
               are
               equal
               .
            
             Nam
             ut
             quis
             ultionem
             sumat
             ab
             eo
             qui
             peccavit
             satis
             est
             ut
             ipse
             ei
             qui
             peccavit
             subditus
             ▪
             non
             sit
             .
             Grot.
             de
             Jure
             Be●…i
             lib.
             1.
             cap.
             3.
             
             §.
             21.
             n.
             5.
             
          
           
             But
             that
             proves
             not
             any
             power
             of
             commanding
             ,
             for
             Princes
             do
             usually
             try
             their
             causes
             before
             Judges
             of
             their
             own
             choosing
             .
             
               〈◊〉
               .
               lib.
               cap.
            
             3.
             
             §.
             21.
             n.
             6.
             
          
           
             Decet
             eos
             qu●…
             Foederis
             Principes
             sant
             circa
             suas
             quidem
             utilitates
             ,
             nihil
             praecip●…
             sumere
             ;
             ●…t
             in
             communibus
             rebus
             curandis
             emiueresupra
             caeteros
             in
             Orat.
             Corinthiorum
             .
          
           
             Oldradus
             Cons.
             1.
             
          
           
             Gregorus
             Perjurum
             Deo
             culpam
             impingit
             negligenti●…
             ▪
             
          
           
             Upon
             the
             wo●…s
             E●…ing
             and
             Eu●…g
             ,
             to
             retain
             the
             
               L●…grave
               of
               Hesse
            
             .
          
           
             Famous
             was
             the
             answer
             of
             the
             Carthaginians
             Senate
             to
             the
             Romans
             ,
             upon
             the
             assaulting
             of
             
               Saguntum
               ;
               Ego
               non
               privato
               publicove
               consilio
               Saguntum
               oppugnatum
               ,
               si
               quaerendum
               censeo
               ;
               sed
               utrum
               jure
               an
               injuria
               ;
               nostra
               enim
               haec
               quaestio
               atque
               animdversio
               in
               Civem
               nostrum
               ,
               est
               nostrum
               an
               suo
               fecerit
               arbitrio
               vobiscum
               una
               disputatio
               est
               ,
               licuerit
               ne
               per
               soedus
               fieri
            
             ;
             Whether
             Saguntum
             was
             assaulted
             by
             Private
             or
             publique
             Councel
             ,
             we
             conceive
             it
             not
             to
             be
             made
             the
             question
             ;
             but
             this
             ,
             whether
             it
             was
             assaulted
             justly
             or
             unjustly
             ,
             for
             to
             our selves
             an
             account
             is
             to
             be
             given
             by
             our
             Citizens
             ,
             whether
             it
             did
             it
             of
             himself
             ,
             or
             by
             Commission
             ;
             with
             you
             alone
             this
             is
             dispensable
             ,
             whether
             it
             were
             a
             violation
             of
             the
             League
             ,
             or
             no
             ,
             
               Livius
               lib.
            
             31.
             
          
           
             †
             Grotius
             de
             Jure
             Belli
             ac
             Pacis
             lib.
             2.
             ch
             .
             15.
             
             §.
             15.
             
          
           
             In
             fide
             quid
             senseris
             non
             quid
             dixeris
             cogitandum
             .
             Cic.
             de
             Offic.
             1.
             
          
           
             In
             L.
             non
             possunt
             .
             D.
             de
             Legibus
             .
          
           
             Vide
             exemplum
             in
             L.
             cum
             virum
             .
             C.
             de
             fidei
             commissis
             .
          
           
             Grotius
             lib.
             2.
             cap.
             16.
             
             §.
             12.
             
          
           
             In
             the
             Truce
             that
             was
             made
             between
             Edw.
             the
             4th
             .
             and
             Lewis
             the
             11th
             there
             was
             like
             provision
             made
             for
             Charles
             Duke
             of
             Burgundy
             ,
             but
             he
             refused
             ,
             and
             concluded
             a
             Peace
             for
             himself
             a
             part
             ,
             being
             angry
             with
             Edw.
             the
             4th
             .
             for
             making
             the
             same
             ,
             
               Philip.
               Com.
            
             lib.
             4.
             c
             40.
             
             So
             Lewis
             the
             11th
             .
             concluded
             a
             Truce
             for
             nine
             Years
             with
             Edw.
             the
             4th
             .
             when
             he
             had
             invaded
             
               France
               ,
               Phil.
               Com.
               lib.
            
             4.
             cap.
             8.
             
          
           
             *
             For
             the
             Right
             remains
             with
             him
             :
             how
             ever
             ,
             he
             hath
             lost
             the
             possession
             .
             
               Grot.
               de
               Jure
               Belli
               ac
               Pacis
               lib.
            
             2.
             ch
             .
             16.
             
             §.
             18.
             
          
           
             2
             H.
             5.
             cap.
             6.
             
          
           
             20
             H.
             6.
             cap.
             11.
             
          
           
             †
             And
             at
             the
             the
             Lords
             of
             Request
             of
             and
             Commons
             was
             pardoned
             ,
             he
             making
             satisfaction
             for
             the
             losse
             .
             11
             H.
             4.
             
               ad
               Parliament
               tent
               quenden
               Hill.
               vide
               Cotton
               Abridgement
               .
            
             19
             E.
             4.
             6.
             
             B.
             18
             H.
             6.
             ca
             4.
             20
             
             H.
             6.
             cap.
             1.
             
          
           
             19
             E.
             4.
             6.
             
             B.
             
          
           
             Maxime
             .
          
           
             Rott
             .
             Scotiae
             de
             An.
             10
             E.
             3.
             m.
             36.
             intus
             de
             puniendo
             illos
             qui
             contra
             formam
             Treugae
             hominibus
             de
             Scotiae
             concess●…
             deliquerint
             .
          
           
             Much
             practised
             by
             the
             Free
             Princes
             and
             States
             of
             the
             Empire
             .
          
           
             †
             An.
             1674
             Consul
             Quintus
             ad
             Achaeos
             ,
             quod
             optimum
             esse
             di
             cant
             non
             inter●…erponi
             vos
             bello
             :
             imo
             nihil
             tam
             alienam
             rebus
             vestris
             est
             :
             Quippe
             sine
             gratia
             ,
             ne
             lignitate
             praemiu●…
             〈◊〉
             eritis
             .
             Lucius
             lib.
             35
             Scripta
             Ammirat
             disc
             .
             polit
             .
             l.
             18.
             disc
             .
             polit
             .
          
           
             Pompon
             .
             Leg.
             si
             quis
             .
             D.
             de
             Lecationibus
             .
          
           
             Livy
             lib.
             1.
             6.
             
          
           
             Kings
             conquer
             ed
             in
             a
             solemn
             War
             ,
             and
             deprived
             of
             their
             Kingdom
             with
             other
             Royalties
             ,
             loose
             the
             right
             Legation
             .
             
               P.
               Aemilius
            
             detain'd
             the
             Heralds
             of
             Perseus
             ,
             whom
             he
             conquered
             .
          
           
             †
             
               P.
               Poole
            
             a
             Traitor
             ,
             fled
             to
             Rome
             ,
             the
             Pope
             sent
             him
             Ambassador
             to
             the
             French
             King
             ,
             of
             whom
             the
             King
             of
             England
             demands
             his
             Subject
             ,
             
               sed
               non
               praevaluit
               .
               Co.
               Inst.
            
             3.
             fo
             .
             153.
             
          
           
             Rot.
             Pat.
             3.
             
             R.
             2.
             num
             18.
             
          
           
             *
             Legatus
             ejus
             vice
             fungitur
             a
             quo
             destinatur
             ,
             &
             honorandus
             est
             sicut
             ille
             cujus
             vicem
             gerit
             ,
             &
             Legatos
             violare
             ,
             contra
             jus
             Gentium
             est
             .
             ●…2
             Assize
             pl.
             49.
             
             
               Note
               ,
               this
               was
               3
               years
               before
               the
               making
               of
               the
               Stat.
               of
            
             25
             E.
             3.
             quaere
             
               if
               such
               a
            
             Prorex
             
               is
               within
               the
               Stat
               ,
               at
               this
               day
               .
            
          
           
             Cambden
             157●…
             quaestionum
             ibi
             pro
             posticarum
             quarta
             .
          
           
             Daniels
             Hist.
             of
             Henry
             the
             Second
             .
          
           
             Carolus
             quintus
             Imp.
             Galliae
             Venetorum
             &
             Florentinorum
             ad
             bellum
             sibi
             indicendum
             missos
             d●…duci
             jussit
             in
             locum
             qui
             a
             comitatu
             sno
             abesset
             ,
             triginta
             millarum
             aria
             ,
             Guic.
             l.
             18.
             
             Bellaius
             lib.
             3.
             
          
           
             †
             Card.
             Arnold
             .
             Ossat
             
               in
               his
            
             353
             Epistle
             .
             Coke
             4.
             
             Iust.
             153.
             
          
           
             Menander
             Protector
             Justino
             Imper.
             Avarorum
             Legatos
             contra
             jus
             Legationum
             in
             vinculis
             habuit
             Cothmannum
             Resp.
             32.
             num
             .
             29.
             
             Co.
             Inst.
             4.
             153.
             2.
             
             H.
             5.
             
             Cap.
             6.
             20
             
             H
             6
             :
             Cap.
             11.
             
          
           
             *
             Quanquam
             visi
             sunt
             commisisse
             ut
             Hostium
             loco
             essent
             ,
             jure
             tamen
             Gentium
             valuit
             :
          
           
             †
             Fit
             reus
             magis
             ex
             equo
             bonoque
             quam
             ex
             jure
             Gentium
             ,
             Bomilicari
             comes
             ei
             qui
             Romam
             fide
             publ
             .
             venerat
             .
          
           
             An
             Enemy
             is
             boundtowhom
             they
             are
             sent
             ,
             〈◊〉
             their
             Pri●…ge
             oblid●…
             〈◊〉
             those
             〈◊〉
             whose
             〈◊〉
             th●…
             〈◊〉
             without
             leave
             .
             For
             if
             they
             go
             to
             ,
             or
             come
             from
             their
             Enemies
             ,
             or
             make
             a●…y
             hostile
             attemp●…
             they
             may
             be
             slain
             .
             
               Livy
               lib.
            
             26.
             
          
           
             Grotius
             de
             jure
             B●…li
             ●…c
             Pacis
             lib
             〈◊〉
             Cap.
             18
             §.
             4.
             n●…
             .
             4
             &
             5.
             
          
           
             Senatus
             faciem
             secu●…
             attulerat
             auctoritatem
             Reip
             M.
             Tullius
             8.
             
          
           
             *
             Co.
             Inst.
             4.
             f.
             152.
             
          
           
             Sic
             Carolus
             quintus
             Legato
             Ducis
             Mediolanensis
             ut
             subditi
             sui
             imperavit
             ,
             ne
             a
             Comitatu
             suo
             ab●…cederet
             ,
             Guicciardi
             indicat
             jam
             loc
             .
          
           
             Hill.
             13
             Eliz.
             Bishop
             of
             Rosses
             Case
             Co.
             4.
             
             Inst.
             15●…
             .
          
           
             August
             .
             de
             Leg.
             Antiq.
             Rom.
             
          
           
             Acta
             Tride●…
             Concilii
             .
          
           
             Pompon
             .
             Leg.
             ult
             .
             D.
             de
             L●…
             patis
             .
          
           
             Benedict
             .
             in
             Vita
             Henr.
             2.
             〈◊〉
             
          
           
             Colloquium
             Machiav
             .
             lib.
             2.
             cap.
             28.
             
          
           
             Rott
             .
             Scaccar
             .
             Westm.
             Claus.
             Edw.
             primi
             .
          
           
             Bulstr.
             3.
             part
             .
             fo
             .
             28.
             
               cited
               in
            
             Marshe's
             Case
             .
          
           
             Sir
             Henry
             Woot
             on
             fo
             .
             211.
             stat
             .
             Cris.
             
          
           
             Vide
             Sir
             Robert
             Cottens
             posthum
             .
             
               and
               the
               Proposit.
               to
               K.
            
             James
             .
          
           
             
          
           
             The
             opinion
             of
             the
             Lord
             Coke
             4.
             
             Inst.
             153
             ,
             &c.
             
          
           
             Hobart
             f.
             71.
             
          
           
             *
             Distingui
             ferme
             ac
             in
             re
             solent
             crimine
             .
             Vide
             ●…utam
             l.
             10.
             ubi
             Rex
             Galliae
             hans
             ab
             causam
             ●…ratus
             ●…acatur
             .
             Vide
             euadem
             lib.
             11.
             
             †
             Grot.
             de
             jure
             Belli
             ac
             Pacis
             l.
             18.
             
             §.
             4
             ,
             5
             ,
             6
             ,
             7.
             
          
           
             
               Rex
               facisne
               metu
               regium
               nuntium
               populi
               Romani
               Quiritum
               vasa
               comitesque
               meos
               :
            
             yet
             an
             Ejectment
             hath
             been
             brought
             and
             left
             at
             the
             house
             of
             the
             Ambassador
             ,
             and
             it
             was
             allowed
             good
             ,
             and
             conceived
             no
             breachof
             their
             priviledge
             in
             the
             case
             of
             
               Monsieur
               Co●…bert
            
             ,
             for
             York
             House
             .
             Mich.
             28
             Car.
             2.
             
               in
               Banc.
               Reg.
            
             
          
           
             †
             Grot.
             de
             jure
             Belli
             ac
             Pacis
             lib.
             2.
             cap.
             18.
             
          
           
             *
             
               Co.
               Inst.
            
             4.
             153.
             
             Certain
             it
             is
             that
             none
             dareth
             presume
             to
             meddle
             either
             with
             their
             Persons
             ,
             Goods
             or
             Servants
             ,
             without
             leave
             had
             ,
             the
             contempt
             of
             which
             has
             been
             punish'd
             with
             imprisonment
             .
          
           
             Barkseate
             in
             memor
             .
             Grotii
             .
          
           
             †
             Bodinus
             de
             Repub.
             l.
             3.
             
          
           
             *
             Jac.
             Aug.
             〈◊〉
             l.
             27.
             ●…ta
             Augu●…
             Barbadico
             〈◊〉
             of
             Vec
             〈◊〉
             .
             1
             86.
             
          
           
             Paulus
             Par●…ta
             in
             Hist.
             Venice
             lib.
             7.
             
          
           
             Zeno
             interceeding
             for
             the
             Magnets
             to
             
               T.
               Quintus
            
             ,
             and
             the
             Legates
             ,
             with
             him
             besought
             them
             with
             tears
             ;
             
               ne
               unius
               amentiam
               civitati
               assignarent
               ,
               suo
               quemque
               periculo
               facere
               .
               Livy
               lib.
            
             40.
             
          
           
             For
             the
             knowledge
             of
             the
             cause
             ought
             to
             proceed
             the
             dedition
             ;
             
               non
               decet
               homines
               dedere
               causa
               non
               cognita
               Plutarch
            
             in
             his
             Romulus
             .
          
           
             Attainted
             by
             Act
             of
             Parliament
             12
             H.
             7
             :
             Co.
             Inst.
             f.
             180.
             
          
           
             5
             H.
             8.
             vide
             Lord
             Herberts
             Hist.
             of
             Henry
             the
             Eighth
             .
             Pipin
             receiv'd
             and
             would
             not
             deliver
             up
             those
             that
             fled
             to
             him
             out
             of
             Newstria
             ,
             opprest
             by
             Tyranny
             .
             
               Frededegar
               .
               in
               reb
               .
               Pep
               .
               an
               .
            
             1188.
             
          
           
             *
             Yet
             out
             of
             Churches
             beyond
             Seas
             for
             private
             offences
             ,
             which
             are
             universal
             Sanctuaries
             ,
             the
             offenders
             have
             been
             taken
             out
             in
             
               Lusitania
               ,
               Ferdinand
            
             Lord
             Chamberlain
             was
             taken
             by
             force
             out
             of
             the
             Church
             and
             burnt
             ,
             for
             forcing
             a
             Noble
             Virgin.
             
               Mariana
               lib.
            
             11.
             
             Charles
             Duke
             of
             Burgundy
             delivered
             up
             to
             Lewis
             the
             11th
             .
             the
             Earl
             of
             
               St.
               Paul
               ,
               Constable
               of
               France
               ,
            
             who
             flying
             to
             some
             of
             his
             own
             Cities
             ,
             obtained
             Letters
             of
             Safe-Conduct
             to
             come
             and
             commune
             with
             the
             Duke
             ,
             in
             order
             to
             the
             making
             his
             peace
             with
             the
             King
             ,
             but
             the
             Duke
             after
             he
             had
             him
             in
             custody
             ,
             delivered
             him
             to
             the
             King
             of
             France
             ,
             who
             immediately
             after
             cut
             off
             his
             head
             .
             
               Phil.
               Comines
               lib.
            
             4.
             c.
             12.
             
          
           
             †
             
               Ludovicus
               Pius
            
             ,
             the
             Emperor
             ,
             received
             those
             that
             fled
             to
             him
             from
             the
             
               Roman
               Church
            
             ,
             as
             appears
             by
             his
             Decree
             anno
             817.
             and
             Luther
             himself
             did
             not
             want
             Princes
             to
             protect
             him
             from
             the
             fury
             of
             St.
             Peter's
             Chair
             .
             Vide
             his
             Colloquiums
             printed
             in
             
               London
               an
            
             .
             1663.
             
          
           
             Livy
             :
             vide
             Sir
             Walter
             Raleigh
             lib.
             5.
             cap.
             6.
             
             〈◊〉
             .
             2.
             
          
           
             34
             Elizabethae
             Cambden
             f.
             35.
             
          
           
             Vide
             Cambd.
             anno
             1585.
             
          
           
             An.
             1660.
             
          
           
             That
             politik
             Princes
             gave
             the
             Scots
             a
             more
             equitable
             answer
             ,
             when
             they
             demanded
             Bothwell
             ,
             she
             answered
             ,
             that
             she
             would
             either
             render
             him
             up
             ,
             or
             send
             him
             out
             of
             
               England
               ,
               Cambden
               annh
            
             1593.
             
          
           
             Hist.
             Rep.
             Ven.
             in
             Vita
             Tebastiano
             Cynei
             
               Duke
               of
            
             Venice
             An.
             1164.
             
          
           
             Phil.
             Comines
             lib.
             1.
             cap.
             1.
             
          
           
             Idem
             de
             finibus
             3
             Vir
             bonus
             &
             sapiens
             ,
             &
             Legibus
             parens
             ,
             &
             civilis
             officii
             non
             ignarus
             ,
             utilitati
             omnium
             plus
             quam
             unus
             alicujus
             aut
             suae
             consulit
             .
             
               And
               in
            
             Livy
             
               there
               is
               a
               most
               excellent
               saying
               of
               some
            
             Molosians
             ,
             Equidem
             pro
             Patria
             qui
             lethum
             oppetissent
             saepe
             fando
             audivi
             :
             qui
             Patriam
             pro
             se
             per●…e
             aequum
             censerrent
             ,
             hi
             primi
             inventi
             sunt
             .
             Livy
             lib.
             45.
             
