there is no Nation in the World more tender and jealous of their honour then the English so none more impatiently tollerate the diminution thereof Hence it was that in all Treaties before almost any thing other was assertained the Dominion of the Sea and stricking the Top-fail was alwaies first provided for In the Year 1653 after the Dutch had measured the length of their Swords with those of this Nation and being sensible of the odds and having by their four Embassadours most humbly besought Peace this very Duty of the Flagg was demanded by the 15th Article in these words That the Ships and Uessels of the said United Provinces as well Men of War as others he they in single Ships or in Fleets meeting at Sea with any of the Ships of this State of England or in their service and wearing the Flagg shall strike the Flagg and lower their Top-sail untill they be passed by and shall likewise submit themselves to be visited if thereto required and perform all other respects due to the said Common Wealth of England to whom the Dominion and Soveraignty of the British Seas belong This was so peremptorily demanded that without the solemn acknowledging of the Soveraignty over the British Seas there was no Peace to be had that as to the acknowledging of the Soveraignty and the Flag they were willing to continue the Antient Custom but that of Visiting was somewhat hard 't is true the latter Clause was by the Usurper waved for reasons standing with his private interest but the first was made absolute by the 13 Article between Him and that Republique and from thence it was transcribed to the 10 Article at White-Hall and afterwards into the 19 Article at Breda and from thence into the 6th Article made last at Westm. and that Clause of searching of each others Ships made reciprocate by the 5 Article made in the Marine Treaty at London but that extends not to Ships of War but only the Ships of Subjects X. By the British Seas in the Article about the Flagg are meant the four Seas and not the Channel only for in the 16 Article they did express what was meant by the British Seas That the Inhabitants and Subjects of the United Provinces map with their Ships and Uessels furnished as Merchant Men fréely use their Navigation sail pass and repass in the Seas of Great Britain and Ireland and the Isles within the same commonly called the British Seas without any wrong or injury to be offered them by the Ships or People of this Common-wealth but on the contrary shall be treated with all love and Friendly offices and may likewise with their Men of War not excéeding such a number as shall be agréed upon sail pass and repass through the said Seas to and from the Countries and Ports beyond them but in case the said States General shall have occasion to pass through the said Seas with a greater number of Men of War they shall give thrée Months notice of their intention to the Common-wealth and obtain their consent for the passing of such a Fléet for preventing of Iealousy and misunderstanding betwixt the States by means thereof The first part of this Article doth plainly set out the extent of the British Seas and that it is not the bare Channel alone that comprehends the same but the four Seas and the same is further explained in the Great Case of Constables where the Dominion of the Queen before the union as to the Seas did extend midway between England and Spain but entirely between England and France for the French never had any right or claim to the British Seas for in the Wars between Edward the First and Philip the Fair all Commerce on both sides being agreed to be free so that to all Merchants whatsoever there should be induciae which were called sufferantia Guerrae and Judges on both sides were appointed to take cognizance of all things done against these Truces and should exercise Judicium secundum Legem Mercatoriam formam sufferantiae it was contained in the first provision of that League that they should defend each others Rights against all others this afterwards occasioned the introducing that Judgement in the same Kings time before those Judges chosen by both the said Princes by the Proctors of the Prelates Nobility and High Admiral of England and all the Cities Towns and Subjects of England c. unto which were joyned the suffrages of the most Maritime Nations as Genoa Catalonia Spain Almain Zeland Holland Freisland Denmark and Norway and divers other Subjects of the Roman Empire against Reginer Grimbald then Admiral of France for that there being Wars between Philip King of France and Guy Earl of Flanders he had taken Merchants upon those Seas in their Voyage to Flanders and despoiled them of their Goods whereas the Kings of England and their Predecessors as they all joyntly do declare and affirm without all controversy beyond the memory of Man have had the Supream Government of the English Seas and the Islands thereof Praesâ—…ribendo scilicet Leges Statuta atque interdicta armorum naviumque alio ac Mercatoriis armamentis instructarum causationes exigendo tutelam praebendo ubicunque opus esset atque alio constituendo quaecunque fuerint necessaria ad pacem jus equitatem conservandam inter omnimodas vates tam exteras quam in Imperio Anglicano comprehensas quae per illud transierint supremam iisdem item fuisse atque esse tutelam merum mixtum Imperium in juredicendo secundam dictas Leges Statuta praescripta interdicta aliisque in rebus quae ad summum Imperium attine in locis adjudicatis By which memorable Record it apparently shewes that the Kings of England have hand istud regimen dominium exclusive of the King of France bordering upon the same Seas and of all other Kings and Princes whatsoever and it was there adjudged that Grimbalds Patent was an usurpation on the King of England's Dominion and he adjudged to make satisfaction or if he proved unable then the King his Master should and that after satisfaction he rendred to punishment And as to the second part of the Articles of giving notice it was but an Act of Common prudence their late unexpected visit which they then gave put the English to some surprise but they facing the Battavian soon made them know that they were as capable of beating them home as they were then daring in coming out and were not to be braved out of a Dominion and Right which their Ancestors had with so much glory acquired and asserted XI By the Article of the Offensive and Defensive League between France and the United Provinces it was agreed That if at any time the Dutch Fleet which were to scoure the French Coasts in the Mediterranean from Pyrats should at any time meet the French the Admiral of the Dutch was to strike his
Flagg and lower his Top-Sail at his first approach to the French Fleet and to salute the Admiral of France with Guns who was to return the said salute by Guns also as was usual when the Dutch and English Fleet did meet Only in this the right of the Flagg of England differs from that claimed by the French for if there had been a failer on the part of the Dutch of paying that respect to the French the same would have amounted to no more but a breach of the League but the not striking to the King of Englands Flagg is open Rebellion and the Article does so signify for it is there mentioned as a Right and Soveraignty not a bare Dominion only like that of Jerusalem to the King of Spain XII The Duty of the Flagg that hath been so constantly pay'd to our Ancestors is of such advantage to the continuing the renown of this Nation that it serveth to imprint new reverence in Forreigners that render it and adds new courage to those of our Sea Men that exact it and since we know how much it imports a State that it be reverenced abroad and that Repute is the principal support of any Government it equally influenceth the Subjects at Home and Forreign Allies abroad And as there is no Nation in the World more tender of their Honour then the English so none more impatiently tollerate the diminution thereof with what resentments would not only the more generous and Noble but even the Popular and vulgar Sea Men detest this or any succeeding Age should they remit or loose that Regality those acknowledgements which their Predecessors with so much Glory asserted and the neglect whereof was alwaies punished as open Rebellion the indignity of such an Action being sufficient to enflame the whole Kingdom the consideration of which besides his Sacred Majesties own Royal inclination to the same and his evident testimonies never to abandon a ceremony of so high a concernment witness the exposing the one half of his own heart his Royal Highness in the asserting the same with such Fleets and in such Battles that no Age or time cannot shew a memorial of the like are causes sufficient to create in us new flames of love to those Royal Patriots and Defenders of our Rights Private Persons move in another sphear and act by other Rules then Soveraign Powers the regard of credit with them may oftentimes yield to those of utility or other motives the Publique receives little injury thereby or is their wisdom questioned for such punctilio's if they relinquish them for other Imoluments or Peace sake but Soveraigns cannot so transact their