An apology for the East-India Company with an account of some large prerogatives of the crown of England, anciently exercised and allowed of in our law, in relation to foreign trade and foreign parts / by W.A. ...
         Atwood, William, d. 1705?
      
       
         
           1690
        
      
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         A26167
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         ESTC R223580
         26640325
         ocm 26640325
         109752
         
           
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             An apology for the East-India Company with an account of some large prerogatives of the crown of England, anciently exercised and allowed of in our law, in relation to foreign trade and foreign parts / by W.A. ...
             Atwood, William, d. 1705?
          
           [2], 3-40 p.
           
             Printed for the author,
             London :
             1690.
          
           
             Includes (p. 38-40): Appendix. A commission for martial law, granted to a governor chosen by the East-India Company 43 Eliz.
             Reproduction of original in the British Library.
          
        
      
    
     
       
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         eng
      
       
         
           East India Company.
           Prerogative, Royal -- Great Britain -- Early works to 1800.
           Martial law -- Great Britain -- Early works to 1800.
        
      
    
     
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           AN
           APOLOGY
           FOR
           THE
           East-India
           Company
           :
           With
           an
           Account
           of
           some
           large
           Prerogatives
           of
           the
           Crown
           of
           England
           ,
           anciently
           exercised
           and
           allowed
           of
           in
           our
           Law
           ,
           in
           Relation
           to
           foreign
           Trade
           and
           foreign
           Parts
           .
        
         
           By
           
             W.
             A.
          
           Barrister
           at
           Law
           ,
           Author
           of
           the
           first
           Answer
           to
           the
           late
           chief
           Justice
           Herbert's
           Defence
           of
           the
           Dispensing
           Power
           .
        
         
           
             Qui
             judicium
             fecerit
             parte
             inauditâ
             alterâ
             ,
             aequum
             licet
             statuerit
             haud
             aequus
             est
             Judex
             .
          
        
         
           London
           ,
           Printed
           for
           the
           Author
           ,
           1690.
           
        
      
    
     
       
         
         
         
           AN
           APOLOGY
           FOR
           THE
           East-India
           Company
           .
        
         
           
           THE
           Substance
           of
           what
           follows
           was
           intended
           to
           be
           spoken
           by
           me
           before
           a
           Committee
           of
           the
           late
           House
           of
           Commons
           ;
           but
           my
           Ancients
           at
           the
           Bar
           ,
           thought
           it
           better
           to
           rely
           upon
           the
           supposed
           Defect
           of
           Proof
           for
           the
           Matters
           alledged
           against
           the
           
             East-India
             Company
          
           ,
           than
           to
           justify
           the
           Fact
           ;
           which
           if
           proved
           ,
           and
           not
           defended
           ,
           was
           likely
           to
           have
           that
           Consequence
           which
           is
           well
           known
           to
           have
           hapned
           .
        
         
           I
           have
           here
           considered
           all
           the
           Objections
           which
           have
           occurred
           to
           me
           against
           the
           Exercise
           of
           such
           Powers
           ,
           as
           't
           is
           not
           to
           be
           denied
           but
           the
           Company
           thought
           were
           warrantable
           .
        
         
           I
           urge
           not
           this
           as
           if
           an
           Act
           of
           Parliament
           for
           setling
           convenient
           Powers
           were
           needless
           ,
           or
           not
           desired
           by
           them
           ;
           but
           to
           shew
           that
           those
           their
           Actions
           which
           have
           been
           most
           complained
           of
           ,
           have
           not
           been
           without
           Precedent
           and
           Countenance
           from
           
             Legal
             Authorities
          
           .
        
         
         
           
           I.
           The
           two
           great
           Charges
           against
           the
           Company
           ,
           are
           the
           seizing
           of
           Ships
           and
           Goods
           of
           Interlopers
           ,
           and
           condemning
           them
           as
           forfeited
           .
        
         
           
           II.
           The
           passing
           Sentence
           of
           Death
           ,
           and
           executing
           Men
           ,
           by
           the
           Governor
           at
           St.
           Helena
           ,
           in
           a
           Method
           not
           wholly
           agreeable
           to
           the
           Laws
           of
           England
           ;
           or
           else
           the
           procuring
           a
           Commission
           from
           the
           King
           ,
           for
           trying
           and
           executing
           Men
           there
           ,
           by
           
             Martial
             Law.
          
           
        
         
           
           I.
           That
           in
           relation
           to
           Ships
           and
           Goods
           seems
           the
           less
           likely
           to
           be
           according
           to
           Law
           ,
           since
           it
           was
           not
           justified
           in
           the
           time
           when
           Jefferies
           was
           Chief-Justice
           ,
           and
           the
           King's
           Power
           even
           for
           prohibiting
           ,
           labours
           with
           the
           Disadvantage
           of
           having
           Judgment
           for
           it
           in
           irregular
           times
           ;
           and
           the
           Grounds
           on
           which
           most
           weight
           was
           laid
           ,
           suitable
           to
           such
           times
           .
           As
           ,
        
         
           
           1.
           
           A
           Prerogative
           to
           forbid
           Trade
           with
           Infidels
           ,
           who
           remaining
           perpetual
           Enemies
           to
           the
           Nation
           ,
           yet
           were
           to
           be
           Friends
           to
           part
           :
           and
           this
           upon
           a
           Principle
           that
           would
           restrain
           the
           Propagation
           of
           the
           Gospel
           ,
           as
           well
           as
           of
           Trade
           ;
           as
           if
           the
           Danger
           of
           being
           infected
           with
           their
           Infidelity
           were
           greater
           than
           the
           hopes
           of
           converting
           them
           :
           or
           that
           they
           who
           were
           free
           of
           such
           a
           Company
           had
           a
           particular
           Antidote
           against
           it
           .
        
         
           2.
           
           The
           other
           ground
           ,
           though
           not
           so
           ridiculous
           ,
           has
           less
           colour
           of
           Law
           ,
           which
           was
           the
           King's
           Power
           ,
           for
           the
           benefit
           of
           particular
           Persons
           ,
           to
           dispense
           with
           
             Acts
             of
             Parliament
          
           restraining
           Trade
           ;
           from
           whence
           they
           would
           infer
           an
           equal
           Power
           of
           restraining
           ,
           where
           
             Common
             or
             Statute
             Law
          
           gave
           a
           Liberty
           .
           But
           without
           the
           help
           of
           such
           false
           Mediums
           ,
           I
           doubt
           not
           to
           prove
           very
           plainly
           ,
           that
           
           neither
           Common
           nor
           Statute
           Law
           ,
           give
           any
           Countenance
           for
           interloping
           within
           the
           Extent
           of
           the
           
             East-India
             Company
             's
             Charter
          
           :
           and
           that
           such
           as
           trade
           thither
           ,
           not
           being
           of
           the
           Company
           ,
           or
           licensed
           by
           them
           ,
           incur
           the
           Forfeiture
           of
           the
           Ships
           and
           Goods
           with
           which
           they
           interlope
           ,
           and
           that
           according
           to
           the
           
             Law
             of
             England
          
           ,
           as
           it
           has
           been
           taken
           ever
           since
           Foreign
           Trade
           appears
           to
           have
           fallen
           under
           its
           Regard
           .
        
         
           That
           the
           
             Company
             's
             Charter
          
           and
           Proclamations
           thereupon
           prohibit
           interloping
           upon
           such
           Penalties
           ,
           is
           not
           denied
           :
           So
           that
           the
           only
           Question
           here
           is
           ,
           What
           Countenance
           such
           Prohibitions
           have
           in
           our
           Law.
           
        
         
           
           Object
           .
           I
           meet
           with
           an
           Objection
           in
           the
           beginning
           ,
           as
           if
           such
           a
           Restraint
           were
           against
           the
           
             Law
             of
             Nations
          
           ;
           of
           which
           some
           suppose
           it
           to
           be
           a
           Maxim
           ,
           that
           
             Commerce
             ought
             to
             be
             free
          
           :
           which
           is
           not
           implied
           in
           the
           publick
           use
           of
           the
           Sea
           and
           Shores
           allowed
           in
           the
           
             Civil
             Law
          
           to
           some
           Purposes
           :
           But
           
           were
           it
           so
           ,
           care
           must
           be
           taken
           for
           such
           an
           Interpretation
           ,
           that
           one
           Maxim
           do
           not
           thwart
           another
           .
           Wherefore
           since
           according
           to
           the
           
             Law
             of
             Nations
          
           ,
           of
           those
           things
           to
           which
           all
           have
           equal
           Right
           ,
           special
           Property
           is
           acquir'd
           by
           Occupancy
           ,
           or
           primier
           Seizin
           ;
           The
           Rule
           for
           Liberty
           of
           Commerce
           must
           be
           qualified
           so
           ,
           as
           not
           to
           prejudice
           that
           Property
           ,
           which
           has
           been
           acquired
           and
           improved
           at
           the
           Expences
           of
           others
           .
           According
           to
           which
           ,
           in
           our
           Law
           ,
           no
           Man
           can
           use
           his
           own
           to
           the
           Damage
           of
           his
           Neighbour's
           Property
           first
           setled
           .
           Wherefore
           ,
           though
           we
           say
           ,
           
             cujus
             est
             Solum
             ,
             ejus
             est
             usque
             ad
             Coelum
          
           ;
           yet
           a
           Man
           may
           not
           by
           building
           upon
           his
           own
           ground
           stop
           up
           his
           Neighbours
           more
           ancient
           
           Light
           :
           Nor
           yet
           can
           he
           use
           his
           own
           to
           the
           Injury
           of
           the
           Publick
           ,
           and
           therefore
           cannot
           turn
           
           his
           Land
           into
           a
           
             Park
             ,
             Chace
          
           ,
           or
           Warren
           ,
           without
           Licence
           from
           the
           King
           ,
           who
           is
           intrusted
           for
           the
           Publick
           ,
           to
           see
           that
           all
           ,
           or
           a
           convenient
           Quantity
           of
           the
           Land
           usually
           plowed
           ,
           be
           kept
           in
           Tillage
           .
        
         
           But
           as
           to
           Commerce
           ,
           there
           is
           no
           ground
           for
           the
           Belief
           that
           it
           ought
           ,
           by
           the
           Law
           of
           Nations
           ,
           to
           be
           absolutely
           free
           ,
           either
           between
           Nation
           and
           Nation
           ,
           or
           for
           all
           the
           Subjects
           of
           the
           same
           Nation
           :
           for
           this
           we
           must
           judg
           either
           according
           to
           natural
           Equity
           ,
           or
           the
           common
           Practice
           of
           Nations
           .
           The
           first
           is
           certainly
           against
           reaping
           the
           Benefit
           of
           another's
           Cost
           or
           Labour
           ,
           and
           the
           
             Practice
             of
             Nations
          
           agrees
           with
           it
           ;
           imposing
           Taxes
           upon
           Goods
           imported
           or
           exported
           ,
           and
           prohibiting
           Persons
           and
           Merchandizes
           as
           they
           see
           cause
           .
           And
           thus
           it
           was
           with
           the
           ancient
           Romans
           ,
           who
           had
           their
           
             Comites
             Commerciorum
          
           ;
           
           Supervisors
           of
           Commerce
           ;
           who
           were
           to
           see
           that
           none
           traded
           beyond
           the
           Bounds
           ,
           or
           with
           other
           Merchandizes
           than
           were
           allowed
           by
           the
           Government
           :
           And
           what
           Freedom
           of
           Trade
           soever
           might
           be
           allowable
           where
           it
           depended
           only
           upon
           a
           Liberty
           granted
           by
           one
           Prince
           to
           the
           Subjects
           of
           another
           ,
           all
           standing
           in
           equal
           Capacity
           as
           Subjects
           ;
           yet
           where
           the
           Circumstances
           are
           such
           ,
           that
           the
           Trade
           must
           be
           maintained
           by
           Garisons
           and
           armed
           Forces
           sent
           by
           the
           Traders
           ,
           there
           can
           be
           no
           Reason
           for
           others
           to
           have
           any
           Liberty
           ,
           till
           they
           have
           allowed
           their
           Proportion
           of
           the
           Charges
           .
           Nor
           
           can
           this
           be
           looked
           upon
           as
           a
           Monopoly
           ,
           odious
           in
           the
           Eye
           of
           the
           Law
           ,
           till
           it
           is
           proved
           to
           be
           a
           Restraint
           of
           such
           Trade
           as
           others
           were
           intitled
           to
           by
           Law.
           
        
         
         
           But
           to
           come
           to
           those
           plain
           Authorities
           in
           Law
           which
           support
           the
           
             Companies
             Charters
          
           ,
           it
           will
           appear
           .
        
         
           
           First
           ,
           That
           at
           Common
           Law
           the
           King
           might
           prohibit
           any
           Person
           or
           Persons
           from
           
             going
             beyond
             Sea
          
           ;
           and
           is
           Judg
           of
           the
           Grounds
           .
           The
           
             Ne
             exeat
             Regnum
          
           is
           served
           only
           upon
           particular
           Persons
           ;
           but
           Fitz-Herbert
           tells
           us
           that
           the
           Subject
           may
           be
           prohibited
           by
           Proclamation
           as
           well
           as
           by
           Writ
           ,
           and
           the
           
           Reason
           given
           extends
           to
           all
           ,
           because
           every
           one
           is
           bound
           to
           
             defend
             the
             King
             and
             his
             Realm
             .
          
           Wherefore
           this
           is
           rightly
           explained
           in
           Dyer
           ,
           where
           't
           is
           said
           to
           be
           agreed
           by
           Fitz-Herbert
           ,
           
             That
             the
             
             King
             may
             by
             his
             
               General
               Proclamation
            
             ,
             or
             
               Special
               Prohibition
            
             restrain
             his
             Subjects
             from
             
               going
               beyond
               Sea.
            
             
          
           There
           is
           indeed
           a
           Query
           put
           upon
           the
           Suggestion
           in
           the
           Writ
           ,
           which
           in
           Dyer
           is
           thought
           not
           to
           be
           traversable
           .
        
         
           
           The
           Statute
           which
           excepts
           
             notable
             Merchants
          
           from
           need
           of
           
             Licences
             to
             go
             beyond
             Sea
          
           :
           1.
           
           Gives
           no
           Power
           against
           a
           Prohibition
           .
           Nor
           2.
           
           Were
           any
           Merchants
           notable
           in
           the
           Eye
           of
           the
           Law
           ,
           but
           those
           of
           the
           Staple
           ,
           which
           at
           the
           beginning
           were
           only
           Foreigners
           ,
           as
           appears
           not
           only
           by
           
             Magna
             Charta
          
           ,
           
           which
           provides
           for
           no
           other
           Merchants
           ;
           but
           more
           particularly
           by
           the
           Statute
           of
           the
           Staple
           ,
           which
           prohibits
           
             English
             ,
             Irish
          
           ,
           and
           Welsh
           ,
           from
           carrying
           
             Staple
             Commodities
          
           out
           of
           the
           Realm
           .
           
           This
           the
           King
           had
           dispensed
           with
           ,
           but
           our
           Merchants
           Denizens
           not
           thinking
           that
           sufficient
           Warrant
           ,
           obtained
           an
           Act
           34
           Ed.
           3.
           to
           give
           them
           the
           same
           Liberty
           with
           Foreigners
           ,
           which
           was
           a
           manifest
           Departure
           from
           the
           ancient
           Policy
           of
           the
           Kingdom
           ,
           for
           bringing
           
             Foreign
             Merchants
          
           with
           their
           Monies
           hither
           .
        