          
           
             †
             Leg.
             Desert
             .
          
           
             *
             Co.
             Inst.
             3.
             fo
             .
             199.
             
          
           
             Plutarch
             Phocion
             .
             Fides
             agi
             visa
             deditos
             non
             prodi
             .
             Livy
             lib.
             7.
             
             Satius
             judicemus
             esse
             paucos
             aliquos
             mala
             ferre
             ,
             quam
             immensa●…
             multitudinem
             .
          
           
             The
             Son
             of
             Pompey
             was
             so
             worthy
             a
             Son
             of
             so
             great
             a
             Father
             ,
             that
             he
             contended
             with
             Anthony
             and
             Augustus
             ,
             about
             the
             
               Empire
               of
               the
               World
            
             ;
             this
             Pompey
             entertaining
             Anthony
             and
             Augustus
             in
             his
             Gally
             ;
             the
             Captain
             which
             commanded
             it
             ,
             demanded
             leave
             of
             him
             to
             weigh
             Ancor
             and
             to
             carry
             away
             his
             guests
             ,
             and
             to
             make
             prisoners
             of
             his
             Rivals
             :
             he
             answered
             him
             ,
             that
             he
             ought
             to
             have
             done
             it
             without
             telling
             him
             of
             it
             ,
             and
             should
             have
             made
             him
             great
             ,
             without
             having
             made
             him
             forsworn
             :
             certainly
             ,
             an
             honest
             Person
             will
             never
             be
             of
             the
             mind
             of
             this
             Captain
             ;
             therefore
             in
             such
             extremities
             ,
             Councellors
             either
             for
             high
             advantages
             ,
             or
             in
             the
             great
             necessities
             of
             their
             Prince
             ,
             should
             serve
             their
             Masters
             with
             their
             Estates
             and
             Goods
             ,
             but
             not
             with
             their
             Honour
             and
             Conscience
             .
          
           
             Rott
             .
             Rome
             A●…
             4
             E.
             〈◊〉
             .
             M.
             17
             ▪
             Dorso
             .
          
           
             Rott
             .
             Rome
             4
             E.
             2.
             
             M.
             16.
             4
             
             Dorso
             .
          
           
             Claus.
             8.
             
             E.
             2.
             
             M.
             31.
             
             Dors●…
             .
             pro
             Rege
             .
          
           
             
          
           
             *
             Deut.
             13.
             
          
           
             Matth.
             22.
             20.
             
          
           
             †
             Coke
             3.
             
             Inst.
             fo
             .
             16
             ,
             17.
             
          
           
             Procopius
             
               in
               the
               third
               of
            
             Gott●…
             .
             of
             Totilas
             ,
             
               when
               he
               beseiged
            
             Rome
             ,
             saith
             ,
             Agricolis
             interim
             per
             omnem
             Italiam
             nihil
             mali
             intulit
             ,
             sed
             jussit
             eos
             ita
             ,
             ut
             soliti
             erant
             terram
             perpetuo
             ,
             securos
             colere
             ,
             modo
             ut
             ipsum
             Tributa
             perferent
             :
             
               This
               ,
               saith
            
             Cassiodore
             ,
             
               is
               the
               greatest
               praise
               ,
               12.
               15.
               
            
          
           
             *
             4
             H.
             4.
             2.
             
          
           
             †
             44
             E.
             3.
             14
             
             :
             H.
             4.
             3.
             
             〈◊〉
             3.
             
             Inst.
             f.
             68.
             
          
           
             
          
           
             †
             Exemplum
             nobile
             vide
             apud
             Pautam
             lib.
             8.
             
             Grotius
             lib.
             3.
             cap.
             17.
             
          
           
             *
             Grotius
             de●…
             Jure
             Be●…i
             ac
             Pacis
             l.
             3
             c.
             8.
             
          
           
             Jure
             hoc
             evenit
             ut
             quod
             quisque
             ob
             tutelam
             corporis
             sui
             ,
             〈◊〉
             fecisse
             existimur
             .
          
           
             †
             Leg.
             ut
             vim
             .
             D.
             de
             just
             .
             &
             jur
             .
          
           
             *
             And
             that
             is
             apparently
             evinced
             ,
             by
             the
             Laws
             of
             Leagues
             ;
             for
             such
             being
             made
             ,
             the
             same
             remains
             although
             the
             same
             King
             ,
             or
             his
             successor
             be
             driven
             out
             of
             his
             Kingdom
             ,
             for
             the
             right
             of
             the
             Kingdom
             remains
             although
             he
             hath
             lost
             the
             possession
             .
             
               Grot.
               de
               Jure
               Belli
               ac
               Pac●…s
               l.
            
             2.
             c.
             17.
             
             §.
             19.
             
          
           
             In
             Reipublicam
             idem
             est
             nimium
             ,
             &
             nihil
             mereri
             .
          
           
             Procopius
             Hist.
             Vandall
             ,
             in
             Vita
             Bellis
             .
          
           
             Vide
             Sir
             
               Walter
               Raleigh
               l.
            
             5.
             c.
             6.
             
             §.
             2.
             
             And
             in
             that
             whole
             Paragr
             .
             the
             ingratitude
             that
             hath
             been
             shown
             by
             Princes
             to
             many
             a
             Brave
             and
             Noble
             General
             &
             Commander
             ,
             there
             particularly
             enumerated
             .
          
           
             De
             Castrensi
             peculio
             ,
             &
             C.
             demit
             .
             l.
             12.
             
             C.
             de
             errogatione
             ●…ilitaris
             an●…onae
             ,
             &
             C.
             de
             ●…est
             .
             Militari
             .
          
           
             13
             Car.
             2.
             cap.
             9.
             
             Artic.
             2.
             
          
           
             *
             By
             Orders
             of
             His
             Royall
             Highness
             .
          
           
             Artic.
             1.
             
          
           
             Artic.
             3.
             
          
           
             Livy
             lib.
             2.
             cap.
             §.
             ult
             .
             ad
             Leg.
             Corn.
             de
             ●…icariis
             pun
             .
          
           
             Stat.
             13.
             
             Car.
             2.
             cap.
             9.
             
             Art.
             3.
             
          
           
             Artic.
             4.
             
          
           
             Ad
             Leg.
             Corn.
             de
             siartis
             pun
             .
          
           
             Tacit
             Hist.
             5.
             
          
           
             Bartol
             .
             Leg.
             nullus
             .
             Leg.
             2.
             de
             Judaeis
             Caelicolis
             .
          
           
             Procopius
             Goth.
             1.
             
          
           
             Stat.
             13
             :
             Car
             2.
             cap.
             9.
             art
             .
             5.
             
          
           
             Artic.
             6.
             
          
           
             Leg.
             Naturalem
             §.
             ult
             .
             D.
             de
             Atq.
             rerum
             Dom.
             tit
             .
             de
             rerum
             div
             .
          
           
             *
             By
             the
             donation
             of
             His
             Majesty
             .
          
           
             Artic.
             7.
             
          
           
             Artis
             .
             8.
             
          
           
             Hist.
             Repbl
             .
             Venet.
             fo
             .
             127
             ,
             128.
             
          
           
             Artic.
             8.
             
          
           
             Croesus
             perswading
             Cyrus
             
               not
               to
               give
               up
            
             Lydia
             
               to
               be
               pillaged
               by
               his
               Men
               ,
               tels
               him
               ,
            
             Non
             mean●…
             ,
             inquit
             ,
             non
             res
             meas
             diripes
             ,
             nihil
             enim
             ad
             me
             jam
             ista
             adpertinent
             :
             tua
             sunt
             ,
             tua
             illi
             perdent
             ,
             Herod
             .
             lib.
             1.
             
          
           
             *
             Victor
             .
             de
             Jure
             Belli
             n.
             49
             ,
             &
             60.
             
          
           
             †
             D.
             &
             C.
             de
             Juris
             &
             facto
             ign
             .
          
           
             Princes
             indeed
             are
             Gods
             ,
             but
             neither
             do
             the
             Gods
             hear
             the
             prayer
             of
             suppliants
             ,
             except
             they
             be
             just
             .
          
           
             *
             The
             Syracusians
             were
             accused
             for
             that
             they
             slew
             the
             Wives
             and
             Children
             of
             Hycetas
             ,
             because
             Hycetas
             had
             slain
             the
             Sister
             and
             Son
             of
             
               Dyon
               .
               Plutarch
               ,
               Timon
               ,
               &
               Dione
               .
            
          
           
             †
             In
             England
             when
             the
             Admirall
             would
             have
             the
             Van
             of
             the
             Fleet
             to
             tack
             first
             ,
             the
             Admirall
             did
             generally
             put
             aboard
             the
             Union-Flagg
             ,
             at
             the
             staff
             on
             the
             fore-top
             Mast-head
             (
             that
             was
             when
             the
             Red
             Flagg
             was
             not
             abroad
             .
             )
             But
             if
             the
             Red
             Flagg
             had
             been
             abroad
             ,
             then
             the
             fore-top-fall
             was
             to
             be
             loared
             a
             little
             ,
             and
             the
             Union
             Flagg
             was
             to
             be
             spred
             from
             the
             Cap
             of
             the
             fore-top-Mast
             downwards
             .
             When
             the
             Reer
             of
             the
             Fleet
             was
             to
             tack
             first
             ,
             the
             Union
             Flagg
             was
             put
             abroad
             on
             the
             Flagg
             staff
             of
             the
             Mizon-top-Mast-head
             ,
             upon
             which
             two
             signals
             the
             Flagg
             Ships
             were
             to
             continue
             the
             same
             signals
             on
             their
             Ships
             ,
             till
             the
             same
             was
             answered
             :
             when
             the
             Admirall
             would
             have
             all
             the
             Ships
             to
             fall
             into
             the
             Order
             of
             Battle
             prescribed
             at
             the
             
               Councell
               of
               War
            
             ,
             the
             Union
             Flagg
             was
             put
             on
             the
             Mizon
             Peake
             of
             the
             
             Admirall's
             Ship
             ,
             upon
             sight
             of
             which
             the
             Admiralls
             of
             the
             other
             Squadrons
             were
             to
             answer
             it
             by
             doing
             the
             like
             signall
             ,
             when
             the
             Admirall
             would
             have
             the
             other
             Squadrons
             to
             make
             more
             saile
             ,
             though
             himself
             shorten
             saile
             ,
             a
             white
             Ensign
             was
             put
             on
             the
             Ensign
             staff
             of
             the
             
             Admirall's
             Ship
             :
             Instruction
             first
             of
             May
             1666.
             but
             yet
             signals
             may
             be
             altered
             or
             changed
             as
             often
             as
             it
             shall
             please
             the
             Admirall
             to
             think
             the
             same
             necessary
             and
             convenient
             .
          
           
             Lipsius
             de
             Mil.
             Rom.
             l.
             1.
             dial
             .
             6
             ,
             &
             4.
             
             And
             Polybius
             
               expresseth
               the
               Oath
               thus
            
             ,
             Obtemperaturus
             sum
             ,
             &
             fact●…rus
             quiquid
             maendabitur
             〈◊〉
             ad
             Imperatoribus
             ,
             juxta
             vires
             :
             
               and
               such
               ,
               saies
               he
               ,
               were
               termed
            
             Milites
             per
             Sacramentum
             .
          
           
             Xenoph.
             Cyr.
             Plutaroh
             Quaest.
             Rom.
             39
             ,
             &
             Marcello
             .
          
           
             Vide
             in
             Tit.
             Ships
             of
             War.
             
          
           
             †
             Leg.
             desertorem
             .
             D●…
             de
             re
             Milit.
             
          
           
             *
             Livy
             lib.
             7.
             
             Manliani
             Imperia
             .
          
           
             The
             Order
             of
             Battle
             is
             to
             be
             preserved
             ,
             and
             in
             all
             cases
             they
             are
             to
             endeavour
             to
             keep
             in
             one
             line
             as
             much
             as
             may
             be
             ;
             and
             though
             they
             have
             beaten
             some
             of
             the
             Enemy
             ,
             yet
             must
             they
             not
             pursue
             a
             small
             number
             ,
             before
             the
             main
             of
             the
             Enemy
             be
             bearen
             or
             run
             .
             Nor
             ought
             they
             in
             chacing
             ,
             chase
             beyond
             sight
             of
             the
             Flagg
             ,
             and
             at
             night
             all
             chacing
             Ships
             are
             to
             return
             to
             the
             Flagg
             .
             Just.
             22
             ,
             23
             in
             1.
             
             May
             1666.
             
          
           
             *
             Hist.
             of
             the
             Reipub.
             of
             Ven
             fo
             .
             170
             ,
             171.
             
          
           
             Artic.
             11.
             
          
           
             Artic.
             12.
             
          
           
             Cicero
             Offic
             ▪
             1
             ,
             &
             2.
             
          
           
             Grotius
             de
             Jure
             Belli
             ac
             Pacis
             lib.
             1.
             cap.
             2.
             
             §.
             1
             ,
             .
          
           
             
               Misericordia
               infortuniis
               debitur
               :
               atqui
               deliberati
               scientia
               male
               agit
               ,
               non
               infelix
               ,
               sed
               injustus
               :
            
             And
             Cicero
             hath
             a
             saying
             out
             of
             Demosthenes
             ;
             We
             must
             shew
             compassion
             to
             those
             whom
             fortune
             ,
             not
             their
             own
             deeds
             have
             made
             miserable
             .
          
           
             
               Scipio
               Aemilianus
            
             at
             the
             overthrow
             of
             Carthage
             ,
             proclaimed
             that
             they
             should
             fly
             that
             would
             .
             
               Polybius
               ,
               vide
               Tacitus
               Annal.
            
             12.
             
          
           
             Vide
             Serran
             .
             in
             reb
             Franc.
             1.
             
             &
             Hen.
             2
             Thueyd
             .
             lib.
             3.
             
          
           
             *
             Caesar
             l.
             2
             de
             Bello
             Gallico
             
          
           
             †
             Dinand
             in
             Germany
             ,
             being
             taken
             by
             assault
             ,
             the
             town
             was
             raised
             and
             burnt
             and
             the
             prisoners
             all
             put
             to
             death
             .
             
               Vide
               Phil.
               Comines
               lib.
            
             2.
             cap.
             1.
             
          
           
             I
             will
             defend
             my
             Companion
             at
             the
             cost
             of
             my
             own
             Blood
             ,
             and
             partake
             in
             his
             danger
             .
             
               Senec.
               de
               Ben.
            
             2.
             15.
             
          
           
             Artic.
             14.
             
          
           
             But
             that
             is
             to
             be
             understood
             as
             in
             the
             XII
             .
             §.
             of
             this
             Chapter
             .
          
           
             †
             Tacitus
             3.
             
             Annal.
             Pompeius
             gravior
             remediis
             quam
             d●…licta
             erant
             .
          
           
             †
             Grotius
             de
             Jure
             Belli
             ac
             Pacis
             lib.
             3.
             cap.
             10.
             
             §.
          
           
             *
             2.
             de
             Clem
             ▪
             cap.
             4.
             
          
           
             In
             Vita
             C●…milli
             Liv.
             lib.
             1
             ,
             &
             5.
             
          
           
             †
             
               Grotius
               de
               Jure
               Belli
               ac
               Pacis
               l.
            
             3.
             c.
             11.
             who
             observes
             that
             many
             pretences
             may
             be
             found
             out
             against
             Men
             of
             mature
             age
             ,
             but
             against
             Infants
             ,
             calumny
             it self
             can
             find
             nothing
             to
             say
             ,
             as
             being
             cleerly
             innocents
             .
          
           
             *
             Herod
             .
             in
             Vita
             Maximin
             .
             fo
             .
             417.
             
          
           
             Papin
             .
             nullie
             violabilis
             armis
             turba
             se●…
             nes
             .
             Vict.
             D.
             loca
             .
          
           
             1
             Sam.
             10.
             5.
             10.
             
          
           
             1
             Sam.
             19.
             18.
             
             Lord
             
             Coke's
             Comm.
             on
             30
             Cap.
             of
             magna
          
           
             *
             Charta
             fo
             .
             58.
             
          
           
             C.
             de
             Treuga
             &
             Pace
             .
          
           
             †
             Vide
             2.
             
             Inst.
             fo
             .
             58.
             
             &
             Trin.
             31
             E.
             1.
             coram
             Rege
             Rot.
             127.
             
          
           
             Leg.
             execut
             .
             C.
             quae
             res
             pign
             .
          
           
             *
             De
             Benef.
             5.
             cap.
             18.
             
          
           
             †
             Livy
             lib.
             28.
             
             
               The
               same
               saith
            
             Julian
             in
             Ni●…etas
             .
          
           
             *
             Grot.
             de
             Jure
             Belli
             ac
             Pa●…is
             l.
             3.
             c.
             11.
             
          
           
             †
             2.
             de
             Ira
             cap.
             10.
             
             Quicquid
             multis
             peccatur
             inul●…um
             est
             .
             Magis
             monendo
             quam
             minando
             :
             sic
             enim
             agendum
             est
             cum
             multieline
             peccantium
             severitas
             au
             rem
             exercenda
             est
             in
             peccata
             pauc●…rum
             .
             Gailium
             de
             pace
             pub
             .
             lib.
             11.
             cap.
             9.
             36.
             
          
           
             †
             vide
             Grot.
             lib.
             3.
             cap.
             11.
             
             §.
             17.
             
          
           
             *
             Victor
             de
             Jure
             Belli●…n
             .
             59.
             lib.
             2.
             
          
           
             Artic.
             15.
             
          
           
             Artic.
             19.
             
          
           
             Artic.
             20.
             
          
           
             Art.
             34.
             
          
           
             Grot.
             de
             Jure
             Belli
             ac
             Pacis
             lib.
             3.
             cap.
             1.
             
             §.
          
           
             *
             Leg.
             Transfug●…m
             D.
             re
             ac●…reúm
             dom
             .
             Polyb.
             in
             excerp
             .
             Legat.
             9.
             28.
             34.
             
             Menander
             Protector
             idem
             nos
             docet
             .
          
           
             *
             Phil.
             Comines
             lib.
             4.
             chap.
             12.
             
          
           
             Artic.
             16.
             
          
           
             Artic.
             17.
             
             Tertul.
             Apolog.
             9.
             c.
             quando
             liceat
             .
             lib.
             2.
             in
             res
             majestatis
             &
             publicos
             hostes
             omnis
             homo
             miles
             .
             Vide
             Grot.
             lib.
             1.
             cap.
             15.
             
             §.
          
           
             †
             Livy
             lib.
             2.
             lib.
             3.
             
             §.
             ult
             .
             ad
             Leg.
             Corn.
             de
             Sicariis
             pun
             .
             Artic.
             18.
             
          
           
             Vide
             Hetley
             Rep.
             235.
             1
             
             H.
             7.
             cap.
             1.
             3
             
             H.
             8.
             cap.
             5.
             
          
           
             *
             Leg.
             milites
             .
             D.
             de
             re
             milit
             :
             Rufus
             Legi
             militeribus
             cap.
             15.
             
