Carthaginians and again rendred upon request the Hollanders in the heat of the War between the Sweden and Polland never suffer'd themselves to be interdicted with either Nation the same State when they had War with Spain they intercepted the French Ships passing to or for Spain but restor'd them And Pompey in the History of the Mitridatie War set a Guard on the Bosphorus to observe if any Merchant sailed in thither whosoever did and was taken was surely put to death so Demetrius when he possessed Attica with his Army having blockt up Athens hang'd up both the Master and Commander of a Ship who attempted to bring in Corn the Hollanders having blockt up Dunkirk some English Merchants Ships did attempt to enter but were deny'd by the Hollanders Most certain if a Neuter Nation hath had notice of the War and caution given them as is usual not to supply the Enemy with counterband Goods as they call them if such be the case the prize is become absolute the Captors So Queen Elizabeth did when she seized on the 60 Sail of the Hansiatique Towns who were carrying of Goods ropas contrabanda to the Spaniard her Enemy she condemned them and made them absolute prize for as neuters are not compellable by the rigour of War to give any thing against their will so must they not against the will of each Party afford such things as may dammage one another for Persons or Nations having had notice of the War which is done and caution given sometimes by Proclamation or some other publick Edict signifying the right of their cause shall afterwards gather to and assist the Enemy whether associates neuters or Subjects the same yeilds a right so far as to them not only to the charge and dammage that may fall thereby by making them prize but may make them obnoxious to punishment For it is the duty of those that abstain from War to do nothing for the strengthning of him who maintains a bad cause whereby the motions of him that wageth a just War may be retarded and where the cause is doubtful they ought to shew themselves equall to both permitting passage Baking Dressing and affording provision for each Army or Navy L. Aemilius Praetor accused the Tejans for victualling the Enemy's Navy promising them Wine adding that unless they would do the like for the Navy of the Romans he would account them as Enemies but common experience hath taught Nations and Kingdoms when they declare a Neutrality to make provision by way of League with both the Nations at War that when it should happen the Armies of both or any draw towards their Territories it might be lawful for them to exhibite the Common offices of humanity to both The Venetians having so far prevail'd against the Turk in the Island of Candia that they held the City of Canea straightly besieg'd by Sea and Land whereby they had reduc'd it to great extremities it happened at that time to ride about 7 stout Merchant Men in the Port at Smirna the General of the Venetians being jealous of their joyning with the Turkish Armado desired to know their minds who answer'd they would prove neuter in the dispute but afterwards though at first the Captains all refused upon the threatning of the Grand-Seignior to lay an Embargoe on all the Goods of the English Nation in his Dominion and to make slaves of their Persons those Captains were forced to joyn with the Turkish Forces who beat the Venetians from before Canea and so reliev'd it the Venetians Embassador complain'd to the then Powers in England but could have no relief being answer'd that those Ships in the Turks power were Subject to it CHAP. II. Of Letters of Marque and Reprizal I. Of Reprizals generally considered and for what II. That Reprizals are unlawful by the Laws of Nature and the Romans III. That the same by the Laws of Nations are now become lawful IV. The advantage that accrues by the same V. The causes that requires the same VI. Of the things necessarily requisite for the observing them VII Reprizals ordinary and extraordinary according to the Laws of England VIII Of the Interest of Princes of granting them and Letters of Request IX The difference of injustice offer'd to Subjects and Forraigners when and where the one is concluded and not the other X. What is meant by denying of right and doing of injustice and where Reprizals take rooting and where not XI Of Reprizals awarded in cases ordinary XII Of Reprizals issuing forth in cases extraordinary XIII Of Letters of Request precedent allotting a time certain for satisfaction XIV Domicil not origination subject to Reprize XV. Reprizal not granted if the spoil was occasioned by War XVI Of Persons exempt from Reprizal by the Laws of Nations Canon and Civil Law XVII Where Ships or Goods are subject to Reprize and where not XVIII When right deny'd whether life is engag'd and whether Persons refusing to yeild may be slain XIX Goods taken by Reprize where the Property is altered and where otherwise XX. Where many Ships are present and one becomes Captor whether the spoil must be divided or remain his that became Master XXI Of the Captors duties afâ—…ter a Prize taken and its exemption from Custom XXII Restitution when to be made after the debt satisfy'd XXIII Contribution whether it can be by the Laws of England to him whose Goods are taken by Reprize XXIV Commissions awarded for the enquiring of depredations under which the Parties may probaably obtain recompence I. REprizals known to us by the word of Represalie or Leters of Marque in Law have other appellations as Pignoratio Clarigatio and Androlepsia c. In imitation of that Androlepsia among the Greeks to seize the three next Citizens of that Place whether the murderer had fled and was always given to him who required revenge of the offender the word Reprisals is from the French reprendre and reprise i. e. resumptio that is to re-take or take again one thing for another like our Saxon Withernam Though the Art is now become lawful by the Law indeed the consent of Nations yet it must have its Standard mark for the same cannot be done by any private authority but only by the power of that Prince or Republique whose Subject the injur'd Person is nor is the same grantable by authority but where the Party injur'd has Justice deny'd him or the same illegally delay'd II. By the Law of Nature no Man is bound for anothers Act but only the successor of his Estate for that Goods and Estate should pass with their Burdens was introduc'd together with the Dominion of things hence it is that the Son cannot be molested for the debt of his Father neither the Wife for the debt of the Husband nor the Husband for the debt of the Wife the same being against natural equity that one should be troubled for the debt of another So it is
wanting in thoughts to promote and incite the Professors of the Law raising and stirring up their Genius to the advancement of the Law in this point and though I believe many have wish't that such a thing might be yet none that I can find have ever yet attempted the same nor is it possible unless those things which are by Law constituted and known be rightly separated from those that are natural for natural Law is immutable and alwayes the same therefore may easily be collected into Art But things that come from Constitution because they often vary and change and are divers in divers places are put without art as other precepts of Laws positive or municipal hence it was that the Constitutions and Laws of Rhodes for their Justice and Equity got footing amongst the Romans as well as amongst other the bordering People on the Mediterranean Rhodiorum usque rerum memoriam disciplinae Navalis et gloria remansit yet when they as well as the Romans became subject to fate they then remained onely as Examples of Justice and Reason for others to imitate and follow An obsequious Adorer of which was the great Justinian who caused them to be inserted into the Civil Law and though they obtained a place amongst others of the Ancient Romans as well as the Modern yet have they not all received by custome a force as may make them Laws but remain onely as they have the Authority in shew of reason which binds not always alike but varies according to circumstance of time place state age and what other conveniences