         
         
           
           Secondly
           ,
           The
           King
           might
           at
           Common
           Law
           erect
           Societies
           or
           Companies
           for
           the
           
             Maintenance
             ,
             Enlargement
             ,
             or
             ordering
             of
             any
             Trade
             of
             Merchandize
             ,
          
           and
           none
           to
           have
           Liberty
           to
           trade
           in
           such
           Commodities
           ,
           or
           to
           such
           Parts
           as
           are
           limited
           ,
           but
           those
           that
           are
           free
           of
           such
           Societies
           ,
           or
           licensed
           by
           
           them
           :
           this
           appears
           in
           the
           Statute
           of
           Monopolies
           ,
           which
           excepts
           such
           Companies
           out
           of
           that
           Law
           ,
           and
           the
           
             East-India
             Company
          
           having
           Existence
           then
           ,
           is
           manifestly
           within
           the
           Exceptions
           .
        
         
           This
           Power
           of
           erecting
           such
           Societies
           exclusive
           
           of
           others
           ,
           appears
           more
           antiently
           ,
           12
           H.
           7.
           
           The
           
             Merchants
             Adventurers
          
           of
           several
           Parts
           of
           England
           petitioned
           the
           
             King
             in
             Parliament
          
           ,
           setting
           forth
           the
           Liberty
           they
           had
           to
           trade
           to
           many
           Places
           in
           League
           and
           Amity
           with
           the
           King
           ,
           but
           that
           the
           
             Merchants
             Adventurers
             of
             London
          
           ,
           exacted
           of
           them
           40
           l.
           Fine
           
             for
             Liberty
             to
             buy
             and
             sell
             at
             the
             Marts
             .
          
           The
           Act
           gives
           them
           free
           Passage
           ,
           Resort
           ,
           Course
           and
           Recourse
           to
           the
           Marts
           in
           
             Flanders
             ,
             Holland
             ,
             Zealand
             ,
             Brabant
             ,
             and
             the
             Places
             adjoining
             thereto
             ,
          
           paying
           only
           ten
           Marks
           to
           the
           Company
           .
        
         
           This
           gives
           no
           larger
           Liberty
           ,
           only
           lessens
           the
           Payment
           for
           it
           ,
           and
           but
           to
           such
           Places
           as
           are
           specified
           in
           the
           Act.
           
        
         
           
           The
           Case
           of
           the
           
             Taylors
             of
             Ipswich
          
           ,
           and
           others
           of
           the
           like
           Nature
           ,
           wherein
           Restraints
           of
           Trade
           by
           the
           By-Laws
           of
           Companies
           have
           been
           condemned
           ,
           come
           not
           within
           this
           :
           For
           1.
           
           They
           are
           of
           
             Inland
             Trade
          
           .
           2.
           
           In
           that
           case
           no
           Man
           was
           to
           exercise
           the
           Trade
           ,
           but
           such
           as
           the
           Master
           and
           others
           of
           the
           Company
           should
           approve
           of
           ,
           which
           might
           occasion
           a
           total
           Restraint
           .
        
         
         
           
           Thirdly
           ,
           The
           King
           might
           erect
           Staples
           ,
           or
           Treasuries
           for
           Commodities
           of
           home-Growth
           or
           Manufacture
           :
           and
           no
           Man
           could
           ,
           without
           the
           King's
           Licence
           ,
           engross
           Quantities
           of
           these
           to
           carry
           elsewhere
           ,
           than
           to
           Domestick
           or
           Foreign
           Staples
           :
           Nor
           ,
           
           as
           appears
           by
           the
           foregoing
           Head
           ,
           could
           carry
           to
           the
           last
           ,
           unless
           he
           were
           a
           
             Merchant
             of
             the
             Staple
          
           ,
           or
           licensed
           by
           them
           .
        
         
           
             Foreign
             Staples
          
           depended
           upon
           the
           King's
           Treaties
           with
           
             Foreign
             Princes
          
           ;
           and
           upon
           any
           Inconveniences
           arising
           ,
           either
           the
           King
           's
           Grant
           of
           the
           Staple
           ,
           
           his
           Treaty
           with
           the
           Prince
           ,
           or
           the
           Prince's
           Ambassador
           residing
           here
           ,
           were
           to
           be
           consulted
           .
           And
           the
           Statute
           18
           Ed.
           3.
           shews
           ,
           that
           the
           
             King
             alone
          
           had
           granted
           a
           Staple
           at
           Bruges
           ,
           which
           Grant
           they
           do
           not
           in
           the
           least
           question
           ,
           but
           pray
           redress
           upon
           some
           Inconvenience
           which
           had
           arisen
           by
           an
           
           Ordinance
           made
           in
           Flanders
           .
        
         
           Till
           the
           Staples
           came
           to
           be
           fix'd
           in
           Parliament
           ,
           the
           King
           of
           his
           own
           Authority
           appointed
           them
           within
           his
           own
           Dominions
           ,
           as
           is
           evident
           by
           the
           Statute
           of
           2
           E.
           3.
           (
           which
           says
           ,
           that
           the
           
             Staples
             ordained
          
           
           
             by
             Kings
             in
             times
             past
             shall
             cease
             )
          
           at
           least
           as
           this
           is
           explained
           by
           subsequent
           Parliamentary
           Proceedings
           .
        
         
           
           
             The
             Commons
             47
             E.
             3.
             petition
             that
             the
             Staple
             may
             be
             at
             Calais
             ,
             and
             that
             no
             Patent
             or
             Grant
             be
             made
             to
             the
             contrary
             .
          
        
         
           Res
           .
        
         
           
             The
             King
             will
             appoint
             the
             Staple
             as
             by
             Counsel
             he
             shall
             think
             best
             .
          
        
         
           
           Yet
           it
           appears
           that
           before
           the
           50
           th
           ,
           the
           King
           had
           of
           his
           own
           Authority
           appointed
           it
           at
           Calais
           ;
           for
           the
           Commons
           then
           ,
           in
           their
           Complaint
           against
           
             evil
             Counsellers
          
           ,
           desired
           it
           may
           be
           enquired
           of
           such
           
           of
           the
           
             King's
             Council
          
           ,
           as
           transported
           Staple-Ware
           and
           Bullion
           to
           other
           Places
           than
           Calais
           .
        
         
           Nay
           ,
           though
           it
           seems
           it
           had
           been
           discontinued
           ,
           he
           had
           by
           Assent
           of
           his
           Council
           appointed
           it
           at
           Calais
           
           before
           the
           47
           th
           ,
           for
           in
           the
           41
           st
           ,
           reciting
           such
           his
           Establishment
           ,
           he
           gave
           special
           License
           to
           some
           to
           carry
           Goods
           elsewhere
           :
           And
           the
           Statute
           of
           25
           E.
           3.
           c.
           2.
           takes
           special
           Care
           to
           preserve
           the
           Staple
           at
           Calais
           by
           a
           saving
           to
           that
           Act.
           
        
         
           
           In
           the
           50
           th
           of
           E.
           3.
           
           The
           Countries
           of
           Lincoln
           ,
           &c.
           pray
           that
           the
           Staple
           may
           be
           at
           Lincoln
           ,
           as
           it
           was
           at
           the
           first
           Ordinance
           ;
           and
           not
           at
           St.
           Botolph's
           .
        
         
           'T
           is
           answered
           ,
           it
           shall
           continue
           at
           Botolph's
           at
           the
           King's
           Pleasure
           .
        
         
           
           The
           Resolution
           1
           Eliz.
           that
           a
           Grant
           for
           Malmsy
           to
           be
           imported
           only
           at
           South-hampton
           was
           void
           ,
           is
           not
           contrary
           to
           this
           Power
           of
           the
           
             King
             ▪
          
           in
           confining
           Trade
           to
           a
           particular
           Place
           :
           because
           it
           was
           by
           an
           express
           Act
           of
           Parliament
           made
           lawful
           to
           carry
           
           Wine
           to
           any
           Port
           :
           And
           I
           am
           treating
           here
           only
           of
           a
           supposed
           Liberty
           at
           Common-Law
           ;
           and
           the
           Restraint
           of
           such
           Liberty
           .
        
         
           
           If
           then
           the
           King
           can
           prohibit
           Trading
           to
           any
           Parts
           of
           the
           World
           ,
           but
           where
           he
           fixes
           his
           Staple
           ,
           unless
           the
           Trade
           be
           opened
           by
           Act
           of
           Parliament
           ,
           and
           yet
           may
           license
           some
           to
           trade
           elsewhere
           ;
           much
           more
           may
           he
           prohibit
           Trading
           in
           or
           to
           some
           one
           Place
           ,
           yet
           license
           others
           to
           trade
           there
           ;
           for
           a
           Prohibition
           of
           Trade
           to
           any
           Place
           but
           one
           ,
           or
           some
           few
           ,
           certainly
           argues
           a
           greater
           Power
           than
           to
           prohibit
           ,
           only
           in
           Relation
           to
           some
           particular
           Places
           .
        
         
           
           Fourthly
           ,
           As
           the
           King
           might
           prohibit
           the
           carrying
           out
           Staple-Commodities
           elsewhere
           than
           to
           the
           Staple
           ;
           so
           he
           might
           ,
           when
           he
           saw
           cause
           ,
           prohibit
           even
           the
           carrying
           such
           thither
           .
        
         
         
           
           Thus
           tho
           Wool
           was
           a
           
             Staple
             Commodity
          
           ,
           I
           find
           ,
           a
           Pardon
           for
           the
           Exportation
           of
           
             prohibited
             Merchandize
             of
             Wool
          
           ,
           upon
           Submission
           and
           Fine
           to
           the
           King.
           
        
         
           But
           because
           this
           may
           possibly
           be
           for
           trading
           elsewhere
           than
           to
           the
           Staple
           ,
           this
           Power
           will
           not
           fully
           appear
           till
           we
           come
           to
           that
           Exception
           ,
           for
           the
           King's
           Prohibition
           ,
           which
           ,
           as
           I
           shall
           shew
           ,
           runs
           through
           those
           Statutes
           which
           are
           the
           most
           in
           Favour
           of
           Merchants
           ;
           yet
           it
           was
           admitted
           in
           the
           Argument
           of
           Sand's
           Case
           against
           the
           Company
           ,
           that
           in
           time
           of
           Plague
           ,
           or
           when
           the
           Commodities
           are
           needful
           here
           ,
           the
           King
           may
           prohibit
           the
           exporting
           even
           those
           of
           the
           Staple
           .
        
         
           
           Fifthly
           ,
           The
           King
           might
           prohibit
           the
           Exportation
           or
           Importation
           of
           any
           Commodities
           not
           of
           the
           Staple
           ,
           as
           appears
           beyond
           Contradiction
           from
           the
           Petition
           of
           the
           Commons
           ,
           1
           H.
           5.
           with
           the
           King's
           Answer
           to
           it
           .
        
         
           
           
             The
             Commons
             pray
             that
             all
             Merchants
             may
             export
             to
             any
             place
             ,
             or
             import
             from
             any
             place
             any
             Goods
             ,
             except
             Goods
             of
             the
             Staple
             ,
             at
             their
             Pleasure
             ,
             notwithstanding
             any
             Proclamation
             to
             the
             contrary
             .
          
        
         
           This
           is
           denied
           :
           for
           the
           Answer
           is
           ,
        
         
           Le
           Roy
           voet
           estre
           advise
           .
        
         
           This
           indeed
           some
           will
           have
           to
           be
           occasioned
           by
           an
           Embargo
           in
           time
           of
           War
           :
           but
           it
           appears
           by
           the
           Circumstances
           of
           the
           time
           ,
           that
           there
           was
           none
           then
           ,
           or
           any
           immediate
           Preparation
           for
           one
           ;
           besides
           if
           there
           were
           Wars
           ,
           't
           is
           highly
           improbable
           that
           the
           Commons
           would
           pray
           a
           general
           Liberty
           of
           Trade
           .
        
         
           But
           farther
           ,
           to
           confirm
           this
           Power
           in
           Relation
           to
           Commodities
           which
           were
           not
           
             Staple
             .
             Butter
          
           and
           Cheese
           having
           been
           Commodities
           of
           the
           Staple
           ,
           but
           
           distapled
           ,
           by
           reason
           of
           not
           being
           able
           to
           bear
           the
           
           Charges
           incident
           to
           the
           Staple
           ;
           though
           leave
           was
           given
           to
           carry
           them
           to
           any
           place
           in
           Amity
           ;
           there
           is
           an
           express
           Proviso
           ,
           that
           the
           King
           may
           
             restrain
             the
             same
             ,
             when
             it
             shall
             please
             him
             .
          
        
         
           
           Now
           whereas
           Men
           fancy
           that
           at
           Common-Law
           every
           Man
           had
           an
           entire
           Liberty
           to
           trade
           to
           any
           parts
           ;
           let
           us
           consider
           the
           true
           State
           of
           Trade
           ,
           and
           it
           will
           appear
           ,
           that
           if
           the
           Statutes
           do
           not
           help
           (
           which
           I
           shall
           soon
           consider
           )
           Merchants
           Denizens
           have
           no
           Pretence
           to
           Liberty
           ,
           especially
           against
           the
           King's
           Prohibition
           ;
           unless
           it
           be
           to
           places
           where
           Trade
           is
           opened
           by
           particular
           Statutes
           ;
           
           as
           to
           the
           Dominions
           of
           
             Spain
             ,
             France
             ,
             Portugal
          
           ,
           &c.
           
           Or
           to
           Staples
           ,
           which
           were
           at
           first
           erected
           by
           the
           
             King
             's
             sole
             Authority
          
           .
           Till
           the
           Statute
           34.
           
           E.
           3.
           they
           could
           not
           trade
           abroad
           in
           Person
           even
           with
           any
           
             Staple
             Commodity
          
           :
           Other
           Trade
           must
           be
           carried
           on
           with
           Gold
           or
           Silver
           ,
           or
           with
           Goods
           and
           
             Manufactures
             not
             Staple
          
           .
        
         
           
           The
           Exportation
           of
           Gold
           and
           Silver
           ,
           the
           Kings
           might
           have
           prohibited
           at
           their
           Pleasure
           till
           15.
           
           Car.
           2.
           
        
         
           And
           it
           appears
           by
           the
           Statute
           of
           2.
           
           H.
           6.
           that
           the
           Staple
           at
           Calais
           took
           in
           all
           Merchandize
           from
           hence
           ,
           besides
           
             Woollen
             Cloth
          
           and
           Herring
           :
           For
           
             Woollen
             Cloth
          
           the
           Staple
           was
           at
           Flanders
           .
           So
           that
           Herring
           seemed
           the
           only
           Trade
           at
           Liberty
           :
           which
           however
           ,
           being
           Victuals
           ,
           was
           within
           the
           Reason
           of
           the
           Provision
           in
           the
           Statute
           of
           18.
           
           H.
           6.
           concerning
           Butter
           and
           Cheese
           .
           And
           the
           common
           Course
           of
           Restraints
           by
           the
           King's
           Proclamations
           .
        
         
           
           Thus
           I
           find
           a
           Proclamation
           in
           the
           40
           th
           of
           Ed.
           3.
           against
           carrying
           Corn
           or
           other
           Victuals
           from
           the
           
             Isle
             of
             Wight
          
           .
        
         
         
           
           Another
           afterwards
           against
           carrying
           Wine
           out
           of
           England
           .
        
         
           
           And
           an
           Indictment
           in
           the
           36
           th
           for
           carrying
           Corn
           beyond
           Sea
           ,
           against
           the
           King's
           Proclamation
           .
        
         
           
           Sixthly
           ,
           The
           general
           Course
           of
           the
           Statutes
           express
           or
           imply
           the
           
             King's
             Power
             of
             prohibiting
             Goods
             and
             Persons
             .
          
        
         
           
           This
           does
           
             Magna
             Charta
          
           it self
           very
           plainly
           ,
           and
           so
           as
           to
           serve
           for
           an
           Explanation
           unto
           all
           other
           Statutes
           concerning
           Merchants
           .
        