          
           
             †
             Artic.
             21.
             
          
           
             Bacon
             m●…
             fo
             .
             17.
             
             Privilegium
             non
             valet
             contra
             rem
             publicam
             .
          
           
             Artic.
             24.
             
          
           
             Artic.
             25.
             
          
           
             Artic.
             27.
             
          
           
             a
             Artic.
             23.
             
          
           
             b
             Art.
             28.
             
          
           
             c
             Art.
             29.
             
          
           
             d
             Art
             33.
             
          
           
             e
             Art.
             31.
             
          
           
             f
             Ignominiosa
             dimissio
             .
          
           
             *
             Fraudat●…
             stipendii
             .
             Rosin
             .
             Ant.
             Rom.
             lib.
             10.
             c.
             25.
             
          
           
             †
             Censeo
             Hastaria
             .
          
           
             Godwin
             Antiq.
             Rom.
             fo
             .
             127
             ,
          
           
             Lips.
             de
             milit
             .
             Rom.
             lib.
             5.
             
             Dial.
             18.
             
          
           
             ●…7
             H.
             6.
             fo
             .
             4
             ,
             〈◊〉
             .
          
           
             〈◊〉
             13
             Car.
             2.
             cap.
             9.
             
          
           
             *
             *
             15
             R.
             〈◊〉
             .
             cap.
             3.
             
          
           
             Stat.
             43
             Eliz.
             cap.
             3.
             
          
           
             Vide
             Salmuth
             in
             〈◊〉
             Leg.
             rerum
             depred
             .
             C●…de
             Triumph
             .
             Dion
             .
             〈◊〉
             〈◊〉
             lib.
             〈◊〉
             .
          
           
             Artic.
             38.
             
          
           
             *
             Coke
             Comm.
             on
             Littleton
             ,
             fo
             .
             25.
             
          
           
             Deorum
             injuriae
             Diis
             Curae
             .
          
           
             Ulpian
             .
             Leg.
             1.
             
             Sect.
             vim
             .
             vi
             .
             D.
             de
             vi
             ,
             &
             vi
             arma
             .
          
           
             *
             De
             Jure
             Belli
             ac
             Pacis
             lib.
             1.
             cap.
             1.
             
          
           
             Victor
             de
             Ind.
             nel
             .
             1.
             n.
             31.
             〈◊〉
             
          
           
             Victor
             de
             Jure
             Belli
             n.
             5
             ,
             6
             ,
             7
             ,
             8.
             
          
           
             Procopius
             Persic
             .
             2.
             
          
        
         
           Notes for div A51124-e50520
           
             Aretin
             .
             post
             Joan.
             Faber
             .
             in
             §.
             item
             exercitor
             .
             num
             .
             3.
             
             Instit.
             de
             oblig
             .
             quae
             ex
             quasi
             delict
             .
          
           
             Leg.
             Fin.
             C.
             §.
             pro
             Socio
             &
             poss
             .
             inst
             .
             &
             D.
             cod
             .
          
           
             Leg.
             in
             hoc
             parg
             .
             si
             conveniat
             pro
             Sco.
             
          
           
             Bart.
             &
             Paul.
             in
             leg
             .
             hec
             distinctio
             §.
             cum
             fundum
             .
             ff
             .
             locat
             .
          
           
             Such
             Vessels
             when
             Freight
             ed
             our
             against
             the
             grain
             of
             some
             of
             the
             Part-Owners
             ,
             the
             same
             is
             under
             such
             Provisoes
             ,
             Cautions
             and
             Limitations
             as
             the
             Law
             in
             that
             case
             requires
             .
          
           
             Gloss.
             Leg.
             si
             navis
             &
             juris
             in
             leg
             .
             utiq
             .
             para
             .
             culpae
             dè
             rei
             undic
             .
             &
             leg
             .
             arboribus
             .
             §.
             navis
             de
             usu
             fruct
             .
          
           
             Leg.
             non
             aliter
             F.
             de
             usu
             &
             habi
             .
          
           
             †
             Co.
             4.
             
             Inst.
             146.
             
          
           
             Hill
             23
             Car.
             2.
             
             B.
             R.
             Morse
             versus
             Slue
             .
          
           
             *
             18
             H.
             6.
             num
             .
             52.
             
          
           
             †
             Naut●…
             Caup
             .
             Stab
             .
             leg
             .
             1.
             
             Sect.
             3.
             
          
           
             †
             Hill.
             26
             ,
             27
             Car
             2.
             in
             B.
             R.
             Stanley
             versus
             Ayles
             .
          
           
             Leg.
             inter●…stipulantem
             in
             §.
             Sacram.
             ff
             .
             de
             ver
             .
             oblig
             .
          
           
             Leg.
             quod
             in
             §.
             sin
             .
             F.
             de
             leg
             .
          
           
             Leg.
             Musius
             ff
             .
             de
             rei
             venic
             '
             .
             〈◊〉
             
          
           
             ff
             .
             lib.
             6.
             tit
             .
             〈◊〉
             .
             leg
             .
             61.
             
          
           
             Leg.
             si
             ex
             meis
             .
             ff
             .
             de
             acq
             .
             rer
             .
             dom
             .
             &
             leg
             .
             si
             convenerit
             §.
             si
             quis
             sic
             ff
             .
             de
             pign
             .
             act
             .
          
           
             Leg.
             Marcellus
             in
             §.
             armamenta
             ff
             .
             de
             re
             vindicat
             .
          
           
             *
             Trin.
             3
             Jac.
             B.
             R.
             Rolls
             1.
             
               part
               ,
               Abridg.
            
             fo
             .
             530.
             
             Bald.
             in
             leg
             .
             cum
             proponas
             Code
             de
             nautic
             .
             e
             fenore
             num
             .
             6.
             
          
           
             Mich.
             13
             Jac.
             in
             B.
             R.
             Sir
             Rich.
             Bingley's
             Case
             .
             Rolls
             Abridg
             fo
             .
             530
             
          
           
             Dig.
             lib.
             14.
             tit
             .
             1.
             
             §.
             17.
             
          
           
             Bridgemans
             Case
             ,
             Hobart
             ,
             fo
             .
             10
             ,
             11.
             
          
           
             Gloss.
             Affrican
             .
             super
             cod
             .
             leg
             .
             &
             §.
          
           
             Dig.
             lib.
             6.
             tit
             .
             1.
             62.
             
             &
             l.
             7.
             tit
             .
             1.
             12.
             
             §.
             1.
             
             &
             Papinion
             
               on
               the
               same
               Law.
            
             
          
           
             Digest
             .
             lib.
             19.
             tit
             .
             2.
             61.
             
             Scaevola
             
               on
               the
               same
               Law.
            
             
          
           
             Leg.
             1.
             de
             exercit
             .
             Act.
             
          
           
             Hob.
             Rep.
             fo
             .
             11.
             
             Bridgeman
             '
             
               s
               Case
            
             .
          
           
             *
             Dowda●…
             
               's
               case
            
             .
          
           
             Coke
             lib
             6.
             fo
             .
             47.
             
          
           
             F.
             Naut
             .
             caup
             .
             stab
             .
             leg
             .
             1.
             
             Sect.
             2
             ,
             3
             ,
             6
             ,
             7.
             
          
           
             *
             The
             which
             the
             Civil
             Law
             does
             sometimes
             allow
             .
          
           
             Morse
             versus
             Slue
             ,
             Hill.
             23
             Car.
             2.
             
             Regis
             ,
             adjudged
             on
             a
             Special
             Verdict
             found
             at
             the
             Barr.
             
          
           
             Debet
             Exercitor
             omnium
             nautarum
             suorum
             sivi
             liberi
             sint
             ,
             sive
             servi
             factum
             praestare
             ,
             nes
             immerito
             factum
             eorum
             praestat
             cum
             ipse
             eos
             suo
             periculo
             adhibuerit
             sed
             non
             alias
             praestat
             quam
             iu
             ipsam
             nave
             damnum
             datum
             sit
             ,
             caeterum
             ,
             si
             extra
             navim
             licet
             à
             nautis
             non
             praestabit
             ,
             Naut
             .
             Caup
             .
             Stabilit
             .
             Leg.
             1.
             
             Sect.
             7.
             debet
             exercitor
             .
          
           
             Eod.
             Leg.
             debet
             Exercitor
             .
          
           
             Digest
             .
             lib.
             9.
             
             〈◊〉
             .
             tit
             .
             Leg.
             61.
             〈◊〉
             
          
           
             †
             Leg.
             Oleron
             .
             Judg
             '
             .
             2.
             
          
           
             Stat.
             18
             H.
             6.
             cap.
             8.
             
          
           
             l.
             ult
             .
             ad
             Leg.
             Rhod.
             &
             leg
             .
             quum
             proponas
             C
             de
             Naut
             .
             foenor
             .
          
           
             Stat.
             4
             H.
             4.
             20.
             
             Leg.
             fin
             .
             parag
             .
             si
             propter
             necessitatem
             .
          
           
             Stat.
             15
             H.
             6.
             cap.
             
          
           
             19
             Eliz.
             cap.
             9.
             12
             
             P.
             &
             M.
             5.
             1
             
             Jac.
             cap.
             25.
             
          
           
             *
             Proclamation
             25
             Sept.
             26
             Car.
             2.
             
             Per
             leg
             .
             quum
             propouas
             ad
             leg
             .
             Rhod.
             D.
             leg
             .
             in
             fin
             .
             &
             leg
             .
             si
             vendita
             peric
             .
             rei
             vend
             .
             &
             leg
             .
             5.
             
             &
             6.
             
             Naut
             .
             Caup
             .
          
           
             *
             Stat.
             16
             Car.
             2.
             cap.
             8.
             
          
           
             Morse
             versus
             Slue
             ,
             23
             Car.
             in
             B.
             R.
             Rott
             .
          
           
             13
             R.
             2.
             cap.
             9.
             
          
           
             Leg.
             1.
             
             Cod.
             de
             Navib
             .
             non
             excusand
             .
          
           
             Secund.
             sin
             .
             leg
             .
             ult
             .
             ad
             leg
             .
             Rhod.
             &
             leg
             .
             quum
             proponas
             C.
             de
             Naut
             .
             soenor
             .
          
           
             Leg.
             Oleron
             .
             24.
             
             Per
             Leg.
             quant
             .
             de
             Pub.
             
          
           
             *
             Coke
             lib.
             Entries
             ,
             fo
             .
             3.
             
          
           
             *
             Pasch.
             26
             Car.
             
               rul'd
               at
            
             Guild-Hall
             
               before
               L.
               C.
               J.
            
             Hale
             ,
             inter
             and
             Peacock
             .
          
           
             18
             Eliz.
             cap.
             9.
             14
             
             Car.
             2.
             cap.
             11.
             
          
           
             Digest
             .
             l.
             cum
             in
             debito
             ff
             .
             de
             Probat
             .
          
           
             Li.
             1.
             
             Cod.
             de
             Navibus
             non
             excusand
             .
          
           
             *
             Recepit
             salvum
             fore
             ,
             utrum
             si
             in
             navim
             ,
             res
             missae
             ei
             assignatae
             sint
             ,
             an
             et
             si
             non
             sint
             è
             assignatae
             ,
             hoc
             tamen
             ipso
             quod
             in
             navim
             missae
             ,
             sint
             receptae
             videntur
             et
             omnium
             recepit
             custodiam
             quae
             in
             navim
             illotae
             sunt
             et
             factum
             non
             solum
             nautarum
             praestare
             debet
             sed
             et
             rectorum
             .
             F.
             Nautae
             Caup
             .
             stab
             .
             leg
             .
             1.
             
             Sect.
             recepit
             .
          
           
             Leg.
             Oleron
             .
             Cap.
             22.
             
             Bridgeman's
             Case
             ,
             Hobart
             ,
             fo
             .
             10
             ,
             11.
             
          
           
             *
             Leg.
             Oleron
             Cap.
             1.
             12.
             
          
           
             Judgment
             Oleron
             .
             Cap.
             22.
             
          
           
             Judgement
             ,
             Oleron
             .
             Cap.
             3.
             
          
           
             Leg.
             Oleron
             cap.
             22.
             
          
           
             The
             like
             provision
             on
             the
             like
             penalty
             is
             for
             Goods
             of
             Muscovy
             ,
             and
             of
             the
             Dominions
             and
             Territories
             of
             the
             Great
             Czar
             or
             Emperour
             .
             So
             likewise
             of
             Currants
             belonging
             to
             the
             Othoman
             Territories
             or
             Dominions
             .
          
           
             Note
             ,
             In
             cases
             of
             sickness
             ,
             Death
             ,
             Captivity
             ,
             Salves
             the
             Clause
             as
             to
             Marriners
             .
          
           
             That
             is
             ,
             those
             that
             do
             not
             belong
             to
             
               English
               ,
               Irish
               ,
               Welsh
            
             ,
             or
             those
             of
             Jersey
             or
             Guernsey
             .
          
           
             12
             Car
             2.
             cap.
             18.
             
          
           
             12
             Car.
             2.
             
             Cap.
             18.
             
          
           
             14
             Car.
             2.
             cap.
             11.
             12
             
             Car.
             cap.
             18.
             
          
           
             Leg.
             1.
             
             &
             Pasim
             '
             ad
             leg
             .
             Rhod.
             &
             l.
             1.
             
             Parag.
             2.
             
             Naut
             .
             Caupo
             .
          
           
             Vid.
             leg
             .
             Consol
             .
          
           
             
               The
               Father
               was
               of
            
             Phalagonia
             ,
             as
             Egnatius
             Vola
             teranus
             observes
             ,
             lib.
             23.
             
          
           
             Ill
             Consolato
             &
             per
             Stat.
             14
             Car.
             2.
             
             Cap.
             11.
             
          
           
             Eudeum
             ad
             leg
             .
             1.
             
             Naut
             .
             Caup
             .
             tot
             .
          
           
             Per
             Leg.
             Oleron
             ,
             Chap.
             6.
             
          
           
             Per
             Leg.
             1.
             de
             exerc
             .
             act
             .
             &
             l.
             in
             fin
             .
             Naut
             .
             Caup
             .
          
           
             Per
             Leg.
             Oleron
             cap.
             14.
             
          
           
             Per
             Leg.
             Oleron
             ,
             Cap.
             13.
             as
             per
             Leg.
             Denmarke
             .
          
           
             leg
             .
             nemo
             de
             Reg.
             jur
             .
             &
             leg
             .
             plerumque
             de
             in
             jus
             voc
             .
          
           
             Leg.
             Oleron
             Cap.
             5.
             
          
           
             Leg.
             Oleron
             Cap.
             7.
             
          
           
             Leg.
             Oleron
             ,
             Cap.
             11.
             
          
           
             Leg.
             Oleron
             ,
             Cap.
             13.
             
          
           
             Consolat
             .
             del
             Mare
             .
          
           
             Trin.
             7
             Jac.
             B.
             R.
             Abr.
             Rolls
             ,
             fo
             .
             530.
             
          
           
             Not
             but
             they
             may
             ,
             notwithstanding
             the
             Resolutions
             of
             8
             Car.
             Cro.
             3.
             
             Reports
             ,
             which
             are
             not
             now
             taken
             to
             be
             Law.
             
          
           
             
               Jones
               versus
            
             the
             Poor
             Marriners
             .
             Winch.
             Rep.
             
          
           
             
               Sitwell
               &
               al'
            
             Owners
             of
             a
             Ship
             ,
             
               versus
               Love
               &
               al'
            
             .
             Mich.
             27
             Car.
             in
             B.
             R.
             
          
           
             Latch
             fo
             .
             11.
             
             Hill.
             1
             Car.
             in
             B.
             R.
             
             Godfrey's
             Case
             .
          
           
             leg
             .
             oleron
             ,
          
           
             Pasch.
             27
             Car.
             in
             B.
             R.
             Capr.
             
               Pidgeon
               adsect
               Argoe
            
             .
          
           
             Leg.
             Oleron
             ,
             Cap.
             13.
             
          
           
             Per
             Leg.
             Oleron
             Cap.
             18.
             
          
           
             Justit
             .
             de
             ob
             .
             quae
             ex
             dilect
             .
             §.
             Fin.
             
          
           
             Pasch.
             11
             Jac
             ,
             in
             B.
             R.
             Hernes
             versus
             Smith
             .
             Rolls
             Abridg.
             530.
             
          
           
             Naut
             .
             caup
             .
             Stab
             .
             Leg.
             1.
             
             Sect.
             3
             ,
             6
             ,
             &
             7.
             
             Morse
             versus
             Slue
             .
             Pasch.
             23
             Car.
             2.
             
               in
               B.
               R.
            
             
          
           
             Gloss.
             super
             ●…od
             .
             Sect.
             verb.
             &
             factum
             .
          
           
             Brevia
             Regis
             in
             Turri
             London
             .
             Trin.
             Anno
             24
             E.
             3.
             num
             .
             45.
             
             Bristol
             .
          
           
             The
             Judgment
             in
             this
             case
             is
             according
             to
             Law
             ,
             &
             ought
             not
             to
             have
             been
             a
             Capiatur
             ;
             for
             it
             is
             not
             such
             a
             Trespass
             as
             the
             King
             is
             entitled
             to
             a
             Fine
             .
             Vide
             2
             Cro.
             224.
             
             Beedle
             versus
             Morris
             ,
             7
             Jac.
             Co.
             Entries
             the
             same
             ,
             347.
             
          
           
             Leg.
             1.
             in
             fin
             .
             Naut
             .
             Caup
             .
             per
             leg
             .
             itaque
             de
             furlis
             .
          
           
             Eod.
             Leg.
             in
             fin
             .
             Naut
             .
             Caup
             .
             &
             p●…r
             Leg
             ,
             itaque
             de
             eod
             .
             edict
             .
          
           
             Bartol
             .
             &
             Jason
             in
             leg
             .
             non
             solum
             §.
             mortem
             .
             de
             no●…
             oper
             .
          
           
             Brand
             versus
             Glasses
             ,
             Sir
             Francis
             Moore
             Trin.
             25
             Eliz.
             in
             the
             Exchequer
             .
          
           
             Vide
             the
             same
             Book
             ,
             Mich.
             7
             Eliz.
             post
             .
             W●…rley's
             case
             .
          
           
             21
             E.
             3.
             
             Cottons
             Abridgment
             of
             the
             Parliament
             Records
             ,
             fo
             .
             63
             
          
           
             Naut
             .
             Caupo
             .
             ftab
             .
             &c.
             Leg.
             1.
             
             §.
             quamcunque
             vim
             .
          
           
             Si
             quis
             navem
             conduxerit
             instrumenat
             consignata
             sunto
             ,
             Pekieus
             Com.
             ad
             leg
             .
             Rhod.
             Art.
             20.
             
          
           
             Per
             Leg.
             Naval
             .
             Rhod.
             Artic.
             19.
             