subjects the People participate in their Honour and indignities they have a property a direct Right in the former Soveraignes cannot alienate or suffer their Honours to be impaired because it is not really theirs it appertains to the Nation universally and they are all effectually injured by such transactions either because the indignity doth really extend to them or because the Government and Authority is thereupon weakned and prejudiced which is the greatest of Civil detriments that can befall a People though ordinarily they are not aware thereof As Prudence doth thus distinguish betwixt the demeanor of Private and Publique Persons so doth Charity it self for though the Gospel precepts do oblidge particular Persons to bear injuries and contumelies with patience and to surrender even the Coat as well as the Cloak yet is not this so to be construed as if even Private Christians were to yield up their Civil Rights to every insolent that would incroach upon and usurp them or that they were to deprive themselves of those Reparations which the Law and Government affords them neither is it so to be understood as if the Civil Magistrate in Christendom might not secure himself of that obedience and reverence which is due unto dignity but bear the Sword in vain XIII This being the value which this Nation did alwaies place upon the Right of the Flagg the which they never did regard it only as a Civility and Respect but as a principal Testimony of the unquestionable Right of this Nation to the Dominion and superiority of the adjacent Seas acknowledged generally by all the Neighbour States and Princes of Europe and must be pay'd and ackowledged by all Princes in the World that shall be or pass on the same The Maritime Dominion by the Laws of England were alwaies accounted the Four Seas such as are born thereon are not Aliens and to be within them is to be within the Legeance of the King and Realm of England The Records in the daies of Edward the 3d. and Henry the 5th proclaim it that those Kings and their Progenitors had ever been Lords of the Seas and amongst those many great Instances of proving the Soveraignty of the same is that famous Record of Edward the first and Phillip the Fair of France in which the Procurators of most Nations Bordering upon the Sea thoroughout Europe as the Genoeses Catalonians Almaines Zelanders Hollanders Freislanders Danes and Norwygians besides others under the Dominion of the Roman German Empire where all joyntly declare That the Kings of England by right of the said Kingdom from time to time whereof there is no memorial to the contrary have béen in peaceable possession of the Soveraign Lordship of the Seas of England and of the â—…es within the same with power of making and establishing Laws Statutes and Prohibitions of Arms and of Ships otherwise furnished then Merchant Men use to be and of taking surety and affording safe-guard in all cases where néed shall require and of ordering all things necessary for the maintaining of Peace Right and Equity among all manner of People as well of other Dominions as their own passing through the said Seas and the Soveraign Guard thereof By which it plainly appears That the King of England had then been in peaceable possession of the said Dominion by immemorial prescription that the Soveraignty belongeth unto them not because they were Domini utriusque ripas when they had both England and Normandy and were Lords of both shores for Edward the first at that time had not Normandy but that it is inseparably appendant and annexed to the Kingdom of England our Kings being Superior Lords of the said Seas by reason as the very Record mentions of the said Kingdom and since that the Soveraignty of the Sea did alwaies appertain unto the English King not in any other Right then that of the Kingdom of England no Prince or Republique ought or can doubt the Tittle by which our present claim is deduced 't is in right of Britannia that the same is challenged 't was in that right the Romans held it the claim justified Ed. 3. and his Rose Noble though there are other reasons regarding to the Lancastrian Line which yield a Colour for the use of the Port-cullis in the Roal Banners of England
Oath as their firmament though that is not so for the most part of the efficacy of such Leagues rests in the promise it self to which for Religion sake the Oath is added Hence it is that Promises made to a Free-People are in their nature real because the subject is a permanent matter although the State or Republique be changed into a Monarchy yet the League remains for that the body i. e. the power is still the same though the Head be changed And the Person is incerted into the agreement not that the agreement may be personal but to shew with whom it is made for if it be incerted into the League that it shall be perpetual or that it is made for the good of the Kingdom or with the Person and his Successors or for a time limited the same does most apparently demonstrate the thing to be real However in all Leagues which tend to Peace though there may remain somewhat whereby words of ambiguity may arise yet the most pious way of interpreting hath been to account the same rather real then Personal for all Leagues made for Peace or Commerce admit of a favorable construction Leagues defensive have more of favour offensive of burthen XVIII Leagues made with Princes although they happen afterwards to be driven out of their Kingdoms by their Subjects yet the League remains firm and good for the Right of the Kingdom remains with such an unfortunate Prince notwithstanding he hath lost his Kingdom on the other hand Leagues made with the Invader cannot be good for his cause being unjust is odious but if the people will make him King de facto and investe him the question is then out of all controversy for then he is become a King regnant and by the Laws of England if treason by committed against his Person and after he is beaten out and the King de Jure comes to his Crown the King de Jure may punish those Traytours with death The Earl of Warwick having raised an Army in France and Flanders invaded England and within five or six daies after his landing King Edwards Forces betraying him the Earl became Master of the Realm the King flying for protection to his Kinsman the Duke of Burgundy he kindly in his misfortunes entertained him yet while he was in this banished estate the Duke of Burgundy renewed the League with the English it being agreed that notwithstanding King Edwards misfortune the League remained firm and unviolable between the Duke Charles of Burgundy and the King and Realm of England So that for Edward they should name Henry who was newly taken out of the Tower by the Earl of Warwick at his chacing out of King Edward now the true reason that Leagues remain and are firm notwithstanding such a change is because there goes along with them a tacite condition viz. of holding their possessions and therefore the World wondred not that His late Sacred Majesty having sworn a League with the King of Spain expresly as he was King of Portugal did notwithstanding receive two Embassadors from the then new King of Portugal and that without being judged either in England or Spain to have broken his former Oath and League The Duke of Guise having formed the League against Henry the Third which was that in regard the King was so cold in the Profession of the Romish Faith that it was in danger to be extinguisht by the increase which he permitted of the Reformed Religion especially seeing Henry the Fourth then King of Navar was of that Religion and was to succeed to the Crown wherefore by the Mediation of Philip the Second of Spain the Pope qualified the Duke of Guise Head of that Catholique League and which in point of Government was to set him above the King avowed him Protector of the Catholique Faith in the Kingdom of France When Henry the Fourth succeeded the Crown then this League for security of Religion was most violent and the Spaniard without hoped by nourishing thus the division within to carry all for himself at last To avoid which gin and to answer all the King chang'd his Religion and negotiated by d'Ossat to be received by the Pope as a dutyful Son of the Church of Rome demanding absolution for what was past and making large promisses of due obedience for the time to come the King of Spains interest was that he should not be received and thereupon he endeavoured to perswade the Pope that King Henry did but dissemble with him and that under this disguise he would easiest ruine the Romish Religion notwithstanding this the Cardinal obtained his Reception Absolution and Benidiction through the many promises and presents which he made to His Holyness whereupon the Spaniards designes were in a moment all blown over from France but fell heavily upon the United Provinces which were sorely opprest for that they apprehended the loss and ruine of their Countrey and thereupon they implored assistance from King Henry who received their Ambassadours very gratiously and gave them assurance of relief The King of Spain who wanted no good intelligence in the Court of France immediately remonstrates to the Pope that his former