or inconvenience meets with it nor have those Laws instituted at Oleron obtained any other or greater force then those of Rhodes or Imperial considered onely from the reason the which are not become Lawes by any particular Custome or Constitution but onely esteemed and valued by the reasons found in them and applyed to the case emergent T is true That in Rome and some other parts of Italy and Germany and the Kingdom of Portugal in all those cases wherein the municipal Ordinances of those Countries have failed in providing the Imperial Laws if the case be such as that it non Tragua peccado or be not spiritual is there made of force but there is no other Nation State or Republique can be named where any part of the body of those Imperial Lawes hath obtained the just force of a Law otherwise then as Custome hath particularly induced it and where no such settled Custom hath made it a Law there it hath force onely according to the strength of reason and circumstance joyned with it or as it shews the Opinion and Judgment of them that made it but not at all as if it had any commanding power of obedience that is valet pro ratione non pro inducto jure pro ratione quantum Reges Dinastae et Republicae intra potestatis suae fynes valere patiuntur And for Spain it is observed Hispani Duplex habent Jus solum Canonicum scilicet et Regium Civile enim meaning the Imperial Lawes non habet vim Leges sed rationes And since this Kingdom as well as most others being free from all subjection to the Empire having constituted or known Laws of their own exclude all Imperial power and Law otherwise then as Custome hath variously made some admission I applyed my self to the Collection of such matters according to my inconsiderable Judgment as are either constituted by the Supream Authority of the Three Estates or that which hath in some measure obtained by continued Custome the force of Law in reference to matters Maritime and of Commerce as well in cases publique as private By the first part of which I thought it necessary since Nature by Traffique hath made us all Kinsmen to consider and examine upon what Grounds and in what manner Commerce was first procured and established which is by the Lawes of Leagues Embassies and the like which is a thing fit to be known so likewise of what may interrupt the same and likewise of those perpetual Rights that are between those that have any reference to Sea-faring causes in matters Civil In the prosecution of this Work I have taken care to refer those things which pertain to the Lawes of Nature unto Notions so certain that no man without offering of violence to himself may deny them and to ascertain the truth of such I have used the Testimonies of such authority as in my weak Judgment are of Credit to evince the same and as to that Law which we call the Law of Will or Common consent or the Law of Nations for that which cannot by sure consequence be deduced out of sure principals and yet appears every where observed must needs have its rise from free will and consent which is that which is called the Law of Nations both which as much as possible hath been endeavoured to be kept asunder where the matter hath required it And for the Civil Law I have ascertained the several Authorities which I have made use of that is of the Romans into three sorts the Pandects the Code of Theodosius and Justinian the Novel Constitutions and these most excellent Juris consults that have by their profoundness of Judgment illustrated the obscure paths of the same Law the third those most excellent persons who joyned Policy to Law as Grotius Raleigh Selden and the like Of other Pieces that of Shardius entituled Leges Navales Rhodiorum et selectae Rhodiorum Petrus Pekius the Zealander Locinius Vinius that of Oleron Collected by Garasias alias Ferrand and Cleriack As to those matters that have passed the Pikes at the Common Law I have as carefully as possible referred to their several Authorities In the whole Work I have no where meddled with the Admiralty or its Jurisdiction knowing well that it would have been impertinent and sawey in me to enter into the debate of Imperium merum Imperium mixtum Jurisdictio simplex and the like and of the bounding out of Jurisdictions which in effect tends to question the Government and tripp up the Power that gives Lawes and Protection to us since all that can be said as well on the one side as the other hath been so fully and Learnedly handled and Treated of by several Worthy Persons that have indeed said all that can be said but more especially in that Famous Dispute not long since before His Sacred Majesty in Council where all the most Elaborate and Ingenious Reasons that could be drawn by the Skill of a Learned Civilian were there asserted in vindicating the Admiralties Jurisdiction by the Judge of the same Sir Lionel Jenkins in answer of whom was produced that Great Good Man the Lord Chief Justice Hale who as well by Law positive as other his great Reasons soon put a period to that Question and layd that asleep which during his dayes it may modestly be presumed will hardly if ever be awakened He that hath never so
made of the Danes Goods in his Ship the Dane afterwards coming into England and having intelligence of the matter prosecutedthe Fisherman in the Admiralty and although Ignoramus was found yet they there detained him upon which a Habeas corpus was prayed but denyed by My Lord Coke Chief Justice for no other reason but because the truth of the matter was opened which gave the Court cause to supect him of Pyracy otherwise if he had moved barely upon the Ignoramus found quod nota Pasch. 13 Jac. in B. R. the King vers Marsh Bulstrod 3. part fo 27. CHAP. V. The Right of the Flagg as to the acknowledging the Dominion of the British Seas I. Considerations general as in reference to the same II. Whether Princes may have an exclusive property in the Sea III. That such an exclusive Dominion may be and proved IV. Of the Sea whether capable of Division as the Land general V. Considerations general as in reference to Maritime Cities touching Sea Dominion VI. Of the Sea by reason of its instability whether capable of subjection VI. Of the Dominion of the British Sea asserted long before and ever since the Conquest of this Isle by the Romanes VIII The duty of the Flagg but a consecutive acknowledgement of that right and of the Ordinance of Hastings declaring that Customary obeysance IX Considerations had on some Treaties in reference to the asserting the duty of the Flagg X. Of the extent how far that duty is required and payable XI Of the duty of the Flagg not a bare Honourary salute but a Right XIII Of the importance and value of the same as well in Nations Forraign as in England XIII Of the duty of the Flagg not regarded as a civility but commanded as a duty XIV Of the importance of that acknowledgement I. AFter the Writings of the Illustrious Selden certainly it 's impossible to find any Prince or Republique or single Person indued with reason or sence that doubts the Dominion of the British Sea to be intirely subject to that Imperial Diadem or the duty or right of the Flagg which indeed is but a consecutive acknowledgment of that antient Superiority yet there has not been wanting some who though they have not questioned the former have highly disputed the latter But there are some fatal periods amongst our Northern Regions when the Inhabitants do become so brutal and prejudicate that no obligation of Reason Prudence Conscience or Religion-can prevail over their passions especially if they become the devoted mercinaries of an implacable Faction in opposition to all that can be called either just or honourable we need not reap up the carriage of that late insolent Son of a Tallow Chandler whose deportments made him no less insupportable at Home then he was amongst Forreign Princes the testimonies of his greatest parts and abilities being no other then monuments of his malice and hatred to this Nation and records of his own folly But Princes are not to be wrangled out of their antient Rights and Regalities by the subtil argument of Wit and Sophistry nor are they to be supplanted or overthrown by malice or Arms so long as God and Good