          
           
             Mich.
             10
             
               Car.
               in
               B.
               R.
            
             Langdon
             and
             Stocks
             case
             .
             1
             Cro.
             fo
             .
             279.
             
             Per
             Leg.
             item
             .
             §.
             Si
             in
             leg
             .
             loca
             .
          
           
             Mich.
             10
             Car.
             in
             B.
             〈◊〉
             .
             Langdon
             and
             Stocks
             case
             ,
             Cro.
             1.
             part
             ,
             279.
             
          
           
             Per
             Leg.
             si
             ex
             conducto
             &
             leg
             .
             si
             item
             fundus
             &
             leg
             .
             haec
             distinctio
             .
          
           
             Per
             Leg.
             Oleron
             .
             Cap.
             21.
             
          
           
             Artic.
             25.
             
             Legum
             Navalium
             ,
             Art.
             29.
             eod
             .
          
           
             Rich
             versus
             Kneeland
             ,
             Cro.
             2.
             part
             .
          
           
             Ad
             Leg.
             Rhod.
             
          
           
             Judg.
             Oleron
             .
             Leg.
             ult
             .
             ad
             ad
             Rhod.
             
          
           
             Digest
             .
             Paulus
             ,
             l.
             14.
             2.
             
             §.
             10.
             
          
           
             Leg.
             qui
             Romae
             〈◊〉
             .
             Cllimachus
             ,
             〈◊〉
             .
             de
             verb.
             obl
             .
          
           
             Ang.
             Alex.
             &
             Jason
             in
             di●…
             .
             §.
             Callimachus
             .
          
           
             Leg.
             Relagati
             ff
             .
             de
             poenis
             &
             Leg.
             ult
             .
             ff
             .
             de
             S●…p
             .
             vi●…
             .
          
           
             Trin.
             9
             Jac.
             in
             C.
             B.
             Rott
             .
             638.
             
             Bright
             versus
             
               Cooper
               ,
               Brownlow
            
             1.
             part
             .
          
           
             Co.
             1.
             part
             ,
             97.
             
             Shelley
             '
             
               s
               case
            
             .
             Reniger
             and
             Fogassas
             case
             .
             Plowden
             Com.
             
               But
               a
               Pyrat
               is
               not
               an
               Enemy
               .
            
             Vide
             Chap.
             Pyracy
             .
             Leg.
             Si
             quis
             Cod.
             de
             Justit
             .
             &
             substic
             .
          
           
             Arg.
             Leg.
             Ssite
             ff
             .
             de
             annis
             legatis
             &
             leg
             .
             illis
             libertis
             i●…
             fin
             .
             ff
             .
             do
             condit
             ,
             &
             demon
             .
             Arg.
             7.
             
             Leg.
             qui
             operas
             &
             leg
             .
             fiaedes
             §.
             cum
             quidam
             &
             §.
             ●…n
             .
             ff
             .
             locati
             .
             Leg.
             sed
             &
             addes
             in
             §.
             Si
             quis
             mulirem
             〈◊〉
             ▪
             locat
             .
          
           
             There
             are
             3.
             
             Bills
             of
             Lading
             alwayes
             made
             ,
             the
             one
             to
             be
             sent
             over
             Se●…
             to
             him
             to
             whom
             the
             Goods
             are
             consigned
             to
             ,
             the
             other
             for
             the
             Master
             ,
             and
             the
             last
             for
             the
             Merchant
             or
             Lader
             .
          
           
             Leg.
             penult
             .
             §.
             novem
             F.
             de
             locat
             .
          
           
             Trin.
             9
             Jae
             .
             B.
             R.
             Bright
             versus
             
               Cowper
               ,
               Brownlow
            
             ,
             1.
             part
             .
          
           
             Leg.
             Oleroon
             .
             Leg.
             Naval
             .
             Rhod.
             Art.
             25.
             
          
           
             Leg.
             Oleroon
             .
          
           
             Leg.
             Consolat
             ,
             del
             Mar.
             
          
           
             Bald.
             in
             leg
             .
             certi
             juris
             in
             4.
             
             Q.
             in
             verb.
             Quid
             ergo
             Cod.
             locat
             .
          
           
             Hill.
             26
             ,
             27
             Car.
             2.
             in
             
               B.
               R.
               Stanley
            
             versus
             Ayles
             .
          
           
             7
             R.
             2.
             
             Statham
             Abridg.
             54.
             
          
           
             In
             Jurae
             Postliminij
             leg
             .
             retor
             '
             .
             &
             leg
             .
             in
             bello
             §.
             1.
             
          
           
             bovce
             versus
             Cole
             
               〈◊〉
               '
            
             &
             Cole
             
               jun
               '
            
             ,
             Hill
             '
             26
             ,
             27
             Car.
             2.
             in
             B.
             R.
             
          
           
             When
             such
             a
             misfortune
             happens
             ,
             the
             Ensured
             commōly
             transfer
             those
             Goods
             over
             to
             the
             As●…urors
             who
             take
             them
             towards
             satisfaction
             of
             what
             they
             pay
             by
             vertue
             of
             their
             subscriptions
             .
          
           
             Co.
             4.
             
             Inst.
             146.
             
          
           
             Johannes
             Locinius
             lib.
             3.
             
             Cap.
             8.
             
          
           
             
               Scudamore
               &
               al'
            
             versus
             Pitman
             .
             Trin.
             29
             Eliz.
             in
             B.
             R.
             cited
             in
             Co.
             2.
             
             Inst.
             fo
             .
             673.
             
          
           
             L.
             ne
             quid
             ff
             .
             de
             incendio
             ruina
             &
             naufragio
             .
          
           
             Leg.
             44.
             
             D.
             de
             adq
             .
             ver
             .
             dom
             .
          
           
             Per
             le
             Judgment
             Oleron
             ,
             Cap.
             26
             ,
             &
             47.
             
          
           
             Leg.
             1.
             lib.
             11.
             
             C.
             de
             Naufragijs
             .
          
           
             Leg.
             1.
             in
             pr.
             de
             incend
             .
             ruin
             .
             leg
             .
             in
             eum
             cum
             auth
             .
             seq
             .
             de
             surt
             .
          
           
             Leg.
             3.
             in
             sin
             .
             de
             incend
             .
             ru
             .
             nauf
             .
          
           
             Leg.
             pedibus
             cod
             .
          
           
             Arg.
             leg
             .
             succurlarij
             de
             Extrod
             .
             Crim.
             
          
           
             Per
             leg
             .
             incend
             .
             ruin
             .
             Naufrag
             .
             Leg.
             ne
             piscator
             .
          
           
             And
             here
             I
             cannot
             omit
             the
             Great
             and
             Pious
             Care
             that
             His
             Majestie
             hath
             had
             in
             his
             Directions
             about
             Light-Houses
             and
             Lanthorns
             ,
             and
             other
             special
             Sea-Marks
             ;
             but
             more
             especially
             in
             his
             Erecting
             at
             his
             own
             Princely
             Charge
             that
             most
             excellent
             Light-House
             near
             Goldston
             by
             Yarmouth
             ,
             which
             both
             for
             Height
             ,
             Curiosity
             and
             Form
             ,
             not
             inferiour
             if
             not
             excelling
             all
             or
             most
             in
             Christendome
             .
          
           
             Per
             Leg.
             Oleron
             Cap.
             47.
             
          
           
             Westm.
             1.
             c.
             4.
             
             §
             E.
             1.
             
             Naufragia
             ad
             publicanos
             pertinento
             .
          
           
             Custm
             .
             Norm
             .
             Cap.
             17.
             
          
           
             37
             Leg.
             Naval
             .
             Rhod.
             &
             40.
             
          
           
             Sir
             Henry
             Constables
             case
             ,
             Coke
             5.
             part
             ,
             fo
             .
             107.
             
          
           
             Faber
             &
             alij
             inst
             .
             de
             rer
             .
             divis
             .
             Sect.
             pen.
             
          
           
             Leg.
             7.
             
             D.
             pro
             derelicto
             .
          
           
             46
             E.
             3.
             15.
             
             
               F.
               N.
               B.
            
             112.
             
             Anth.
             Omnes
             peregrini
             communia
             de
             successionibus
             ac
             .
             per
             Leg.
             Oleron
             .
          
           
             Co.
             5.
             part
             ,
             107.
             
          
           
             Co.
             2.
             
             Inst.
             167.
             
          
           
             Leg.
             8.
             
             D.
             ad
             leg
             .
             Rhod.
             de
             jactu
             .
          
           
             S
             R.
             2.
             
             Pro
             Willielmo
             Fishlake
             .
             Co.
             2.
             
             Inst.
             167.
             
             Leg.
             43.
             
             §.
             11.
             
             D.
             de
             surt
             .
          
           
             Pl.
             Com.
             466.
             
          
           
             F.
             N.
             B.
             fo
             .
             12.
             
          
           
             DD.
             diplo
             .
             &
             de
             Off.
             Admir
             .
          
           
             Left
             unresolved
             in
             Moore
             ,
             fo
             .
             24.
             
             But
             since
             adjudged
             Trin.
             24
             Car.
             in
             C.
             B.
             upon
             a
             Special
             Verdict
             found
             at
             St.
             Edmonds-Bury
             in
             Suffolk
             .
          
           
             The
             very
             words
             of
             the
             Lord
             
             Howard's
             Patent
             ,
             in
             28
             Eliz.
             in
             Rott
             .
             Admir
             .
             m.
             10.
             
          
           
             1
             E.
             2.
             m.
             6.
             num
             .
             6.
             
          
           
             Pat.
             20
             E.
             2.
             m.
             10.
             intus
             pro
             Edwardo
             fil
             .
             Regis
             .
          
           
             Inquisitiones
             de
             Anno
             47
             H.
             3.
             num
             .
             32.
             
          
           
             Leg.
             3.
             
             §.
             〈◊〉
             .
             D.
             Naut
             .
             Caup
             .
             St.
             l.
             1.
             
             §.
             4.
             
             D.
             de
             obl
             .
             &
             act
             .
             leg
             .
             26.
             
             §.
             6.
             
             D.
             mand
             .
          
           
             Quia
             vis
             major
             providentiam
             &
             industriam
             humanam
             superat
             ,
             nesi
             culpa
             casum
             praecesserit
             .
          
           
             Leg.
             Rhod.
             de
             jact
             '
             .
          
           
             Leg.
             Oleron
             .
             Cap.
             8.
             
          
           
             Leg.
             Consolate
             del
             Mare
             .
          
           
             Leg.
             Wisbicens
             .
             Artic.
             38
             ,
             39.
             
          
           
             Leges
             Guliel
             .
             1.
             
             &
             H.
             1.
             c.
             98.
             de
             pactis
             ad
             legem
             Rhodiam
             .
          
           
             Selden
             ad
             Eadmerum
             &
             Notae
             &
             Spici
             legium
             fo
             .
             183.
             
             Whelock
             de
             Priscis
             Anglorum
             legibus
             ,
             fo
             .
             167.
             
          
           
             Leg.
             1.
             
             &
             2.
             ad
             leg
             .
             Rhod.
             &
             leg
             .
             Oleron
             .
          
           
             Leg.
             Wisbicens
             .
             Artic.
             20
             ,
             21.
             
          
           
             12
             Jac.
             in
             B.
             R.
             Bulstrod
             .
             2
             part
             ,
             290.
             
             Bird
             versus
             Astcot
             .
          
           
             Leg.
             1.
             ff
             .
             de
             exercitoria
             action
             .
          
           
             L.
             amissae
             &
             Oleron
             .
          
           
             Johannes
             Locinius
             lib.
             2.
             cap.
             7.
             de
             jactu
             .
             &
             8.
             de
             contributione
             .
          
           
             Leg.
             1.
             de
             Del
             mal
             .
             except
             .
             &
             leg
             .
             Si
             non
             sortem
             de
             cond
             .
             in
             de
             .
          
           
             Leg.
             Navis
             4.
             ad
             leg
             .
             Rhod.
             And
             Vinius
             Commentary
             ,
             fo
             .
             235.
             
          
           
             Leg.
             9.
             
             §.
             3.
             ad
             exhib
             .
          
           
             L.
             1.
             verse
             .
             quod
             convenit
             depos
             .
          
           
             Leg.
             quem
             ad
             modum
             parag
             .
             Si
             navis
             ad
             leg
             .
             Aquiliae
             .
          
           
             
               Eod.
               Leg.
            
             18
             H.
             6.
             num
             .
             52.
             
          
           
             3.
             
             Inst.
             fo
             .
             146.
             
             Goodwyn
             versus
             Tompkins
             ,
             Noy
             Rep.
             
          
           
             Lusi
             Sernus
             27.
             
             §.
             &
             Si.
             23.
             ad
             leg
             .
             Aquil.
             
          
           
             Ad
             Reg.
             Rhod.
             leg
             .
             2.
             
             §.
             Si
             conservatis
             .
          
           
             F.
             de
             leg
             .
             Rhod.
             leg
             .
             Navis
             ●…nustae
             .
             leg
             .
             Navis
             .
             ad
             leg
             .
             Rhod.
             de
             Jactu
             .
             Sir
             Francis
             Moore
             ,
             fo
             .
             297.
             
          
           
             Leg.
             Rhod.
             de
             Jactu
             ,
             l.
             2.
             
             Si
             Navis
             a
             Pyratis
             .
          
           
             Moore
             297.
             plt
             '
             442.
             
             Hicks
             versus
             Pallington
             .
          
           
             Grotius
             de
             Introd
             .
             jure
             .
             Holl.
             part
             .
             29.
             
             Suetonius
             .
             jure
             Naut
             .
             
               in
               the
               end
               of
               the
               13.
               
               Chapter
               .
            
          
           
             Peckeus
             ad
             leg
             .
             Rhod.
             de
             jact
             .
             fo
             .
             196
             ,
             197
             ,
             198.
             
          
           
             Grotius
             Introd
             .
             jur
             .
             Holl.
             3.
             29.
             
             Vinius
             and
             Pekeus
             
               Commentaries
               on
               the
               Lawes
               of
            
             Rhodes
             ,
             236.
             
          
           
             Locinus
             lib.
             2.
             
             Chap.
             8
             ,
             9
             ,
             10
             ,
             11.
             
          
           
             The
             Custome
             of
             Places
             varies
             this
             Modus
             of
             Estimating
             ;
             the
             which
             is
             done
             by
             Merchants
             and
             Marriners
             indifferently
             nominated
             by
             the
             Court.
             
          
           
             Ad
             Leg.
             Rhod.
             §.
             ult
             .
             Inst.
             de
             rer
             .
             divis
             .
             &
             leg
             .
             9.
             
             §.
             ult
             .
             de
             acque
             rer
             .
             Dom.
             
          
           
             ff
             .
             Ibid.
             leg
             .
             Navis
             ,
             §.
             cum
             autem
             .
          
           
             Leg.
             25.
             
             D.
             de
             prob
             .
             leg
             .
             falsus
             §.
             Si
             jactum
             .
             D.
             de
             surt
             .
          
           
             Bacon
             Max.
             fo
             .
             17.
             privilegium
             non
             valet
             contra
             rem
             publicam
             .
          
           
             In
             vita
             Claud.
             Caesar
             ,
             lib.
             25.
             c.
             18.
             
          
           
             Leg.
             1.
             ff
             .
             qui
             Salisd
             .
             cog
             .
             Grotius
             de
             jure
             Be●…i
             ac
             Pacis
             ,
             lib.
             2.
             cap.
             12.
             
             §.
             3.
             in
             fin
             .
          
           
             43
             Eliz.
             cap.
             12.
             
          
           
             Leg.
             4.
             5.
             
             D.
             de
             Naut
             .
             saen
             .
          
           
             Johannes
             Locinius
             ,
             lib.
             2.
             cap.
             5.
             
             §.
             5
             ,
             6.
             
          
           
             Saut●…r
             .
             p.
             3.
             num
             .
             13.
             seq
             .
             43.
             
             Seq●…
             .
          
           
             If
             such
             Ensurance
             be
             made
             in
             the
             Office
             ,
             they
             then
             set
             down
             the
             hour
             when
             intimation
             is
             given
             of
             the
             loss
             .
          
           
             Locinius
             ,
             lib.
             2.
             cap.
             5.
             
             §.
             9
             ,
             9
             ,
             10.
             
          
           
             
               Arthur
               Stockden
            
             of
             
             Stockden's
             Case
             ,
             Mich.
             26
             Car.
             2.
             in
             B.
             R.
             Afterward
             convicted
             by
             Information
             for
             the
             Fraud
             ,
             
               Term.
               Sancti
               Hillarij
               sequen
            
             .
             in
             B.
             R.
             
               Vide
               Livins
               ,
               lib.
            
             25.
             
          
           
             The
             Subscription
             mentions
             as
             if
             the
             Premio
             had
             been
             actually
             received
             ,
             but
             it
             is
             seldome
             done
             till
             the
             adventure
             is
             bourn
             .
          
           
             Ut
             quae
             in
             naves
             imposs●…issent
             ,
             ab
             hostium
             tempestatisque
             vi
             publico
             periculo
             essent
             .
             Negotia
             toribud
             certa
             lucra
             proposuit
             suscepto
             in
             se
             damno
             ,
             si
             cui
             quid
             per
             tempestates
             accidisset
             ,
             Livins
             ,
             lib.
             23.
             c.
             25.
             
             Vide
             Zasius
             in
             Commentario
             ad
             Digesta
             ,
             tit
             .
             pro
             Socio
             .
             n.
             25.
             
          
           
             Sub
             nomine
             periculi
             ,
             de
             quo
             fit
             cautio
             ,
             comprehenditur
             omnis
             casus
             qui
             accidit
             in
             mari
             ,
             à
             tempestate
             ,
             ab
             hostibus
             ,
             praedonibus
             ,
             Repraesalis
             ut
             ,
             vocant
             arrest
             is
             alijsque
             modis
             usitatis
             &
             inusitatis
             citra
             fraudem
             &
             culpam
             contrahentium
             ,
             aut
             domini
             mercium
             vel
             navis
             .
             Grotius
             de
             jure
             Holl.
             part
             .
             24.
             
          
           
             Iocinius
             ,
             lib.
             2.
             cap.
             5.
             
             §.
             7
             ,
             9
             ,
             10.
             
          
           
             Note
             ,
             The
             Port
             of
             London
             extends
             from
             the
             
               North
               Foreland
            
             in
             the
             Isle
             of
             Thanet
             ,
             over
             in
             a
             Line
             to
             the
             Nase
             in
             Essex
             ,
             and
             from
             thence
             to
             
             London-Bridge
             .
             R●…tulo
             .
             Scaccarij
             19
             Car.
             2.
             
          
           
             That
             has
             been
             much
             doubted
             ;
             and
             opinions
             of
             the
             Court
             hath
             generally
             enclined
             against
             the
             Assurors
             .
             
               Leg.
               ult
               .
               ad
               Rhod.
               Digest
               .
               Paulus
               .
               l.
            
             14.
             tit
             .
             2.
             