inclinations concerning Henry's dissimulations did now appear in the face of all the World and that seeing His Holyness had been so credulous he knew not now whether they should be able to save the Catholique Faith from being subjected to the Reformed Religion or no for whereas the Hollanders had revolted from him only because he resolved to use the true means for the establishment of the Romish Faith among them and that now he was in a fair way of reducing them which conduced so much by his Holiness his opinion to the establishment of the Romish Faith Henry had taken their party against him in that work and that at Paris he had received their Ambassadors to that purpose although he knew they were his lawful Subjects c. This startled the Pope not a little who charged d'Ossat for having betrayed him and put the Church in danger this argument was as subtil on the Spaniards side as changing Religion was on King Henry's and therefore the Cardinal was not a little perplext how to answer it to the advantage of his Master as also coherently to the considerations of his former reception into the Church But at last he replyed That His Holyness needed not wonder how in reason of State those different Religions might joyn together for political ends without hazard of altering Religion Thus David sought protection of the Philistians and Abraham redeemed the sinful Sodomites That he took it to be upon the same ground that His Holyness himself not long before received a Persian Ambassador who was so far from being an Heretick that he never pretended to the Name of Christian that it was a plausible argument which the King of Spain used in complaining of Henry's receiving and avowing their Ambassador especially knowing
dissembled or connived at or else the Ambassadour be commanded to depart the Realm and if the crime be cruel and publiquely mischievious the Ambassadors may be sent with Letters of Request to his Master to inflict punishment according to the offence So likewise in the precaution of a great mischief especially publique if there be no other remedy Ambassadors may be apprehended and executed and if they oppose by force of Arms they may be slain In the Bishop of Rosses Case An. 13 Eliz. the question was An Legatus qui rebellionem contra Principem ad quem Legatus concitat Legati Privilegiis gaudeat non ut hostis poenis subjaceat and it was resolved that he had lost the Priviledge of an Ambassador and was subject to punishment nor can Ambassadors be defended by the Law of Nations when they commit any thing against the State or Person of the Prince with whom they reside And why Ambassadors are in safety in their Enemies Countries and are to be spared when they commit offences is not so much for their own or Masters sake but because without them there will never be an end of hostility nor Peace after Wars neither is the Name or Person of an Ambassador so inviolable either in Peace or in time of War but there may be both a convenient time and a good occasion to punish them and this standing with the Laws of Nations VII The Signiory of Venice understanding that certain Traytors who had revealed their Secrets to the Turk were fled for protection into the House of the French Ambassador at Venice sent Officers to search the Ambassador's House but the Ambassador refusing them enterance the Senate commanded certain Cannon to be brought out of the Arsenal to beat down his House which when he saw planted he surrendred up the Traytors 1 The Ambassadors of Tarquins Morte affligendos Romani non judicarunt quanquam visi sunt ut hostium loco essent jus tamen Gentium voluit 2 The State of Rome though in case of most capital crimes exempted the Tribunes of the People from question during the Year of Office 3 The Ambassadors of the Protestants at the Councel of Trent though divulging there the Doctrine of the Church contrary to a Decree there enacted a crime equivalent to Treason yet stood they protected from any punishment It is generally consented by all the Civilians That Legis de jure Gentium indictum est eorum corpora salva sint propter necessitatem Legationis ac ne confundant jura commercii inter Principes 4 Viva the Popes Legates was restrained by Henry the Second for exercising a Power within his Realm not allowed or admitted of by the King in disquiet of the State and forced to swear not to act any thing in praejudicium Regis vel Regni 5 On the other hand it has been answered that they are by the Laws of Nations exempted from Regal Tryal all actions of one so quallified being made the act of his Master or those whom he represents until he or they disadvow and injuries of one Absolute Prince or State to another is factum hostilitatis and not Treason the immunity of whom Civilians collect as they do the rest of their grounds from the practise of the Roman State deducing their Arguments these examples The Fabii Ambassadors from Rome were turn'd safe from the Chades with demand of Justice against them only although they had been taken bearing Arms with the Ethurian their Enemies Titus Liv. 2. Dec. 6 King Edward the Second of England sent amongst others a French Gentleman Ambassador into France the King upon this arraigned him as a Traytor for serving the King of England as Ambassador who was his Enemy but the Queen procured his pardon 7 Henry the Third did the like to one of the Popes Ambassadors his Colleague flying the Realm secretly fearing timens pelli sui as the Records has it Edward the First restrained another of the Popes turbulent Embassadors untill he had as his progenitors had informed the Pope of the fault of his Minister and received satisfaction for the wrongs 8 Henry the Eighth commanded a French Ambassador to depart presently out of the Realm but because he was the professed enemy of the Seat of Rome 9 Lewis de Prat Ambassador for Charles the Fifth was commanded to his house for accusing falsly Cardinal Wolsey to have practised a breach between Henry the Eighth and his Master to make up the amity with the French King 1523. 10 Sir Michael Throgmorton by Charles the Nineth of France was so served for being too busie with the Prince of Condy his faction 11 The Popes Ambassador at Paris was arraigned for practising certain Treasons in France against the King in the Parliament of Paris and was there found guilty and ccommitted to Prison 12 Doctor Man in the Year 1567 was taken from his house at Madrit in Spain and put under a Guard to a straighter Lodging for breeding a scandal as the Condo Teri said in using by Warrant of his place the Religion of his Countrey although he alledged the like permitted to Guzman de Silva their Ambassador in England and to the Turke no less then in Spain 13 Francis the First King of France sent Caesar Trâ—…gosus and Anthony Rincone Ambassadors to the Turk they were surprised by the Armies of Charles the Fifth on the River Poe in Italy and were put to death the French King complained that they were wrongfully murdered but the Emperor justified their death for that the one being a Genois and the other a Milanois and his Subjects feared not to serve the King his Enemy 14 Henry the Eighth being in League with the French and at enmity with the Pope who was in League with the French King and who had sent Cardinal Poole to the French King of whom King Henry demanded the Cardinal being his Subject and attainted of Treason sed non praevaluit 15 Samuel Pelagii a Subject to the King of Morocco pretended that he was an Ambassador sent unto the States General of the United Provinces he came to them and accordingly they did treat with him afterwards he departed and being upon the Sea he did take and spoil a Spanish Ship and then came into England the Spanish Ambassador here having received intelligence of the spoliation caused his Person to be seized upon intending to proceed against him as against a Pyrat and imprisoned him and upon conference with the Lord Coke Dordridge and other Judges and Civilians they declared their opinions That this Caption of the Spaniards Goods by the Morocco Ambassador the same is not in Judgement of Law a Pyracy in regard it being apparent that the King of Spain and the King of Morocco are enemies and the same was done in open Hostility and therefore in Judgement of Law could not be called Spoliatio sed legalis Captio and a Case out of 2 R. 3. fo 2.
