Selected quad for the lemma: duty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
duty_n	command_v	law_n	obedience_n	2,379	5	7.3973	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A06786	Consuetudo, vel lex mercatoria, or The ancient law-merchant Diuided into three parts: according to the essentiall parts of trafficke. Necessarie for all statesmen, iudges, magistrates, temporall and ciuile lawyers, mint-men, merchants, marriners, and all others negotiating in all places of the world. By Gerard Malynes merchant.	Malynes, Gerard, fl. 1586-1641.	1622 (1622)	STC 17222; ESTC S114044	480,269	516

company who doe for that dispose of the dead bodie putting the same into the Sea When any goods or merchandises are deliuered vnto the Master or his Clearke the Purser of the Shippe and laid within boord or to the Ships side both wayes is at the Masters perill But the Master is not bound to answere for such things as are put in his Ship without his and his companies knowledge Ignorance is here a good excuse because where men are found ignorant they are also esteemed not to consent But if the Merchant or Passenger keepe his goods by himselfe as monies or such things in his Coffers and then find fault to haue lost them then the Master and Company are to purge themselues by their oath but if afterwards notwithstanding they be found guiltie the denier shall pay the double and also be punished for periurie The Master is lyable for all damages sustained by bad Hookes Ropes Blockes or Lines if the Mariners doe giue notice of it and they shall beare their parts in the damage and so is he also to answere any dammage happening by vnreasonable stowing or breaking of goods and therein he and his companie may be put to their oath Further whatsoeuer shall happen through fault negligence or chance which might be auoided or if it bee done by the passengers or other than himselfe and his companie the Master is answerable If by the Masters default confiscation of goods or other damages happens for non-payment of Custome Law of Oleron or false Bills of entries in the Custome-house for goods or for transporting of vnlawfull goods the Master shall answere for the same with the interest But concerning the suing for the said goods the Master may well doe it as the Merchant may pursue for spoyled goods And notwithstanding if it shall bee found that the Merchant is in any fault concerning the goods as aforesaid then if the Master and foure of his companie Mariners sweare no fault to haue beene in them the Master shall be cleared thereby The Master is to keepe his companie in peace and if any Mariner shall be hurt in doing seruice or by his companion the Master shall cause him to be healed as hee who is onely answerable for the fact within shipboord and then by his authoritie recouer from the other Mariner the charges and any thing that the hurt man hath lost thereby except that hee who is hurt or lamed haue prouoked the other by euident assault or stroakes And if a Mariner fall sicke the Master shall cause him to bee laid in a house with all sustentation necessarie and vsuall in the Ship but shall not stay the Ship vntill hee bee healed and when hee recouers health shall giue him his hyre or if hee dye shall giue it to the wife or neerest friends But if a Mariner bee not hurt in the Ships seruice the Master shall hyre another in his place who if hee haue a greater hyre that Mariner then shall recouer the surplus And alwayes the Master ought to lend his Mariners if they want If through the Masters fault the Shipboat perish with any Mariners in it by spoyled Ropes or otherwise then shall the Master pay one whole yeares hire to the heires of the drowned Item he ought to giue his Mariners Flesh vpon Sunday Tuesday and Thursday and vpon other dayes Fish or such like with sufficient drinke but no meat to them that sleepes not in the Ship Neuerthelesse the qualitie and quantitie of Mariners food and hires goeth diuersly according to the diuers Customes of Countries and the conditions made with them at the entring of the voyage whereof remembrance is to be kept to auoid discords which are more dangerous on the Seas than on Land CHAP. XXIII Of the Duties and Priuiledges of Mariners ACcording to the Law of Oleron Mariners owe all due obedience to the Master not onely in flying from him in his wrath so farre as they can but also in suffering yet may they after one stroake defend themselues In case of rebellion of Mariners against their Master which is thought then to be done when the Master hath thrice lifted the Towell from before any Mariner and yet he submits not himselfe then may hee not onely bee commanded forth of the Ship at the first land but also if hee make open strife and debate against the Master hee shall lose his halfe hire with all the goods he hath within shipboord But if in this strife a Mariner vseth any armour or weapons then should the rest of the Mariners bind him imprison him and present him to the Iustice so that if any refuse to assist hee shall lose his hire and all things he hath within shipboord Yea in case any number of the Mariners would conspire and force the Master to passe to any other Port than to the which he was fraighted they may bee accused criminally and punished as for a capitall crime And yet if a rebellious Mariner repent in time and offer amends for a simple rebellion and the Master notwithstanding refuse he may follow the Ship and obtaine his hire Mariners ought each one to helpe and assist others on the Seas or else he that refuseth loseth his hire and the oath of his fellowes shall be a proofe against him Mariners in a strange Port should not leaue the Ship without the Masters licence or fastning her with foure ropes or else the losse fals vpon them They are also to attend the Ship vntill shee be discharged and ballasted new and the Tackle taken downe And if a Mariner during the time of her discharge and lading labour not with the rest of the companie but goeth idle and absents himselfe hee shall pay a fine to the rest of the companie pro rata In a strange Countrey the one halfe of the company at the least ought to remaine on shipboord and the rest who goe on land should keepe sobrietie and abstaine from suspected places or else should be punished in bodie and purse like as he who absents himselfe when the Ship is readie to sayle yea if he giue out himselfe worthier than he is in his calling hee shall lose his hire halfe to the Admirall and the other halfe to the Master But this especially ought to be executed against an vnworthy Pilot. The Mariner also forfeits his hire if the Ship breake in any part and hee helpe not with all his diligence to saue the goods If it chance otherwise than well with the Master the Mariners are then holden to bring backe the Ship to the Port from whence shee was fraighted without delay except it bee otherwise prouided A Mariner may carrie as much meat out of the Ship as hee may eat at a meale but no drinke A Mariner may keepe either his portage in his owne hands or put forth the same for fraight and yet the Ship shall not stay vpon the lading of his portage so that in case the Ship be fully laden before the goods for his