             §.
             10
             
          
           
             
               Vide
               Grotius
               Introd
               .
               jur
               .
               Holl.
            
             212.
             23.
             
             And
             indeed
             is
             more
             the
             Custome
             of
             Merchants
             then
             Law.
             
          
           
             
               Locinius
               lib.
            
             〈◊〉
             .
             cap.
             5
             §.
             9.
             
             And
             by
             the
             Lawes
             of
             Antwerp
             there
             is
             a
             time
             allotted
             after
             the
             Ships
             arrival
             at
             her
             Port
             how
             long
             the
             adventure
             is
             ,
             to
             be
             born
             by
             the
             Ensurers
             ,
             which
             is
             about
             15
             dayes
             ,
             Art.
             13.
             
             Assecur-Antwerp
             .
          
           
             Case
             of
             Monsieur
             Gourda●…
             .
             Governour
             of
             Calais
             .
             Anno
             1585.
             
          
           
             Locinius
             ,
             lib.
             2.
             cap.
             5.
             
             §.
             8.
             
          
           
             Sub
             nomine
             periculi
             ,
             de
             quo
             fit
             ●…autio
             ,
             comprehenditur
             omnis
             cas●…s
             qui
             accidit
             in
             mari
             ,
             a
             tempestate
             ,
             ab
             hostibus
             praedonibus
             reprisalijs
             ut
             vocant
             arrestis
             alijs●…
             ;
             modis
             usit●…is
             citra
             fra●…em
             ,
             &
             culpam
             contrathentium
             aut
             domini
             mercium
             vel
             navis
             .
             Grotius
             de
             introd
             .
             jur
             .
             Holl.
             par
             .
             24.
             
             In
             hoc
             contractu
             bona
             fide
             versandum
             est
             ,
             ut
             natura
             ultr●…
             citroque
             obligatiodis
             postulat
             .
             Locinius
             ,
             lib.
             2.
             cap.
             5.
             
             §.
             8.
             
          
           
             12
             Car.
             2.
             cap.
             32.
             14
             
             Car.
             2.
             cap.
             〈◊〉
             ,
             18.
             
          
           
             12
             Car.
             2.
             cap.
             18.
             
          
           
             Ritter●…hus
             .
             ad
             leg
             .
             contractus
             23.
             de
             Reg.
             jur
             .
             cap.
             18.
             pag.
             236
             ,
             237.
             
             Stypman
             dicto
             loco
             num
             .
             335.
             
          
           
             Hill.
             11
             Jac.
             in
             C.
             B.
             Las●…low
             and
             Tomlinsons
             Case
             ,
             Hobart
             88.
             
          
           
             Inst.
             in
             pr.
             quib
             .
             mod
             .
             re
             .
             contrab
             .
             ob
             .
             te
             .
             l.
             2.
             
             Si
             cert
             .
             peti
             .
          
           
             Leg.
             quod
             convenit
             de
             ver●…
             .
             ob
             .
          
           
             D.
             Leg.
             in
             m●…nare
             .
          
           
             14
             Car.
             2.
             cap.
             23.
             
          
           
             Oyles
             versus
             Marshall
             ,
             Styles
             Rep.
             1654.
             
          
           
             Dowdales
             case
             ,
             
               Coke
               lib.
            
             6.
             fo
             .
             47.
             36
             
             Eliz.
             in
             B.
             R.
             
          
           
             38
             H.
             8.
             
             Crane
             and
             
               Beil
               ,
               Co.
            
             4.
             
             Inst.
             138
             ,
             139.
             
          
           
             Dyer
             92.
             42.
             165.
             
             Fleta
             ,
             lib.
             2.
             cap.
             21.
             
          
           
             Rott
             .
             Parl.
             31
             Ed.
             1.
             cap.
             1.
             
             &
             2.
             
          
           
             Trin.
             5
             Jac.
             in
             B.
             R.
             Kennycot
             and
             Boggens
             case
             .
          
           
             44
             Eliz.
             
          
           
             4
             Hen.
             6.
             
             Knowles
             case
             .
          
           
             Hill.
             43
             Eliz.
             in
             B.
             R.
             Rott
             .
             Attorn
             '
             General
             versus
             Sacheveril
             and
             Sneed
             .
          
           
             Waller
             versus
             Hanger
             ,
             Bulstrod
             .
             3.
             part
             ,
             fo
             .
             1.
             
          
           
             
             Hanger's
             Case
             ,
             Hill.
             13
             Jac.
             
          
           
             Bro.
             tit
             .
             Disclaymer
             ,
             47.
             
          
           
             6
             Ed.
             3.
             fo
             .
             5
             ,
             6.
             
             Archbishop
             of
             Yorks
             Case
             .
          
           
             Sir
             
               John
               Davies
            
             in
             the
             case
             of
             Customes
             .
          
           
             In
             libro
             Rubeo
             in
             Scaccario
             Remem
             .
             fo
             .
             265.
             
          
           
             Rott
             .
             Chartarum
             Anno
             31
             〈◊〉
             .
             1.
             nu
             .
             44.
             called
             Charta
             Mercatoria
             .
          
           
             See
             the
             Charter
             at
             large
             in
             the
             Chap.
             of
             Customes
             .
          
           
             Stat.
             1
             H.
             5.
             2
             
             Ed.
             6.
             22.
             
          
           
             Kenicott
             versus
             Hoggan
             ,
             
               Yelverton
               .
               Boytons
            
             Case
             ,
             3.
             
             Rep.
             44.
             10.
             
          
           
             Vouched
             in
             the
             case
             of
             Customes
             in
             Sir
             
               John
               Davies
            
             Reports
             .
          
           
             Cl.
             1
             E.
             1.
             m.
             5.
             
          
           
             Leg.
             Oleron
             ,
             Cap.
             23.
             
          
           
             27
             H.
             8.
             cap.
             26.
             22
             
             Car.
             2.
             cap.
             11.
             
          
           
             Randall
             versus
             Hilton
             and
             Butler
             .
             Pasch.
             26
             Car.
             in
             B.
             R.
             
          
           
             32
             H.
             8.
             cap.
             14.
             
          
           
             Leg.
             Oleron
             .
             Cap.
             10.
             
          
           
             Co.
             Entry
             ,
             fo
             .
             2.
             
          
           
             Some
             conceive
             that
             the
             Averidge
             mentioned
             in
             the
             Bills
             ,
             is
             that
             which
             is
             the
             Averidge
             or
             Contribution
             for
             losses
             .
          
           
             ●…ghton
             ,
             Ar●…c
             .
             Enquiry
             ,
             27
             ,
             28.
             
          
           
             Per
             Leg.
             Oleron
             Cap.
             15.
             
          
           
             Per
             Leg.
             Oleron
             .
             Cap.
             14.
             
          
           
             Exod.
             30.
             31.
             
          
           
             Moses
             Kotsenses
             
               Printed
               at
            
             Venice
             1557.
             de
             Siclis
             ,
             fo
             .
             12●…
             .
             Col.
             2.
             
          
           
             Alex.
             Gendier
             .
             l.
             5.
             cap.
             30.
             
             〈◊〉
             .
          
           
             Reg.
             Orig.
             194.
             
             Statut.
             5
             R.
             2.
             cap.
             2.
             3
             
             H.
             7.
             6.
             
          
           
             〈◊〉
             E.
             〈◊〉
             .
             Acton
             B●…nel
             .
          
           
             This
             Usury
             was
             first
             introduced
             by
             the
             Jewes
             here
             in
             
               England
               .
               Vide
               Co.
            
             2.
             
             
               Inst.
               fo
            
             .
             506.
             
          
           
             3
             &
             4
             H.
             7.
             
          
           
             *
             And
             therefore
             some
             are
             of
             opinion
             ,
             that
             there
             can
             be
             no
             certain
             rate
             set
             on
             the
             Par
             in
             Exchange
             ,
             to
             answer
             justly
             the
             value
             of
             the
             Coyns
             of
             Forraign
             Parts
             ,
             by
             reason
             of
             the
             diversity
             of
             them
             ,
             and
             of
             their
             intrinsical
             values
             .
             Vide
             Sir
             
               Robert
               Cottens
            
             Posthuma
             ,
             fo
             .
             306.
             
          
           
             Cro.
             2.
             so
             .
             7.
             
             Martin
             versus
             Bour.
             Pasch.
             1
             
               Jac.
               in
            
             B.
             R.
             
          
           
             Reg.
             Orig.
             fo
             .
             194.
             
             Statut.
             5
             〈◊〉
             .
             2.
             
             Cap.
             2.
             
          
           
             Consuetudo
             quandocunque
             pro
             lege
             Servatur
             ,
             saith
             Bracton
             ,
             in
             partibus
             ubi
             fuerit
             more
             utentium
             approbata
             ;
             longaevi
             enim
             temporis
             usus
             &
             consuetudinis
             non
             est
             vilis
             authoritas
             ,
             lib.
             1.
             
             Cap.
             3.
             
          
           
             Words
             are
             made
             to
             signifie
             things
             ;
             By
             the
             word
             ,
             Deliverer
             ,
             is
             meant
             he
             that
             payes
             the
             Money
             beyond
             Sea.
             By
             the
             word
             ,
             Drawer
             ,
             he
             that
             writes
             or
             drawes
             the
             Bill
             of
             Exchange
             ;
             the
             person
             upon
             whom
             ,
             is
             called
             the
             Acceptor
             .
          
           
             Nor
             is
             any
             such
             thing
             as
             a
             3.
             dayes
             respite
             to
             be
             allowed
             for
             acceptance
             .
          
           
             Per
             Jasonem
             in
             lege
             allegantur
             ff
             .
             de
             conditionibus
             indebiti
             .
          
           
             Mich.
             19
             Jao
             .
             C.
             B.
             Vanheath
             versus
             Turner
             ,
             Winch.
             24
             ,
             25.
             
          
           
             Trin.
             20
             Car.
             2
             in
             B.
             R.
             
          
           
             The
             receiving
             of
             part
             of
             the
             Moneys
             upon
             the
             Bill
             ,
             does
             no
             wayes
             weaken
             the
             Bill
             .
          
           
             Per
             leg
             .
             publia
             in
             si
             ff
             .
             depositi
             &
             per
             Bart.
             ibidem
             ,
             &
             per
             Romanum
             singulari
             ,
             474.
             
          
           
             Words
             are
             made
             to
             signifie
             things
             ;
             Therefore
             by
             the
             word
             ,
             Deliverer
             ,
             is
             meant
             he
             that
             payes
             the
             Money
             :
             he
             that
             drawes
             the
             Bill
             is
             called
             the
             Taker
             or
             Drawer
             :
             And
             the
             party
             upon
             whom
             ,
             is
             called
             the
             Accepter
             .
          
           
             Styles
             ,
             Pasch.
             1654.
             in
             B.
             R.
             fo
             .
             370.
             
          
           
             *
             That
             is
             for
             not
             payment
             ,
             the
             Bill
             being
             once
             accepted
             .
          
           
             Styles
             Reports
             ,
             in
             B.
             R.
             370.
             
          
           
             Monck
             versus
             Clayton
             Mil
             '
             ,
             and
             Morris
             .
             Mich.
             22
             Car.
             2.
             in
             B.
             R.
             
          
           
             And
             though
             the
             same
             seems
             an
             act
             of
             Wisdome
             for
             Merchants
             and
             others
             so
             to
             take
             ,
             yet
             it
             oftentimes
             proves
             the
             destruction
             of
             many
             a
             Family
             ;
             The
             Father
             puts
             out
             the
             Son
             perhaps
             with
             no
             less
             then
             2
             or
             300
             l
             ;
             and
             is
             himself
             become
             bound
             for
             his
             Truth
             and
             just
             Accounting
             ,
             &c.
             
             The
             Servant
             is
             immediately
             trusted
             with
             his
             Cash
             ,
             and
             then
             he
             too
             young
             experienc'd
             in
             the
             World
             ,
             either
             neglects
             keeping
             a
             iust
             account
             ,
             or
             keeping
             that
             ,
             subjects
             his
             Masters
             Cash
             to
             be
             spent
             by
             himself
             and
             those
             who
             make
             it
             their
             sole
             Trade
             to
             betray
             such
             Youths
             :
             The
             Master
             finding
             the
             consumption
             ,
             calls
             his
             Servant
             to
             account
             ,
             who
             conscious
             of
             the
             act
             ,
             forsakes
             his
             Service
             ,
             dares
             not
             see
             his
             Relations
             ,
             and
             then
             as
             a
             general
             consequence
             falls
             into
             a
             Company
             ,
             the
             which
             nothing
             but
             Providence
             can
             preserve
             from
             taking
             their
             wicked
             courses
             .
             The
             Father
             is
             called
             to
             answer
             ,
             (
             what
             ever
             the
             Master
             does
             say
             the
             Servant
             hath
             spent
             or
             imbezled
             )
             none
             being
             able
             to
             contradict
             him
             ,
             he
             must
             with
             a
             heart
             full
             of
             grief
             submit
             to
             and
             pay
             ,
             besides
             the
             loss
             of
             the
             Moneys
             advanced
             upon
             the
             Servant's
             first
             putting
             forth
             :
             Which
             sometimes
             proves
             a
             great
             affliction
             in
             a
             Family
             .
             On
             the
             other
             side
             ,
             if
             Servants
             were
             not
             to
             be
             entrusted
             ,
             the
             Mystery
             could
             not
             be
             learnt
             ,
             nor
             the
             business
             dispatched
             ;
             and
             therefore
             faith
             must
             be
             given
             :
             but
             then
             it
             were
             Justice
             and
             Honesty
             that
             as
             a
             Father
             puts
             perhaps
             the
             Child
             of
             his
             love
             to
             one
             in
             whom
             he
             reposes
             a
             faith
             and
             trust
             ,
             that
             the
             Master
             should
             be
             then
             as
             a
             Parent
             ,
             so
             they
             should
             prevent
             all
             occasions
             that
             might
             subject
             them
             to
             Temptations
             ,
             and
             not
             be
             over-hasty
             in
             Trusting
             them
             with
             the
             Cash
             :
             which
             is
             the
             very
             Bait
             our
             London
             Gamesters
             catch
             such
             Gudgeons
             .
          
           
             Rastal
             339.
             
          
           
             Bald.
             in
             r●…
             br
             .
             de
             constitut
             .
             pecunia
             in
             ult
             .
             Col.
             &
             leg
             .
             quidem
             ff
             .
             eodem
             Col.
             penult
             .
          
           
             Bald.
             in
             Leg.
             pro
             debito
             .
             C.
             de
             bon
             .
             actor
             .
             Judi
             .
             possiden
             .
             &
             per
             Bartol
             .
             in
             Leg.
             singularia
             .
             Col.
             7.
             ff
             .
             probatur
             .
          
           
             Pinchard
             versus
             Fowk
             ,
             Styles
             ,
             416.
             
          
           
             Pasch.
             1654.
             in
             B.
             R.
             Styles
             370.
             
          
           
             London
             .
          
           
             Holland
             .
          
           
             There
             are
             two
             Protests
             ,
             1.
             
             For
             non-acceptance
             ,
             which
             is
             called
             intimation
             .
             2.
             for
             non-payment
             .
          
           
             *
             Which
             is
             look'd
             upon
             to
             be
             the
             third
             day
             .
          
           
             There
             is
             no
             danger
             ,
             be
             the
             party
             never
             so
             responsible
             ,
             to
             protest
             immediately
             if
             the
             money
             be
             not
             paid
             when
             it
             is
             due
             
               i.
               e.
            
             the
             third
             day
             ;
             but
             there
             may
             (
             especially
             beyond
             Seas
             )
             be
             great
             hazard
             for
             want
             of
             protesting
             .
          
           
             In
             leg
             .
             pno
             debito
             in
             fine
             C.
             de
             bonis
             author
             .
             Judi
             .
             possiden
             .
          
           
             14
             dayes
             allowed
             from
             the
             death
             before
             Administration
             can
             be
             committed
             ,
             unless
             there
             be
             a
             Will.
             
          
           
             But
             an
             Intimation
             ought
             to
             go
             ,
             and
             that
             the
             Acceptor
             is
             willing
             to
             pay
             according
             to
             Order
             .
          
           
             *
             L.
             1.
             
             Cap.
             1.
             
             §.
             1
             ,
             2
             ,
             3.
             
          
           
             *
             Aristotle
             Polit.
             
          
           
             †
             Campanella
             Monarch
             .
             His●…
             .
          
           
             Money
             is
             like
             the
             middle
             term
             of
             a
             Syllogisine
             ,
             of
             which
             it
             is
             said
             ,
             
               Quo
               conveniunt
               in
               tertio
               conveniunt
               inter
               se.
               
            
          
           
             †
             Poland
             and
             generally
             in
             most
             of
             those
             Northern
             Countries
             .
          
           
             Vide
             Chap.
             of
             Exchange
             ,
             §.
             1.
             
          
           
             Leg.
             3.
             
             D.
             de
             Naut
             .
             faen
             .
             l.
             1.
             eod
             .
             l.
             62.
             
             D.
             de
             rei
             Vindic.
             Locinius
             ,
             lib.
             2.
             
             Cap.
             4.
             
             §.
             2.
             
          
           
             †
             Leg.
             Faen
             .
             Naut
             .
             leg
             .
             periculi
             ●…od
             .
          
           
             Vide
             Passim
             ad
             leg
             .
             de
             Faen
             .
             Naut
             .
             &
             DD.
             leg
             .
             Naval
             .
             Rhod.
             
          
           
             Vide
             leg
             .
             3.
             
             C.
             de
             Faen
             .
             Naut
             .
          
           
             Leg.
             Naval
             .
             Art.
             17.
             
          
           
             Art.
             18.
             
          
           
             *
             Testatur
             Vinius
             in
             Peckium
             ad
             .
             I.
             L.
             Nautic
             .
             quem
             vide
             pag.
             95.
             
          
           
             Leg.
             Oleron
             ,
             Cap.
             1.
             
             Leg.
             4.
             
             D.
             de
             Naut
             .
             faen
             .
             l.
             1.
             
             C.
             eod
             .
             leg
             .
             qui
             Romae
             §.
             Callimachus
             de
             verb.
             obl
             .
             &
             ibi
             Gothfr
             .
             &
             alios
             .
          
           
             Scarborrough
             and
             Lyrius
             ,
             Pasch.
             3
             Car.
             in
             B.
             R.
             Rott
             .
             213.
             
             Noy
             95.
             
          
           
             16
             Car.
             cap.
             6.
             
             A
             good
             Law
             ,
             and
             ought
             to
             be
             encouraged
             ;
             It
             's
             pity
             it
             was
             not
             continued
             .
          
           
             *
             Joh.
             Locinij
             ,
             l.
             2.
             
             Cap.
             4.
             
             §.
             1.
             
             Latches
             
               Rep.
               fo
            
             .
             252.
             
             Scarborongh
             '
             
               s
               case
            
             .
          
           
             †
             Teste
             Camdeno
             in
             Britannia
             ,
             p.
             m.
             149.
             