not Aliens Scotland is a Kingdom by union and therefore those that were born in Scotland under the allegiance of the King as of his Kingdom of Scotland before the Crown came united were Aliens born and such plea against such Persons was a good plea but those that were born since the Crown of England descended to King James are not Aliens for they were born sub side legiantia Domini Regis so those that are born at this day in Uirginia New England Barbadoes Jamaiâ—…a or any other of his Majesties Plantations and Dominions are natural born Subjects and not Aliens so likewise those that are born upon the King of England's Seas are not Aliens X. But if an Alien be made an Abbot Prior Bishop or Dean the plea of an Alien we shall not disable him to to bring any real or mixt action concerning the possessions that he hold in his politique capacity because the same is brought in auter droit The like Law is for an Executor or Administrator because the recovery is to anothers use If an action is brought against an Alien and there is a Verdict and Judgment against him yet he may bring a writ of Error and be plaintif there and that such plea is not good in that case Though an Alien may purchase and take that which he cannot keep nor retain yet the Law hath provided a mean of enquiry before he can be devested of the same for until Office be found the free-hold is in him And this Office which is to gain to the King a Fee or Free-hold must be under the Great Seal of England for a Commission under the Exchequer Seal is not sufficient to entitle the King to the Lands of an Alien born for the Commission is that which gives a title to the King for before that the King hath no title but in cases of Treason there upon Attainder the Lands are in the King without Office and in that case to inform the Court a Commission may go out under the Echequer Seal XI If an Alien and a Subject born purchase Lands to them and to their Heirs they are joint tenants and shall join in Assize and the Survivor shall hold place till Office found By the finding of this Office the party is out of possession if the same be of Houses or Lands or such things as do lye in livery but of Rents Common advowsons and other Inheritances incorporeal which lye in grant the Alien is not out of possession be they appendant or in gross therefore if an Information or an Action be brought for the same the party may traverse the Office in that Court where the Action or Information is brought for the King And if the King obtains not the possession within the year after the Office found he cannot seize without a scire facias It is not for the Honour of the King an Alien purchasing of a Copyhold to seize the same for that the same is a base tenure and so it was adjudged where a Copy-hold was surrendred to J. S. in trust that one Holland an Alien should take the profits thereof to his own use and benefit upon an Inquisition taken it was adjudged the same was void and should be quashed because the King cannot be entitled to the Copyhold Lands of an Alien nor to the use of Copyhold Lands as the principal case was An Alien Infant under the age of 21 years cannot be a Merchant Trader within this Realm nor can he enter any goods in his own name at the Custom-house If an Englishman shall go beyond the Seas and shall there become a sworn Subject to any Forraign Prince or State he shall be look'd upon in the nature of an Alien and shall pay such Impositions as Aliens if he comes and lives in England again he shall be restored to his liberties An Alien is robbed and then he makes his Executor and dyes and afterwards the goods are waift the Lord of the Franchise shall not have them but the Executors Vide Stat. 13. E. 4. All personal actions he may sue as on a Bond so likewise for words for the Common Law according to the Laws of Nations protects Trade and Traffique and not to have the benefit of the Law in such cases is to deny Trade CHAP. III. Of Naturalization and Denization I. Whether the Kings of England can naturalize without Act of Parliament II. What operation Naturalization hath in reference to remove the disability arising from themselves III. What operation naturalization hath as in reference to remove deffects arising from a lineal or collateral Ancestor IV. A Kingdom conquered and united to the Crown of England whether by granting them a power to make Laws can implicitely create in them such a Soveraignty as to impose on the Realm of England V. Of Persons naturalized by a Kingdom dependant whether capable of imposing on one that is absolute VI. Of Kingdoms obtained by conquest how the Empire of the same is acquired and how the Conqueror succeeds VII Ireland what condition it was accounted before the Conquest as in reference to the Natives of the same and whether by making it a Kingdom they can create a Forraigner as a natural born subject of England VIII Of Aliens as in reference to the transmission of their Goods Chattels by the Laws of France IX Of the Priviledges the Kings of England of old claimed in the Estates of Jews dying comorant here and how the same at this day stands X. Of Persons born in places annexed or claimed by the Crown of England how esteemed by the Laws of the same XI Of Denization and what operation it hath according to the Laws of England XII Where an Alien is capable of Dower by the Laws of England and where not and of the total incapacity of a Jew XIII Whether a Denizon is capable of the creation and retention of Honour by the Laws of England I. THe Father and the Mother are the fountain of the blood natural and as it is that that makes their Issue Sons or Daughters so it is that that makes them Brothers and Sisters but it is the civil qualifications of the blood that makes them inheritable one to the other and capable of enjoying the immunities and priviledges of the Kingdom but that is from another fountain viz. The Law of the Land which finding them legitimate doth transplant them into the Civil rights of the Land by an Act called Naturalization which does superinduce and cloath that natural consanguinity with a Civil hereditary quality whereby they are enabled not only to inherit each other but also to enjoy all the immunities and priviledges that meer natural born Subjects may or can challenge II. According to the Laws of Normandy the Prince might naturalize but such naturalization could not divest the descent already vested But according to our Law by no way but by Act of Parliament and that cures the defect as
as the Conqueror should transmit to them all which are the tokens of a Nation by conquest made subordinate to the Conqueror and are part Heril and part Civil and though they may remain a Kingdom and absolute within themselves as to the making of Laws to the obliging each other yet they can no wayes impose on their Conqueror for though that be true which in Quintilian is alledged on the behalf of the Thebanes that that only is the Conquerors which he holds himself but an Incorporeal right can not be holden and the condition of an Heir and of a Conqueror is different because the right passeth to the former by the descent but only the thing by the last by virtue of the Conquest But certainly that is no objection for he that is master of the Persons is also master of the things and of all right which does belong to the Persons for he that is possessed dotâ—… not possesse for himself nor hath he any thing in his power who hath not himself and so it is if he leaves the right of a Kingdom to a conquered People he may take to himself some things which were the Kingdoms for it is at his pleasure to appoint what measure he will to his own favour from hence it is we may observe what fort of Empire that Kingdom is at this day VII Now Ireland before the same became united to the Crown by the Conquest of Henry the II. the natives were meer Aliens and out of the protection of the Laws of this Realm yet when once they became a conquered People and subject to the Crown of England and united ad fidem Regis there did arise their allegeance but that union neither made them capable of the Laws of England nor of their own till such time as the Conqueror had so declared them now what do they desire in order to revive their Government First they humbly beg of King Henry II. that since he was pleased that they should remain as a distinct Dominion that their ancient Customes or Usages should not continue that he would be pleased to ordain that such Laws as he had in England should be of force and observed in Ireland pursuant to which he grants them power to hold Assemblies by the three Estates of the Realm and that they should be regulated according to the institution and manner of the Parliaments in England should have the benefit of Magna Charta and other the great Laws of England and by such means puts them into a method of Governing themselves according to the known wayes of England and to make such Laws as should bind among themselves and by following the example of those of England their Judgment might be supervized and corrected according to the Justice and Laws of England by Writs of Error Appeal and the like Now here is no continuing or reviving their Ancient Government but the introducing a new one part Civil and part Heril nor indeed had they before any such thing as a Parliament there or general Assembly of the three Estates for when Henry the II. went over there were several Kings or Scepts who had their several and distinct Assemblies but when they submitted this great Assembly of Estates which he constituted was a collection out of all of them for their future well Government so that whatsoever modus of Regiment the Conqueror declared it was no more then for the well Governing of the Place and making such Laws as were necessary and proper amongst themselves But for them to impose by vertue of an Act of Naturalization upon an absolute Kingdom as England without the consent of the three Estates of the same surely was never intended much less effected the case is both great and curious therefore