bread and water for a time at the discretion of the Iudge But if the debtor be so poore and notwithstanding hath such a cruell aduersarie that will make dice of his bones that is say to haue his debtor die in prison and to hang vp a bale of dice for him in the Crowne Office as is done by the Officer in place or the Goaler then hath the Law beyond the seas prouided some reliefe for this poore man for the custome is in Germanie France Italie Spain and the Low Countries that no man is imprisoned for debt aboue a yere and a day in which time the creditors haue power to take seise and sell all the estate of the debtor which being done or before the woman in most places may claime her dower for her reliefe children and the rest is diuided amongst the creditors as far as it will go and so the debtor is freed from those debts for euer for by the Ciuile Law Qui vult cedere bonis liberatus est a debito if the debtor do relinquish his estate to the creditor he is free from the debts and all goods falling to him afterwards are his owne But this man is euer after disabled to come to any preferment and such a creditor as is the cause of it will be hated and accounted worse than a Iew or Pagan For the manner of Cedere bonis or to make cession of goods is verie hainous The manner of Cedere bonis and of wonderfull disgrace so that most men will rather die in miserie than to come vnto it because it happeneth not once in twentie yeares yet is it farre inferiour to the punishment of the pillorie or the striking ouer the legge vsed in Russia at the creditors instance whereby the debtor is set at libertie and the debt paid The partie commeth before the towne-house and standeth vpon a stone in the view of all the people and vnloosing his girdle he desireth them and all the world to take notice that he hath nothing left him to pay his creditors and so renounceth all what may be found to be his or what any manner of waies he might pretend and in token thereof he may not weare his girdle any more nor be imployed in any businesse as a liuing man yet afterwards by some composition to be made with the creditors he may be restored by a declaration to be made by some Officer vpon the said stone and then he is permitted to weare his girdle againe In the said countries no gentleman or man of qualitie may be imprisoned at all for debts his estate onely is liable thereunto and yet with reseruation of such necessarie things as Honestie Honour Humanitie and Christianitie doth challenge namely the souldiours Person his Armes his Apparrell Bed and Chamber conueniently and necessarily furnished which may not be taken for debt and the like reseruation is made to euerie other man of qualitie so that imprisonment of men bodies for debt according to the common practise of England is a greater burden and bondage than is to be found in any other christian or heathen countrie And for asmuch as the mischiefe and incoueniences arising to the King and Common-wealth by the imprisoning of mens bodies for debt haue beene propounded heretofore in Parlement by a printed remonstrance which like vnto a Pamphlet may be lost whereby good matters are many times put in obliuion I haue thought conuenient to make an abstract thereof in the maner as the said reasons are laid downe to be inserted in this booke in hope of some releefe vnto decayed Merchants whose estates may remaine liable to answere their creditors without imprisoning of their bodies against the Law of God the Law of man the Rule of justice the Law of conscience and christian charitie and against the Practise of other countries as aforesaid and finally against the creditors owne profit The Law of God willeth and commaundeth euerie man to follow a vocation to doe the honour Against the law of God duties and seruices owing to his Prince and countrie and Parents and to maintaine his wife children and family and to instruct them in the feare of God so that whatsoeuer directly or indirectly forbiddeth the said christian duties in the performing thereof by an imprisonment is against the law of God whereupon all humane lawes ought to be grounded No law of God willeth or commaundeth imprisonments of mens bodies for debt nor is it warranted by any example in the word of God and the efficient meanes bringing men into prison as vsurie is appeareth plainely to be forbidden by the word of God as hath beene noted out of the old law neither hath the law of the Gospell a word of commaund or warrant for imprisoning a christian brother for debt Exod. 22.26 Deut. 23.19 Leuit. 25 35. Ezech. 18 8. Ieremy 34.14 but rather containeth a commaund to relieue him if he be fallen into decay to take care how and wherein he shall sleepe to set him free at sixe yeares end and then to reward him By the Law of man it was not so Ab initio for by the Common Laws of England Against the law of man which are the most ancient most eminent most binding lawes no man may be taken or imprisoned for debt but the creditor was to take satisfaction vpon the debtors estate of goods lands according to Magna Char. 3. H. 3. and 14. Ed. 3. although after accountants onely were to be imprisoned vntill they paied which was made generall against all debtors by the statute of the 25. Ed. 3. cap. 17. yet prisoners in Execution might and did follow their vocation and affaires by baile mainprise or baston as by the statute of 1. Rich. 2. cap. 12. and from that time forwards were prisoners tied vp shorter to the writ of Habeas corpus or the Kings speciall mandate vpon surmises Habeas corpus that the said debtors made secret estates in trust to defraud their creditors or were wilfull and obstinate to pay them being able To answere these obiections it is vniust to punish all promiscuously aswell frauders as non frauders without and before any proofe made yet if the fraud were proued or his abilitie and sufficiencie either there is no cause to imprison his bodie because the law doth giue the estate fourthwith to the creditor whether the debtor will or no so it is still needlesse to imprison the bodie for twentie yeares imprisonment discounteth neuer a pennie of the debt and yet the debtor hath suffered more miserie and punishment than a guiltie Traytor or Rebell suffereth for the highest offence It is against the rule of Iustice and law of Nature Against the rule of Iustice. that men equally free borne should be depriued of the common and equall libertie and bee giuen into the power of another without criminall cause or guilt The debtor is either punished for guilt or cohersion if for guilt it is against the rule of