         
           
             Let
             all
             Merchants
             ,
             says
             it
             ,
             
               unless
               they
               were
               publickly
               prohibited
            
             before
             ,
             have
             safe
             and
             sure
             Conduct
             to
             go
             out
             of
             England
             ,
             come
             to
             England
             ,
             and
             stay
             and
             go
             through
             England
             as
             well
             by
             Land
             as
             by
             Water
             ,
             to
             buy
             and
             sell
             without
             evil
             Toll
             ,
             unless
             in
             time
             of
             War
             ,
             or
             that
             they
             are
             of
             the
             Enemies
             Land.
             
          
        
         
           This
           ,
           as
           the
           Lord
           Coke
           rightly
           observes
           in
           this
           Particular
           ,
           relates
           only
           to
           
             Merchants
             Strangers
          
           ,
           which
           shews
           that
           no
           others
           were
           then
           known
           :
           If
           it
           takes
           in
           Denizens
           ,
           then
           Letters
           of
           safe
           Conduct
           ,
           or
           other
           Licenses
           ,
           are
           requisite
           for
           them
           to
           apply
           for
           ,
           before
           they
           can
           have
           such
           Liberty
           .
           According
           to
           which
           I
           find
           Letters
           of
           free
           Trading
           and
           safe
           Conduct
           to
           Merchants
           coming
           into
           
             England
             ,
             tam
             indigenis
             quam
             alienigenis
             ,
          
           as
           well
           Natives
           as
           
           Foreigners
           ,
           50.
           
           H.
           3.
           
           Though
           
             Merchants
             Denizens
          
           are
           not
           taken
           notice
           of
           as
           trading
           by
           Sea
           ,
           9.
           
           H.
           3.
           
           It
           seems
           by
           the
           50
           th
           they
           who
           had
           used
           to
           enrich
           themselves
           by
           the
           Monies
           of
           Foreigners
           ,
           fell
           to
           
             Foreign
             Trade
          
           themselves
           ,
           and
           for
           ought
           appears
           to
           the
           contrary
           ,
           did
           this
           by
           Vertue
           of
           Letters
           of
           
             Free
             Trade
          
           from
           the
           Crown
           ;
           Nor
           was
           Trade
           wholly
           
           enlarged
           ,
           2o.
           E.
           3.
           when
           't
           was
           enacted
           ,
           
             That
             
             Merchants
             Strangers
             and
             Privy
             ,
             may
             go
             and
             come
             with
             their
             Merchandizes
             into
             England
             ,
             after
             the
             Tenor
             of
             the
             
               Great
               Charter
            
             ,
          
           which
           referring
           wholly
           to
           the
           Charter
           ,
           leaves
           it
           as
           it
           was
           before
           .
           Indeed
           there
           is
           likewise
           a
           Provision
           that
           Staples
           shall
           cease
           ,
           but
           that
           was
           but
           temporary
           ;
           no
           more
           being
           necessarily
           implied
           in
           the
           Word
           cease
           :
           
           However
           this
           can
           reach
           no
           farther
           than
           to
           Staples
           appointed
           before
           that
           time
           without
           restraining
           future
           Appointments
           ,
           which
           appears
           not
           only
           from
           the
           Import
           of
           the
           Words
           ,
           but
           by
           the
           constant
           Practice
           after
           .
        
         
           Whatever
           Liberty
           the
           
             Great
             Charter
          
           gives
           ,
           it
           is
           to
           such
           as
           take
           Letters
           of
           Conduct
           ,
           or
           at
           least
           have
           not
           been
           
             publickly
             prohibited
          
           .
        
         
           But
           the
           Lord
           Coke
           must
           needs
           be
           under
           a
           Mistake
           ,
           where
           he
           makes
           the
           
             Publick
             Prohibition
          
           to
           be
           no
           other
           than
           by
           Parliament
           .
           For
           unless
           he
           supposes
           all
           Staples
           to
           be
           taken
           away
           absolutely
           by
           
             Magna
             Charta
          
           ,
           contrary
           to
           the
           express
           Allowances
           of
           following
           Statutes
           ,
           the
           Kings
           prohibiting
           Staple
           Goods
           to
           be
           carried
           elsewhere
           than
           to
           the
           Staple
           ,
           is
           a
           lawful
           
             Publick
             Prohibition
          
           within
           that
           Statute
           .
           And
           whatever
           Prohibition
           is
           lawful
           ,
           must
           be
           Publick
           within
           the
           Statute
           ;
           for
           otherwise
           it
           is
           not
           lawful
           .
           But
           they
           that
           argued
           against
           the
           
             Company
             's
             Charter
          
           ,
           admitted
           that
           the
           King
           might
           prohibit
           exporting
           Goods
           ,
           when
           needful
           for
           the
           Kingdom
           ,
           and
           in
           times
           of
           Plague
           ,
           and
           the
           like
           :
           Wherefore
           such
           Prohibition
           is
           sufficiently
           publick
           :
           but
           to
           say
           that
           the
           King
           might
           in
           such
           cases
           ,
           but
           not
           otherwise
           ,
           is
           either
           a
           giving
           up
           the
           Question
           of
           
             publick
             Prohibition
          
           ,
           or
           else
           a
           begging
           it
           ,
           in
           supposing
           that
           others
           ,
           though
           as
           publick
           ,
           are
           not
           within
           the
           Prohibition
           .
        
         
         
           The
           great
           Statute
           relied
           on
           for
           Liberty
           of
           
             Foreign
             Trade
          
           ,
           is
           18.
           
           E.
           3.
           the
           Words
           of
           which
           in
           the
           
           Print
           ,
           are
           these
           ;
        
         
           
             Every
             Man
             as
             well
             Stranger
             as
             Privy
             ,
             from
             hence-forward
             may
             buy
             Wools
             ,
             according
             as
             they
             may
             agree
             with
             the
             Seller
             ;
             as
             they
             were
             wont
             to
             do
             before
             .
             And
             that
             the
             Sea
             be
             open
             to
             all
             manner
             of
             Merchants
             to
             pass
             with
             their
             Merchandizes
             where
             shall
             please
             them
             .
          
           To
           shew
           how
           little
           Warrant
           there
           is
           ,
           for
           what
           Men
           would
           gather
           from
           the
           Print
           ,
           't
           will
           be
           requisite
           to
           set
           down
           the
           Words
           of
           the
           Record
           :
        
         
           
           Item
           prie
           la
           dite
           Com
           que
           Come
           nre
           snr
           le
           Roy
           eit
           Grantz
           .
           as
           gents
           de
           Flandres
           qles
           Estaples
           desleyns
           scient
           en
           la
           vill
           du
           Brugges
           ,
           au
           temps
           de
           quet
           grant
           tote
           manere
           dez
           .
           Merchandz
           .
           cest
           ascavoir
           ,
           
             Lombards
             ,
             Genevys
             ,
             Cataloyens
             ,
             Espainols
             ,
          
           et
           autres
           que
           la
           plus
           grand
           part
           des
           Leyns
           soloient
           achater
           ,
           at
           per
           la
           ou
           ills
           voloient
           hors
           de
           terr
           de
           Flandres
           per
           terr
           et
           per
           mier
           a
           lour
           voluntee
           amesner
           ,
           a
           grant
           Profit
           et
           Encreas
           du
           pris
           des
           leyns
           illoques
           venantz
           ,
           la
           ont
           les
           vills
           de
           
             Brugges
             ,
             Gant
          
           et
           Ipre
           denovel
           ordeniz
           pur
           lour
           profit
           que
           nuls
           leyns
           venantz
           a
           le
           Staple
           scient
           venduz
           as
           estrangers
           gentz
           ne
           carriez
           hors
           de
           la
           dit
           tere
           de
           Flandres
           ,
           si
           com
           ills
           soloient
           estre
           en
           damage
           de
           Marchantz
           d'
           Angleterre
           ,
           et
           de
           tote
           la
           Com
           ,
           dont
           ills
           prient
           remede
           .
        
         
           Resp.
           
        
         
           Quant
           au
           quint
           Article
           il
           est
           avis
           as
           Roialmque
           la
           Petition
           est
           reasonable
           ,
           et
           outre
           assentuz
           est
           que
           chescun
           Merchant
           ,
           aussi
           bien
           Estrangers
           come
           Privez
           .
           peusse
           achater
           Leyns
           en
           Engleterre
           ,
           aussi
           come
           ils
           soloient
           fair
           ,
           
           et
           sur
           se
           soient
           faitz
           breifs
           as
           Viscounts
           de
           fair
           ent
           Proclamation
           .
        
         
           Also
           the
           said
           Commons
           pray
           that
           since
           our
           Lord
           the
           King
           has
           granted
           to
           the
           People
           of
           Flanders
           ,
           that
           the
           Staples
           for
           Wools
           be
           in
           the
           Town
           of
           Bruges
           ;
           at
           the
           time
           of
           which
           Grant
           all
           manner
           of
           Merchants
           ,
           
             viz.
             Lombards
             ,
             Genoeses
             ,
             Catalonians
             ,
             Spaniards
             ,
          
           and
           others
           who
           used
           to
           buy
           the
           greatest
           part
           of
           the
           Wools
           ,
           carried
           them
           from
           thence
           whither
           they
           would
           ,
           out
           of
           the
           Land
           of
           Flanders
           by
           Land
           and
           Sea
           at
           their
           Pleasures
           ,
           to
           the
           great
           Profit
           and
           Encrease
           of
           the
           Price
           of
           Wools
           coming
           thither
           .
           The
           Towns
           of
           
             Bruges
             ,
             Gant
          
           ,
           and
           Ipre
           have
           lately
           ordained
           for
           their
           Profit
           ,
           that
           no
           Wools
           coming
           to
           the
           Staple
           be
           sold
           to
           Strangers
           ,
           nor
           carried
           out
           of
           the
           said
           Land
           of
           Flanders
           ,
           as
           they
           used
           to
           be
           .
           To
           the
           Damage
           of
           the
           
             Merchants
             of
             England
          
           ,
           and
           of
           all
           the
           Commons
           whereof
           they
           pray
           Remedy
           .
        
         
           Answ
           .
        
         
           As
           to
           the
           5th
           Article
           it
           is
           agreed
           by
           the
           
             Prelates
             ,
             Lords
          
           and
           Commons
           of
           the
           Realm
           ,
           that
           the
           Petition
           is
           reasonable
           .
           And
           moreover
           it
           is
           assented
           that
           every
           Merchant
           ,
           as
           well
           Stranger
           as
           Privy
           ,
           may
           buy
           Wools
           in
           England
           ,
           as
           they
           used
           to
           do
           .
           And
           of
           this
           ,
           let
           there
           be
           Writs
           made
           to
           the
           Sheriffs
           to
           make
           Proclamation
           thereof
           .
        
         
           Upon
           which
           it
           is
           observable
           ;
        
         
           1
           st
           .
           That
           the
           King's
           Power
           of
           erecting
           Staples
           is
           allowed
           ,
           and
           the
           Staple
           of
           his
           erecting
           is
           continued
           by
           this
           Statute
           :
           For
           though
           leave
           is
           given
           to
           buy
           Woolsany
           where
           in
           
             England
             ;
             Bruges
          
           still
           remained
           
           the
           
             Foreign
             Staple
          
           ,
           to
           which
           all
           Wools
           that
           were
           exported
           were
           to
           be
           conveyed
           .
        
         
           2
           dly
           .
           That
           this
           being
           only
           a
           Liberty
           to
           buy
           Wools
           in
           England
           ,
           does
           not
           in
           the
           least
           imply
           a
           Liberty
           for
           Merchants
           to
           pass
           abroad
           with
           their
           Merchandizes
           where
           it
           shall
           please
           them
           :
           for
           that
           would
           be
           wholly
           to
           destroy
           the
           
             Foreign
             Staple
          
           ,
           which
           is
           by
           no
           means
           taken
           away
           :
           Wherefore
           if
           either
           the
           Writ
           to
           the
           Sheriff
           ,
           or
           the
           Proclamation
           thereupon
           ,
           mistake
           the
           Liberty
           there
           mentioned
           ,
           which
           Merchants
           formerly
           had
           ,
           to
           pass
           by
           Land
           and
           Sea
           from
           Flanders
           ,
           as
           if
           it
           related
           to
           passing
           from
           England
           ,
           and
           that
           through
           the
           Inadvertency
           of
           the
           Compiler
           of
           the
           Statute-Book
           ,
           be
           foisted
           in
           for
           the
           Act
           of
           Parliament
           ,
           I
           am
           sure
           it
           neither
           is
           ,
           nor
           ought
           to
           be
           of
           any
           Avail
           .
        
         
           And
           't
           is
           further
           to
           be
           considered
           ,
           that
           even
           that
           Liberty
           which
           is
           given
           by
           this
           Act
           to
           buy
           Wools
           any
           where
           in
           England
           ,
           is
           restrained
           by
           the
           Statute
           of
           the
           Staple
           ,
           nine
           Years
           after
           ,
           which
           erects
           Staples
           
           in
           several
           parts
           of
           England
           ,
           to
           which
           all
           Wools
           ,
           &c.
           which
           shall
           be
           carried
           out
           of
           this
           Realm
           shall
           be
           brought
           .
           Nor
           are
           they
           according
           to
           that
           ,
           to
           be
           exported
           by
           
             Merchants
             Denizens
          
           .
        
         
           Nor
           do
           the
           Statutes
           25
           E.
           3.
           
           &
           2
           R.
           2.
           which
           provide
           that
           Merchants
           
           Aliens
           ,
           and
           Denizens
           may
           buy
           and
           sell
           all
           things
           vendible
           ,
           of
           and
           to
           whom
           they
           will
           ;
           amount
           to
           a
           general
           Liberty
           for
           
             Foreign
             Trade
          
           .
           For
           ,
        
         
           1.
           
           There
           is
           a
           saving
           to
           the
           Staple
           of
           Calais
           .
        
         
           2.
           
           The
           Title
           and
           Preamble
           shew
           ,
           that
           't
           is
           only
           to
           buy
           and
           sell
           
             within
             the
             Realm
          
           without
           Disturbance
           .
        
         
         
           3.
           
           The
           Remedy
           is
           only
           against
           Disturbances
           in
           Towns
           &c.
           within
           the
           Realm
           .
        
         
           The
           only
           Refuge
           that
           I
           am
           aware
           of
           ,
           is
           ,
           The
           
           
             Act
             for
             Encouragement
             of
             Trade
          
           ,
           15
           Car.
           2.
           and
           some
           others
           of
           the
           like
           Nature
           .
           In
           that
           there
           is
           a
           Liberty
           given
           for
           exporting
           Corn
           or
           Grain
           when
           at
           certain
           
             Prizes
             ,
             into
             any
             Places
             beyond
             the
             Seas
             as
             Merchandize
             .
          
           But
           1.
           
           This
           being
           for
           Merchandize
           ,
           can
           reach
           to
           no
           other
           places
           besides
           those
           whose
           Trade
           is
           lawful
           .
           And
           as
           no
           Man
           can
           say
           that
           by
           this
           Act
           they
           may
           send
           this
           to
           an
           Enemies
           Country
           ;
           neither
           ,
           if
           the
           King
           may
           by
           Law
           prohibit
           sending
           to
           any
           other
           ,
           may
           it
           be
           sent
           thither
           .
           Wherefore
           the
           publick
           Prohibition
           excepted
           in
           
             Magna
             Charta
          
           must
           needs
           run
           through
           this
           Act.
           2.
           
           The
           Statute
           says
           only
           ,
           notwithstanding
           
             any
             Law
             ,
             Statute
             or
             Vsage
             to
             the
             contrary
             ,
          
           but
           provides
           not
           against
           future
           
             publick
             Prohibitions
          
           .
        