c. VIII By the Laws of France all Persons not born under legeance of that King are accounted Aliens and if they dye the King is entitled to the estate for all shall be seized into his Exchequer or Finances but if they make a Will the prerogative is disappointed Yet that extends only to Chattels personal in which Strangers passing through the same have greater immunities then Aliens there resident for Travailers dying without Will the Heirs or Executors shall have benefit and possession of their Estates IX The like Priviledge the Kings of England formerly claimed in the Goods and Estates of the Jews after their death if the Heir sued not and paid a fine to the King to enjoy them as by this Record appears Irratores super sacrum suum dicunt quod praedictum Messuagium fuit quondam Eliae le Bland qui c. diem claufit extremum quia mos est Judaeismi quod Dominus Reg omnia Cattalla Judaei mortui de jure dare poterit cui voluerit nisi propinquer haeres ejusdem Judaei finem feceret pro eisdem dicunt quod Dominus Rex dictum Messuagium dare poterit cui voluerit sine injuria alicui facienda si ita quod sit haeres dicti Eliae finem non fecerit pro Catallis ejusdem Eliae habendis c. But whether the same is now used may seem doubtful for the goods of Aliens escheat not at this day to the Crown but Administration shall be committed to the next of Kin. X. By the Laws of France Flanders Milan and the French County of Savoy though possessed by several other Princes yet the Natives of the same partake in the immunities with the natural born Subjects of France and if they dye without Will their Heirs claim their Estates the reason given because say they those Countreys were never alienated from them but were alwayes annexed to the Crown of France who acknowledges them to be their Subjects to this day But in England it is otherwise for those that are born in Gascoin Normandy Acquitain and those other Territories which were formerly the possessions of the Crown of England in which if any had been born when subject to the same they would have been natural born Subjects yet now are esteemed Aliens and so was the case vouched by Shard of a Norman who had robbed together with other English divers of his Majesties Subjects in the Narrow Seas being taken and arraigned the Norman was found guilty only of Fellony and the rest of Treason for that Normandy being lost by King John was out of the allegiance of Ed. 3. and the Norman was accounted as an Alien XI In France the Kings may there Denizize so likewise here in England but with this difference the Letters of Denization by those of France remove the totall disability and incapacity of the Alien But in England the Charter of Donasion or Denization is but a temporary partial and imperfect amotion of the disability of an Alien for though it puts the Person Indenizen'd as to some purposes in the condition of a Subject and enables a transmission hereditary to his Children born after the Denization
ought not to be done by Nations in Amity 1. 1. 9 Restitution of the overplus the debt and damages satisfied 1. 2. 22 Restitution only to be made in that Country whither the Vessel is carried 1 4. 14 Scavage WHat and for what due 2. 14. 1 Sea Princes may have an Exclusive Property in the same 1. 5. 11 It is a common High-way and such as are born on the same not Aliens 1. 5. 13 Princes may have an exclusive property in the same 1. 5. 2 Subject to protection and to be divided amongst men 1. 5. 4 5 Sea inseparably appendant to the Kingdom of England 1. 5. 13 Not without protection 1. 5. 6 The British Sea the Dominion vindicated by King Edgar and others 1. 5. 7 British Sea is the 4. Seas 1. 5. 18 Kings of England have istum Regimen exclusivè of the Kings of France 1. 5. 11 The importanee of the same to the Crown of England 1. 5. 14 The British Sea ever belonged to the Empire of this Isle 1. 15. 2 The Extent thereof and the King of England's Right on the same how far agreed by the Dutch Treaty 1. 15. 3 Servitude or Slavery Brought in by the Lawes of Nationt 3. 1. 1 Those that continue in that state can have nothing of their own 3. 1. 2 Children are Slaves and the Reasons that fiâ—… introduced that Dominion 3. 1. 4 Refuge was granted by the Jewes to such 3. 1. 5 Slavery become obsolete in Christendome 3. 1. 6 Servitude in some respects may stand at this day 3. 1. 7 A Slave might be imprisoned at the will of his Lord 3. 1. 9 Sheriff May sell bona peritura of Shipwrackt Goods 2. 5. 8 Ships In necessity may take Goods from another by force of Arms 1. 4. 18 Ships gain'd by an Enemy in Battail and regain'd where the property is lost 1. 1. 7 Ships of Warr retaking a Prize from an Enemy restitution of the same where made ibid. Fire Ships not subject to Quarter 1. 14. 12 Ships where subject to an Embargo by the Laws of Enemies 1. 1. 11 Ships of Friends freighted with the Goods of Enemies 1. 1. 12 Ships taken by Letters of Marque ought to be carried infra presidia of that Prince or State by whose Subject the same were taken 1. 2. 19 Ships taken by a lawful Commission but the property not being changed by the Lawes of Nations the persons may be questioned Civiliter but not Criminaliter 1. 1. 4. Ships may be Pressed for Publique Service 1. 6. 1 4 Though the Vessels of another Prince in Amity be they private or publique 1. 6. 2 4 Ships Pressed ought not to be imployed but on publique occasions 1. 6. 3 The punishment of those that shall break the Arrest 1. 6. 4 Newly built ought to make one Voyage before the Owners can part 2. 1. 3 King of England's Ships are not to strike to any Ship whatsoever generally and when out of Courtesie they may 1. 15. 6 Are to Salute Castles and Ports of Strangers and how the same is regulated 1. 15. 7 The Commanders of them are not to Salute their Admiral or Commander in Chief after they have done it once 1. 15. 9 Second Rate Ships when they are to Salute Noble-men coming aboard 1. 15. 9 Their Duties in Salutations 1. 15. 9 10 11 Ship taken in pieces and rebuilt is another Ship but if ript up only to the Keel otherwise 2. 1. 6 Ship repaired with another mans Plank who are the Owners 2. 1. 7 By the Sale of the Ship with all her Apparel and Instruments thereto belonging the Ship Boat passes not 2. 1. 8 May be Mortgaged in time of necessity 2. 2. 14 The various way of Freighting them 2. 4. 1 Perishes the Freight vanishes 2. 4. 13 Ships Encountring each other how the damage is to be settled 2. 9. 7 Not having two Decks and 16 Guns are to pay one per-Cent over and above the Book of Rates 2. 13. 3 Burning any of his Majesties Ships the party to be punished with death 1. 14. The Kings Ships and their Provisions not to be imbezelled uâ—…r they by negligence or wilfulness destroyed 1. 14. 24 The French Ships are to pay 10 s. for every Passenger that shall passe in or out of this Kingdome 2. 13. 1 Societies They make but one Body and are to make but one single Entry of their Goods 2. 13. 13 Where their debt obliges each Member and where not 1. 2. 2 3 A Bill accepted by one binds not the rest though it may the party acceptor 2. 10. 19 Superiours not responsible to Inferiours by the Lawes of Nations 1. 4. 18 Spies Lawful by the Lawes of Nations how used if catch't 1. 14. 21 1. 13. 6 Ships in that Service not obliged to Fight 1. 13. 7 Spoyl Goods may be as well spoyled as taken 1. 1. 15 Spoliatico the difference between that and Legalis Captio 1. 1. 9 The Spoyl or Prize is to be equally divided as well to those Ships that are present as those that attaque and enter 1. 2. 10 States May execute the Judgments of each other 3. ult 8 But not in cases of Life or Honour 3. ult 9 Subjects Share in the Indignity offered to their Prince 1. 15. 16 Subsidy On what it issues out 2. 12. 8 How the same is governed upon Woollen Cloaths 2. 12. 11 Care WHen to be allowed and for what 2. 13. 14 Traytors It is lawful to make use of a Traytor but not to make one 1. 14. 20 Treason in an Alien is to be tryed by the course of the Common-Law and not per medietatem 3. 4. 5 Treason out of the Realm may be tryed within the Realm 3. 4. 7 Treason Is subject to be punished every where 1. 11. 2 They are to be delivered up 1. 11. 4 If Treason in killing an Ambassadour Creaties Of Truce for years settles a Peace and preserves the Honour of each party 1. 9. 3 Less subject to a Rupture then a Peace 1. 9. 4 Breaches of Truces how punishable 1. 9. 5 Tribute It is lawful to pay Tribute to Caesar what is meant by the same 1. 12. 2 Vide Customes Tiumphs Their Antiquity Use and Advantage 1. 14. 29 Trust. A Stock in a Company is a Trust and is governed accordingly 2. 11. 6 Tryals Tryal of Warr must be by the Records of Courts and not Juries 1. 1. 6 Tryals per medietatem their Antiquity 3. 4. 1 It matters not of what Tongue so the moyety are Aliens 3. 4. 3 If both parties are Aliens then all are to be Natural born Subjects ibid. May pray Venire facias as well after the awarding the Venire as before 3. 4. 4 Vacancy GIves a Right to plant 3. 5. 2 Civil vacancy what is meant by the same 3. 5. 3 Victuals Failing a Shipboard what every one hath a Shipboard may be brought forth 1. 1. 4 Voyage Voyage when the same begins 2. 7. 10 Trading Voyage but one Voyage 2. 4.