          
           
             Locinius
             lib.
             2.
             
             Cap.
             4.
             
             §.
             1.
             
          
           
             Toto
             lit
             .
             Dig.
             &
             Cod.
             de
             Naut
             .
             faen
             .
             &
             Doctorum
             sic
             hardus
             in
             tit
             .
             Cod.
             de
             Naut
             .
             faen
             .
             n.
             4.
             
          
           
             Trajectitia
             pecunia
             propter
             periculum
             creditoris
             quamdiu
             navigat
             navis
             ,
             infinit
             as
             usur
             as
             capere
             potest
             ;
             
               upon
               which
               Law
               it
               was
               observed
               by
            
             Anianus
             ,
             Quia
             Maris
             periculo
             committitur
             quant
             as
             convenerit
             usur
             as
             hanc
             pecuniam
             dare
             Creditor
             potest
             .
          
           
             *
             Trin.
             6
             Jac.
             in
             B.
             R.
             2.
             
             Cro.
             258.
             
             Sharpley
             versus
             Harroll
             .
          
           
             Verum
             enim
             vero
             hie
             propriè
             non
             versari
             damnatum
             foenus
             sed
             compensationem
             aliquam
             periculi
             ,
             quod
             creditor
             contra
             naturam
             mutui
             in
             se
             recepit
             patrim
             .
             Johannes
             Locinius
             ,
             li●…
             .
             2.
             
             Cap.
             4.
             
             §.
             1.
             
             &
             2.
             
          
           
             *
             C.
             B.
             Hill.
             22
             ,
             23
             Car.
             2.
             
          
           
             Vide
             
               Carolus
               Molinaeus
            
             de
             usur
             .
             q.
             3.
             n.
             92.
             ait
             ,
             hoc
             approbant
             .
             omnes
             Theologi
             ut
             Creditor
             possit
             aliquid
             accipere
             ultra
             fortem
             pro
             susceptione
             periculi
             .
             
               But
               surely
               that
               must
               be
               upon
               a
               real
               venture
               .
            
          
           
             
               Cl.
               Salmasius
               ,
               cap.
            
             9.
             de
             modo
             usur
             .
             fo
             .
             380.
             188.
             218.
             
             Trajectitia
             pecunia
             propter
             periculum
             creditoris
             ,
             quamdiu
             navigat
             navis
             ,
             infinit
             as
             usur
             as
             capere
             potest
             .
             
               Upon
               which
               place
               Anianus
               observes
            
             ,
             Quia
             maris
             periculo
             committitur
             in
             quantas
             convenerit
             usur
             as
             hanc
             pecuniam
             dare
             Creditor
             potest
             .
             Vide
             Novel
             .
             Const.
             106.
             110.
             
          
           
             usura
             legitima
             ejus
             qui
             trajectitiam
             pecuniam
             trans
             mare
             vehendam
             saeneratur
             ,
             id
             est
             cum
             periculo
             suo
             ,
             centesima
             est
             .
          
           
             In
             the
             East-India
             ,
             and
             in
             some
             other
             Companies
             .
          
           
             Pindfold
             versus
             Northee
             ,
             Pasch.
             27
             Car.
             2.
             in
             B.
             R.
             adjudged
             there
             on
             a
             Special
             Verdict
             .
          
           
             Rott
             .
             Almaign
             .
             3
             Ed.
             3.
             
             Rott
             .
             Rott
             .
             Claus.
             29
             Ed.
             1.
             
             Extract
             Bruxelles
             :
          
           
             Dors.
             claus
             .
             an
             .
             16
             Hen.
             3.
             n.
             20
             :
          
           
             Rott
             .
             Claus
             :
             11
             Ed.
             2.
             
          
           
             12
             Ed.
             3.
             
             Memb.
             22.
             indors
             .
             Rott
             .
             Almaigne
             .
          
           
             The
             Parliament
             having
             justly
             ,
             honourably
             and
             voluntarily
             humbly
             presented
             such
             and
             many
             more
             who
             are
             established
             on
             his
             Majestie
             according
             to
             their
             several
             limitations
             .
          
           
             Claus.
             Anno
             5
             Ed
             ,
             3.
             
          
           
             Original
             .
             17
             Ed.
             3.
             
             Rott
             .
             2.
             
          
           
             Vide
             the
             great
             Case
             in
             Mich.
             4
             Jac.
             in
             the
             Exchequer
             versus
             Bates
             .
             Lane
             Rep.
             fo
             .
             22.
             
          
           
             Joseph
             .
             locutus
             de
             Pompeio
             ,
             lib.
             1.
             de
             Bello
             Jud.
             cap.
             5.
             pag.
             720.
             
          
           
             Sigon
             .
             de
             Antiq
             .
             Jure
             Civum
             Rom.
             lib.
             2.
             
             Cap.
             4.
             
          
           
             Luke
             13.
             2.
             
          
           
             Is.
             Causabon
             ,
             Exercit.
             3.
             37.
             
          
           
             Suton
             .
             in
             Flav.
             Vesp.
             c.
             1.
             
          
           
             Tertullian
             
               (
               Printed
            
             1609.
             )
             de
             pudi●…
             .
             Cap.
             9.
             
          
           
             1
             Eliz.
             Dyer
             165.
             
          
           
             31
             Ed.
             1.
             num
             44.
             intus
             .
          
           
             a
             Repairing
             publick
             Walls
             .
          
           
             b
             Bridges
             .
          
           
             c
             Pavements
             .
          
           
             *
             It
             is
             supposed
             it
             should
             be
             Sindo●…ibus
             ,
             of
             Lawn
             ,
             Cambrick
             or
             other
             fine
             Linnen
             .
          
           
             Sir
             
               John
               Davies
            
             in
             the
             Case
             of
             Customes
             .
          
           
             Vide
             the
             Stat.
             12
             Car.
             2.
             of
             Tunnage
             and
             Poundage
             .
          
           
             Vide
             in
             tit
             .
             Prisage
             .
          
           
             Directions
             on
             Tunnage
             .
          
           
             Directions
             in
             Poundage
             .
          
           
             Directions
             for
             the
             payment
             of
             the
             Subsidy
             upon
             Woollen
             Clothes
             ,
             or
             old
             Drapery
             .
          
           
             Subsequent
             Impositions
             to
             the
             Act
             of
             Tunnage
             and
             Poundage
             ,
             and
             the
             Book
             of
             Rates
             .
          
           
             12
             Car.
             2.
             
          
           
             This
             Collected
             as
             the
             Tunnage
             and
             Poundage
             is
             directed
             .
          
           
             14
             Car.
             2.
             cap.
             11.
             
             For
             preventing
             of
             Fraud
             .
          
           
             14
             Car.
             2.
             cap.
             11.
             
          
           
             14
             Car.
             22.
             11.
             
          
           
             18
             Car.
             2.
             cap.
             5.
             
          
           
             22
             Car.
             2.
             cap.
             3.
             
          
           
             Per
             Act
             of
             Nav.
             12
             Car.
             cap.
             18.
             
             Vide
             the
             Statutes
             ,
             and
             the
             particular
             Commodities
             enumerated
             there
             .
          
           
             Rule
             .
          
           
             
               Rule
               .
               Vide
            
             the
             Table
             of
             Strangers
             Duties
             upon
             Wines
             .
          
           
             14
             Car.
             2.
             
             Vide
             Table
             of
             French
             Wines
             .
          
           
             Act
             of
             Navigation
             ,
             12
             Car.
             2.
             cap.
             18.
             
          
           
             Act
             of
             Trade
             ,
             15
             Car.
             2.
             cap.
             7.
             
             Vide
             Stat.
             and
             the
             particulars
             enumerated
             .
          
           
             Rule
             .
          
           
             12
             Car.
             23
             ,
             24.
             22
             
             Car.
             2.
             4.
             
          
           
             15
             Car.
             2.
             cap.
             11.
             
          
           
             Act
             for
             Trade
             ,
             15
             Car.
             2.
             cap.
             7.
             
          
           
             Act
             for
             Tillage
             ,
             22
             Car.
             2.
             cap.
             3.
             
          
           
             22
             ,
             23
             Car
             2.
             20
             
             Car.
             2.
             5.
             
          
           
             20
             Car.
             2.
             5.
             
          
           
             Act
             for
             Trade
             ,
             15
             Car.
             2.
             7.
             
          
           
             
               Proclam
               .
               Car.
               Regis
            
             ,
             20
             Dec.
             1662.
             26
             
             Aug.
             1663.
             
             But
             see
             14
             Car.
             2.
             concerning
             Customes
             .
          
           
             *
             Sir
             Francis
             Moore
             's
             Report
             ,
             224.
             
             Lord
             
             Cobham's
             Case
             .
             The
             like
             not
             long
             since
             adjudged
             in
             the
             Common-Pleas
             (
             on
             a
             Special
             Verdict
             found
             at
             St.
             Edmonds-Bury
             in
             Suffolk
             )
             about
             Mich.
             25
             ,
             or
             Hill.
             25
             &
             26
             Car.
             2.
             
          
           
             Virtute
             cujusdam
             Ordin
             .
             à
             Dom.
             Com.
             Sabbati
             17
             Maij
             ,
             14
             Car.
             2.
             
             Regis
             .
          
           
             Tare
             and
             Tret
             ,
             the
             first
             is
             the
             weight
             of
             the
             Cask
             ,
             or
             Bale
             or
             Covering
             wherein
             goods
             are
             packed
             ;
             the
             other
             is
             a
             consideration
             allowed
             in
             the
             weight
             for
             emptying
             and
             reselling
             the
             Goods
             .
          
           
             22
             H.
             8.
             cap.
             8.
             
          
           
             Per
             Order
             in
             K.
             Charles
             the
             First
             ,
             subscribed
             by
             William
             Lord
             Bishop
             of
             
               London
               ,
               H
            
             Earl
             of
             Manchester
             ,
             Lord
             C.
             J.
             Brampston
             ,
             and
             Lord
             Littleton
             .
          
           
             Portus
             qua
             publicus
             non
             solum
             mercibus
             exonerandis
             inservit
             sed
             ut
             naves
             ibi
             tutum
             receptaculum
             habeant
             ,
             &
             jure
             debito
             ac
             securitate
             fruantur
             Navigantes
             quatenus
             innocuum
             iter
             et
             stationem
             quaerunt
             .
             Hinc
             Portus
             &
             Navalia
             Privilegio
             pacis
             publicae
             guadent
             .
             arg
             .
             1.
             
             Leg.
             1.
             
             §.
             stationem
             D.
             de
             flum
             .
             Cap.
             2.
             jur
             .
             Nautic
             .
             Sued
             .
             C.
             1.
             
             §.
             1.
             4
             
             H.
             4.
             20.
             〈◊〉
             
          
           
             Portus
             est
             conclusus
             locus
             quo
             importantur
             merces
             &
             exportantur
             l.
             59.
             de
             verb.
             Sign
             .
             Alias
             statio
             ,
             quod
             ibi
             tuto
             naves
             stare
             possint
             ,
             leg
             .
             1.
             
             §.
             13.
             
             D.
             de
             flum
             .
          
           
             Ad
             Portus
             instaurationem
             quia
             publicae
             utilitatis
             gratia
             fit
             omnes
             subditi
             loci
             conferre
             oper
             as
             debent
             .
             l.
             7.
             
             C.
             de
             oper
             .
             pub
             .
             Portus
             intuitu
             fluminis
             quo
             ambitur
             ,
             &
             vectigalis
             quod
             ex
             Navium
             statione
             penditur
             ,
             est
             publicus
             &
             hodie
             Regalibus
             accensitur
             .
             §.
             2.
             
             Inst.
             de
             rer
             .
             dio
             .
             l.
             4.
             
             §.
             D.
             de
             eod
             .
             c.
             un
             .
             quae
             sunt
             Rega
             .
          
           
             *
             Some
             Stairs
             on
             the
             West
             side
             thereof
             is
             declared
             not
             to
             be
             a
             place
             for
             shiping
             or
             ladding
             of
             Goods
             .
          
           
             †
             Excluding
             the
             Stairs
             there
             ,
             which
             are
             declared
             no
             lawful
             place
             for
             shiping
             ,
             or
             landing
             of
             Goods
             or
             Merchandize
             .
          
           
             *
             The
             Stairs
             there
             declared
             unlawful
             for
             shipping
             or
             landing
             Goods
             or
             Merchandize
             .
          
           
             †
             The
             Staires
             there
             declared
             no
             lawful
             place
             for
             shipping
             and
             landing
             of
             Goods
             and
             Merchandizes
             .
          
           
             *
             The
             Staires
             on
             the
             East
             declared
             unlawful
             for
             shipping
             or
             landing
             of
             any
             Goods
             ,
             &c.
             
          
           
             One
             other
             place
             betwixt
             
               Cocks
               Key
            
             and
             
               Fresh
               Wharfe
            
             ,
             called
             part
             of
             
               Fresh
               Wharfe
            
             ,
             the
             Staires
             are
             declared
             to
             be
             unlawful
             for
             shipping
             or
             landing
             of
             any
             Goods
             ,
             &c.
             
          
           
             
               Vide
               Cap.
            
             14.
             what
             are
             lawful
             places
             of
             landing
             .
          
           
             Coke
             12
             part
             ,
             fo
             .
             17
             ,
             18.
             
          
           
             Fogassaes
             case
             ,
             Plowden
             .
             Com.
             fo
             .
             9.
             
          
           
             14
             H.
             7.
             
          
           
             12
             Car.
             2.
             
             Cap.
             32.
             14
             
             Car.
             2.
             
             Cap.
             18.
             
          
           
             Boyce
             versus
             Cole
             
               sen.
               &
            
             Cole
             jun.
             Hill.
             27
             Car.
             2.
             in
             B.
             R.
             
          
           
             There
             is
             a
             Book
             at
             the
             Custome-House
             ,
             in
             which
             there
             is
             a
             general
             value
             set
             on
             all
             Goods
             ,
             amongst
             which
             Tobacco
             is
             there
             valued
             .
          
           
             Nor
             can
             such
             Merchants
             Stranger
             land
             their
             Goods
             before
             they
             have
             agreed
             for
             the
             Customes
             ,
             notwithstanding
             
               Charta
               Mercatoria
            
             .
          
           
             †
             Vide
             Lib.
             3.
             
             Chap.
             14.
             
             §.
             10.
             
          
           
             Note
             .
             That
             all
             these
             severall
             allowances
             are
             not
             by
             Act
             of
             Parliament
             ,
             but
             purely
             his
             Majesties
             gratious
             and
             voluntary
             gift
             and
             benignity
             towards
             the
             encourageing
             the
             Merchants
             and
             Trade
             .
          
           
             27
             Ed.
             3.
             
             Cap.
             13.
             12
             
             Car.
             2.
             
             Cap.
             4.
             
          
           
             14
             Car.
             2.
             
             Cap.
             11.
             
          
           
             †
             Per
             Letters
             Patents
             bearing
             Date
             24.
             of
             Feb.
             27
             Car.
             2.
             
          
           
             *
             De
             Offic.
             1.
             
          
           
             †
             De
             Benef.
             4.
             
             Symps.
             7.
             
          
           
             Leg.
             quaeda●…
             D.
             de
             rer
             .
             divis
             .
          
           
             Bald.
             3.
             cons.
             293.
             
          
           
             *
             Lib.
             1.
             
             Cap.
             1.
             
          
           
             †
             §.
             3.
             
             &
             4.
             
             Serv.
             ad
             .
             7.
             
             Aen.
             littusque
             〈◊〉
             innocuum
             cujus
             vindicatio
             ,
             ait
             ,
             Nulli
             possit
             nocere
             .
          
           
             Plutarch
             relates
             ,
             That
             Cymon
             going
             to
             ayd
             the
             
               Lacedemonians
               ▪
            
             led
             his
             Army
             ▪
             thorough
             Corinth
             ,
             being
             reprehended
             by
             the
             Corinthians
             for
             not
             asking
             leave
             of
             the
             City
             :
             
               Nam
               et
               qui
               fores
               alienas
               puls●…t
               ,
               non
               intrare
               nisi
               domini
               permissu
               :
               ac
               vos
               inquit
               ,
               Cleoneorum
               &
               Megarensium
               fores
               non
               pulsastis
               sed
               perfregistis
               ,
               consentes
               omnia
               patere
               d●…bere
               plus
               valentibus
               .
            
             However
             Passage
             is
             and
             must
             be
             requested
             ;
             But
             in
             lieu
             of
             that
             ,
             the
             striking
             of
             the
             Flagg
             ,
             and
             lowring
             the
             Topsail
             is
             in
             token
             of
             that
             Right
             due
             to
             His
             Majestie
             in
             the
             Brittish
             Seas
             .
          
           
             Vide
             Lib.
             1.
             
             Chap.
             4.
             
             Vide
             Mr.
             Selden
             Mare
             Clausum
             .
          
           
             †
             That
             is
             by
             the
             Lawes
             of
             Nature
             ,
             but
             the
             Lawes
             of
             Nations
             and
             those
             of
             Countries
             may
             .
          
           
             *
             In
             Legat
             Cajum
             .
          
           
             Quomodo
             autem
             satis
             digne
             quis
             explicet
             facilitatem
             ad
             mutua
             Commercia
             ,
             nobis
             datam
             ?
             Ne
             enim
             itineris
             longitudo
             impedimentum
             aliorum
             ad
             alios
             commetatibus
             ad
             ferret
             ,
             breviorum
             viam
             ,
             mare
             scilicet
             ,
             ubique
             terrarum
             disposuit
             Deus
             ,
             ad
             mundum
             tanquam
             unum
             domum
             communiter
             inhabitantes
             crebro
             nos
             invicem
             inviserimu●…
             ;
             &
             apud
             se
             nata
             quisque
             alteri
             communicans
             vicissim
             ,
             commode
             acciperet
             res
             apud
             illum
             abundantes
             ;
             ac
             sic
             exiguam
             tenens
             terrae
             partem
             ,
             ita
             tanquam
             si
             teneret
             universam
             ,
             frueretnr
             ejus
             quae
             uibis
             sunt
             bonis
             .
             Licet
             itaque
             ;
             nunc
             tanquam
             in
             communi
             mensa
             convivarum
             unicuique
             ea
             quae
             sibi
             opposita
             dare
             alteri
             longius
             accumbenti
             ,
             ac
             contra
             quae
             apud
             ipsum
             sunt
             accipere
             mann
             tantum
             extenta
             .
          
           
             Vide
             Strabo
             ,
             lib.
             8.
             &
             lib.
             16.
             
          
           
             *
             13
             H.
             4.
             fo
             .
             14.
             
          
           
             †
             Lib.
             5.
             fo
             .
             63.
             
             Case
             of
             the
             Chamberlain
             of
             London
             .
          
           
             Vide
             the
             Plea
             of
             the
             Venetian
             Lawyers
             at
             the
             end
             of
             Mr.
             
               Selden's
               Mare
               Clausum
            
             .
          