         
           The
           Clause
           which
           enacts
           ,
           that
           no
           Commodity
           of
           the
           Growth
           ,
           Production
           or
           Manufacture
           of
           Europe
           ,
           shall
           be
           imported
           into
           any
           part
           of
           
             Asia
             ,
             Africa
          
           and
           America
           ,
           unless
           in
           
             English
             Bottoms
          
           ,
           with
           the
           Master
           and
           three
           fourths
           of
           the
           
             Mariners
             English
          
           ,
           gives
           no
           Liberty
           for
           all
           People
           to
           trade
           thither
           ;
           but
           only
           requires
           the
           lawful
           Traders
           thither
           to
           go
           with
           
             English
             Ships
          
           ,
           and
           such
           a
           Proportion
           of
           English-men
           .
           Of
           the
           same
           Nature
           is
           the
           Provision
           
           concerning
           Goods
           or
           Commodities
           of
           the
           Growth
           Production
           and
           Manufacture
           of
           
             Africa
             ,
             Asia
          
           ,
           or
           America
           ,
           12
           Car.
           2.
           
        
         
           
           Seventhly
           ,
           The
           King
           may
           by
           his
           Prerogative
           ,
           entrusted
           with
           him
           for
           the
           Good
           of
           his
           People
           ,
           prohibit
           the
           Exportation
           or
           Importation
           of
           certain
           Comodities
           ,
           upon
           Pain
           of
           Forfeiture
           of
           
           the
           Goods
           ,
           and
           Ships
           which
           carry
           them
           .
        
         
           
           Edward
           the
           third
           commanded
           that
           no
           
             Merchant
             Denizen
          
           should
           transport
           Cloth
           of
           Worsted
           ,
           nor
           
             Merchant
             Denizen
          
           or
           Stranger
           ,
           Coals
           ,
           Sea
           Stones
           Fell-Ware
           ,
           &c.
           to
           other
           Places
           than
           
             Calais
             ,
             sub
             forisfacturâ
             Bonorum
             et
             Merchandizarum
             ,
          
           under
           Forfeiture
           of
           the
           Goods
           and
           Merchandizes
           .
        
         
           This
           is
           likely
           to
           have
           been
           according
           to
           former
           Precedents
           of
           Staples
           :
           for
           whereas
           the
           Statute
           2
           E.
           3.
           says
           ,
           
             Staples
             ordained
             by
             Kings
             in
             
             times
             past
             shall
             cease
             ;
          
           So
           it
           says
           of
           the
           Pains
           thereupon
           ,
           Provided
           .
           And
           the
           27
           th
           enacts
           ,
           
           
             That
             all
             who
             shall
             be
             convict
             that
             they
             have
             brought
             Wools
             ,
             Leather
             ,
             and
             Woolfells
             to
             the
             Parts
             beyond
             the
             Sea
             ,
             against
             the
             Defence
             of
             the
             Proclamation
             thereof
             made
             ,
             before
             the
             making
             this
             Ordinance
             ,
             shall
             be
             judged
             to
             prison
             ,
             and
             incur
             the
             Forfeiture
             of
             the
             same
             
               Wools
               ,
               Leather
            
             ,
             or
             Woolfels
             ,
             and
             all
             other
             their
             Goods
             and
             Chattels
             ,
             and
             moreover
             be
             ransomed
             at
             our
             Will.
             
          
        
         
           Now
           I
           appeal
           to
           all
           rational
           Men
           ,
           whether
           it
           is
           not
           more
           likely
           that
           there
           had
           been
           such
           a
           Penalty
           in
           the
           King's
           Prohibition
           ,
           and
           that
           it
           was
           here
           confirmed
           by
           the
           Parliament
           ,
           than
           that
           they
           should
           make
           a
           Penalty
           
             ex
             post
             facto
          
           ,
           or
           encrease
           the
           Penalty
           before
           set
           .
        
         
           But
           for
           the
           King
           to
           prohibit
           upon
           Pain
           of
           Forfeiture
           was
           very
           frequent
           in
           that
           time
           ,
           and
           as
           here
           it
           had
           a
           Parliamentary
           Allowance
           ,
           so
           had
           it
           a
           judicial
           one
           in
           the
           foregoing
           Reign
           .
        
         
           
           A
           Charter
           had
           been
           granted
           to
           Great
           Yarmouth
           ,
           that
           all
           Ships
           coming
           within
           the
           Haven
           ,
           shall
           be
           discharged
           there
           ,
           upon
           Pain
           of
           
             Forfeiture
             of
             the
             Goods
          
           .
           This
           had
           been
           adjudged
           valid
           before
           the
           
           
           Council
           of
           E.
           2.
           which
           being
           at
           a
           time
           when
           the
           Council
           was
           chosen
           in
           Parliament
           ,
           carries
           as
           much
           Evidence
           of
           the
           Law
           of
           that
           time
           ,
           as
           any
           thing
           can
           .
           Indeed
           
             Little
             Yarmouth
          
           in
           the
           time
           of
           E.
           3.
           insisting
           upon
           the
           same
           Priviledg
           by
           another
           Charter
           ,
           as
           it
           had
           done
           before
           the
           Council
           of
           E.
           2.
           
           The
           Debate
           of
           that
           matter
           is
           adjourned
           to
           Parliament
           .
        
         
           
           Exporting
           Corn
           from
           the
           Isle
           of
           Wight
           was
           prohibited
           upon
           Pain
           of
           Forfeiture
           ,
           40
           E.
           3.
           
        
         
           
           Exporting
           Wine
           from
           England
           upon
           the
           like
           Pain
           ,
           46
           E.
           3.
           
        
         
           
           And
           long
           before
           this
           ,
           
             Foreign
             Merchants
          
           ,
           without
           mention
           of
           any
           War
           ,
           had
           but
           40
           Days
           given
           them
           to
           sell
           their
           Wines
           in
           London
           .
        
         
           And
           ,
           as
           his
           present
           
             Majesties
             Proclamation
          
           prohibiting
           the
           Importation
           of
           French
           Goods
           ,
           and
           requiring
           the
           Sale
           of
           them
           by
           a
           convenient
           time
           to
           come
           ,
           upon
           Pain
           of
           Forfeiture
           ,
           and
           this
           without
           any
           Declaration
           of
           War
           but
           only
           for
           the
           Publick
           Good
           ,
           is
           another
           great
           Authority
           on
           the
           Companies
           Side
           :
           So
           the
           Proclamation
           of
           3
           E.
           1.
           is
           a
           Precedent
           in
           Point
           to
           justify
           the
           last
           ;
           for
           no
           Man
           can
           doubt
           but
           
             Foreign
             Merchants
          
           had
           their
           Goods
           as
           much
           under
           the
           Protection
           of
           our
           Laws
           ,
           as
           Natives
           had
           or
           have
           .
        
         
           
           But
           admit
           that
           the
           King
           could
           not
           by
           his
           Proclamation
           create
           a
           Forfeiture
           ,
           so
           to
           be
           adjudged
           in
           Westminster-Hall
           ;
           yet
           it
           being
           in
           Relation
           to
           Fact
           arising
           upon
           the
           
             High
             Sea
          
           ,
           or
           the
           Ports
           beyond
           the
           Seas
           ,
           falling
           within
           the
           
             Admiralty
             Jurisdiction
          
           and
           
             Marine
             Laws
          
           ;
           if
           the
           King
           may
           by
           Law
           prohibit
           ,
           then
           whatever
           Penalty
           the
           
             Marine
             Laws
          
           inflict
           upon
           Persons
           or
           Goods
           ,
           going
           contrary
           to
           Imperial
           or
           
             Regal
             Prohibitions
          
           ,
           the
           same
           are
           allowed
           of
           in
           our
           
           Laws
           :
           Nor
           will
           it
           be
           any
           Objection
           to
           say
           that
           the
           Penalty
           is
           occasioned
           by
           the
           Prohibition
           in
           the
           Charter
           :
           for
           it
           is
           not
           supposed
           that
           barely
           trading
           thither
           is
           against
           the
           
             Marine
             Laws
          
           ,
           unless
           such
           Trade
           were
           before
           prohibited
           .
        
         
           
           As
           early
           as
           the
           time
           of
           Rich.
           1.
           
           I
           find
           that
           
             omnes
             per
             mare
             ituri
          
           ,
           all
           Persons
           going
           by
           Sea
           ,
           were
           subject
           to
           the
           
             Admiral
             's
             Jurisdiction
          
           .
           
        
         
           And
           parts
           beyond
           the
           Seas
           are
           within
           the
           same
           .
           The
           great
           Hales
           when
           he
           was
           of
           Counsel
           in
           a
           cause
           against
           the
           Admiralty
           ,
           did
           not
           except
           against
           such
           
           Power
           ;
           only
           that
           a
           Contract
           at
           New-England
           was
           not
           alledged
           to
           be
           in
           
             partibus
             transmarinis
          
           .
           But
           this
           Jurisdiction
           is
           proved
           at
           large
           by
           Mr.
           Pryn
           ,
           in
           his
           
             Observations
             upon
             the
          
           4th
           Institute
           .
        
         
           
           The
           Kings
           Power
           at
           Sea
           ,
           is
           more
           absolute
           than
           at
           Land
           ,
           as
           appears
           by
           a
           memorable
           Record
           ,
           31
           
           E.
           1.
           
        
         
           It
           was
           then
           agreed
           by
           the
           Lords
           and
           Commons
           and
           the
           Deputies
           of
           
             Foreign
             Princes
          
           ,
           that
           the
           
           
             King
             of
          
           England
           ,
           
             by
             Reason
             of
             his
             Kingdom
             of
          
           England
           ,
           has
           enjoyed
           the
           Supream
           Dominion
           and
           Empire
           in
           the
           English
           Sea
           ,
           and
           the
           Islands
           thereto
           belonging
           ,
           and
           
             may
             constitute
             whatever
             is
             necessary
             for
             the
             preserving
             Peace
             ,
             Justice
             ,
             and
             Equity
             ,
          
           as
           well
           among
           
             Foreign
             Nations
          
           as
           his
           own
           Subjects
           ;
           and
           may
           judg
           accordingly
           ,
           and
           do
           all
           things
           belonging
           to
           
             summum
             Imperium
          
           .
        
         
           
           The
           Admiral
           's
           Patents
           
             are
             to
             try
          
           secundum
           Legem
           Maritimam
           ,
           
             according
             to
          
           Maritime
           Law
           ;
           and
           Maritime
           Law
           or
           Law
           Merchants
           ,
           
             is
             by
             the
          
           Chancellor
           in
           E.
           4th's
           
             time
             ,
             held
             to
             be
             the
          
           Law
           of
           Nature
           ,
           which
           
           is
           Vniversal
           throughout
           all
           the
           World.
           
        
         
         
           Wherefore
           according
           to
           this
           ,
           the
           King
           has
           in
           these
           matters
           
             summum
             Imperium
          
           ,
           without
           the
           Fetters
           of
           positive
           Laws
           of
           particular
           Nations
           .
        
         
           But
           as
           far
           as
           the
           Provisions
           reach
           the
           Law
           of
           Oleron
           
           made
           by
           R.
           1.
           as
           he
           came
           from
           the
           Holy
           Land
           ,
           is
           the
           Law
           of
           Mer●●an●s
           throughout
           the
           World
           ,
           and
           
           the
           Law
           of
           Nations
           ●herein
           ;
           and
           I
           find
           Provisions
           made
           for
           Trials
           by
           the
           Law
           of
           
             Oleron
             ,
             and
             ancient
             Laws
             of
             the
             〈◊〉
             :
          
           and
           4
           H.
           4.
           
           Persons
           to
           be
           punished
           according
           to
           the
           Custom
           of
           the
           5
           Ports
           ,
           which
           had
           a
           Collection
           of
           some
           Sea
           Laws
           .
        
         
           By
           the
           Law
           of
           
             Oleron
             ,
             Pyrates
             ,
             Robbers
          
           and
           
           Sea-Rovers
           ,
           may
           by
           despoiled
           of
           their
           Goods
           without
           Punishment
           .
           If
           this
           will
           not
           reach
           Interlopers
           as
           Sea-Rovers
           ,
           at
           least
           the
           
             Civil
             Law
          
           ,
           which
           is
           another
           Guide
           to
           the
           
             Admiral
             's
             Judgment
          
           ,
           will.
           
        
         
           
           If
           ,
           says
           the
           learned
           Professor
           of
           the
           Civil
           Law
           ,
           Dr.
           Zouch
           ,
           things
           unlawful
           are
           put
           into
           a
           Ship
           ,
           the
           Ship
           is
           forfeited
           .
           Again
           ,
           he
           tells
           us
           Traders
           are
           proceeded
           against
           in
           Judgment
           ,
           if
           they
           venture
           to
           go
           to
           buy
           or
           sell
           
             beyond
             places
             prescribed
          
           ;
           and
           the
           Goods
           brought
           from
           thence
           are
           to
           be
           forfeited
           ,
           and
           the
           Contracters
           to
           be
           subjected
           to
           perpetual
           Punishments
           .
           And
           't
           is
           evident
           that
           for
           this
           he
           has
           the
           Warrant
           of
           the
           express
           Letter
           of
           the
           
             Civil
             Law.
          
           
        
         
           Thus
           we
           find
           in
           the
           Codex
           .
        
         
           *
           
             We
             now
             command
             ,
             as
             was
             formerly
             done
             ,
             that
             
               Liberty
               of
               buying
            
             Silk
             from
             Barbarians
             be
             taken
             from
             all
             Persons
             except
             the
             
               Supervisor
               of
               Commerce
            
             .
          
        
         
         
           Again
           .
        
         
           †
           
             Merchants
             ,
             as
             well
             our
             Subjects
             as
             those
             of
             the
             King
             of
             Persia
             ought
             not
             to
             buy
             or
             sell
             out
             of
             those
             Places
             which
             were
             
               agreed
               to
            
             ,
             at
             the
             time
             of
             the
             League
             with
             the
             said
             Nation
             .
             If
             this
             be
             done
             knowingly
             by
             either
             of
             the
             Contractors
             ,
             the
             things
             
               sold
               or
               gained
            
             elsewhere
             than
             in
             these
             Places
             ,
             are
             forfeited
             .
          
        
         
           And
           besides
           the
           Loss
           of
           these
           things
           ,
           and
           of
           their
           Price
           ,
           which
           was
           paid
           in
           Money
           or
           Goods
           ,
           they
           are
           to
           undergo
           perpetual
           Banishment
           .
        
         
           Again
           .
        
         
           ‖
           
             If
             any
             Persons
             are
             apprehended
             either
             going
             beyond
             the
             
               Cities
               mentioned
               in
               the
               ancient
               Laws
               ,
            
             or
             receiving
             
               Foreign
               Merchants
            
             ,
             without
             a
             
               Supervisor
               of
               Commerce
            
             ,
             they
             shall
             neither
             evade
             the
             
               Forfeiture
               of
               their
               Goods
            
             ,
             nor
             the
             Penalty
             of
             perpetual
             Banishment
             .
          
        
         
           Upon
           all
           which
           Authorities
           ,
           I
           think
           it
           no
           strained
           Conclusion
           ,
           That
           if
           the
           King
           may
           prohibit
           
             Foreign
             Trade
          
           in
           any
           case
           ,
           (
           and
           all
           must
           agree
           that
           he
           may
           in
           some
           ,
           for
           the
           Publick
           Good
           )
           he
           may
           in
           such
           case
           prohibit
           it
           under
           the
           Penalty
           of
           Forfeiture
           of
           Ship
           and
           Goods
           ;
           especially
           if
           he
           direct
           that
           they
           shall
           be
           proceeded
           against
           by
           the
           
             Admiralty's
             Jurisdiction
          
           ,
           which
           is
           provided
           for
           by
           late
           Charters
           to
           the
           
             East-India
             Company
          
           .
        