not so kind to the English when the Dutch Fleet fell into their Road where rid at the same time some English Merchants Men whom they assaulted took burnt and spoil'd for which action and not preserving the Peace of their Port they wereby the Law of Nations adjudg'd to answer the dammage and I think have pay'd most or all of it since But Enemies in their own Ports may be assaulted burnt or destroy'd by the Law of Armes XI If the Ships of any Nation happens to arrive in any of the King of Englands Ports and afterwards and before their departure a War breaks out they may be secured priviledged without harm of Body or Goods but under this limitation till it be known to the King how that Prince or Republique of those whose Subjects the Parties are have used and treated those of our Nation in their Ports But if any should be so bold as to visit our Ports after a War is begun they are to be dealt with as Enemies XII By the Laws of Nations generally all things are the Captors which he takes from his Enemy or which his Enemies gain'd from another by force of Arms so likewise all those Goods that he shall find in his Enemies custody But then it must be apparently manifest and evidently prov'd that it is really the Enemys for if an English-Man should have Goods in the custody of a Dutch Factor at Cales and a War should break out between that Prince and that Republique yet are not the Goods of the English-Man subject to the seizure of the Spaniard it being apparent the owner is not a Subject of their Enemies So likewise if the Goods of Friends are found in the Ships of Enemies this does not ipso facto subject the same to be prize by the Laws of Nations though it be a violent presumption and may justly bear a legal examination till which there may be a securing of the prize till adjudication shall pass So on the other hand if the Ships of Friends shall be fraighted out to carry the Goods of Enemies this may subject them to be prize especially if the Goods shall be laden aboard by the consent or privity of the Master or Skipper though in France they have subjected and involv'd the innocent with the nocent and making both of them prize in the late Flemish Wars with England the Ostenders became obsequious serviceable with their Ships to the Traffick and commerce of both Nations memorable was the action when the War was between the two Republiques Venice and Genoa the Grecian Ships being then imploy'd as those of Ostend were search'd and the Enemies pull'd out but no other matter done however it is most certain let the Commission or Protection of such Ships be what they will if Men will venture to trade under such a cloak it behoves them that the Skipper and his Crew be entirely ignorant for it is his Action that will go far in the freeing or making absolute the prize and Goods so made prize the property is immediately gone and changed be the Owner be who he will he never can claim the same for the Laws of Nations made the Enemies first masters by external Dominion and then by Conquest gave the property to the Captor following that Judgement of the Romans whatsoever they got of their Enemies by valour they would transmit to their Posterity by right XIII 'T is not against nature to spoil the Goods of him whom it is lawful to kill and by the Laws of Nations it is permitted that the Goods of the Enemies may be as well spoiled as taken and Polybius observes that all things of the Enemies may be spoiled their Ships Goods Forts c. XIV And though it may happen sometimes that a War may break out and there may be no public denouncing or proclaiming the same that if a Friend or Neuter should assist an Enemy with Contraband Goods that is Armes c. whether upon such a caption the Goods may be made prize the resolution of which will depend on these Considerations First by Natural Law where either force offer'd is repelled or punishment exacted of one that hath offended there needs no denunciation for Princes are not to stand debating with words or arguments being injured beyond words For War undertaken to resist violence is proclaim'd not by an Herauld but by Nature for it is no more then the invading of one for another or taking of the Goods of the debtor to answer the creditor damage Secondly Interpellation is introduced by the Laws of Nations whereby Princes or Republiques having received injuries may apparently shew that they had no other way to recover their own or that which is due to them for such Interpellation following after injuries committed constitutes that Prince or State in a fault that shall not render satisfaction Thirdly admitting that Interpellation hath gone and satisfaction hath been required for the dammage and no satisfactory return hath been made whether then the Ships or Territories of the Enemy may be assaulted and for that it has been conceiv'd they may for denunciation is no more but to signify that the Parties against whom the same is commenc't are unjust and will not do right and therefore War is begun by the Supream Power now Princes or Republiques having done that which by the Law of Nature they were not oblig'd to do that is after a wrong done abstain'd from War by Friendly demanding of satisfaction or reparation which is requir'd only by the Laws of Nations and publique Justice being deny'd them there remains no other or further obligation on the State the same amounting and indeed is an apparent defiance and Proclamation is no other So that if Indiction is not necessary the caption of such Ships may subject them to be prize perhaps the Leagues of the several Countries may have provided for cases of the like nature XV. And although the Goods of Friends according to the circumstance of the case may be preserv'd by adjudication and restor'd to their owner yet all manner of Goods have not that priviledge for though the Freedom of Trade preserves the Goods of Friends against the rigour of War yet it does not those Goods that supplies the Enemy for War as Mony Victuals Ships Armes and other things belonging thereto for to supply an Enemy that invades our right or seeks the destruction of our Countries is a liberality not to be allow'd of and it certainly stands with necessity that if I cannot safely defend my self or endamage my Enemy without intercepting the things sent it may justly be done but when such Goods are seized whether they give the Captor a right of property or a right by retention to compel that neuter Nation to give Caution for the future by Hostages or Pledges not to supply the Enemy may be a question The Romans who had brought Victuals to the Enemies of Carthage were taken by the
up he must bear his equal share and proportion with the rest The Master cannot on every case of necessity impawn the Vessel or Furniture for if she be Freighted and he and the Owners are to joyn in the laying in of the provisions for the Voyage and parhaps he wants money a great sign of necessity yet can he not impawn the Vessel or Furniture any other or further then for his own part or share in her the which he may transfer and grant as a man may do an 8th or 5th part in Lands or Houses But such obligation of the Vessel must be in forreign parts or places where the calamity or necessity is universal on the Vessell XVI If the Vessel happens afterwards to be wreckt or cast away and the Marriners by their great pains and care recover some of the ruines and lading the Master in that case may pledge the same the produce of which he may distribute amongst his distressed Marriners in order to the carrying them home to their own Countrey But if the Marriners no wayes contributed to the Salvage then their reward is sunk and lost with the Vessel But if there be any considerable part of the lading preserved he ought not to dismiss his Marriners till advice from the Laders or Freighters for otherwise perchance he may be made lyable If Merchants Freight a Vessel at their own charges and set her to Sea and then happens afterwards to be Weather-bound the Master may impawn either Ship or Lading at his pleasure or at least such as he could conveniently raise moneys on rather then see the whole Voyage lost And if he cannot pawn the Lading he may sell the same that is so much as is necessary in all which cases his act obliges However Orders and Instructions are as carefully to be look'd upon and followed as the Magnate XVII He is not to Import into or Export out of any the English Plantations in Asia Affrica or America but in English or Irish Vessels or of the Vessels built and belonging to that Country Island Plantation or Territory The Master and 3 fourths of the Marriners to be English upon forfeiture of Ship and Goods And if otherwise they are to be look't upon as Prize and may be seized by any of the Kings Officers and Commanders and to be divided as Prizes according to the Orders and Rules of the Sea All Goods of the Growth of his Majesties Plantations are not to be imported into England Ireland or Wales Islands of Jersey or Guernsey but in such Vessels as truly belong to Owners that are of England Ireland Wales Jersey or Guernsey and three fourths at least of the Marriners are to be English upon forfeiture of Ship and Goods The Goods and Wares of those Plantations and brought in such manner as aforesaid must be brought from those very Countries of their several productions and growths or from the Ports where they are usually shipped out on forfeiture of Ship and Goods XVIII No Ship to go from Port to Port in England Ireland Wales Jersey or Guernsey or Berwick unless the Owners are Denizens or Naturalized and the Master and 3 fourths to be English All Owners must swear that their Vessels or Ships are their own proper Ships and Vessels and that no Forreigner has any share or part in her and must enter the same and that she was bought for a valuable consideration Bona fide Nor to bring in any goods from any place but what are of the growth of that very Country or those places which usually are for the first Shipping on pain of forfeiture of their Vessel and Furniture This does not extend but Masters may take in goods in any part of the Levant or Streights although they are not of the very growth of the place so that they be imported in English Ships 3 fourths English Marriners So likewise those Ships that are for India in any of those Seas to the Southward and Eastward of Cabo bona Speranza although the Ports