           
             Pereg.
             l.
             1.
             de
             jure
             Fisci
             ,
             Cap.
             1.
             num
             .
             ●…7
             .
          
        
         
           Notes for div A51124-e88340
           
             L.
             libertus
             §
             1.
             
             D.
             de
             statu
             hominum
             .
             Fiunt
             etiam
             servi
             liberi
             homines
             Captivitate
             de
             jure
             gentium
             .
             
               Bracton
               l.
            
             1.
             c.
             6.
             
             Littleton
             Sect.
             175.
             l.
             Postlim
             .
             §
             1.
             
             D.
             de
             Captiv
             .
          
           
             L.
             &
             servorum
             §
             1.
             
             D.
             de
             statu
             hominum
             .
             Apud
             omnes
             peraeque
             gentes
             ,
             
               ait
               Cajus
            
             animadvertere
             possumus
             dominis
             in
             servos
             vitae
             necisque
             potestatem
             fuisse
             .
             Co.
             Instit.
             fo
             .
             116.
             b.
             B.
             l.
             1.
             
             D.
             de
             his
             qui
             sui
             sunt
             juris
             institit
             .
             de
             his
             qui
             sui
             .
          
           
             Leg.
             Cornelia
             ff
             .
             de
             Testam
             .
             &
             Leg.
             Cornel.
             ff
             .
             de
             vulg
             .
             substit
             .
          
           
             In
             jure
             Postliminii
             Leg.
             retor
             .
             &
             l.
             in
             bello
             .
             §
             1.
             &
             l.
             bon
             ss
             .
             de
             Capt.
             &
             §
             4.
             
             D.
             quibus
             mod
             .
             jus
             patr
             .
             solvit
             .
             And
             Fortescue
             
               conceives
               ,
               it
               began
            
             ab
             homine
             &
             pro
             vito
             introducta
             〈◊〉
             servitus
             E●…
             libertas
             〈◊〉
             ●…inis
             〈◊〉
             naturae
             quar●…
             〈◊〉
             ab
             homine
             〈◊〉
             〈◊〉
             redire
             gli●…t
             .
             ut
             facit
             〈◊〉
             quod
             libertate
             naturalis
             privatur
             .
             Cap
             42.
             
          
           
             *
             Artic.
             of
             war
             Anno
             1673.
             for
             His
             Majesties
             Forces
             ,
             Artic.
             24.
             
          
           
             B●…rt
             in
             l.
             nam
             .
             &
             serv.
             D.
             de
             Reg
             gistis
             .
          
           
             In
             the
             Wars
             of
             the
             French
             with
             the
             Spaniards
             in
             Italy
             ,
             a
             Horseman
             was
             Ransomed
             for
             the
             4
             th
             of
             his
             yearly
             Pay.
             
               Vide
               Maria
               na
               .
               lib.
            
             27
             18.
             
             And
             in
             the
             last
             Belgick
             War
             ,
             the
             English
             dismist
             all
             the
             Flemings
             that
             were
             taken
             in
             War
             ,
             as
             they
             did
             the
             like
             with
             those
             of
             
               England
               An.
            
             167●…
             /
             ●…
             .
             
               Quam
               non
               sit
               ardua
               vertus
               servitium
               fugisse
               manu
               ,
            
             it
             is
             none
             of
             the
             hardest
             Vertues
             to
             embrace
             Death
             to
             avoid
             Slavety
             .
          
           
             *
             16
             ,
             17.
             
             Car.
             2.
             
             Cap.
             24.
             
             It
             's
             expired
             ;
             but
             His
             Maiesty
             is
             yet
             graciously
             pleased
             to
             consider
             the
             state
             of
             his
             poor
             Subjects
             ,
             and
             thereupon
             hath
             appointed
             a
             Committee
             of
             the
             Lords
             of
             the
             Privy
             Council
             ,
             for
             the
             managing
             of
             that
             Affair
             .
          
           
             †
             Yet
             some
             of
             the
             English
             Merchants
             ,
             &
             others
             ,
             at
             the
             Canaries
             ,
             do
             here
             support
             this
             unnatural
             Custom
             .
             So
             likewise
             at
             Virginia
             ,
             and
             other
             Plantations
             .
          
           
             Exod.
             21.
             26
             ,
             27.
             
          
           
             Vide
             the
             Statute
             of
             5
             Eliz.
             who
             hath
             provided
             the
             like
             remedy
             in
             other
             places
             .
          
           
             Deut.
             15.
             13.
             
          
           
             The
             Russians
             having
             seized
             on
             the
             Countrey
             of
             Illyria
             ,
             and
             made
             it
             their
             own
             by
             Conquest
             ,
             their
             Victory
             pleased
             them
             so
             highly
             ,
             that
             thereupon
             called
             themselves
             by
             a
             new
             Name
             ,
             Slave
             ,
             which
             is
             in
             their
             Language
             Glorious
             ;
             but
             in
             after
             time
             ,
             (
             that
             warmer
             Climate
             having
             thawed
             their
             Northern
             hardness
             ,
             and
             not
             ripned
             their
             Wits
             )
             when
             they
             were
             Conquered
             ,
             the
             Italians
             in
             derision
             calling
             them
             ;
             (
             being
             then
             their
             Bond-men
             )
             Slaves
             .
             
               Sir
               Walter
               Rawleigh
               ,
               lib.
            
             2.
             
             Cap.
             17.
             
             §
             8.
             
          
           
             Vide
             leg
             .
             12.
             
             Tabuli
             Sigonus
             de
             jure
             Roman
             .
             l.
             1.
             
             Cap.
             10.
             
          
           
             *
             Justin.
             Inst.
             l.
             1.
             tit
             .
             de
             Ingenius
             vide
             Franc.
             Silo
             in
             Cattilin
             ar●…
             4.
             
          
           
             Goodwyn
             Antique
             Rom.
             4.
             33
             ,
             34.
             
          
           
             Tertullian
             de
             de
             resur
             .
             Car●…
             .
          
           
             *
             As
             to
             some
             things
             
               Vide
               postea
            
             §
             9.
             
          
           
             Magna
             Charta
             Cop.
             14.
             
          
           
             1
             R.
             3.
             so
             .
             4.
             
          
           
             Bacons
             Case
             ,
             1
             Cro.
             4.
             so
             .
             437.
             
          
           
             Stephens
             Case
             2
             Car.
             in
             the
             Dutchy
             .
          
           
             A
             Geius
             Noct.
             Artic.
             l.
             3
             c.
             17.
             
          
           
             First
             granted
             17
             
               Joh.
               Reg.
            
             revived
             9
             H.
             3.
             and
             since
             confirmed
             above
             30
             times
             .
          
           
             *
             The
             Lord
             Morley
             and
             Monteagles
             Case
             ;
             for
             the
             supposed
             Murder
             of
             one
             Hastings
             ,
             15
             Car.
             2.
             
          
           
             10
             E.
             4.
             6.
             33
             
             Hen.
             8.
             
             Bro.
             title
             tryals
             .
          
           
             8
             Ed.
             3.
             
             Rot.
             Parl.
             m.
             7.
             
          
           
             28
             E.
             3.
             
             Cap.
             3
             
          
           
             Atamen
             in
             poenae
             nomine
             lene
             fuit
             :
             Quippe
             relegatus
             ,
             non
             exul
             dicor
             in
             illo
             
               Ovid.
               de
               Trist.
               li.
            
             2.
             
             Elig
             .
          
           
             *
             Adde
             quod
             edictum
             quamvis
             immitte
             minaxque
             
          
           
             In
             London
             the
             same
             is
             done
             by
             exhibiting
             an
             Information
             in
             the
             name
             of
             the
             common
             Serjeant
             ,
             in
             the
             Mayors
             Court
             there
             against
             any
             Citizen
             that
             shall
             justly
             deserve
             so
             great
             a
             d●…
             honour
             .
          
           
             *
             17
             Car.
             2.
             
             Cap.
             2.
             
          
           
             Mr.
             Selden
             observes
             ,
             That
             in
             the
             time
             of
             King
             Henry
             the
             First
             ,
             and
             of
             other
             Kings
             ,
             both
             before
             and
             after
             him
             ,
             that
             if
             any
             man
             accused
             of
             a
             Capital
             Crime
             done
             at
             Sea
             ,
             being
             publickly
             called
             Five
             times
             by
             the
             Voice
             of
             the
             Cryer
             ,
             after
             so
             many
             several
             days
             assigned
             ,
             did
             not
             make
             his
             appearance
             in
             the
             Court
             of
             Admiralty
             ,
             he
             was
             Banished
             out
             of
             
               England
               ;
               &
               de
               mere
               appurtenant
               ou
               Roy
               d'Angleterre
               ,
            
             for
             40
             years
             more
             or
             less
             ,
             according
             to
             his
             offence
             .
             
               Mar.
               Claus.
               so
            
             .
             12.
             
          
           
             34
             E.
             1●…1
             H.
             4.
             
             Bulstrod
             ,
             3.
             part
             188.
             
          
           
             15
             E.
             3.
             
             Fitzh
             .
             Petition
             pl.
             
             2.
             
          
           
             8.
             
             
               Re.
               fo
            
             .
             126.
             
             Case
             City
             of
             London
             .
          
           
             Fo.
             124
             
          
           
             King
             Edward
             the
             3d.
             granted
             
               to
               John
               Falcount
               de
               Luca
               an
            
             Apothecary
             of
             the
             City
             of
             
               London
               ,
               quod
               ipse
               omnibus
               libertatibus
               quas
               Cives
               Civitatis
               praedict
               habent
               in
               eadem
               Civitate
               alibi
               infra
               Regnum
            
             Angl
             '
             
               nostrum
               habeat
               gaudeat
               &
               utatur
            
             &c.
             
             
               Rot.
               Pat.
            
             32
             E
             ,
             3.
             
             In
             the
             Tower
             ;
             yet
             it
             was
             held
             ,
             That
             this
             Grant
             did
             not
             make
             him
             a
             Free-man
             of
             the
             City
             ,
             for
             it
             cannot
             be
             attained
             ,
             but
             by
             one
             of
             those
             ways
             .
          
           
             †
             Case
             of
             the
             City
             of
             
               London
               ,
               Co.
            
             8.
             
             Report
             .
          
           
             
               Confirmed
               by
            
             Magna
             Charta
             cap.
             9.
             
             Rott
             .
             Parl.
             7.
             
             R.
             num
             .
             37.
             
          
           
             9
             E.
             2.
             cap.
             2.
             29
             
             E.
             3.
             cap.
             2.
             27
             
             E.
             3.
             cap.
             11.
             7
             
             H.
             4.
             cap.
             1.
             
          
           
             9
             H.
             4.
             this
             Act
             is
             not
             printed
             .
          
           
             James
             Baggs
             Co.
             11.
             
             Rep.
             
          
           
             Calvinu●…
             
               case
               ▪
            
             Go.
             lib.
             7.
             
          
           
             Yelverton
             199
             :
          
           
             LordDyer
             283.
             
          
           
             Pasce
             29
             Eliz.
             Sir
             
               James
               Crofts
            
             case
             by
             the
             Judges
             .
          
           
             32
             E.
             3
             ▪
             Cozinag
             .
             5.
             
          
           
             3
             Report
             Rat●…
             lifts
             Case
             .
          
           
             Seldeni
             de
             successionibus
             apud
             Heb●…s
             cap
             ,
             20.
             
          
           
             Comment
             .
             on
             Littleton
             fo
             .
             5.
             68
             tit
             .
             3.
             
          
           
             8
             tit
             .
             1.
             de
             haeredibus
             ab
             intestato
             venien●…
             tibus
             .
          
           
             Customs
             Normand
             .
             c.
             descheancres
             .
          
           
             Grotius
             de
             Jure
             belli
             ac
             Pacis
             lib.
             2.
             cap.
             7.
             
          
           
             Dyer
             274
             ▪
             Grayes
             .
          
           
             
               Courtneyes
               c.
            
             Com.
             Pleas
             Coron
             .
             fo
             .
             141.
             
          
           
             Michelmas
             1
             Car.
             Cro.
             3.
             part
             Caroons
             c.
             
          
           
             32
             Ed.
             3.
             tit
             .
             Cozinage
             .
             5.
             
          
           
             
               Ramseyes
               c.
            
             15.
             
             Car.
             11.
             in
             Com.
             Banc.
             
          
           
             Godfry
             and
             Dixons
             case
             .
             Hill.
             16.
             
             Iac.
             in
             B●…R
             .
             Godbolt
             275.
             
          
           
             De
             Natis
             ultra
             mare
             25
             Ed.
             3.
             
          
           
             2
             Car.
             in
             the
             Dutchy
             in
             Stephens
             cause
             .
          
           
             16
             Car.
             1
             Cro.
             437.
             
             Bacons
             case
             .
          
           
             Prowdes
             case
             of
             Kent
             .
          
           
             Com.
             lit
             .
             fo
             .
             8.
             
          
           
             Per
             L.
             C.
             I.
             Hale
             in
             Ramseye
             case
          
           
             *
             Just.
             l.
             9.
             tit
             .
             de
             gradibus
             consanguinitatis
             38.
             
          
           
             †
             Decret
             .
             Gracianii
             cap.
             35.
             quaest
             .
             5.
             
          
           
             Litt.
             sec
             20.
             31
             
             Ed.
             3.
             
             Gard.
             116.
             
             Hollands
             
               cause
               cited
               by
            
             Littleton
             .
          
           
             *
             Servien
             in
             Comptes
             ,
             degrees
             in
             line
             Collat.
             
               Solenk
               ,
               &c.
            
             
          
           
             *
             Browns
             case
             Mic.
             1656.
             
             
               B.
               R.
               Contra
            
             5
             E.
             6.
             
             Bro.
             Admiration
             47.
             which
             prefers
             the
             Brother
             of
             the
             half
             blood
             before
             the
             Mother
             .
          
           
             10
             Eliz.
             Dyer
             .
             274.
             
             Grayes
             case
             .
          
           
             Com.
             placit
             Coron
             .
             so
             .
             241.
             
             Henry
             Courtneys
             case
             .
          
           
             Mich.
             40.
             41.
             
             Eliz.
             ruled
             in
             the
             Exche
             .
             quer
             in
             the
             case
             of
             Hobby
             .
          
           
             49
             E.
             3.
             12.
             par
             Tanke
             and
             Pershay
             .
          
           
             Co.
             7.
             
             Rep.
             21.
             
             Calvins
             cast
             .
          
           
             Sir
             
               John
               Burroughs
            
             Soveraignty
             of
             the
             Seas
             ,
             so
             .
             102.
             
          
           
             Pasce
             31
             Eliz.
             C.
             B.
             
          
           
             Mich.
             6
             Jac.
             in
             C.
             B
             Brownlow
             1.
             part
             45.
             
          
           
             Mich.
             29.
             
             Eliz
             ▪
             in
             C.
             B.
             Gold
             Folio
             29.
             
             Mich.
             30
             Eliz.
             Coke
             5.
             part
             Pages
             cause
             fol.
             52.
             
             Moore
             431.
             
             Walton
             v.
             Mashum
             Dyer
             282.
             
             Alien
             Stamford
             Prerogative
             Regis
             ca.
             18.
             fol.
             53.
             
               tit
               Kings
               seizin
            
             ,
             &c.
             Cross
             ve
             .
             Gayer
             Cro.
             3.
             part
             so
             :
             123.
             
             Plowd
             .
             Com.
             477.
             
          
           
             17
             E.
             3.
             fol.
             10.
             
             Henry
             Hills
             cause
             .
          
           
             29
             Assize
             30
             ,
             32.
             32
             
             Assize
             Travers
             32.
             
               vouched
               in
            
             Stamfords
             plt
             .
             fol.
             54.
             cap.
             18.
             
          
           
             23
             Cdr.
             in
             B.
             R.
             Styles
             20.
             
             King
             vers
             .
             Holland
             .
          
           
             Stat.
             14.
             
             Car.
             2.
             cap.
             11.
             
          
           
             14
             ,
             15
             H.
             8.
             
             Cap.
             4.
             
          
           
             Hill.
             12
             Jac.
             Bulstrod
             3.
             part
             fol.
             19.
             
               cited
               in
               St.
            
             Thoma
             Walters
             case
             .
          
           
             Yelverton
             199.
             
             
               Turloote
               vers
               .
               Monson
            
             .
             8
             
               Jac.
               B.
               R.
               Moore
            
             4●…1
             .
             But
             yet
             Aliens
             and
             Denizons
             are
             restrained
             by
             the
             Stat.
             of
             5
             
               Eliz.
               Ca.
            
             to
             use
             any
             Trade
             ,
             not
             having
             served
             seven
             years
             as
             Apprentices
             within
             the
             Realm
             .
             Vide
             the
             Statute
             what
             Trades
             Trin.
             12.
             
             Car.
             1.
             at
             Sergeants-Inn
             in
             Fleet-street
             by
             all
             the
             Judges
             .
             Huttons
             Reports
             fol.
             132.
             
          
           
             Servien
             lib.
             2.
             cap.
             12.
             
          
           
             Com.
             Litl
             129.
             
          
           
             Coke
             3.
             
             Inst.
             so
             .
             241.
             
          
           
             My
             Lord
             Cook
             so
             conceives
             ,
             but
             Mr.
             Selden
             denyes
             that
             ever
             there
             was
             any
             such
             
               modus
               tenendi
            
             ,
             but
             the
             same
             is
             an
             imposter
             .
             Vide
             his
             Titles
             of
             Honour
             ,
             fol.
             708.
             710
             ,
             718.
             to
             721.
             
          
           
             Selden
             .
             
               Tit.
               of
               Honour
            
             fol.
             213.
             in
             Scotland
             ,
             
               the
               tit
               .
               is
            
             Carolus
             Scotiae
             ,
             Angliae
             ,
             Franciae
             ,
             &
             Hyberniae
             Rex
             ;
             
               but
               in
            
             Ireland
             ,
             Angliae
             ,
             Scotiae
             .
          
           
             *
             From
             hence
             it
             is
             that
             the
             King
             at
             this
             day
             cannot
             alien
             or
             sell
             Ireland
             ,
             without
             an
             Act
             of
             Parliament
             ,
             for
             they
             whose
             right
             he
             succeeds
             could
             not
             do
             it
             ,
             Co.
             4.
             
             
               Institut
               .
               fol.
            
             357.
             nor
             can
             he
             grant
             ,
             
               Portus
               Maris
               obedientiis
               ,
               advo●…
               cationibus
               ,
               &
               patronationibus
               Ecclesiarum
               Metropoliticarum
               &
               Chathedralum
               Cancellar
               .
               Justiciar
               .
            
             nor
             
               mero
               &
               mixto
               Imperio
            
             ,
             and
             many
             more
             ,
             all
             which
             are
             inseparably
             annexed
             a
             Kingdom
             .
          
           
             †
             Imperium
             aliud
             est
             ob
             utilitatem
             ejus
             qui
             Regitur
             ,
             hoc
             inter
             libe●…s
             locum
             habet
             illud
             inter
             Dominos
             &
             servos
             ,
             Arist.
             lib.
             7.
             de
             Republica
             .
          