         
           
           I
           must
           not
           here
           pass
           by
           the
           Case
           of
           Horn
           and
           Jvy
           ,
           which
           seems
           to
           lye
           in
           my
           way
           :
           There
           indeed
           
           the
           seizing
           a
           Ship
           as
           forfeited
           by
           Virtue
           of
           a
           Charter
           to
           the
           
             Canary
             Company
          
           ,
           is
           held
           unlawful
           .
           But
           it
           is
           to
           be
           considered
           ;
           1.
           
           That
           it
           was
           without
           Legal
           Process
           .
           2.
           
           The
           Justification
           of
           the
           seizing
           was
           without
           Warrant
           :
           only
           by
           Commandment
           from
           the
           Company
           ,
           which
           could
           not
           be
           sufficient
           .
           3.
           
           The
           Statute
           3
           I.
           1.
           had
           enabled
           the
           
             Subjects
             of
             England
          
           to
           trade
           freely
           into
           the
           Dominions
           of
           Spain
           .
           And
           the
           Distinction
           took
           by
           the
           Judges
           then
           ,
           that
           the
           Canaries
           were
           of
           the
           Dominions
           of
           the
           King
           of
           Spain
           ,
           but
           not
           of
           Spain
           it self
           ,
           might
           be
           true
           ;
           yet
           it
           is
           not
           likely
           that
           the
           Parliament
           intended
           a
           nice
           Enquiry
           into
           the
           several
           Tenures
           ,
           or
           the
           Titles
           which
           the
           King
           of
           Spain
           had
           ,
           to
           all
           the
           Parts
           of
           his
           Dominions
           .
           4.
           
           But
           ,
           be
           this
           Authority
           never
           so
           express
           ,
           the
           Reporter
           assures
           us
           some
           held
           otherwise
           :
           Nor
           could
           the
           unanimous
           Opinion
           of
           the
           Court
           of
           King's
           Bench
           ,
           be
           enough
           to
           turn
           the
           Stream
           of
           the
           greater
           Authorities
           which
           I
           have
           produced
           .
        
         
           
           The
           Power
           over
           Life
           exercised
           under
           the
           King's
           Authority
           ,
           is
           of
           greater
           sound
           ,
           but
           not
           of
           any
           higher
           Nature
           ,
           than
           the
           foregoing
           :
           For
           according
           to
           the
           Degrees
           of
           Power
           over
           Property
           ,
           so
           it
           must
           by
           Consequence
           be
           over
           Persons
           :
           And
           it
           will
           be
           no
           harsh
           Supposal
           ,
           that
           if
           the
           King
           is
           not
           tied
           to
           the
           Rules
           of
           
             Common
             Law
          
           in
           Relation
           to
           
             Foreign
             Trade
          
           ;
           neither
           is
           he
           as
           to
           the
           Persons
           of
           such
           Traders
           .
        
         
           But
           to
           come
           more
           particularly
           to
           the
           Facts
           which
           occasion
           this
           Question
           :
           They
           are
           either
           Judgments
           of
           Death
           upon
           Trials
           had
           ,
           in
           Pursuance
           of
           the
           Powers
           given
           by
           the
           Charter
           to
           the
           Governors
           upon
           the
           Place
           ;
           and
           these
           Powers
           duly
           pursued
           ,
           or
           not
           ;
           or
           else
           the
           like
           Judgments
           upon
           Trials
           
           had
           by
           particular
           Commissions
           for
           
             Martial
             Law.
          
           
        
         
           If
           the
           Powers
           of
           the
           Charter
           were
           duly
           pursued
           ,
           then
           the
           only
           Question
           will
           be
           ,
           whether
           the
           King
           may
           give
           a
           Power
           to
           judg
           upon
           the
           Place
           ,
           such
           as
           transgress
           the
           Laws
           either
           of
           England
           ,
           or
           by-Laws
           made
           for
           that
           Place
           ?
           If
           he
           cannot
           do
           this
           ,
           't
           will
           be
           impossible
           to
           preserve
           any
           Foreign
           Plantations
           ;
           and
           besides
           New-England
           ,
           and
           all
           other
           English
           Colonies
           ,
           have
           acted
           unwarrantably
           from
           the
           Beginning
           .
        
         
           If
           the
           Powers
           in
           the
           Charter
           have
           not
           been
           duly
           pursued
           ,
           that
           will
           be
           the
           Fault
           of
           the
           Governor
           entrusted
           with
           the
           Execution
           of
           them
           ,
           but
           not
           of
           the
           Company
           ,
           unless
           it
           appear
           that
           they
           have
           given
           such
           Instructions
           ,
           which
           neither
           did
           nor
           could
           appear
           ,
           in
           their
           Case
           who
           were
           tried
           by
           the
           Governour
           at
           St.
           Helena
           :
           It
           being
           immediately
           upon
           their
           Rebellion
           ,
           before
           there
           could
           come
           any
           Orders
           from
           hence
           concerning
           them
           .
        
         
           The
           heaviest
           part
           of
           the
           Charge
           ,
           is
           ,
           that
           of
           a
           Commission
           for
           
             Martial
             Law
          
           ;
           which
           't
           is
           supposed
           that
           the
           Company
           obtained
           ;
           &
           that
           some
           of
           the
           Committee
           gave
           Instructions
           to
           have
           it
           put
           in
           Execution
           .
        
         
           For
           this
           't
           is
           requisite
           to
           give
           a
           short
           Account
           of
           the
           Inducements
           to
           that
           Commission
           .
        
         
           The
           People
           of
           St.
           Helena
           having
           risen
           to
           a
           Competency
           on
           a
           suddain
           ,
           from
           the
           Grant
           of
           the
           Company
           ,
           had
           grown
           insolent
           with
           their
           good
           Fortune
           ,
           and
           impatient
           of
           any
           Government
           ;
           and
           four
           times
           rebell'd
           against
           the
           
             King's
             Auhtority
          
           administred
           by
           the
           Governours
           there
           ,
           meerly
           for
           Rebellions
           sake
           ,
           before
           they
           had
           any
           manner
           of
           Charge
           laid
           upon
           them
           for
           Maintenance
           of
           the
           Government
           :
           being
           only
           required
           to
           defend
           it
           with
           their
           
           Bodies
           ,
           and
           such
           Arms
           as
           were
           given
           them
           by
           the
           Company
           ;
           for
           which
           end
           they
           were
           bound
           to
           keep
           Guard
           in
           their
           turns
           ,
           as
           well
           as
           to
           rise
           in
           general
           upon
           occasion
           :
           They
           having
           taken
           a
           Distaste
           at
           the
           Deputy-Governor
           ,
           upon
           the
           false
           Suggestions
           of
           the
           most
           Seditious
           among
           them
           ,
           came
           down
           to
           the
           Fort
           in
           an
           hostile
           manner
           ,
           demanding
           the
           Deputy-Governor
           to
           be
           delivered
           up
           to
           their
           Fury
           ;
           and
           it
           being
           refus'd
           ,
           endeavour'd
           to
           force
           open
           the
           Gate
           .
        
         
           Some
           would
           justify
           their
           Recourse
           to
           Arms
           ,
           because
           the
           Company
           finding
           more
           need
           of
           Defence
           against
           them
           than
           against
           Invaders
           ,
           had
           been
           obliged
           to
           send
           Souldiers
           for
           securing
           the
           Peace
           ;
           and
           discharging
           them
           from
           their
           ordinary
           Attendance
           ,
           had
           required
           the
           Payment
           of
           one
           Shilling
           per
           Acre
           for
           this
           necessary
           Support
           of
           the
           Government
           .
           Whereas
           1.
           
           There
           was
           no
           Stipulation
           with
           them
           that
           they
           should
           have
           any
           Vote
           or
           Interest
           ,
           in
           the
           making
           any
           Laws
           or
           Provisions
           about
           the
           Governments
           :
           However
           ,
           2.
           
           This
           which
           they
           would
           make
           a
           just
           occasion
           ,
           was
           not
           done
           till
           it
           was
           necessitated
           by
           this
           very
           Rebellion
           ,
           which
           thus
           they
           would
           ligitimate
           by
           way
           of
           Prophecy
           .
        
         
           The
           Rebels
           (
           for
           such
           they
           were
           against
           the
           King's
           Power
           administred
           there
           )
           being
           dispersed
           by
           the
           Company
           's
           Souldiers
           ,
           some
           of
           them
           were
           taken
           and
           tried
           ,
           and
           if
           the
           Witness
           produced
           against
           the
           Company
           ,
           swore
           true
           ,
           they
           were
           notwithstanding
           found
           guilty
           but
           of
           a
           Riot
           or
           Tumult
           .
           Which
           shews
           how
           little
           Justice
           was
           to
           be
           expected
           ,
           when
           it
           was
           to
           be
           had
           by
           means
           of
           some
           of
           the
           Inhabitants
           .
           However
           they
           being
           taken
           in
           actual
           Rebellion
           ,
           the
           Governour
           having
           by
           the
           
           King's
           Charter
           ,
           [
           
             In
             Case
             of
             Rebellion
             ,
             Mutiny
             ,
             
             or
             Sedition
             ,
             as
             large
             and
             ample
             Power
             as
             any
             Captain
             General
             of
             the
             King's
             Army
             by
             Virtue
             of
             his
             Office
             ;
          
           ]
           hang'd
           some
           for
           Examples
           ,
           and
           detaining
           others
           in
           Prison
           ,
           sent
           a
           Narrative
           of
           the
           Fact
           signed
           by
           others
           of
           the
           Council
           there
           ;
           upon
           which
           Narrative
           ,
           the
           then
           King
           thought
           fit
           to
           issue
           out
           his
           Commission
           of
           
             Martial
             Law
          
           for
           Trial
           of
           the
           rest
           ,
           who
           were
           tried
           accordingly
           ,
           and
           some
           executed
           .
        
         
           That
           this
           Trial
           by
           
             Martial
             Law
          
           ,
           is
           warranted
           by
           the
           Law
           of
           England
           ,
           will
           appear
           beyond
           Contradiction
           :
           it
           being
           for
           a
           Fact
           committed
           
             beyond
             the
             Seas
          
           .
           For
           ,
        
         
           
           1
           st
           .
           At
           Common
           Law
           the
           Constable
           and
           Marshal
           have
           the
           sole
           Jurisdiction
           ,
           in
           criminal
           Causes
           arising
           from
           
             beyond
             the
             Seas
          
           ,
           as
           appears
           by
           the
           declaratory
           Stat.
           13
           R.
           2.
           which
           says
           ,
        
         
           To
           the
           Constable
           it
           pertaineth
           to
           have
           Cognizance
           of
           Contracts
           touching
           Deeds
           of
           Arms
           and
           War
           out
           of
           England
           .
        
         
           And
           indeed
           't
           is
           evident
           by
           numerous
           Authorities
           ,
           that
           the
           Courts
           at
           Westminster
           could
           not
           take
           Cognizance
           of
           such
           Fact
           ;
           to
           mention
           but
           one
           ,
           as
           early
           as
           E.
           2.
           't
           is
           held
           without
           Contradiction
           ,
           that
           to
           a
           Fact
           done
           out
           
           of
           the
           Jurisdiction
           here
           ,
           or
           
             out
             of
             the
             Realm
          
           ,
           as
           at
           
             Paris
             ,
             or
             else
             where
             beyond
             Sea
             ,
          
           I
           ought
           not
           to
           answer
           .
           
        
         
           The
           Constables
           Commission
           refers
           to
           the
           Practice
           in
           the
           time
           of
           W.
           1.
           
           and
           since
           ,
           and
           shews
           that
           the
           Proceedings
           there
           ,
           have
           from
           the
           earliest
           times
           been
           in
           a
           
             summary
             way
          
           ,
           without
           
           regard
           to
           our
           forms
           of
           Law.
           And
           it
           is
           held
           by
           Prisot
           ,
           37
           H.
           6.
           and
           
           not
           denied
           ,
           that
           the
           Proceedings
           before
           the
           Constable
           and
           Marshal
           are
           to
           be
           by
           the
           
             Civil
             Law.
          
           
        
         
           2.
           
           This
           Power
           for
           exercising
           
             Martial
             Law
          
           ,
           is
           not
           taken
           away
           by
           any
           Statute
           .
           The
           only
           Statutes
           which
           may
           be
           supposed
           to
           affect
           it
           ,
           are
           26
           H.
           8.
           c.
           13.
           and
           35
           H.
           8.
           c.
           2.
           both
           of
           them
           for
           Trial
           here
           of
           Treasons
           committed
           
             beyond
             the
             Seas
          
           ;
           and
           that
           part
           of
           the
           
             Petition
             of
             Right
          
           ,
           which
           concerns
           the
           Exercise
           of
           this
           Law.
           
        
         
           Neither
           of
           which
           take
           away
           this
           Power
           ;
           for
           it
           being
           a
           Power
           at
           Common
           Law
           ,
           those
           Statutes
           of
           H.
           8.
           which
           authorize
           Trials
           here
           ,
           by
           no
           means
           
           remove
           it
           ,
           as
           is
           held
           by
           the
           
             Lord
             Coke
          
           .
           And
           that
           manifestly
           agreeable
           to
           the
           course
           of
           Authorities
           in
           the
           like
           kind
           ;
           there
           being
           no
           
             negative
             clause
             ▪
          
           providing
           that
           such
           Trials
           shall
           not
           be
           had
           elsewhere
           ,
           or
           in
           
             other
             manner
          
           than
           what
           is
           there
           enacted
           .
        
         
           That
           the
           
             Petition
             of
             Right
          
           does
           not
           touch
           this
           ,
           is
           as
           plain
           :
           for
           ,
        
         
           
           
             The
             Petition
             is
             only
             against
             the
             assigning
             and
             appointing
             Commissioners
             ,
             with
             Power
             and
             Authority
             to
             proceed
             
               within
               the
               Land
            
             ,
             according
             to
             the
             Justice
             of
             
               Martial
               Law.
            
             
          
        
         
           2.
           
           It
           is
           not
           against
           proceeding
           for
           Fact
           ,
           arising
           out
           of
           the
           Land
           ,
           but
           such
           only
           ,
           for
           which
           Men
           were
           by
           Law
           punishable
           here
           ,
           by
           
             Magna
             Charta
          
           and
           other
           Statutes
           declaratory
           of
           the
           Common
           Law
           ,
           before
           the
           Statutes
           26
           and
           35
           H.
           8.
           whereas
           
             Martial
             Law
          
           was
           within
           
             Magna
             Charta
          
           ,
           and
           those
           other
           Statutes
           ,
           part
           of
           the
           Law
           of
           the
           Land
           ,
           in
           Relation
           to
           Fact
           arising
           from
           
             beyond
             Sea.
          
           And
           whereas
           the
           Petition
           says
           ,
           
             No
             Persons
             were
             exempted
             from
             Punishments
             to
             be
             inflicted
             according
             to
             the
             Laws
             and
             Statutes
             ;
          
           It
           shews
           that
           
           it
           speaks
           only
           in
           Relation
           to
           Fact
           arising
           here
           ;
           for
           otherwise
           they
           were
           exempted
           .
        
         
           3.
           
           But
           farther
           ,
           that
           the
           Petition
           of
           Right
           was
           never
           intended
           to
           touch
           the
           Constables
           or
           Marshals
           Common-Law-Jurisdiction
           ,
           appears
           from
           the
           Debates
           which
           induced
           the
           Petition
           .
        
         
           
           
             I
             agree
             ,
             says
             the
             Learned
             Banks
             ,
             then
             
               Attorney
               General
            
             ,
             and
             afterwards
             
               Chief
               Justice
            
             of
             the
             Common-Pleas
             ,
             in
             some
             particular
             Cases
             the
             Martial
             hath
             Jurisdiction
             ,
             as
             in
             matters
             whereof
             the
             Common-Law
             can
             take
             no
             notice
             ,
          
           
             being
             done
             out
             of
             this
             Realm
             ,
             and
             also
             for
             the
             Treasons
             and
             Murders
             beyond
             Sea.
             