Men will assist in which His Sacred Majesty did not want when he asserted his Right with the Blood and lives of so many thousands that fell in the dispute II. That Princes may have an exclusive property in the Soveraignty of the several parts of the Sea and in the passage Fishing and shores is so evidently true by way of fact as no Man that is not desperatly impudent can deny it the considerations of the general practise in all Maritime Countries the necessity of Order in mutual Commerce and the Safety of Mens persons Goods and lives hath taught even the most Barbarous Nations to know by the Light of Human reason that Laws are as equally necessary for the Government and preservation of the Sea as those that negotiate and trade on the firm Land and that to make Laws and to give them the Life of Execution must of necessity require a Supream Authority for to leave every part of the Sea and shores to an Arbitrary and promiscuous use with a correcting and securing power in case of wrong or danger is to make Men with the like condition of the Fishes where the greater devour and swallow the less And though the Sea is as a High-way and common to all yet it is as other High-waies by Lands or great Rivers are which though Common and Free are not to be usurped by private Persons to their own entire service but remain to the use of every one not that their Freedom is such as that they should be without protection or Government of some Prince or Republique but rather not exclude the same for the true Ensign of liberty and freedom is protection from those that maintain it in liberty IV. And as the Sea is capable of protection and Government so is the same no less then the Land subject to be divided amongst Men and appropriated to Cities and Potentats which long since was ordained of God as a thing most natural whence it was that Aristotle when he said That unto Maritime Cities the Sea is the Territory because from thence they take their sustenance and defence a thing which cannot be unless part of it might be appropriated in the like manner as the Land is which is divided betwixt Cities and Governments not by equal parts or according to their greatness but according as they are able to Rule Govern and defend them Berne is not the greatest City of Switzerland yet he hath as large Territory as all the rest of the twelve Cantons put togetether The Cities of Noremberg and Genoa are very rich and great yet their Territories hardly exceed their Walls and Venice the Mistress and Queen of the Mediterranian was known for many years to be without any manner of possession in the firme Land V. Again on the Sea certain Cities of great force have possessed large quantities thereof others of little force have been contented with the next Waters Neitheir are there wanting examples of such notwithstanding they are Maritime yet having fertile Lands lying on the back of them have been contented therewith without ever attempting to gain any Sea Dominion others who being awed by by their more mighty Neighbours have been constrained to forbear any such attempt for which two causes a City or Republique though it be Maritime yet it may remain without any possession of the Sea God hath instituted Principalities for the maintenance of Justice to the benefit of Mankind which is necessary to be executed as well by Sea as by Land Saint Paul saith that for this cause there were due to Princes Customs and Contributions It would be a great absurdity to praise the well Government and defence of the Land and to condemn that of the Sea nor doth it follow because of the vastness of the Sea that it is
pursuit and those of them flying nor ought such either through cowardize negligence or disaffection forbear the assisting of a known friend in view to their utmost power the breach of which subjects the offenders to the pains of death or at least such punishment as a Court Marshall shall think fit Empires are got by Arms and propagated by victory and by the Laws of War they that have overcome should govern those they have subdued Hence it is that Generalls having compleated a Conquest in a just War and in chase or otherwise have taken the Ships or Goods of the Enemy have absolute power over the Lives Estates Ships and things that they by force of Arms hath acquired by the Laws of Nations But yet in such Conquests where the reeking sword knows no Law that is they are done impune without punishment because co-active Judges do grant them their authority but yet such power may be exorbitant from that rule of right called Virtue and therefore by the Law of War Captives may be slain yet what Law forbids not modesty prohibits to be done Hence it is that Generals do often restrain that power of killing for though such Prisoners of War do fight for the maintenance of an unjust cause and although the War is begun by a solemn manner yet all acts that have their rise from thence are unjust by internal injustice so that they who knowingly do persist in fighting yet ought they not alwaies to be slain according to that of Seneca Cruel are they saies he that have cause of punishment but have no measure For he that in punishing goes further then is meet is the second author of injury and the principal reason why mercy is often shew'd is for that Souldiers of fortune offend not out of any hatred or cruelty but out of duty XVIII Again Generals in the measure of killing look no further commonly then the distruction of those who by force of Arms oppose them and though Ships or Cities are taken by assault the which by the Laws of War subjects every individual to the mercy of the Conqueror yet Children Women Old Men Priests Schollars and Husband-Men are to be spaired the first by the Law of Nature according that of Camillus We have Armes saies he not against that age which even in taking Cities is spaired but againâ—…t armed Men and this is the Law of Arms amongst good Men by which we are to note that by the words good Men as is observed to mean the Law of Nature for strictly by the Law of Armes the slayers of them are without punishment Now that which hath place in Children alwaies that have not attained the use of Reason for the most part prevails with Women that is unless they have committed something peculiarly to be avenged or do usurp Manly Offices as flinging of stones from the Walls pouring down burning pitch and brim-stone and the like be-tuminous stuff firing of Guns and the like for it is a Sex that hath nothing to do with the Sword that are capable of that clemency The like for old Men whom Papinius observes are not to be slain so for Ministers of Sacred things even Barbarous Nations have had them in reverence and preservation as the Philistins enemies of the Jews did to the Colledge of Prophets whom they did no harm and with those Priests are justly equalled in this respect they that have chosen a like kind of life as Monks and Penitents whom therefore as well as Priests the Canons following in naturall equity will have spared to these are deservedly added those that give themselves to the Study of good Learning and Sciences useful to Mankind be it in Universities or other publique Schools or Colledges To these are added Tradesmen so likewise Merchants which is not only to be understood of them that stay for a time in the Enemies Quarters but of perpetual Subjects for their life hath nothing to do with Arms and under that name are also contained other Work-Men and Artificers whose gain loves not War but Peace Again Captives and they that yield are not to be slain for to spare such is a Command of goodness and equity sayeth Seneca nor are Hostages to be destroy'd according to that of Scipio who said He would not shew his displeasure on harmless Hostages but upon those that had revolted and that he would not take revenge of the unarmed but the armed Enemy 't is very true by the Law of Arms if the Contract be broke for which they became Hostage they may be slain that is the slayer is without punishment but yet some conceive the slayer is not without sin for that no such Contract can take away any Man's life that is I suppose an Innocents life but without controversie if those that become Hostage be or were before in the number