are not the places of their very growth Any people of England may import the Master and Marriners 3 fourths English any goods or wares from Spain Portugal Azores Madera or Canary Islands Nay in Ships that are not English built Bullion may be imported so likewise in those that are taken by way of Prize Bona fide But Sugars Tobacco Cottens Ginger Indicoes Fustick or any other dying Wood of the growth of his Majesties Plantations are to be Shipped carryed or conveyed from any of the English Plantations are to be carryed to no place in the world but are to come directly for England Ireland Wales or Barwick upon pain of forfeiture of Ship and goods and the Master is to give bond with one Security in a Thousand pound if the Ship be under the burden of a 100 Tuns and 2000 l. if above that upon Lading he brings his Ship directly into England Ireland Wales or Berwick the danger of the Seas excepted so likewise they are to do the same for the Ships that shall go from the Plantations at the Plantations to the Governour upon forseiture of the Ship and Goods XX. When the Master shall arrive at Gravesend he shall not be above 3. dayes coming from thence to the place of discharge nor is not to touch at any Key or Wharfe till he comes to Chesters Key unless hindred by contrary Winds or draught of Water or other just impediment to be allowed by the Officers And likewise he or his Purser are there to make Oath of the Burthen Contents and Lading of his Ship and of the marks number contents and qualities of every parcel of Goods therein laden to the best of his knowledge also where and in what Port she took in her Lading and what Country built and how manned who was Master during the Voyage and who the Owners And in out-Ports must come up to the place of unlading as the condition of the Port requires and make Entries on pain of 100 l. Nor is such Master to lade aboard any Goods outwards to any place whatsoever without Entring the Ship at the Custome-House of her Captain Master Burthen Guns Ammunition and to what place she intends and before departure to bring in a Note under his hand of every Merchant that shall have layd aboard any Goods together with the marks and numbers of such Goods and be sworn as to the same on pain of 100 l. No Captain Master Purser of any of his Majesties Ships of Warr shall unlade any Goods before Entry made on pain of 100 l. Note There is a List of all Forraign built Ships in the Exchequer and that no Forraign Ship not built in any of his Majesties Dominions of Asia Affrica or America after 1. Octob. 1662. and expressly named in the List shall enjoy the Priviledges of a Ship belonging to England or Ireland although owned and manned by English except onely such as are taken by way of reprize
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
And were Tertullian alive he would have Recanted that Opinion of his That none would be a Publican but a Heathen VI. Customes are Duties certain and perpetual payable to the King as the Inheritance of his Crown for Merchandizes transported from and beyond the Seas from one Realm to another Magna Custuma antiqua is payable out of Native Commodities scilicet Wooll Woollfels and Hides and that is certain imposed And this Custome which is called Magna Custuma is due to the King of Common Right for Four Causes 1. For leave to depart the Kingdome and to carry Commodities of the Realm out of it 2. For the Interest and Dominion which the King hath in the Sea and the Arms thereof 3. Because the King is the Guardian of all the Ports within the Realm Custos totius Regni 4. For Whaftage and Protection of Merchants upon the Seas against the Enemies of the Realm and Pyrats VII The Custome which is called Parva Custuma is a Custome or Duty payable by Merchants Strangers and begun in the time of King Edward the First when they granted him that they would pay to him and his Heirs 3 d. in the pound for all Merchandizes Exported and Imported by them c. And that the Charter was and may be of great Use I have here inserted the same as it was Faithfully Transcribed out of the Roll in the Tower For Merchant Strangers concerning Liberties granted to them THe KING to his Archbishops c. sendeth Greeting Concerning the good Condition of all the Merchants of the Kingdoms Lands and Provinces underwritten That is to say Germany France Spain Portugal Navarr Lombardy Tuscany Provence Cathalonia Our Dukedoms of Aquitain Tholous Turein Flanders Brabant and all other Lands and forrein places by what name soever called coming into Our Kingdome of England and there remaining We being very solicitous out of Our especial Care that under Our Dominion a freedom of Tranquility and full Security for the said Merchants may be provided for the future so as they may the more readily applythemselves to the service of Us and of Our Kingdome We graciously answering their Petitions and ordaining more amply for securing their Condition in form following underwritten are pleased to grant to the said Merchants for Us and Our Heirs for ever Imprimis That is to say That all Merchants of the said Kingdomes and Lands may come from any other place safe and secure under Our Tuition and Protection into Our said Kingdome of England and every where within Our Dominion with their Merchandizes of what sort soever and be unmolested and quiet concerning Murage Pontage and Pavage and that within Our said Kingdom and Dominion they may Traffique in the Cities Boroughs and Market Towns onely in gross as well with Natives or Inhabitants of this Our Kingdom and Dominion aforesaid as with Strangers Forrein and Domestick But so as their Wares vulgarly called Mercery or the SPECIES thereof they may sell by retail as formerly hath been accustomed And that all the said Merchants may carry or cause to be carried whither they please their Merchandize which they have brought into Our said Kingdom and Dominion or otherwise acquired Except to the Lands of the manifest and notorious Enemies of Our Kingdom paying the Customs which shall be due Wines onely excepted which shall not be exported out of Our said Kingdom or Dominion after they have been Imported into Our said Kingdom or Dominion without Pleasure and special Licence by any way or means whatsoever Item That the said Merchants may lodge in the Cities Boroughs Towns aforesaid at their own pleasure and there stay with their Goods to the content of them who entertain them Item That every Contract made by the said Merchants with what persons soever and from what places soever for what kind of Merchandizes soever shall be firm and stable so that neither of the Merchants shall depart from or go back from his bargain after a Gods-penny is given and received between the principal persons contracting and if it happen that a Contention arise on the said Contract there shall be a Tryal or Inquisition according to the Usages and Customs of the Fairs and Towns where such contract shall be made or begun Item We promise to the aforesaid Merchants and for Us and Our Heirs for ever grant That We by no meanes whatsoever will make nor suffer to be made any Prize or Arrest or detention by occasion of Prise for the future upon their said Wares Merchandizes or other their Goods by Us or by any other or others in any case and necessity whatsoever against the will of the said Merchants without the price presently paid for which the said Merchants might sell to others wares of the like sort for or otherwise to satisfie them so as they shall repute themselves contented And that no Appraisement or value shall be put upon the said Merchants Wares Merchandizes or Goods by Us or Our Ministers Item We will That all Bayliffs and Officers of Fairs Cities Boroughs and Market Towns shall do speedy Justice to the said Merchants complaining to them from day to day without delay according to the Merchants Law concerning all and every thing which by the said Law may be determined And if any defect shall happen to be found in any of Our Bayliffs or Ministers aforesaid whereby the said Merchants or any of their Factors shall suffer loss although the Merchant recover his losses against the party in the whole Yet nevertheless the Bayliff or other Ministers of Ours as the fault requires shall be punished and We grant the said punishment in favour of the Merchants aforesaid for compleating their right Item That in all kinds of Pleas saving in the case of Crime for which the pain of Death is liable to be inflicted where the Merchant shall be impleaded or he implead another of whatsoever condition â—…e that is impleaded be of whether a Forreiner or a Domestick in the said Fairs Cities or Boroughs where there is a sufficient plenty of Merchants of the Lands aforesaid and Inquisition there ought to be made Half of the Inquisition shall be of the said forrein Merchants and the other half of honest and lawful men where the Plea happens to be And if a sufficient number of the Merchants of the said Lands shall not be found let those be put in the Inquisition who shall be found fit in that place and let the residue be of other good and fit men in the places in which that plaint shall be Item We will Ordain and appoint That in every Market Town and Fair of Our said Kingdom and elsewhere within our Dominion Our Weight is to be put in a certain place and before weighing thereof the Scale to be empty in the presence of Buyer and Seller and the arms thereof to be equal and when he hath set the Scale equal he is forthwith to take off his hands so that it