          
        
         
           I
           need
           not
           labour
           to
           prove
           ,
           that
           the
           same
           Power
           which
           the
           Constable
           and
           Marshal
           ,
           or
           either
           of
           them
           ,
           had
           at
           the
           Common
           Law
           ,
           may
           be
           granted
           to
           several
           Commissioners
           :
           The
           Substance
           of
           the
           Power
           not
           consisting
           in
           the
           Name
           or
           Number
           of
           Officers
           :
           and
           I
           think
           no
           Man
           will
           question
           but
           the
           present
           
             Lords
             Commissioners
             for
             the
             Great
             Seal
          
           had
           ,
           before
           the
           late
           Statute
           concerning
           them
           ,
           all
           the
           Power
           which
           the
           Chancellor
           or
           Keeper
           had
           ,
           at
           the
           Common-Law
           .
        
         
           Commissions
           for
           the
           executing
           
             Martial
             Law
          
           ,
           have
           been
           frequent
           in
           most
           Reigns
           ,
           and
           such
           as
           are
           full
           Precedents
           for
           that
           Commission
           which
           was
           executed
           at
           St.
           Helena
           :
           To
           make
           which
           evident
           ,
           I
           have
           in
           the
           Appendix
           transcribed
           one
           at
           large
           ,
           
           granted
           even
           in
           Queen
           Elizabeth's
           time
           ,
           and
           refer
           to
           another
           of
           the
           like
           kind
           ,
           in
           the
           time
           of
           J.
           1.
           
        
         
           
           It
           may
           be
           said
           ,
           That
           it
           is
           not
           agreeable
           to
           the
           
             Martial
             Law
          
           ,
           that
           others
           joining
           with
           
             Souldiers
             ▪
          
           should
           be
           punished
           as
           Souldiers
           .
           To
           which
           I
           answer
           :
        
         
         
           
           That
           though
           this
           might
           be
           a
           question
           in
           other
           Cases
           ,
           yet
           it
           can
           be
           none
           in
           the
           Case
           of
           open
           Rebellion
           ,
           where
           Rebels
           make
           themselves
           Souldiers
           .
           And
           it
           is
           observable
           that
           the
           
             Petition
             of
             Right
          
           makes
           no
           Provision
           against
           the
           Trial
           of
           such
           ,
           even
           for
           Facts
           committed
           here
           :
           for
           it
           mentions
           only
           
           
             Murthers
             ,
             Robbery
             ,
             Felony
             ,
             Mutiny
             ,
          
           or
           other
           Outrage
           or
           Misdemeanor
           ,
           proceeding
           from
           the
           higher
           to
           the
           lower
           Crimes
           :
           but
           Treason
           is
           neither
           included
           in
           them
           ,
           nor
           ever
           placed
           in
           the
           Rear
           .
        
         
           2.
           
           The
           Planters
           at
           St.
           Helena
           might
           well
           be
           look'd
           upon
           as
           Souldiers
           ,
           not
           only
           as
           they
           were
           in
           open
           Rebellion
           ,
           and
           went
           thither
           as
           Souldiers
           ;
           
           but
           by
           the
           Constitution
           of
           the
           Place
           ,
           were
           bound
           to
           ordinary
           Duty
           by
           Day
           and
           Night
           ,
           in
           their
           turns
           ,
           with
           the
           Companies
           Arms
           ;
           had
           their
           several
           Posts
           assigned
           them
           ,
           and
           were
           to
           attend
           upon
           all
           Alarms
           at
           the
           firing
           of
           a
           Gun.
           
        
         
           
           It
           may
           further
           be
           said
           ,
           That
           Martial
           Law
           ought
           to
           be
           exercised
           only
           
             flagrante
             bello
          
           .
           But
           then
           there
           would
           be
           little
           Difference
           ,
           if
           any
           ,
           between
           a
           Fact
           committed
           here
           ,
           or
           beyond
           Sea
           :
           for
           the
           Petition
           of
           Right
           allows
           it
           here
           in
           time
           of
           War
           ;
           condemning
           only
           the
           Exercise
           of
           such
           a
           Power
           as
           it
           agrees
           to
           be
           used
           
             in
             Armies
             in
             time
             of
             War.
          
           But
           matters
           hapning
           abroad
           ,
           being
           triable
           by
           Martial
           Law
           here
           ,
           or
           by
           Commissions
           from
           hence
           ,
           't
           is
           evident
           that
           there
           must
           be
           time
           allowed
           for
           Informations
           ;
           which
           being
           from
           a
           great
           Distance
           ,
           cannot
           be
           speedy
           .
        
         
           If
           it
           be
           said
           ,
           That
           the
           Governor
           might
           have
           exercised
           this
           Power
           upon
           the
           Place
           ,
           perhaps
           it
           may
           be
           better
           that
           he
           should
           stay
           for
           Orders
           from
           hence
           ,
           than
           that
           so
           large
           a
           Power
           should
           be
           used
           at
           his
           
           Discretion
           .
           Besides
           till
           he
           was
           reinforced
           from
           England
           ,
           and
           Pardons
           were
           sent
           from
           thence
           ,
           which
           several
           imbraced
           to
           the
           breaking
           the
           Party
           which
           had
           conspired
           and
           acted
           together
           ,
           he
           wanted
           Power
           to
           execute
           such
           an
           Authority
           .
        
         
           But
           did
           not
           the
           Common
           and
           Statute
           Law
           of
           the
           Land
           ,
           the
           Civil
           Law
           of
           the
           Romans
           ,
           or
           other
           Maritime
           or
           Marshal
           Laws
           ,
           afford
           sufficient
           Matter
           for
           an
           Apology
           ,
           we
           might
           have
           Recourse
           to
           the
           Foundation
           of
           them
           all
           ,
           and
           what
           upon
           Emergencies
           superseeds
           all
           ,
           the
           
             Salus
             Populi
          
           :
           To
           which
           the
           Interest
           both
           of
           Prince
           and
           People
           must
           give
           way
           ;
           whenever
           there
           is
           a
           Competition
           .
        
         
           It
           is
           necessary
           that
           this
           should
           be
           preserved
           :
           And
           the
           Law
           of
           Necessity
           is
           ever
           held
           superior
           to
           Forms
           and
           Provisions
           for
           common
           Cases
           .
           This
           indeed
           is
           duly
           taken
           by
           the
           Lord
           Hobart
           to
           be
           a
           Law
           only
           for
           the
           instant
           Time.
           But
           if
           it
           does
           appear
           that
           the
           
             East-India
             Company
          
           is
           for
           the
           Benefit
           
           of
           the
           Publick
           ;
           and
           if
           the
           Powers
           which
           it
           exercised
           by
           Grant
           from
           the
           Crown
           ,
           were
           at
           the
           respective
           times
           of
           using
           them
           ,
           necessary
           to
           preserve
           their
           Trade
           or
           Interest
           in
           those
           Places
           ,
           which
           they
           had
           obtained
           from
           the
           Crown
           ,
           or
           their
           own
           Acquisition
           allowed
           by
           that
           :
           then
           this
           may
           plead
           their
           Excuse
           for
           what
           was
           done
           in
           such
           Circumstances
           :
           though
           indeed
           it
           be
           no
           Argument
           that
           such
           Powers
           should
           be
           constantly
           exercised
           for
           the
           future
           ,
           without
           a
           Parliamentary
           Establishment
           .
           That
           an
           
             East-India
             Company
          
           is
           for
           the
           Good
           of
           the
           Nation
           ,
           is
           now
           past
           Controversy
           ,
           and
           is
           not
           only
           admitted
           on
           all
           sides
           ;
           but
           they
           who
           would
           destroy
           this
           ,
           would
           be
           of
           a
           new
           one
           ,
           that
           themselves
           might
           share
           in
           the
           Spoils
           of
           the
           Old.
           If
           therefore
           
           the
           destroying
           this
           ,
           the
           taking
           from
           its
           Credit
           ,
           or
           lessening
           the
           Powers
           which
           it
           has
           ;
           though
           the
           like
           Powers
           should
           immediately
           be
           vested
           in
           another
           ;
           may
           indanger
           the
           Loss
           of
           Trade
           ,
           or
           Diminution
           of
           the
           English
           Interest
           in
           India
           ;
           then
           't
           is
           certain
           't
           will
           be
           more
           expedient
           that
           the
           old
           Company
           should
           have
           a
           Supply
           of
           such
           Powers
           as
           are
           supposed
           not
           to
           be
           Legal
           ,
           than
           that
           it
           should
           be
           lessened
           in
           any
           Respect
           .
        
         
           If
           this
           Company
           were
           dissolved
           ,
           then
           whatever
           Advantages
           are
           gained
           by
           any
           Treaties
           with
           the
           Indians
           ,
           or
           by
           their
           own
           prudent
           Management
           among
           them
           would
           cease
           .
        
         
           Nay
           whatever
           tends
           to
           the
           sinking
           its
           Credit
           ,
           not
           only
           makes
           the
           Trade
           with
           the
           Indians
           to
           be
           upon
           more
           disadvantageous
           terms
           ,
           but
           gives
           such
           an
           over-Ballance
           of
           Credit
           to
           our
           too
           powerful
           Competitors
           ,
           as
           perhaps
           may
           not
           be
           retrieved
           again
           in
           some
           Ages
           .
           The
           denying
           the
           English
           Company
           that
           Power
           ,
           which
           is
           exercised
           there
           by
           others
           ,
           would
           deprive
           it
           of
           means
           necessary
           to
           its
           Preservation
           .
           It
           being
           impossible
           that
           a
           People
           at
           such
           Distance
           can
           receive
           Laws
           from
           hence
           for
           all
           Emergencies
           ,
           timely
           enough
           to
           obviate
           their
           Designs
           ,
           who
           act
           by
           full
           Power
           upon
           the
           Place
           .
           And
           the
           very
           transferring
           this
           Power
           to
           another
           Company
           ,
           but
           newly
           entred
           upon
           the
           Methods
           of
           advancing
           its
           Interest
           in
           the
           Indies
           ,
           may
           occasion
           the
           hazarding
           that
           publick
           Benefit
           ,
           which
           the
           Nation
           is
           now
           in
           Possession
           of
           .
           Nor
           ought
           it
           to
           be
           put
           upon
           the
           chance
           of
           an
           uncertain
           Experiment
           .
        
         
           But
           what
           arises
           from
           the
           Political
           Consideration
           of
           this
           matter
           ,
           has
           been
           already
           set
           in
           so
           clear
           a
           Light
           ,
           by
           an
           Hand
           the
           best
           able
           ,
           that
           for
           me
           to
           
           add
           any
           thing
           further
           ,
           might
           be
           but
           the
           casting
           cold
           Water
           upon
           Arguments
           ,
           which
           could
           not
           otherwise
           fail
           of
           maintaining
           a
           warm
           Impression
           in
           the
           Readers
           .
        
         
           
           If
           it
           be
           said
           ,
           that
           the
           Parties
           over
           whom
           this
           Power
           has
           been
           exercised
           ,
           were
           English-Men
           ,
           and
           carry
           the
           Rights
           of
           such
           along
           with
           them
           .
        
         
           'T
           is
           certain
           ,
           these
           cannot
           be
           enjoyed
           in
           all
           Places
           ;
           for
           then
           they
           would
           have
           the
           same
           in
           the
           Dominions
           of
           other
           Princes
           ,
           notwithstanding
           the
           local
           Allegiance
           due
           by
           the
           Law
           of
           Nations
           ,
           by
           reason
           of
           Protection
           ,
           according
           to
           their
           respective
           Laws
           .
        
         
           If
           Men
           will
           venture
           their
           Lives
           and
           Fortunes
           beyond
           the
           Protection
           of
           the
           
             English
             Laws
          
           ,
           't
           is
           at
           their
           own
           Peril
           ,
           and
           they
           must
           submit
           to
           the
           Consequences
           of
           it
           ;
           and
           what
           those
           Consequences
           may
           be
           ,
           will
           the
           better
           appear
           if
           we
           consider
           the
           Nature
           of
           those
           Places
           from
           whence
           the
           Questions
           arise
           .
        
         
           They
           had
           been
           granted
           to
           the
           Company
           from
           the
           Crown
           ,
           reserving
           the
           Soveraignty
           :
           And
           were
           either
           1.
           
           Such
           Plantations
           or
           Colonies
           as
           King
           C.
           2.
           had
           with
           his
           Queen
           ,
           formerly
           
           belonging
           to
           the
           King
           of
           Portugal
           ;
           which
           being
           the
           King
           's
           in
           his
           personal
           Capacity
           ,
           and
           never
           annexed
           to
           the
           
             Crown
             of
             England
          
           by
           any
           Act
           of
           Parliament
           ,
           were
           evidently
           no
           part
           of
           the
           
             Dominion
             of
             England
          
           .
        
         
           2.
           
           Such
           as
           were
           gain'd
           by
           primier
           Occupancy
           ,
           as
           not
           being
           prepossess'd
           by
           the
           Subjects
           of
           any
           other
           Government
           .
        
         
           3.
           
           Acquired
           by
           Conquest
           absolute
           ,
           or
           upon
           terms
           .
        
         
           4.
           
           By
           Purchase
           for
           Goods
           or
           Mony
           ,
           or
           by
           the
           way
           of
           Exchange
           for
           Lands
           or
           Territories
           .
        
         
         
           That
           of
           Purchase
           ,
           may
           fall
           indifferently
           under
           the
           same
           Consideration
           either
           with
           absolute
           Conquest
           ,
           or
           with
           that
           upon
           terms
           ;
           according
           to
           the
           Nature
           of
           the
           Purchase
           ,
           or
           thing
           purchased
           .
           Occupancy
           ,
           under
           the
           same
           with
           
             absolute
             Conquest
          
           ;
           because
           there
           were
           none
           to
           make
           Terms
           for
           themselves
           .
           And
           if
           the
           Agreements
           between
           the
           Conqueror
           and
           the
           Conquered
           have
           the
           force
           of
           Laws
           ,
           by
           Parity
           of
           Reason
           where
           there
           is
           no
           Agreement
           ,
           as
           in
           Places
           gain'd
           by
           Occupancy
           or
           absolute
           Conquest
           ,
           the
           Prince's
           Pleasure
           sufficiently
           declared
           and
           made
           known
           ,
           will
           have
           the
           same
           force
           .
        
         
           Though
           the
           Soveraignty
           of
           what
           Subjects
           gain
           by
           the
           Sword
           ,
           or
           Purchase
           ,
           accrues
           to
           the
           Prince
           ;
           it
           is
           not
           so
           clear
           ,
           that
           the
           Prince
           acquires
           for
           his
           Subjects
           ;
           for
           then
           that
           Acquistion
           which
           W.
           1.
           made
           by
           his
           Victory
           over
           Harold
           would
           have
           rendred
           England
           an
           Accession
           to
           Normandy
           ,
           as
           our
           present
           Soveraign's
           Victory
           over
           J.
           2.
           would
           have
           subjected
           England
           to
           the
           
             Low
             Countries
          
           .
        
         
           If
           indeed
           an
           
             absolute
             Conquest
          
           ,
           leaving
           no
           Property
           to
           the
           Natives
           ,
           were
           carried
           on
           at
           the
           charge
           of
           a
           Nation
           ,
           or
           of
           any
           Body
           Politick
           ,
           or
           single
           Persons
           ,
           such
           would
           have
           a
           fair
           Pretence
           to
           a
           Legal
           Interest
           or
           share
           in
           the
           Soil
           ,
           though
           not
           in
           the
           Soveraignty
           .
           But
           when
           the
           King
           gains
           a
           Soveraignty
           ,
           where
           the
           People
           in
           general
           have
           no
           Pretence
           of
           Interest
           in
           the
           Property
           ,
           it
           may
           be
           a
           question
           whether
           the
           Laws
           of
           Property
           here
           ,
           and
           for
           securing
           Liberty
           ,
           which
           follows
           that
           ,
           can
           be
           of
           any
           force
           there
           .
           And
           whoever
           transplants
           himself
           without
           any
           Property
           ,
           must
           be
           presumed
           to
           submit
           to
           the
           Laws
           and
           Customs
           of
           that
           Place
           where
           he
           expects
           to
           gain
           one
           .
        