of grevious delinquents or if afterwards he hath broken his Faith given by him in a great matter the punishment of such may be free from injury XIX Where offences are of that nature as they may seem worthy of death as mutiny and the like c. it will be a point of mercy because of the multitude of them to remit extream right according to that of Seneca The severity of a General shews it self against particulars but pardon is necessary where the whole Army is revolting what takes away anger from a wise Man the multitude of Transgressors Hence it was that casting of Lots was introduced that too many might not be subjected to punishment However all Nations have generally made it a standing Rule in the punishment of Mutineers as neer as possible to hunt out the authors and them make examples of And therefore by the 15 Article if any Man at any time when Service or Action is commanded shall presume to stop or put backwards or discourage the said Service and Action by pretencee of arrears of wages or upon any pretence of wages whatsoever they are to suffer death and indeed the same ought to be without mercy by how much the more they may raise a mutiny at a time when there is nothing expected but Action and the shewing the most obsequious duty that possibly may be the breach of which may occasion the dammage of the whole Fleet and being of such dangerous consequence ought severely to be punished So likewise the uttering of any words of Sedition or Mutiny or the endeavouring to make any mutinous Assemblies upon any pretence whatsoever is made death And the very concealors of any trayterous and mutinous practises designs or words or any words spoken by any to the prejudice of His Majesty or Government or any words practises or designs tending to the hinderance of the Service and shall not reveal them subject them to such pains and punishments as a Court Marshal shall think fit And whereas in no case of the offences committed
Plate Jewels or the like in a Trunk Chest Pack or Bale at the time of their Ejection if there be a super Cargoe he ought to give notice by discovering of the same to the Master or Marriners otherwise he shall be answered in the Contribution no more then the bare extrinsick value appeared to be but the Assurors will hardly fare so well If Contribution shall be setled and the Merchant will not agree the Master may detain the Lading for the same is as tacitly obliged to answer that as the Freight And if at the Common Law the Merchant should bring an Action the Defendant shall barr him by pleading the special matter If Goods are cast overboard and afterwards are recovered Contribution ceases saving for so much as they are damnified and made worse by reason of such Ejectment Note Goods cast overboard to lighten the ship make no derelict And though such necessity seems to subject the Lading to Ejectment to prevent the ruine and destruction of the persons yet some Lading seems excepted and therefore Canon and other Instruments or Provisions consigned to relieve a City ought not to be flung over-board for in such case the Law imposeth on every subject that he prefer the urgent Service of his Prince before the safety of his life CHAP. VII Of Pollicies of Assurance I. Assurances by whom first introduced II. Assurances the nature of them III. How esteemed of by Law IV. The various wayes of Ensureing and on what V. Assurance when esteemed most dangerous and of fraudulent Pollicies VI. Of the Receipt of Preimio and the custome of abatement on losses VII Pollicies that now ensure against all the Accidents of Heaven and Earth VIII A Ship Ensured generally whether the same includes the Cargoe and whether it is necessary in the Pollicy to mention the particular Goods IX If the Master is discharged of the damage whether the Ensurer may be made lyable X. A Ship Ensured from a Port and she is burnt before her departure whether the Assurers are made lyable XI Goods Ensured in one Ship are afterwards in the Voyage put into another the second miscarries whether the Assurors are made lyable XII A man Ensures more than the value of the Cargo the Custome in such case XIII A Ship is Ensured from one Port to another and there to be landed the Cargoe after arrival is sold and before landing is burnt whether the Assurors shall be made answerable XIV A Ship Ensured from one Port to blanck being in time of Warr taken whether the Assurors shall answer XV. Of the Ensureds renouncing after a loss and what operation the same has by Custome XVI Of the Office erected by the Statute of 43 Eliz. what power of the Jurisdictions claymed by those at Common Law and the Admiralty XVII What power and authority was given by the Statute of 43 Eliz. to that Court XVIII What things it was deficient in and holpen by the Statute of 14 Car. 3. cap. 23. and of their authority and power general at this day XIX Of the advantageâ—… that seem to accrew to publique Assurances different from privatâ—… ones IT is conceived by Suetonius that Claudius Caesar was the first that brought in this Custome of Assurance by which the Danger and Adventure of Voyages is divided repaired and born by many persons who for a certain sum by the Spaniard called Premio assure Ship or Goods or both or a proportion according as the Pollicy is II. Assurances are either publique or private Publique when they are made and entred in a certain Office or Court commonly called the Office of Assurance in the Royal Exchange in London and the same are called publique for that it is free for any man to resort and see what another hath assured upon his Adventure Private is when an Assurance is made but the Ensured keeps the same secret not deeming it fit that any should see or know their Cargoe or Adventure or what Premio they have given or assurance they have made and the same being never entred in the Office is known by the name of a Private Assurance III. By the Common Law they are both of the same validity as in reference to obtain Satisfaction from the Ensurors if loss or damage should happen to the Adventure But by the proceedings erected by Statute of 43 Eliz. Cap. 12. onely those that are entred in the Office of that Court can be sued or determined there IV. Assurances are of various sorts some being to places certain others general those that are made to places certain are commonly upon Goods laden or to be laden aboard outward and untill the same Adventure shall be laid ashoare at such a Port. Or upon Goods laden or to be laden homeward in such a Ship till the Adventure shall likewise be landed Or else upon Goods out and in with liberty to touch at such Ports as are mentioned in the Pollicy So likewise on Ships that go Trading Voyages as Round to Cales and that it shall be lawful after the Ships delivery there to take in at the same Port another Cargoe and with that proceed to the West-Indies or other parts and back again to Cales and from thence to London this Pollicy being general and dangerous procures seldome subscriptions As Goods and Merchandize are commonly Ensured so likewise are the Ships Tackle and Furniture but in regard there seldome happens a Voyage but somewhat is missing or lost the Premio commonly runs higher then for Merchandize Assurances may be made on Goods sent by land so likewise on Hoyes and the like V. Those Assurances are most dangerous when there are these words inserted lost or not lost which is commonly done when a Ship hath been long missing and no tydings can be had the Premio especially in time of Warr will run very high sometimes 30 or 40 per Cent ' and though it happens at the time that the subscription is made the ship is cast away yet the Assurers must answer But if the party that caused the Assurance to be made saw the Ship wreckt or had certain intelligence such subscription will not oblige the same being accounted a meer fraud So likewise if the Assured having a rotten Vessel shall assure upon the same more then she is worth and afterwards give order that going out of the Port she should be sunk or wreckt this will be fraudulent and not oblige the Assurors to answer VI. Few or scarce any Ensure the whole Ship but the Subscriptions being for Sums certain as 50 l. or 500 l. at the Premio then current which when the Adventure is born they receive but if a loss happens the Premio is deducted together with the usual abatemate so that the Ensured receive much about 80 per Cent. if a loss happens VII The Pollicyes now adayes are so large that almost all those curious Questions that former Ages and the Civilians according to