           
             †
             Case
             of
             the
             Earl
             of
             Sherewsbury
             on
             the
             Stat.
             of
             28.
             8
             of
             Absente●…
             ,
             4.
             
             Inst.
             prescribes
             ,
             fol.
             354.
             
          
           
             *
             
               Or
               else
               they
               came
               to
            
             London
             
               for
               them
            
             Cl.
             18.
             
             Hen.
             3.
             m.
             17.
             
             Ariovistus
             apud
             Caesarem
             ,
             jus
             esse
             belli
             ait
             ,
             ut
             qui
             vicissent
             iis
             quos
             vicissent
             quemadmodum
             vellent
             imperarent
             ,
             de
             Bello
             Gallico
             l.
             1.
             
          
           
             †
             Leg.
             qui
             in
             servitute
             est
             de
             reg
             .
             Juris
             Leg.
             si
             eveniet
             D.
             ad
             leg
             .
             Jud.
             de
             Adult
             .
          
           
             Calvins
             case
             lib.
             7.
             fol.
             23
             :
          
           
             For
             at
             a
             general
             Councel
             at
             Gassels
             of
             all
             the
             Clergy
             there
             Anno
             1170.
             
             Ecclesiastical
             Laws
             of
             England
             were
             established
             ,
             and
             made
             of
             force
             in
             
               Ireland
               ,
               Geraldus
               Cambrensis
               Tepographia
               Hyberniae
               ,
            
             L.
             3.
             cap.
             18.
             
          
           
             *
             Pat.
             8
             E.
             1.
             
             〈◊〉
             .
             13.
             
             Hybern
             .
          
           
             †
             Mathew
             Paris
             Hist
             :
             Angl.
             p.
             121.
             leges
             Angliae
             o●…
             omnibus
             sunt
             gratanter
             preceptae
             .
          
           
             Orucks
             case
             33.
             
             Eliz.
             Cok.
             7.
             part
             fol.
             23.
             
             Calvins
             case
             :
          
           
             †
             Ely
             Placita
             Parliament
             ,
             p.
             198.
             to
             .
             208.
             
          
           
             Sir
             
               John
               Da●…s
            
             on
             the
             Conquest
             of
             Ireland
             103
             ,
             104
             ,
             105.
             
          
           
             Escheat
             52.
             
             An●…
             31.
             
             H.
             3.
             nu●…
             .
          
           
             Car●…ones
             case
             .
             Hobbys
             case
             .
             Stephens
             case
             .
          
           
             Note
             ,
             this
             was
             before
             the
             Statute
             of
             25.
             of
             E.
             3.
             its
             vouched
             by
             Shard
             in
             40
             :
             Assize
             pl.
             
             24.
             see
             Calvins
             case
             7.
             
             Report
             .
          
           
             Ce.
             Inst.
             1.
             fo
             .
             2
             :
          
           
             Godfry
             &
             Dixons
             case
             .
             Hill
             16.
             
             Jac.
             B.
             R.
             Godbolt
             275.
             
          
           
             30
             H.
             8.
             
             Dyer
             44
             ,
          
           
             26
             Ed.
             1.
             
             Rott
             :
             part
             .
             1.
             
          
           
             1
             Dors
             claust
             H.
             3.
             
             Memb.
             17.
             
          
           
             Co.
             1.
             
             Inst.
             fo
             ,
             278.
             
             B.
             
          
           
             Co.
             4.
             
             Inst.
             fol
             :
             47.
             
          
           
             Sans.
             Pl.
             Coron
             .
             lib.
             3.
             cap.
             7.
             
          
           
             Lamb●…
             fol.
             91.
             3.
             
          
           
             C●…
             .
             1.
             
             Just.
             155.
             
          
           
             27
             E.
             3.
             cap.
             8.
             
          
           
             28
             E.
             3.
             cap.
             13.
             
          
           
             But
             if
             it
             be
             for
             Treason
             .
             
               è
               contra
               .
               Vide
               postea
               num
               .
            
             5.
             
          
           
             Dyer
             144.
             
          
           
             Stat.
             18.
             
             Eliz.
             cap.
             Cro.
             3.
             part
             818.
             841.
             
             Bro.
             tit
             .
             trial
             .
          
           
             Cr●…
             .
             3.
             part
             481.
             
          
           
             〈◊〉
             H.
             6.
             4.
             
          
           
             Dyer
             28.
             
          
           
             Dyer
             144
             :
             21
             H.
             7.
             32
             :
          
           
             Pl
             :
             Coron
             .
             159.
             
             Dyer
             357.
             
          
           
             3
             E.
             4
             :
             11
             ,
             12.
             
          
           
             Co.
             l.
             10
             fo
             .
             104.
             
          
           
             Cro.
             3.
             part
             fol.
             818
             ,
             841.
             
          
           
             21
             Herb.
             4.
             
             Stamford
             154.
             
             Hill
             36.
             
             Eliz.
             Dr.
             Lopez
             
               case
               by
               all
               the
               Judges
            
             .
          
           
             
               Vide
               Lord
               Dyer
               fo
            
             .
             144.
             the
             case
             of
             Sherily
             where
             the
             point
             is
             fully
             handled
             .
             
               Co.
               Inst.
            
             3.
             
               part
               fol.
            
             27.
             
          
           
             Moores
             557.
             
             Barrs
             case
             .
          
           
             Colivre
             Coke
             Entries
             tit
             .
             Alien
             1.
             
             Stamford
             160.
             
             B.
             25
             Ed.
             3.
             cap.
             8.
             28
             
             Ed.
             3.
             
             ●…3
             .
             2
             H.
             5.
             3.
             
          
           
             Mich.
             35
             ,
             36.
             
             Eliz.
             in
             B.
             R.
             Sr.
             Julius
             Caesar
             Versus
             Phillip
             Corsini
             .
          
           
             Cr●…
             .
             3.
             part
             275.
             
          
           
             Sir
             John
             Davis
             
               Conquest
               of
            
             Ireland
             ,
             fo
             .
             103
             ,
             104
             ,
             105.
             
          
           
             Co.
             7.
             fol.
             23
             ▪
             Calvins
             ease
             .
          
           
             Mich.
             4.
             
             Car.
             1.
             
             Cro.
             fol.
             242.
             
          
           
             14
             Eliz.
             in
             the
             case
             of
             the
             Duke
             of
             
               Norsolk
               Ce.
               Inst.
            
             4.
             pt
             .
             279.
             
          
           
             *
             11
             H.
             8.
             fo
             .
             4
             ▪
             
          
           
             Hill
             17.
             18.
             
             Car.
             2di
             .
             in
             B.
             R.
             Robles
             .
             Vers.
             Langston
             
          
           
             Hobart
             .
             fo
             .
             271.
             
             Courteens
             case
             .
          
           
             Tacitus
             Annal.
             13.
             
          
           
             ubi
             nec
             possessio
             est
             plene
             in
             homine
             ,
             nec
             homo
             plene
             in
             possessione
             .
          
           
             *
             De
             Jure
             Belli
             ac
             Pacis
             .
             lib.
             2.
             cap.
             2.
             
             §.
             17.
             
          
           
             Dion
             .
             Prusaeenses
             Orat.
             5.
             
          
           
             Recte
             facta
             est
             concessio
             ,
             quae
             est
             sine
             damno
             alterius
             .
          
           
             *
             As
             it
             is
             consonant
             to
             nature
             that
             my
             share
             of
             subsistance
             ,
             which
             was
             before
             uncertain
             should
             now
             be
             fixed
             ,
             so
             it
             is
             necessary
             that
             the
             consent
             which
             others
             gav
             eto
             this
             at
             first
             ,
             should
             stand
             fixed
             ,
             especially
             if
             there
             was
             no
             obligation
             ,
             or
             declaration
             at
             the
             first
             to
             the
             contrary
             .
             
               Vide
               Selden
               de
               Jure
               Na
               :
               &
               gen
               .
               ad
               men
               .
               Heb.
               id
               obligat
               .
               quod
               est
               ex
               officio
               quod
               legis
               est
               :
            
             But
             the
             sanction
             of
             a
             Law
             supposes
             the
             nullity
             of
             a
             state
             of
             nature
             ,
             not
             of
             a
             right
             of
             nature
             .
          
           
             Pia
             mater
             panem
             inter
             liberos
             distribuit
             ut
             fructum
             veniat
             singulis
             .
          
           
             *
             Xenephon
             
               in
               his
               Answer
               to
               the
            
             Sinopenses
             :
             ubi
             jus
             emendi
             nobis
             non
             conceditur
             ,
             sive
             in
             Barbarico
             ,
             sive
             in
             Grecianico
             solo
             ubi
             quae
             opus
             sumimus
             ,
             non
             per
             preterviam
             sed
             ex
             necessitate
             .
             exped
             .
             Cyri.
             ●…5
             .
          
           
             Lessius
             lib.
             〈◊〉
             .
             cap.
             12.
             dub
             .
             1●…
             num
             .
             70.
             
          
           
             2
             Cor.
             8.
             13.
             
          
           
             Grotius
             de
             Jure
             Belli
             ac
             Pacis
             lib.
             2.
             cap.
             2.
             
             §.
             7
             ,
             8
             ,
             9.
             
             Leges
             humanae
             obligant
             uti
             factae
             sunt
             ,
             scilicet
             cum
             sensu
             humanae
             imbecelitatis
             .
          
           
             Ne
             quicquam
             funde
             suspirat
             nummus
             in
             imo
             
          
           
             *
             Intendetnr
             inquit
             socordia
             languescet
             industriâ
             ,
             si
             nullus
             ex
             se
             metus
             aut
             spes
             ,
             &
             securiomnes
             alienae
             subsidia
             expectabunt
             ,
             sibi
             ignavi
             ,
             &
             nobis
             gravis
             ,
             Tacit.
             
          
           
             Matth.
             7.
             11.
             
          
           
             Decretals
             of
             Gratian
             lib.
             Synodus
             Nicaeensis
             Can.
             Synodus
             Aurelacensis
             1.
             
             Can.
             Concilium
             〈◊〉
             letanum
             .
          
           
             Grotius
             de
             Jure
             Belli
             ac
             Pacis
             lib.
             2.
             cap.
             2.
             
             §.
             8
             ,
             9.
             
          
           
             〈◊〉
             Praeter
             mer●…
             caturae
             usum
             Naves
             rei
             militari
             ,
             &
             tucandae
             in
             mari
             contra
             externam
             vim
             reipub
             .
             inservire
             ceperunt
             Ari●…istotle
             7.
             
             Pol.
             6.
             
             
               Mare
               &
               classem
               in
               bello
               esse
               tutelam
               reipub
               .
            
             ait
             Tacitus
             5.
             
             Histor
             .
             Classes
             
               Imperii
               munimenta
            
             vocat
             ●…theniensium
             legati
             apud
             Thucididem
             lib.
             1.
             
             Histor.
             Orat.
             ad
             Lact●…aemonians
             ,
             fortunas
             Graeciae
             in
             navium
             praefidio
             fit
             as
             fuisse
             praedicant
             ,
             esus
             rei
             muri
             lignei
             Themistocles
             abunde
             fidem
             secerunt
             idem
             experientia
             sat
             is
             ●…odie
             loquitur
             .
             Inde
             
               Cosmi
               Medicaeo
            
             familiare
             fuit
             dictum
             ,
             
               Non
               habendum
               potentem
               qui
               potentiae
               terrestri
               ,
               non
               simul
               etiam
               navalem
               haberet
               conjunctam
               .
            
             Et
             Hispanorum
             est
             adag●…um
             ,
             
               Regnum
               sine
               Portu
               esse
               sicut
               furnum
               ●…sque
               igne
               :
            
             Praeterquam
             quid
             navigationes
             cultui
             vitae
             ,
             &
             artium
             traductioni
             Coloniarum
             valetudine
             ,
             &
             voluptati
             serviunt
             .
          
           
             Mirour
             Cap.
             1.
             
             Sect.
             3.
             
             Intr.
             leges
             Ethel
             .
             Cap.
             2.
             
          
           
             Magna
             Charta
             Cap.
             30.
             
          
           
             *
             
               That
               is
               the
               Keeper
               of
               the
               Realm
               in
               his
               absence
               .
            
             Et
             in
             Republica
             maxime
             conservanda
             sunt
             jura
             Belli
             Co.
             2.
             
             Inst.
             fol.
             58.
             
          
           
             Rett
             .
             Parliamenti
             18.
             
             E.
             1
             fol.
             4.
             num
             .
             55.
             
          
           
             Rot.
             Vascan
             .
             18.
             
             Ed.
             2.
             m.
             21.
             
          
           
             4
             H.
             4.
             
             Ca.
             5.
             5
             
             H.
             4.
             
             Ca.
             9.
             
          
           
             *
             Stat.
             17
             to
             .
             4.
             
             Cap.
             1.
             
               confirmed
               by
            
             3
             H.
             7.
             
             Cap.
             8.
             
          
           
             †
             8
             H.
             6.
             
             〈◊〉
             .
             14
             
          
           
             11
             H.
             7.
             cap.
             14.
             22
             
             H.
             8.
             cap.
             8.
             1
             
             E●…z
             .
             cap.
             〈◊〉
             .
             C●…
             .
             〈◊〉
             .
             Inst.
             fol.
             7●…
             .
          
           
             E●…g
             .
             ●…ic
             .
             C●…d
             .
             de
             〈◊〉
             .
             &
             Alce●…
             .
             in
             Leg.
             ●…ercis
             66.
             &
             in
             Leg.
             ●…ercis
             207.
             de
             〈◊〉
             .
             〈◊〉
             .
          
           
             〈◊〉
             ●…iens
             88.
             dist
             .
          
           
             〈◊〉
             de
             cae●…tr
             .
             in
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             .
          
           
             F.
             N.
             B.
             117.
             
             B.
             38.
             
             E.
             37.
             
             Co.
             on
             Littleton
             fo
             .
             182.
             per
             Legem
             mercatoriam
             ,
             jus
             accrescendi
             inter
             mercatoper
             benefici●…
             .
             Commercii
             locum
             non
             habet
             .
             Co.
             sur
             Litt.
             fo
             .
             172.
             lib.
             Intrat
             .
             fol.
             17
             ,
             18
             ,
             19.
             
          
           
             Martin
             versus
             Bo●…z
             .
             1
             Jac.
             B.
             R.
             2
             Cro.
             fo
             .
             7.
             
          
           
             Vid.
             tit
             .
             Exchange
             .
          
           
             Mich
             12
             ,
             &
             13
             Eliz.
             Dyer
             fol.
             296.
             
             Pasc.
             23.
             
             Eliz.
             fo●…
             375.
             5.
             
          
           
             19
             H.
             7.
             
          
           
             Tomlinson
             qui
             tam
             vers
             .
             Henry
             He
             Vale
             Pasce
             ,
             36
             Eliz.
             
               in
               the
               Exchequer
            
             .
          
           
             The
             Cutlers
             of
             London
             do
             give
             to
             each
             Member
             a
             particular
             Mark
             ,
             which
             cannot
             be
             used
             or
             appropriated
             ,
             without
             a
             particular
             order
             and
             leave
             of
             the
             Company
             and
             Party
             ,
             and
             so
             other
             Companies
             .
          
           
             2
             Cro.
             fo
             .
             471.
             
          
           
             I
             Jac.
             B.
             R.
             Rott
             .
             416.
             
             Barton
             &
             Saddocks
             Bolstr
             .
             1.
             part
             103.
             
          
           
             Mich.
             17
             Jac.
             C.
             B.
             Van
             Heath
             versus
             Turner
             Winch
             24
             ,
             25.
             
          
           
             Levison
             versus
             Kirke
             Trin.
             7.
             
             Jac.
             in
             B.
             R.
             Lane
             Repor
             .
             65.
             
          
           
             Hill
             25
             Jac●…
             B.
             R.
             Cro.
             2.
             part
             fo
             .
             490.
             
             Bridgman
             126
             ,
             127.
             
             Popham
             143.
             
               not
               resolved
               that
               Book
            
             .
          
           
             Hill
             43.
             
             Eliz.
             B.
             R.
             Petties
             &
             Soames
             case
             Goldsbr
             .
             fol.
             137.
             
          
           
             †
             Southels
             case
             .
             Coke
             lib.
             4.
             fo
             .
          
           
             Quere
             ,
             If
             equity
             may
             not
             relieve
             in
             such
             case
             .
          
           
             *
             In
             〈◊〉
             〈◊〉
             turale
             set
             〈◊〉
             ctandum
             in
             his
             quae
             〈◊〉
             〈◊〉
             dam
             not
             ●…am
             se
             〈◊〉
             no●…
             in
             deprav●…
             .
             
               Arist.
               〈◊〉
               .
               〈◊〉
               .
               〈◊〉
               .
            
          
           
             Non
             ide●…
             id
             Deum
             velle
             ,
             quia
             justum
             est
             ,
             sed
             justum
             esse
             ,
             
               (
               that
               is
               due
               in
               Law
               )
            
             quia
             Deus
             voluit
             .
             
               Anaxarchus
               apud
               Plutarchum
               in
               Alexandro
            
             .
          
           
             Vasqu
             .
             11.
             
             Controv
             .
             54.
             4
             :
          
           
             Grotius
             de
             Jure
             Belli
             ac
             Pacis
             ,
             lib.
             1.
             cap.
             1.
             
             §
             :
             14.
             
          
           
             Grotius
             de
             Jure
             Belli
             ac
             Pacis
             ,
             lib.
             2.
             cap.
             21.
             
          
           
             Vide
             Chap.
             Pyracy
             §.
             11
             ,
             12.
             
          
           
             10
             
          
           
             Leg.
             extat
             .
             D.
             quod
             metus
             .
          
           
             Non
             reddit
             faciendo
             quod
             debet
             ,
             reddet
             patiendo
             quod
             debet
             Philo
             ,
             peccare
             dum
             festinatis
             ,
             ad
             .
             〈◊〉
             ●…erendas
             festinatis
             .
          
           
             *
             7
             Pol.
             14.
             
          
           
             5
             
               Jac.
               in
               B.
               R.
            
             Rolls
             Abridge
             ment
             ,
             wiers
             case
             upon
             a
             
               Haheas
               Corpus
               .
               fo
            
             .
             530.
             
          
           
             *
             Coke
             4
             Inst.
             so
             .
             38.
             
          
           
             Soto
             de
             Just.
             &
             Jure
             lib.
             5.
             qu.
             1.
             
             Art.
             7.
             
          
           
             Satius
             judicimus
             esse
             paucos
             aliquos
             mala
             ferre
             quam
             immensam
             multitudinem
             ,
             Zonaras
             .
          
           
             †
             Pasc.
             24
             Car.
             2
             in
             
               B.
               R
            
             in
             Hibern
             .
             inter
             
               Warde
               and
               Moore
            
             .
          
           
             †
             Ad
             Quintum
             Tract
             .
             1.
             21.