         
           The
           only
           Question
           material
           here
           ,
           as
           giving
           
           Light
           to
           the
           rest
           ,
           is
           ,
           what
           ,
           according
           to
           our
           Law
           ,
           is
           the
           Effect
           of
           
             Conquest
             upon
             Terms
          
           ;
           That
           in
           such
           case
           the
           former
           Laws
           and
           Customs
           of
           the
           conquered
           Country
           remain
           ,
           if
           stipulated
           for
           ,
           appears
           from
           the
           Nature
           of
           the
           thing
           ,
           and
           is
           confirm'd
           by
           our
           Law
           ;
           of
           which
           Wales
           affords
           a
           plain
           Instance
           :
           that
           anciently
           had
           been
           Feudatory
           to
           England
           ,
           and
           afterwards
           conquer'd
           by
           E.
           1.
           that
           which
           is
           called
           
           the
           Statute
           of
           Snodon
           or
           Ruthland
           is
           manifestly
           no
           Act
           of
           an
           English
           Parliament
           ,
           but
           an
           Agreement
           between
           the
           King
           and
           them
           ;
           wherein
           he
           approv'd
           and
           allow'd
           of
           some
           of
           their
           old
           Laws
           ,
           and
           alter'd
           others
           by
           the
           
             Advice
             and
             Consent
             of
             his
             Peers
          
           that
           were
           with
           him
           at
           Snodon
           ;
           which
           being
           in
           Wales
           ,
           't
           is
           not
           likely
           that
           an
           English
           Parliament
           should
           be
           summon'd
           thither
           ;
           nor
           are
           any
           Footsteps
           of
           one
           
           to
           be
           found
           .
           Nay
           ,
           though
           Wales
           was
           afterwards
           by
           Act
           of
           Parliament
           incorporated
           and
           annex'd
           to
           the
           Realm
           of
           England
           ,
           and
           it
           was
           provided
           that
           they
           should
           enjoy
           all
           Rights
           ,
           Laws
           ,
           and
           Liberties
           ,
           
           as
           the
           Subjects
           of
           this
           Realm
           ,
           notwithstanding
           any
           Act
           ,
           Statute
           ,
           or
           Usage
           to
           the
           contrary
           :
           Yet
           it
           has
           been
           held
           ,
           from
           the
           Title
           of
           the
           Act
           ,
           That
           many
           
           Welsh
           Customs
           remain
           ,
           the
           English
           Form
           of
           ministring
           Laws
           and
           Justice
           being
           observed
           .
        
         
           But
           there
           was
           no
           Question
           but
           till
           the
           making
           that
           Act
           ,
           all
           the
           Welsh
           Laws
           and
           Customs
           allowed
           at
           Ruthland
           were
           in
           full
           Force
           .
           And
           this
           ,
           tho
           Wales
           had
           been
           conquered
           at
           the
           Expence
           of
           the
           English
           Nation
           ;
           (
           which
           cannot
           be
           said
           of
           any
           part
           of
           the
           Indies
           )
           and
           is
           by
           the
           Statute
           of
           Ruthland
           declared
           to
           be
           united
           to
           the
           Crown
           of
           England
           ,
           as
           a
           part
           of
           the
           same
           Body
           .
           And
           whatever
           English-man
           went
           to
           inhabit
           in
           Wales
           before
           the
           Act
           of
           Union
           ,
           particularly
           introducing
           the
           English
           
           Laws
           ;
           though
           he
           were
           within
           the
           King's
           Dominions
           ,
           yet
           was
           he
           subject
           to
           the
           Laws
           and
           Customs
           of
           Wales
           .
        
         
           Nay
           farther
           yet
           ,
           W.
           1.
           gave
           Power
           to
           several
           of
           his
           great
           Lords
           to
           conquer
           what
           they
           could
           from
           the
           Welsh
           Nation
           .
           Of
           which
           ,
           to
           use
           the
           Words
           of
           the
           learned
           Judg
           Doderidge
           ;
        
         
           The
           said
           Lordships
           and
           Lands
           so
           conquer'd
           ,
           were
           ordain'd
           Baronies-Marchers
           ,
           and
           had
           a
           kind
           of
           Palatine
           Jurisdiction
           erected
           in
           every
           one
           of
           them
           ,
           and
           Power
           to
           
             administer
             Justice
          
           unto
           their
           Tenants
           in
           every
           of
           their
           Territories
           ;
           having
           therein
           Courts
           with
           divers
           
             Priviledges
             ,
             Franchises
          
           and
           Immunities
           :
           So
           that
           the
           Writs
           of
           ordinary
           Justice
           out
           of
           the
           King's
           Courts
           were
           for
           the
           most
           part
           not
           currant
           among
           them
           .
           Nevertheless
           ,
           if
           the
           whole
           Barony
           had
           come
           in
           Question
           ,
           or
           that
           the
           Strife
           had
           been
           between
           two
           Barons-Marchers
           ,
           touching
           their
           Territories
           or
           Confines
           thereof
           ,
           for
           want
           of
           a
           Superior
           they
           had
           Recourse
           unto
           the
           
             King
             their
             supream
             Lord.
          
           And
           in
           these
           and
           such
           like
           Cases
           where
           their
           own
           Jurisdiction
           failed
           ,
           Justice
           was
           administred
           to
           them
           in
           the
           superior
           Courts
           of
           this
           Realm
           .
        
         
           
           I
           find
           a
           memorable
           Record
           of
           this
           matter
           ,
           9.
           
           E.
           
           1.
           before
           the
           King
           in
           Council
           .
        
         
           Gilbert
           of
           Clare
           ,
           Earl
           of
           Glocester
           ,
           who
           claim'd
           to
           hold
           his
           Lands
           in
           
             Glamorgan
             ,
             sicut
             regale
             quidvis
          
           ,
           as
           any
           thing
           Royal
           ,
           or
           any
           Royalty
           ,
           by
           Order
           of
           the
           King
           was
           required
           to
           answer
           a
           Suit
           or
           Complaint
           against
           him
           .
           
             But
             he
             pleads
             that
             he
             holds
             those
             Lands
             ,
             
               of
               his
               own
               and
               his
               Ancestors
               Conquest
               :
            
             by
             reason
             of
             which
             he
             conceiv'd
             that
             he
             ought
             not
             to
             answer
             any
             one
             for
             any
             matter
             from
             thence
             ,
             without
             the
             Judgment
             of
             his
             Peers
             
             
               of
               England
               ,
               and
               of
               the
               Marches
               of
               Wales
            
             ;
             who
             use
             the
             same
             Liberties
             in
             their
             Welsh
             Lands
             .
             And
             I
             find
             it
             rested
             here
             .
          
        
         
           
           In
           the
           20
           th
           of
           the
           same
           King
           ,
           in
           the
           great
           Case
           between
           the
           Earls
           of
           Glocester
           and
           Hereford
           :
           A
           Jury
           of
           Peers
           and
           others
           being
           summon'd
           ;
           the
           Peers
           not
           only
           refuse
           to
           be
           sworn
           ,
           as
           being
           against
           their
           Priviledg
           ,
           but
           say
           ,
           
             No
             like
             Royal
             Mandat
             ever
             came
             into
             those
             parts
             for
             Causes
             concerning
             the
             Marches
             ,
             to
             be
             tried
             otherwise
             than
             according
             to
             the
             Vsages
             and
             Customs
             of
             those
             parts
             .
          
        
         
           Thus
           it
           appears
           that
           not
           only
           the
           King
           's
           ,
           but
           the
           Subjects
           Conquests
           ,
           enjoyed
           their
           peculiar
           Laws
           and
           Customs
           .
        
         
           As
           I
           know
           not
           that
           I
           ever
           opposed
           any
           
             Royal
             Prerogative
          
           warranted
           by
           Antiquity
           or
           
             immediate
             Necessity
          
           :
           neither
           do
           I
           ,
           that
           I
           have
           here
           advanced
           any
           ,
           not
           so
           warranted
           .
        
         
           But
           if
           both
           Common
           and
           Statute
           Law
           ,
           yield
           such
           Countenance
           as
           I
           have
           shewn
           ,
           for
           the
           King
           's
           prohibiting
           to
           trade
           to
           particular
           Places
           ,
           all
           but
           such
           as
           he
           thinks
           fit
           ,
           upon
           the
           Penalty
           of
           forfeiting
           Ship
           and
           Goods
           ;
           and
           that
           this
           Forfeiture
           may
           be
           taken
           ,
           at
           least
           under
           the
           Admiralty-Jurisdiction
           granted
           to
           the
           Company
           :
           If
           Martial
           Law
           in
           Relation
           to
           Fact
           arising
           beyond
           the
           Seas
           ,
           may
           be
           exercised
           according
           to
           the
           Rules
           of
           the
           Civil
           Law
           ,
           and
           it
           appears
           not
           that
           the
           Company
           have
           gone
           beyond
           those
           Rules
           :
           If
           yet
           farther
           the
           Rights
           and
           Priviledges
           of
           English-men
           may
           receive
           Alteration
           ,
           according
           to
           the
           Place
           to
           which
           they
           come
           ,
           though
           within
           the
           King's
           Dominions
           ;
           then
           to
           punish
           any
           Member
           of
           the
           Company
           ,
           for
           procuring
           or
           acting
           under
           such
           Powers
           as
           have
           been
           complained
           of
           ,
           may
           seem
           very
           hard
           .
        
      
    
     
       
         
         
           APPENDIX
           .
        
         
           A
           Commission
           for
           Martial
           Law
           ,
           granted
           to
           a
           Governor
           chosen
           by
           the
           
             East-India
             Company
             ,
             43
          
           Eliz.
           
        
         
           
             ELIZABETH
             by
             the
             Grace
             of
             God
             ,
             Queen
             of
             
               England
               ,
               France
            
             and
             Ireland
             ,
             Defender
             of
             the
             Faith
             ,
             &c.
             
             To
             our
             Trusty
             and
             well
             beloved
             
               James
               Lancaster
            
             Esq
             ;
             greeting
             .
             Whereas
             divers
             of
             our
             loving
             Subjects
             have
             been
             humble
             Petitioners
             unto
             us
             ,
             for
             our
             Royal
             Assent
             to
             be
             granted
             unto
             them
             ,
             that
             they
             at
             their
             own
             Adventures
             ,
             Costs
             and
             Charges
             ,
             as
             well
             for
             the
             Honour
             of
             this
             our
             Realm
             of
             England
             ,
             as
             for
             the
             Increase
             and
             Advancement
             of
             Trade
             of
             Merchandize
             within
             the
             same
             ,
             might
             Adventure
             and
             set
             forth
             certain
             Voyages
             to
             the
             East-Indies
             ,
             with
             a
             convenient
             Number
             of
             Ships
             and
             Pinnaces
             by
             way
             of
             Trafique
             and
             Merchandizing
             .
             We
             graciously
             inclining
             to
             their
             humble
             Petition
             in
             that
             behalf
             ,
             and
             favouring
             so
             good
             a
             desire
             and
             honourable
             Enterprize
             ,
             have
             been
             pleased
             to
             give
             License
             to
             our
             said
             Subjects
             to
             proceed
             in
             the
             said
             Voyages
             ;
             and
             for
             the
             better
             enabling
             them
             to
             establish
             a
             Trade
             into
             and
             from
             the
             said
             East-Indies
             ,
             have
             by
             our
             Letters-Patents
             ,
             under
             our
             great
             Seal
             of
             England
             ,
             bearing
             Date
             at
             Westminster
             ,
             the
             last
             Day
             of
             December
             last
             past
             ,
             incorporated
             
             our
             said
             Subjects
             by
             the
             Name
             of
             the
             Governor
             and
             Company
             of
             the
             Merchants
             of
             London
             ,
             trading
             into
             the
             East-Indies
             ,
             and
             in
             the
             same
             Letters
             ,
             Patents
             ,
             have
             given
             the
             sole
             Trade
             of
             the
             East-Indies
             for
             the
             Term
             of
             fifteen
             Years
             ,
             with
             divers
             Priviledges
             and
             Immunities
             mentioned
             in
             the
             said
             Letters
             Patents
             ,
             as
             therein
             more
             at
             large
             it
             doth
             and
             may
             appear
             .
             And
             whereas
             by
             Virtue
             of
             our
             said
             License
             and
             Letters-Patents
             ,
             so
             by
             Us
             granted
             to
             them
             ,
             they
             have
             prepared
             and
             furnished
             for
             this
             first
             Voyage
             towards
             the
             East-Indies
             ,
             four
             several
             Ships
             ,
             with
             a
             convenient
             number
             of
             Merchants
             ,
             Mariners
             ,
             and
             other
             our
             said
             Subjects
             ,
             to
             be
             used
             and
             imployed
             in
             the
             said
             Voyage
             ,
             and
             have
             chosen
             you
             the
             said
             
               James
               Lancaster
            
             to
             be
             the
             principal
             Governor
             or
             General
             of
             all
             the
             said
             Merchants
             ,
             Mariners
             ,
             and
             other
             our
             said
             Subjects
             ,
             which
             are
             or
             shall
             be
             shipped
             in
             any
             of
             the
             said
             Ships
             :
             We
             graciously
             favouring
             the
             said
             Enterprize
             ,
             and
             approving
             and
             allowing
             of
             their
             choice
             of
             you
             to
             the
             said
             Government
             ,
             being
             desirous
             to
             furnish
             you
             with
             
               all
               sit
               and
               convenient
               Power
               and
               Authority
               to
               rule
               and
               govern
               all
               and
               every
               our
               Subjects
               imployed
               in
               this
               Voyage
               ,
            
             by
             a
             due
             Obedience
             to
             be
             by
             them
             yielded
             unto
             you
             in
             the
             observing
             and
             executing
             of
             all
             good
             Orders
             and
             Constitutions
             ,
             as
             you
             shall
             think
             convenient
             
               to
               ordain
               and
               appoint
            
             ,
             for
             the
             furtherance
             of
             the
             said
             Voyage
             ,
             to
             the
             Honour
             of
             Us
             and
             our
             Realm
             ,
             and
             for
             the
             Advancement
             of
             the
             said
             Trade
             .
             We
             do
             hereby
             straitly
             charge
             and
             command
             all
             and
             every
             Person
             and
             Persons
             ,
             imployed
             ,
             used
             ,
             or
             shipped
             ,
             or
             who
             shall
             be
             imployed
             ,
             used
             ,
             or
             shipped
             ,
             in
             this
             Voyage
             ,
             in
             the
             said
             four
             Ships
             ,
             or
             any
             of
             them
             ,
             to
             give
             all
             due
             Obedience
             and
             Respect
             unto
             you
             during
             the
             said
             Voyage
             ,
             and
             
             to
             bear
             themselves
             therein
             one
             towards
             another
             ,
             in
             all
             good
             Order
             and
             Quietness
             ,
             for
             avoiding
             any
             occasion
             that
             might
             breed
             Mutiny
             ,
             Quarrels
             or
             Dissention
             amongst
             them
             ,
             to
             the
             Hinderance
             of
             the
             good
             Success
             which
             is
             to
             be
             hoped
             for
             through
             God's
             Providence
             of
             the
             said
             intended
             Voyage
             ,
             and
             in
             Default
             of
             such
             Duty
             and
             Obedience
             ,
             to
             be
             performed
             towards
             you
             ,
             and
             for
             the
             Correction
             and
             quenching
             of
             such
             Mutiny
             ,
             Quarrels
             or
             Dissentions
             that
             shall
             or
             may
             grow
             or
             be
             moved
             by
             the
             Disorder
             ,
             evil
             Dispositions
             ,
             or
             Perverseness
             of
             any
             of
             the
             said
             Persons
             :
             We
             do
             hereby
             authorize
             you
             ,
             to
             chastize
             ,
             correct
             and
             punish
             all
             Offenders
             and
             Transgressors
             in
             that
             behalf
             ,
             according
             to
             the
             Quality
             of
             their
             offences
             ,
             with
             such
             Punishments
             as
             are
             commonly
             used
             in
             all
             our
             Armies
             by
             Sea
             ,
             when
             the
             Offences
             are
             not
             capital
             ;
             and
             for
             
               Capital
               Offences
            
             ,
             as
             wilful
             Murder
             ,
             which
             is
             hateful
             in
             the
             sight
             of
             God
             ,
             or
             notable
             Mutiny
             ,
             which
             is
             an
             Offence
             that
             may
             tend
             to
             the
             Overthrow
             of
             the
             said
             Voyage
             ,
             the
             same
             being
             truly
             and
             justly
             proved
             against
             any
             of
             the
             Person
             or
             Persons
             aforesaid
             ;
          
           We
           do
           hereby
           give
           unto
           
             you
             full
             Power
             and
             Authority
             to
             use
             and
             put
             in
             Execution
             our
             Law
             ,
             called
             Martial
             Law
             ,
             in
             that
             Behalf
             :
          
           and
           these
           our
           Letters
           shall
           be
           your
           sufficient
           Warrant
           and
           Discharge
           for
           the
           doing
           and
           executing
           of
           all
           and
           singular
           the
           Premises
           .
           In
           Witness
           whereof
           we
           have
           caused
           these
           our
           Letters
           to
           be
           made
           Patent
           .
           Witness
           our self
           at
           Westminster
           ,
           the
           24
           th
           Day
           of
           January
           ,
           in
           the
           43
           d.
           Year
           of
           our
           Reign
           .
        