money is not then paid together with the Rechange and Charges of the party the party may recover the same on the Principal or Security XXV Beyond the Seas the protest under the Notary's hand is sufficient to shew in Court without producing the very Bill it self But if a Bill in England be accepted and a special Action grounded on the Custome be brought against the Acceptor at the Tryal the party Plaintiff must produce the Bill accepted and not the Protest otherwise he will fail in his Action at that time Therefore it is safe that a Bill once accepted be kept and onely a Protest for non-payment be remitted but a Bill protested for not acceptance must be remitted XXVI If a Bill is lest with a Merchant to accept and he loses the Bill or at least it is so mis-lade that it cannot be found if the party shall request the Merchant to give him a Note for the payment according to the time limited in the Bill of Exchange Otherwise there must be two Protests one for not acceptance the other for non-payment but if a Note is given for payment if there happens to be a failer yet in that case there must be Protest for non-payment XXVII A Bill is remitted to J. S. who owes moneys to J. D J. S. delivers the Bill to J. D and on the back-side subscribes his name if J. D. receives the moneys he may fill up the blanck as if the moneys had been actually paid to J. S This is practised amongst Merchants and by them reputed firm and good But certainly the Common Law looks upon this filling up of Blanks after a man hath once signed or sealed to be no better then a harmless forgery Note No person be it Wife or Servant can accept of a Bill of Exchange to bind the Master without a lawful authority as a Letter of Attorney and the like which must be under-hand unless that it has been formerly and usually done by the Wife or Servant in such case when the Master hath been out of Town who hath approved of the same and answer'd payment it must be usually done but one Partner may for another A Servant of Sir Robert Clayton and Mr. Alderman Morris but at that time actually gone from them took up 200 Guineys of Mr. Monck a Goldsmith without any authority of his Masters but Monck did not know that he was gone the Moneys not being paid Monck brought an Action against Sir Robert Clayton and Morris and at Guild-Hall it was Rul'd per Keeling Chief Justice That they should answer and there was a Verdict for the Plaintiff And though there was great endeavours to obtain a new Tryal yet it was denyed the Court at West minster being fully satisfied that they ought to answer for this Servant had used often to receive and pay moneys for them and thereupon they actually paid the moneys Note That which will oblige the Master will be the authority and liberty which he usually gives the Servant therefore such a power devolved ought to be secured by the prudent'st way that may be which is generally done by Bonds and Obligations If a Bill of Exchange by contrary Wind or other occasions be so long on the way that the Usance or time limited by the Bill be expired and being tendred both acceptance and refusal are denyed protests for both must be made and the Drawer must answer the value rechange and damage XXVIII A Bill once accepted cannot be revoked by the party that accepted it though immediately after and before the Bill becomes due he hath advice the Drawer is broke If a Bill is not accepted to be paid at the exact time it must be protested but if accepted for a longer time the party to whom the Bill is made payable must protest the same for want of acceptance according to the tenour yet he may take the acceptance offered notwithstanding Nor can the party if he once subscribes the Bill for a longer time revoke the same or blot out his name although it is not according to the tenour of the Bill for by his acceptance he hath made himself debtor and owns the draught made by his Friend upon him whose right another man cannot give away and therefore cannot refuse or discharge the acceptance Note This case will admit of two Protests perhaps three 1. One Protest must be made for not accepting according to the time 2. For that the money being demanded according to the time mentioned in the Bill was not paid 3. If the Money is not paid according to that time that the Acceptor subscribed or accepted A. drawes a Bill on B and B. is in the Country C. a Friend of his hearing of the Bill accepts it the party to whom the money is to be paid must make a protest for non-acceptance by B and then he may take the acceptance of C and it shall bind C. to answer the Money If a Bill is drawn on B and B. happens to be in the Country and a Friend of his desires the party not to protest and he will pay the same it is good and shall bind such party If there be two joynt-Merchants or Partners and one of them accepts a Bill of Exchange the same shall bind the other and an Action of the Case on the Custome may be maintained against him XXX Merchants generally allow 3. dayes after a Bill becomes due for the payment and for non-payment within the 3. dayes protest is made but is not sent away till the next Post after the time of payment is expired If Saturday is the third day no protest is made till Munday XXXI The use of the Protest is this That it signifies to the Drawer that the party upon whom he drew his Bill was unwilling not to be found or insolvent and to let him have a timely notice of the same and to enable the party to recover against the Drawer For if one drawes a Bill from France upon a person in England who accepts and fails or becomes insolvent at the time of payment if there be not a Protest and timely notice sent to the Drawer there it will be difficult to recover the money In Holland they are not altogether so strict yet there must be a reasonable time of notice the reason is for perhaps if he had reasonable and timely notice the Drawer then might have had Effects or other means of his upon whom he drew to reimburse himself the Bill which since for want of timely notice he hath remitted or lost And the general Rule is That though the Drawer is bound to the Deliverer till the Bill is satisfied yet it is with this proviso that protest be made in due time and a lawful and an ingenious diligence used for the obtaining payment of the Moneys for it were unreasonable the Drawer should suffer thorough his neglect XXXII Where a Merchant hath accepted and before
commonly proportioned according to the offence committed Sometimes they were easy of which sort were those which only brand the Souldier with disgrace others were those that came heavy on the Person or Body to the first belonged a shameful discharging or casheering a Mariner or Souldier from the Army and generally lookt on as a matter of great disgrace which punishment remains at this day for offences as well in England as in most parts A second was by stopping of their Pay such Souldiers which suffered this kind of mulct were said to be Aere diruti for that Aes illud diruebatur in fiscum non in Militis sacculum the which is and may at this day be inflicted especially on such as shall wilfully spoil their Arms and the like sort of offences A third was a Sentence enjoyn'd on a Souldier to resign up his Spear for as those which had atchieved any Noble Act were for their greater Honour Hasta pura donati so others for their greater disgrace were inforc'd to resign up that Military Weapon of Honour A fourth sort of punishment was that the whole Cohort which had lost their Banners or Standards either in the Fields or at Sea were inforc'd to eat nothing but Barley bread being deprived of their allowance in Wheat and every Centurion in that Cohort had his Souldiers belt or girdle taken from him which was no less disgrace among them then the degrading among us one of the Order of the Garter for petty faults they generally made them stand bare-footed before the Generall 's Pavilion with long poles of 10 foot in length in their hands and sometimes in the sight of the other Souldiers to walk up and down with turfes on their necks sometimes carrying a beam like a fork upon their shoulders round the Town the last of their punishments was the opening of a Vein or letting them blood in one of their arms which generally was inflicted on them who were too hot and bold The great Judgments were to be beaten with rods which was generally inflicted on those who had not discharged their Office in the sending about that Table called Tessera wherein the Watch-word was written or those who had itoln any thing from the Camp or that had forsaken to keep Watch or those that had born any false witness against their Fellows or had abused their Bodies by Women or those that had been punished thrice for the same fault sometimes they were sold for bond-Slaves beheaded and hang'd But the last which was in their mutinies the punishment fell either to Lots as the tenth twentieth and sometimes the hundredth Man who were punished with Cudgelling and with these punishments those in England have a very near affinity as cleansing the Ship loosing pay ducking in the Water beaten at the Capsons head hoisted up the main yard end with a shovel at their back hang'd and shot to death and the like XXVI The Admiral may grant Commissions to inferior Vice-Admirals or Commanders in chief of any Squadron of Ships to assemble Court Martials consisting of Commanders and Captains for the Tryal and Execution of any of the offences or misdemeanours which shall be committed at Sea but if one be attainted before them the same works no corruption of Blood or forfeiture of Lands nor can they try any Person that is not in actual Service and pay in His Majesty's Fleet and Ships of War But in no case where there is Sentence of death can the execution of the same be without leave of the Lord Admirall if the same be committed within the narrow Seas yet this does not extend to mutiny for there in that case the party may be executed presently All offences committed in any voyage beyond the narrow Seas where Sentence of death shall be given upon any of the aforesaid offences execution cannot be awarded nor done but by the Order of the Commader in chief of that Fleet or Squadron wherein Sentence of death was passed XXVII The Judge Advocate hath power given by the words of the Statut to administer an Oath in order to the Examination or Tryal of any of the offences mentioned in the Stat. of 13 Car. 2. Cap. 9. and in his absence the Court Marshall has power to appoint any other Person to administer an Oath to the same purpose This Statut enlarges not the power and and jurisdiction of the Admiral any further then only to the above mentioned offences in no case whatsoever but leaves his authority as it was before the making of this Statut. Nor does it give the Admiral any other or further power to enquire and punish any of the above-mentioned offences unless the same be done upon the main Sea or in Ships or Vessels being and hovering in the main stream of great Rivers only beneath the Bridges of the same Rivers nigh to the Seas within the jurisdiction of the Admiralty and in no other place whatsoever XXVIII As Souldiers and Mariners for the honour and safety of the Realm do expose dayly their lives and limbs so the Realm hath likewise provided for them in case they survive and should prove disabled or unfit for Service a reasonable and comfortable maintainance to keep them the which the Justices of the Peace have power yearly in their Easter Sessions to raise by way of a Taxe for a weekly relief of maimed Souldiers and Mariners The maimed Souldier or Mariner must repair to the Treasurer of the County where he was prest if he be able to travel if he was not then to the Treasurer of the County where he was born or where he last dwelt by the space of three Years but if he proves unable to travel then to the Treasurer of the County where he lands He must have a Certificate under the chief Commander or of his Captain containing the particulars of his hurt and Services The allowances to one not having been an Officer is not to exceed ten pound per annum Under a Lievtenant 15 A Lievtenant 20. Till the Mariner arrives at his proper Treasurer they are to be relieved from Treasurer to Treasurer and when they are provided for if any of them shall go a begging or couterfeit Certificats they shall suffer as common rogues and loose their Pensions Over and above this provision His Sacred Majesty hath provided a further supplyment for his maimed Mariners and Souldiers disabled in the Serviceâ—… which is issued out of the Chest at Chatham and constantly and duely pay'd them and for his Commanders Officers and others that served aboard he of his Royal Bounty hath given to those that bear the character of War and purchase the same by their fidelity and valour a pious Bounty called Smart-Money over and above their Pay XXIX The wisedom of the Romans was mightily to be commended in giving of Triumphs to their Generals after their returns of which they had various sorts but the greatest was when the General rid
his Condition considered in reference to his Interest and Authority generally II. Of Goods lost or imbezelled or any other detriment happens in a Port who shall answer III. The Duty of Masters of Ships as if they shall sâ—…t Sayl after an Imbargo who shall answer IV. And of faults ascribed to him before departure in Tempestuous weather staying in Port. c. V. Over-charging or over-lading the Ship above the birth-mark or receit of such persons a Ship-board as may hazard the Lading VI. Of Lading aboard in the Ships of Enemies his own proving disabled VII Of shipping of Goods elsewhere then at the publique Ports or Keyes and of taking in prohibited Goods VIII Of wearing unlawful Colours or Flaggs and of yielding up his Ship Cowardly if assaulted where lyable and where excused IX Of carrying fictitious Cocquets and Papers and refusing payment of Customes and Duties X. Of setting Sayl with insufficient Tackle and of taking in and delivering out with the like and of his Charge of Goods till safely delivered XI Of departing without giving Notice to the Customer XII Of Faults committed by Masters and Skippers at Sea XIII Rules in Law in the Charging him for Reparation of Damage XIV Of the Power and Authority that the Master hath in disposing Hipochicating or pledging the Ship Furniture and Lading XV. Where Masters are disabled though in necessity to Impawn the Vessel XVI Where they may dispose of Vessel and Lading and where not XVII What Vessels and Marriners the Master must have for Importing in or Exporting out of his Majesties Plantations in Asia Affrica and America XVIII What Ships may go from Port to Port in England XIX Ships not to import the Goods of any Country but of that from whence they are brought XX. What time the Master shall be coming up after arrived at Gravesend or at any other Port within the Realm in order to his discharge XXI Of going from Port to Port within the Realm how provided XXII Of Goods prohibited to be imported from Netherlands or Germany in any Ships whatsoever I. A Master of a Ship is no more then one who for his knowledg in Navigation fidelity discretion hath the Government of the Ship committed to his care and management and by the Common Law by which properties are to be guided he hath no property either general or special by the constituting of him a Master yet the Law looks upon him as an Officer who must render and give an account for the whole charge when once committed to his care and custody and upon failer to render satisfaction and therefore if misfortunes happens if they be either through negligence wilfulness or ignorance of himself or his Mariners he must be responsible II. If the fault be commited in any Port Haven River or Creek or any other place which is infra Corpus Comitatus the Common Law shall have Jurisdiction to answer the party damnified and not the Admiralty but if the same be committed super altum mare the Admiralty shall have Jurisdiction of the same yet if it be on a place where there is divisum imperium then according to the flux or reflux the Admiralty