         
           
             HUBERD
             .
          
        
         
           
             
             Another
             of
             the
             same
             Nature
             was
             granted
             by
             J.
             1
             ▪
             in
             the
             ninth
             of
             his
             Reign
             .
          
        
         
           FINIS
           .
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A26167-e110
           
             Introduction
             ▪
             
          
           
             First
             Charge
             .
          
           
             Second
             Charge
             .
          
           
             First
             seizing
             Ships
             and
             Goods
             .
          
           
             False
             Mediums
             formerly
             used
             .
          
           
             Of
             Liberty
             of
             Commerce
             .
          
           
             Vid.
             Justni
             .
             Inst
             .
             de
             rerum
             div
             .
             Lib.
             5.
             
          
           
             ●
             Inst
             .
             fo
             .
             199.
             
          
           
             Vid.
             Hosmanni
             Lexicon
             Tit.
             Com.
             Commers
             .
             vid.
             Justin
             .
             Cod.
             Lib.
             4.
             
             Tit.
             40.
             
          
           
             No
             Monopoly
             .
          
           
             The
             King's
             Power
             to
             prohibit
             Persons
             from
             going
             out
             of
             the
             Kingdom
             not
             restrained
             to
             particular
             Persons
             .
          
           
             N.
             Brev.
             ne
             exeat
             Regum
             .
          
           
             Dyer
             .
             fo
             .
             
               16●
               .
               ●
            
             .
          
           
             5
             R.
             2.
             
             C.
             2
             ▪
             
          
           
             Vid.
             infra
             27.
             
             Ed.
             3.
             
          
           
             Vid.
             Rolls
             Ab.
             Tit.
             Prerog
             .
          
           
             The
             King's
             Power
             in
             erecting
             Societies
             for
             Trade
             and
             restraining
             others
             .
          
           
             21
             Jac.
             1.
             c.
             3.
             
          
           
             12
             H.
             7.
             c.
             6.
             
          
           
             1
             
               Rolls
               f.
            
             4.
             
          
           
             The
             King's
             Power
             in
             Relation
             to
             Staples
             .
          
           
             Vid.
             12.
             
             H.
             7.
             
             Sup.
             
          
           
             Vid.
             21.
             
             E.
             3.
             
             N.
             10.
             22.
             
             E.
             3.
             
             N.
             12
             &
             13.
             3.
             
             H.
             5.
             18
             
             E.
             3
             
               Rot.
               Parl.
               Interpet
               .
               Com.
            
             5.
             
          
           
             Vid.
             infra
             .
          
           
             2
             E.
             3.
             c.
             2.
             
          
           
             47
             E.
             3.
             
             N.
             17.
             
          
           
             50
             E.
             3.
             
          
           
             Clause
             41.
             
             E.
             3.
             n.
             21.
             d.
             Special
             License
             ,
             notwithstanding
             a
             general
             Restraint
             .
          
           
             50
             E.
             3.
             
             N.
             53.
             
          
           
             2
             
               ●●st
               .
               f.
            
             61.
             
          
           
             27
             E.
             3.
             c.
             6.
             
          
           
             The
             Inference
             .
          
           
             The
             King's
             Power
             to
             prohibit
             even
             Staple-Wares
             .
          
           
             Pat.
             3
             E.
             1.
             m.
             22.
             de
             neg●tils
             Mercat
             .
             Fland.
             
          
           
             The
             King's
             Power
             to
             prohibit
             Commodities
             not
             of
             the
             Staple
             .
          
           
             Rot.
             Parl.
             1.
             
             H.
             5.
             
          
           
             18.
             
             H.
             6.
             c.
             3.
             
          
           
             No
             such
             Liberty
             of
             Foreign
             Trade
             at
             Common-Law
             ,
             as
             Men
             fancy
             .
          
           
             V.
             3.
             
             I.
             1.
             c.
             6.
             
          
           
             V.
             2.
             
             H.
             6.
             
               con
               .
               firmed
            
             .
             17
             E.
             4.
             
               made
               perpetual
            
             .
             3
             H.
             7.
             c.
             8.
             altered
             ,
             15.
             
             C.
             2.
             c.
             7.
             
          
           
             40.
             
             Ed.
             3.
             
             N.
             40.
             d.
             Victualia
             .
          
           
             46.
             
             Ed.
             3.
             
             N.
             21.
             d.
             
          
           
             36.
             
             E.
             3.
             
             Rolls
             tit
             .
             Prerog
             .
          
           
             The
             Statutes
             express
             or
             imply
             the
             King's
             Power
             of
             prohibiting
             .
          
           
             Magna
             Charta
             c.
             30.
             
          
           
             Pat.
             50.
             
             H.
             3.
             m.
             20.
             de
             Mercatoribus
             venientibus
             in
             Angl.
             
          
           
             2.
             
             E.
             3.
             c.
             9.
             
          
           
             Vid.
             sup
             .
             p.
             9.
             
          
           
             18.
             
             E.
             3.
             c.
             3.
             
          
           
             18.
             
             E.
             3.
             
             N●
             12.
             
             
               Pet.
               Com.
            
             5.
             
          
           
             27
             E.
             3.
             
          
           
             25
             E.
             3.
             c.
             
               2.
               2
            
             
             R.
             2.
             c.
             1.
             
             Mem.
             in
             Horn.
             &
             Jvy's
             c.
             1.
             
             Synderf
             .
             fo
             .
             441.
             
             It
             is
             held
             by
             some
             that
             at
             Common
             Law
             the
             King
             might
             prohibit
             the
             importing
             of
             Goods
             :
             And
             if
             it
             be
             done
             contrary
             to
             the
             Prohibition
             ,
             the
             Ship
             which
             carries
             them
             shall
             be
             forfeited
             .
             But
             this
             is
             falsly
             supposed
             to
             be
             altred
             by
             these
             two
             Statutes
             .
          
           
             15
             Car.
             2.
             c.
             7.
             
          
           
             The
             Act
             for
             the
             encouraging
             Navigation
             ,
             12
             Car.
             2.
             c.
             18.
             
          
           
             The
             King's
             Power
             of
             prohibiting
             upon
             Pain
             of
             Forfeiture
             .
          
           
             41
             E.
             3.
             m.
             21.
             dorso
             .
          
           
             2
             E.
             3.
             c.
             9.
             
          
           
             27
             E.
             3.
             c.
             27.
             
          
           
             Vid.
             2
             E.
             3.
             f.
             26.
             
          
           
             Vid.
             s
             .
             26.
             b.
             
          
           
             40
             E.
             3.
             
             N.
             40.
             d.
             
          
           
             So.
             46
             E.
             3.
             
             N.
             21.
             d.
             
          
           
             Clause
             3
             E.
             1.
             
             N.
             7.
             
          
           
             The
             King
             having
             Power
             to
             prohibit
             ,
             the
             Forseitures
             incurred
             by
             the
             Marine
             Laws
             ,
             take
             place
             .
          
           
             Hoveden
             f.
             666.
             
          
           
             Vid.
             Crook
             Car.
             s
             .
             216.
             ib.
             s
             .
             438.
             
          
           
             9
             H.
             4.
             
             N.
             63.
             
             Ld.
             Admiral
             tient
             ses
             Courts
             sur
             mer
             ou
             costs
             de
             mere
             etnemi
             deins
             franchise
             ne
             vill
             .
          
           
             Pryn's
             Animad
             .
             on
             the
             4th
             Inst
             .
          
           
             Rot.
             Pat.
             31.
             
             E.
             1.
             no.
             16.
             
          
           
             Selden's
             Mare
             Clausum
             .
          
           
             Pat.
             4.
             
             H.
             6.
             
          
           
             13.
             
             E.
             4.
             so
             .
             9.
             b.
             
          
           
             Mare
             Claus
             .
             f.
             254.
             
          
           
             Pryn.
             upon
             the
             4th
             ,
             Inst
             .
             fo
             .
             81.
             
             Rot.
             Parl.
             4
             .
             th
             4.
             
             N.
             
               47.
               49
            
             ,
             H.
             
               3.
               27.
            
             d.
             
          
           
             Laws
             of
             Oleron
             ,
             c.
             47.
             
          
           
             Zouch
             de
             jure
             Maritimo
             ,
             p.
             20
             .
             ●i
             res
             illicitae
             in
             navem
             positae
             sunt
             ,
             Navis
             fisco
             vindicatur
             .
          
           
             *
             Just
             .
             Cod.
             Lib.
             4
             .
             ●it
             .
             40.
             
             Comparandi
             serict
             a
             Barbaris
             facultatem
             omnibus
             ,
             sicut
             jam
             praeceptum
             est
             praeter
             Comitem
             Commerciorum
             etiamnum
             jubemus
             auferri
             .
             N.
             All
             that
             were
             not
             of
             the
             Roman
             Empire
             or
             Grecians
             ,
             were
             counted
             Barbarians
             .
             So
             Foreign
             Trade
             ,
             or
             Trade
             with
             Foreigners
             prohibited
             .
          
           
             †
             Codex
             .
             Lib.
             4.
             
             Tit.
             63.
             n.
             4.
             
             Mercatores
             tam
             imperio
             nostro
             quam
             Persarum
             Regi
             Subjectos
             ,
             ultra
             ea
             loca
             in
             quibus
             faederis
             tempore
             cum
             memoratâ
             Natione
             nobis
             convenit
             nundinas
             exercere
             minime
             oportet
             ,
             sciente
             utroque
             qui
             contrahit
             ,
             species
             quae
             preter
             haec
             loca
             fuerint
             venundatae
             vel
             comparatae
             sacro
             aerario
             vindicandas
             ,
             et
             praeter
             earum
             rerum
             et
             pretii
             amissionem
             quod
             fuerit
             numeratum
             vel
             commutatum
             ,
             exilii
             se
             paenae
             sempifernae
             subdendum
             .
          
           
             ‖
             Ib.
             n.
             6.
             
             Si
             qui
             inditas
             nomination
             vetustis
             legibus
             civitates
             transgredientes
             ,
             ipst
             vel
             pereginos
             Negotiatores
             sine
             Comite
             Commerciorum
             suscipientes
             fuerint
             deprehensi
             ,
             nec
             proscriptionem
             bonorum
             nec
             paenamperennis
             exilii
             ulterius
             evadent
             .
          
           
             1
             Syders
             .
             f.
             441.
             
          
           
             Second
             Charge
             of
             Power
             over
             Life
             .
          
           
             Charter
             fo
             .
             121.
             
          
           
             13
             R.
             2.
             
             Stat.
             1.
             c.
             2.
             
          
           
             18.
             
             E.
             2.
             f.
             613.
             
             Al
             fet
             set
             hors
             de
             jurisdiction
             de
             c●inz
             ou
             hors
             de
             realm
             si
             come
             a
             Paris
             ou
             aillours
             oustre
             mier
             jeo
             ne
             deit
             respond
             .
          
           
             Vid.
             the
             Comis
             .
             to
             Earl
             
               Rivers
               ,
               7.
            
             
             E.
             4.
             
          
           
             Ab
             antiquo
             ,
             Viz.
             tempore
             dicti
             Domini
             Gulielmi
             Conquestoris
             Progenitoris
             nostri
             seu●
             aliquo
             tempore
             citra
             ,
             &c.
             summarie
             et
             de
             plano
             et
             sine
             strepitu
             et
             sigura
             judicii
             .
          
           
             Vid.
             Spelman
             Glos
             .
             tit
             .
             Constab
             .
             37
             H.
             6.
             f.
             20.
             h.
             
          
           
             4
             
               Instit
               .
               s
            
             .
             124.
             
          
           
             Petition
             of
             Right
             ,
             3
             Car.
             1.
             
          
           
             Vid.
             Rush
             .
             Hist
             .
             Col.
             Append.
             f.
             77.
             
          
           
             Vid
             Append.
             
          
           
             Object
             .
          
           
             Answ
             .
             1.
             
          
           
             Vid.
             Crook
             .
             Jac.
             s
             .
             495.
             
             No
             Treason
             can
             be
             pardon'd
             but
             by
             express
             Words
             mentioning
             it
             .
          
           
             N.
             They
             were
             not
             discharged
             from
             this
             till
             afterwards
             .
          
           
             Object
             .
             2.
             
          
           
             Necessitas
             est
             Lex
             temporis
             scilicet
             instantis
             .
             Hobart
             .
          
           
             The
             Obection
             from
             the
             Consideration
             of
             being
             English-Men
             ,
             answered
             .
          
           
             N.
             Anno
             1667.
             
             Vpon
             a
             Referenc●
             to
             the
             Judges
             by
             the
             House
             of
             Lords
             concerning
             the
             Canary
             Trade
             ,
             they
             declared
             ,
             that
             though
             the
             Canaries
             were
             the
             Dominion
             of
             the
             King
             of
             Spain
             ,
             they
             were
             no
             part
             of
             the
             Dominion
             of
             Spain
             .
          
           
             Vid.
             Stat.
             of
             
               Ruthland
               ,
               12.
            
             
             E.
             1.
             
             Practi●●
             Walli●
             .
          
           
             Vid.
             Vaughan
             of
             Process
             into
             Wales
             .
             f.
             444.
             
          
           
             N.
             The
             Title
             in
             Keebles
             Collection
             is
             wrong
             .
          
           
             Vid.
             Dyer
             363.
             b.
             
          
           
             M.
             9.
             
             E.
             1.
             
          
           
             Coram
             Domino
             Rege
             Rot.
             35.
             
             Gilbertus
             de
             Clare
             Comes
             Glouc.
             qui
             clamat
             tenere
             terras
             suas
             in
             Glamorgan
             ficut
             regale
             quidvis
             ,
             &c.
             
          
           
             Placita
             Parl.
             20.
             
             E.
             f.
             77.
             
          
        
         
           Notes for div A26167-e11730
           
             Vid.
             Commission
             6.
             
             Jan.
             9.
             
             Jac.
             1.