may challenge the other of Common right belonging to the Common Law according to the resolution given And therefore so soon as Merchandises and other Commodities are put aboard the Ship whether she be riding in Port Haven or any other part of the Seas he that is Exerciter Navis is chargeable therewith and if the same be there lost or purloyned or sustaine any damage hurt or loss whether in the Haven or Port before or upon the Seas after she is in her Voyage whether it be by Marriners or by any other through their permission he that is Exercitor Navis must answer the damage for that the very lading of the goods aboard the Ship does Subject the Master to answer the same and with this agrees the Common Law where it was adjudged that goods being sent aboard a Ship and the Master having signed his Bills of Lading for the same the goods were stowed and in the night divers persons under the pretence that they were Press Masters entered the Ship and rob'd her of those goods the Merchant brought an action at the Common Law against the Master and the Question was Whether he should answer for the same for it was alledged on his part That there was no default or negligence in him for he had a sufficient guard the Goods were all lockt up under hatches the Theeves came as Press-Masters and by force robb'd the Ship and that the same was vis major and that he could not have prevented the same And lastly That though he was called Master or Exercitor navis yet he had no share in the Ship and was but in the nature of a Servant acting for a Salary But notwithstanding it was adjudged for the Plaintiff for at his peril he must see that all things be forth-coming that are delivered to him let what accident will happen the Act of God or an Enemy onely excepted but for Fire Theeves and the like he must answer and is in the nature of a Common Carryer and that though he receives a Sallary yet he is a known and publique Officer and one that the Law looks upon to answer and that the Plaintiff hath his Election to charge either Master or Owners or both at his pleasure but can have but one satisfaction If a Master shall receive Goods at the Wharf or Key or shall send his Boat for the same and they happen to be lost he shall likewise answer both by the Maritime Law and the Common Law III. If Goods are laden a board and after an Embargo or Restraint from the Prince or State he breaks ground or endeavours to sayl away if any damage accrues he must be responsible for the same The reason is because his Freight is due and must be paid nay although the very Goods be seized as bona contra bandos IV. He must not sayl in Tempestuous weather nor put forth to Sea without having first consulted with his company Nor must he stay in Port or Harbour without just cause when a fair wind invites his departure V. He must not over-charge or lade his Ship above the birth-mark or take into his Ship any persons of an obscure and unknown condition without Letters of safe conduct VI. Nor ought he to lade any of his Merchants Goods aboard any of the Kings Enemies Ships admitting his own Vessel leaky or disabled without Letters of safe Conduct otherwise the same may be made prize and he must answer the damage that follows the action Nor shall he come or sneak into the Creeks or other places when laden homewards but into the Kings great Ports unless he be driven in by Tempest for otherwise he forfeits to the King all the Merchandize and therefore must answer VII Nor ought he
to vindicate other mens injuries then our own by how much more it is to be feared that a man in his own by too deep a resentment may either exceed a measure or at least infect his mind however his right of punishing an equal remains still in those places where the People remain as in great Families and not in Cities or under some Government and therefore those that have now possessions of any Parts of the New World or American Isles till they have either voluntarily submitted to a Government or put them and their discovery into the hands or protection of some Prince that may exercise power there remains the old and natural right of punishing for offences So likewise where Persons shall be assaulted by Pyrats on the Seas if they be overcome they may be immediatly executed by the Law of Nature for otherwise there would be a Failer of power to punish such Besides the old natural Liberty remains in all Places where are no Judgments so where they are taken and brought to a Port and the Judge openly refuses the Trial of them or that a Trial of them cannot be had without an apparent detriment and loss to the Captors Justice may be done upon them by the Law of Nature VII Two Pyrats resolving to assault and rob the next Vessel they meet with not knowing each others condition or design encounter and the one happens to be overcome by the other the question is now whether the above mentioned right so far remains as that the stronger may execute him that he hath overcome Right reason dictates that the evil doer may be punished not who should punish him but that Nature sufficiently sheweth that it is most convenient to be done by him that is Superior yet doth it not demonstrate this to be necessary except Superior be taken in that sence that the evil doer be thought to have made himself thereby inferior to any other and to have as it were degraded himself from the order of men into the number of Beasts subject to no man and such are Pyrats who have no other denomination but Night-wolves or Beasts of Prey By Nature it is ordained That the better command the worse And Aristotle saith The worse are provided for the use of the better as well in Naturals as in Artificials It follows hence that at least a guilty Person ought not to be punished by another equally guilty to which purpose is that saying of Christ VVhosoever of you is without sin that is such sin let him throw the first stone Pertinent is that saying The Sentence can have no authority where he that judgeth is to be condemned From whence it follows that the right of punishing in such case at such time ceases VIII Kingdoms which are equal in power and having no dependance on each other cannot be commanded nor corrected of another but if there be a question to execute the Decree or Judgment of one in the Territory of the other there may issue forth a Commission of entreaty under the Seal of that Court where the Judgment was given or at least under the great Seal of the Prince directed to the Judges in that place where the the Defendant is resident and the Judge to whom the said Commission is directed may award execution according to the Laws of Nations And so it was adjudged where one having recovered a Debt before the Governour of Freisland Defendant upon that fled for England the Governour at the Request of the Plaintiff issued forth his Commission of Request directed Omnes Magistratus infra Regnum Angliae rogans to make execution of the said Judgment upon which the Judge of the Admiralty in England issued forth an Execution of that Sentence and the Defendant was taken upon which he brought his Habeas Corpus and adjudged the Sentence well executed by the Laws of Nations and according to the Common Law of this Realm So likewise if a Dutch-man takes up Goods at the Port of London and gives a Note under his hand for the payment of the same and then flyes into Holland the Vendor may apply himself to the Lord Major of London and upon proof of the delivery and Sale of the Goods the Lord Major making a Certificat of the same and sending it under the City Seal directed as above they of Holland will and do execute the same upon the Party Herein this last Case differs from the first for by the former if there should fall a question about the interpretation of the Judgment or Sentence the same cannot be done for they are not to examine the same and the reason is least the Stranger be induced at another time to do the like and so dissolve the Judgments whereof they should demand the execution the which would be done more through jealousy of the State then for any injustice in them besides the Judgments or Sentences which are matters of Record and of the greatest security in a Kingdom the presumption that they were justly given shall alwayes be understood IX But in the latter the same may be examined that is the Merchant may be heard as to his legal defence either to the lessening or discharging the debt or dammage but against the testimony certified no objection can be made but the same is admitted as legally proved But if there be a question of honour or life there they may not execute the Judgments of Forraign Judges especially if they have not kown the merit of the causes or seen the Informations or heard the Witnesses but more especially in England for there can in no respect whatsoever the life of a Man let his offence be never so hainous be brought to punishment without a legal Tryall and that by the producing of Witnesses viva voce to his face yet Princes for the respect they bear each other and for the Good of Justice though they cannot at the bear request of the Judges of another Prince put them to death yet they may for exemplary punishments which ought to be made upon the places were the fact was committed yield the natural Subject to his natural Prince unless the Prince to whom the fugitive is fled findes that he is unjustly pursued for in such cases he is not bound to yield them yea he is forbidden by the Law of God to restore a bound-Man which is fled into another Mans house to avoid the fury of his Master X. And as the same is in cases Forraign so likewise in those Estates that are under the Crown of England and therefore if a Man recovers against I. S. in the Kings Bench in England and then the Defendant flies over into Ireland the Judgment may be certified over into the Chancery in Ireland and they may by Mittimus send it into the Kings Bench there and they may award execution or otherwise the party may bring his Action of Debt on the same so the like has been done
paction or partnership without sundering but yet if they will sunder the Law Maritime requires some considerations to be performed before they can so do And therefore if the Ship be newly built and never yet made a Voyage or is newly bought she ought to be subject to one Voyage upon the common outread and hazard before any of the Owners shall be heard to sunder and discharge their parts If it falls out that one is so obstinate that his consent cannot be had yet the Law will enforce him either to hold or to sell his proportion but if he will set no price the rest may outrigg her at their own costs and charges and whatsoever Freight she earns he is not to have any share or benefit in the same But if such Vessel happens to miscarry or be cast away the rest must answer him his part or proportion in the Vessel But if it should fall out that the major part of the Owners refuse to set out the Vessel to Sea there by reason of the unequality they may not be compelled but then such Vessel is to be valued and sold The like where part of the Owners become deficient or unable to set her forth to Sea IV. The Master of the Vessel is elegable by the part-Owners not by the majority yet he that is most able is to be preferred The wisdome of the later Ages have been such that few have gone out in that condition but those as have commonly had shares or parts in the same Vessel In the preferring therefore of a Master his Ability and Honesty is to be considered since on him rests the charge not onely of the Vessel but of the Lading their very Actions subiecting the Owners to answer for all damage that shall be sustained by him or his Marriners be it in Port or at Sea to the Lading or Goods of the Merchants or Laders and they are made lyable as well by the Common Lawes of England as the Law Maritime V. If the Master commits offences either negligently or wilfully he shall be responsible over to his Owners for the repairation of damage nor are they bound to joyn but may sever and sue apart as well by the Common Law as the Maritime So likewise if the Ship hath earned Freight and part of them receive their parts the rest may bring their Action for their share without joyning with the other VI. If a Ship be borke up or taken in pieces with an intent to convert the same to other uses if afterwards upon advice or change of mind she be rebuilt with the same Materialls yet this is now another and not the same Ship especially if the Keel be ript up or changed and the whole Ship be once all taken a sunder and rebuilt there determines the Partnership quoad as to the Ship But if a Ship be ript up in parts and taken a sunder in parts and repaired in parts yet she remains still the same Vessel and not another nay though she hath been so often repaired that there remains not one stick of the Original Fabrick VII If a man shall repair his Ship with Plank or other Materialls belonging to another yet the Ship maintaines and keeps her first Owners But if a man shall take Plank and Materialls belonging to another and prepared for the use of Shipping and with them build a Ship the property of the Vessel followes the Owners of the Materialls and not the builder But if a man cuts down the trees of another or takes Timber or Planks prepared for the erecting or repairing of a dwelling house nay though some of them are for Shipping and builds a Ship the property follows not the Owners but the Builders VIII If a Ship be sold together with her tackle furniture apparel and all other her instruments thereunto belonging yet by those words the Ships boat is not conveyed but that remains still in the Owners so it is if the Ship be freighted out and afterwards at Sea she commits Piracy the Ship is forfeited but the Boat remaines still to the Owners IX If a Ship commits Piracy by reason of which she becomes forfeited if before seizure she be Bona-fide sold the property shall not be questioned nor the Owners divested of the same X. If a Master shall take up Monys to mend or Victual his Ship where there is no occasion though generally the Owners shall answer the fact of the Master yet here they shall not but onely the Master But if there were cause of mending the Ship though the Master spend the Mony another way yet the Owner and Ship become lyable to the satisfaction of the Creditor for it were very unreasonable that the Creditor should be bound to take upon him the care of the repairing the Ship and supply the Owners roome which must be so if it should be necessary for him to prove that the money was laid out upon the Ship so on the other hand it stands with reason that he be sure that he lends his money on such an occasion as whereby the Masters fact may oblige the Owners which he can not do otherwise unless he knows that the money borrowed was necessary for the repair of the Ship and therefore if the Ship wanted some repairs and a far greater and Extravagant sum was lent then was needful the Owners shall not be lyable for the whole II. If a man gets possession of a Ship having no Title to the same by the Law Maritime he shall answer such damage as the Ship in all probability might have earned and the reason of that is because the onely end of Shipping is the imployment thereof XII A Ship is Freighted out accordingly she receives in her lading pursuant to agreement afterwards an Embargo happens and the lading is taken as forfeited yet the Owners shall notwithstanding receive Freight for here is no fault in them but only in the Merchant Thus men from their Necessity and Safety having from hollow Trees nay Reeds Twiggs and Leather for such were the rude beginnings of those stupendious things we now admire advanced the Art to that degree as to render it now the most usefullest thing extant and as the Mathematiques Astronomy and other Sciences hath added to its security so hath succeeding Ages from time to time provided Priviledges and Laws by which it hath alwayes been regulated and governed the which upon all occasions and in all Courts hath generally had a genuine construction as near as might be to the Marine Customes and therefore at this day if a Ship be taken away or the Owners dispossest they may maintain an Action of Trover and Conversion for 8th or 16th part of the same as well by the Common Laws of this Kingdome as the Law Maritime CHAP. II. Masters of Ships their Actions considered in reference to cases private and publique I. A Master or Skipper