him on the face and gave him a push on the back and after this he was Registred for a Freeman This being performed the Servant having his head shaven purposely at that time received a Cap as a Token of Liberty Tertullian observes That at this time of their Manumission the Servants received from their Masters a white Garment a Gold Ring and a new Name added to their former By the Laws of England every Subject Born within the Kings Dominions is a Freeman of this Realm as appears by the Grand Charter Cap. 14. yea though he be a Bond-Slave to a Subject But a Stranger Born is no Free-man till the King have made him a Denizon in whose Power alone without the help of any other one may be made Free To be a Freeman of the Realm the place of Birth is held more considerable than the Quality of the Person Yet by the opinion of Hussey Chief Justice in 1 R. 3. fo 4. And in Calvins Case of the Post Nati it is held for Law That if Ambassadors of this Realm have Children Born in France or else where the Father and Mother being Natural Born Subjects the Children are Free of the Realm of England But if either the Father or the Mother of such Children were an Alien then are not those Children Free But the Law is conceived to be otherwise at this day The Statute de Natis ultra mare 25 E. 3. Cap. declares the Issue Born of an English-man upon an English-woman shall be a Denizon for upon the Construction of this Statute it has been adjudged more than once That if an English-man marry a Foreiner and has Issue by her Born beyond Seas the Issue is a Natural Born Subject IX Disfranchising by the Romans called Capitis diminutio was Three fold Maxima Media Minima the least degree was when the Censors pulled a Man from a higher Tribe down to a lower and less Honourable or when by any Censure they disabled a man from suffraging or giving his Voice in the publick Assemblies such as were thus in the last manner punished were termed Aerarii and in aerarios veluti quia omnia alia jura Civium Romanorum preterquam tributi aeris conferendi amiserunt Gellius relates That P. Scipio Nascica and M. Pompilius being Censors taking a view of the Roman Knights observed one of them to be mounted on a lean starvling Horse himself being exceeding fat whereupon they demanded the Reason why his Horse was so lean himself being so fat his Answer was Quoniam ego inquit me curro statius mens servus By the Ancient Laws of England and by the Great Charter no Freeman shall be taken or Imprisoned but by the Lawful Judgment of his Peers that is by Jury Peers for Peers ordinary Juries for others who are their Peers or by the Law of the Land which is always understood by due process of the Law and not the Law of the Land generally for otherwise that would comprehend Bond-men whom we call Villains who are excluded by the word Liber for such Bond-men might be Imprisoned at the pleasure of his Lord but a Free-man neither could nor can without a just Cause nor does the Priviledge extend to private Actions or Suits between Subject and Subject but even between the Sovereign and the Subject Hence it is that if a Peer of the Realm be Arraigned at the Suit of the King for a Murder he shall be tryed by his Peers that is by the Nobles But if he be appealed of Murder upon the prosecution of a Subject his Tryal shall be by an ordinary Jury of 12 Free-holders and as the Grand Charter did and does protect the Persons of Free-men so likewise their Free-hold For by the same Charter it is declared That the King or His Ministers shall out no man of his Free-hold without reasonable Judgment and so it was rul'd upon a Petition in Parliament setting forth that a Writ under the Privy Seal went to the Guardian of the Great Seal to cause Lands to be seized into the Kings Hands and that thereupon a Writ issued forth to the Escheater to seize against the form of the Great Charter upon debate of which the Party had Judgment to be restored the greatest and most Explanatory Act which succeeded in point of Confirmation was that of Edward the 3d. the words are That no Man of what Estate or Condition soever he be shall be put out of the Lands and Tenements nor taken or imprisoned nor dis-inherited nor put to death without he be brought to answer by due process of the Law that is by the Common Law 2. Diminutio media was an Exilement out of the City without the loss of ones Freedom the words of the Judgment or Sentence were Tibi aquae igni interdico 3. Diminutio maxima was the loss both of the City and the Freedom and by his Judgment or Sentence was obliged and limited to one peculiar Countrey all other places in general being forbidden him There was a Fourth kind of Banishment Disfranchising called relegatio which was the Exilement only for a season as that of Ovid's The Laws of England in this matter have some resemblance with those of the Romans for Bracton observes 4 Distinctions 1. Specialis hoc est interdictio talis Provinciae Civitatis Burgi aut Villae 2. Generalis Interdictio totius Regni aliquando est 3. Temporaria pro duobus tribus quatuor aut pluribus annis aut c. 4. Perpetua pro termino vitae exilium est aliquando ex arbitrio principis sicut in exiliando Duces Hertfordiae Norfolciae per Regem Richardum Secundum aliquando per Judicium Terrae ut fit in Casu Piers de Gaviston etiam in Casu Hugonis de le Spencer Junioris qui ambo fuerunt exilit ' per Judicium in Parliamento So likewise was that of the Banishment of the Earl of Clarendon who dyed beyond the Seas X. Abjuration was also a Legal Exile by the Judgment of the Common Law as also by the Statute Law and in the Statute of Westm the second Cap. 35. He which Ravishes a Ward and cannot render the Ward unmarried or the value of his Marriage must abjure the Realm and this is a General Exile And by the Statute made 31 Ed. 1. Butchers are to be abjured the Town if they offend the Fourth time in selling measled Flesh and this is a Special Banishment A man Exil'd does forfeit these things 1. Hee looseth thereby the Freedom and Liberty of the Nation out of which he is Exiled 2. He forfeits his freedom in the Burrough or City where he was free for he which forfeits the Freedom of the whole Realm forfeits his Freedom in every part 3. The Law accounts him as one dead for his Heir may enter and so may his Wife enter into her own Lands and may sue
The Wares Merchandizes Debts or Duties that Merchants have as joint Traders or Partners shall not go to the Survivor but shall go to the Executor of him that is deceased If two joynt Merchants occupy their Stock Goods and Merchandize in Common to their common profit one of them naming of himself a Merchant shall have an account against the other naming him a Merchant and shall charge him as Receptor denariorum ipsius B. ex quacunque causa contractu ad communem utilitatem ipsorum A. B. provenient sicut per legem Mercatoriam rationabiliter monstrare poterit XV. And as the Law establishes security for their Estates so it gives them other immunities in their Commerce for if one Merchant draws a Bill of Exchange upon another be it in-Land or out-Land if it be by way of Exchange the acceptance of the Bill by the Party shall bind him to that party to whose use the Money in the Bill is to be paid and he may bring his action in his own name per legem Mercatoriam And so it is if a third Person that is a Stranger to the Bill shall accept the same for the honour of the Drawer it shall bind him as effectually as if he upon whom the Bill was drawn had accepted it and this by the Custom of Merchants XVI All other Subjects are restrained to depart the Realm to live out of the Realm and out of the Kings Obedience if the King so thinks fit but Merchants are not for they may depart and the same is no contempt they being excepted out of the Statute of 5 R. 2 cap. 2. And by the Common Law they might pass the Seas without Licence though not to Merchandize XVII It was once conceived that those Laws which were prohibitory against Forraign Goods did not bind a Merchant-Stranger but it was ruled otherwise For in the Leagues that are now established between Nation and Nation the Laws of either Kingdom are excepted and therefore as the English in France or in any other Nation in Amity are subject to the Laws of that Countrey where they reside so must they of France or of any other Country be subject to the Laws of England when resident or here and therefore if a French Man imports any Points Laces Belts Hats and the like they are forfeited XVIII The marking of Goods is of a great consequence as in relation to the settling the property of the Merchandize in the right Owner and in Courts of Justice both the Civil Law and the Common Law hath a great respect to the same therefore the use has been that every particular Merchant hath his particular mark appropriated to him by which means if the Person is of any value considerable as in relation to Commerce his mark is presently known Every Merchant is to set down his mark upon his Books of Account wherewith his Commodities are marked so Companies and Societies have their particular mark No Merchant ought to use another mark without leave first had of the Party whose mark the same is for as Flags are the Ensigns that give consusance of the Nation whose Ships they are so marks are to ascertain the Owners of their property without confusion or damage And though to set the mark of another Man alters not the property yet it may work such a detriment as may be very mischievous and therefore by the Common Law of England if J. S. shall maliciously set the mark of J. D. upon his Goods to the intent J. D. shall or may be brought into any trouble or put to any dammage or charge an action of the case will against J. S. CHAP. VII Of Factors I. Factors their qualifications generally considered as in refference to their employment II. Of Commissions and the words in the same that quallifies them in their employment III. Of Commissions to Factors that limit their actions IV. Of a Factor that deals for several Merchants of the obligations that oblige and not oblige each other V. Of their power considered as in refference to the dispensing with the Debtors of their Principals VI. Where the false entry or unfaithfulness of the Factor subjects him to answer dammage to his Principal and of the like committed by the Principal where to answer to the Factor VII Of Goods remitted to Factors and lost in their possession who bears the misfortune VIII Bills of Exchange drawn on the Factor by the Principalâ—… and accepted but before day of payment the Principal becomes Bankrupt whether the same must be payed IX Of Freighting of Ships by a Factor where he is obliged to see the same discharged X. Of the general rules to be used touching the construction of their actions I. A Factor is a Servant created by a Merchants Letters and taketh a kind of provision called Factorage such Persons are bound to answer the loss which happens by over-passing or exceeding their Commission but a simple Servant or an Apprentice can only incur his Masters displeasure The Spaniard hath a Proverb Quien passa Commission pier de Provision He that exceeds his Commission shall loose his Factorage But time and experience hath taught them to know better things for now it is Subolca la paga His Purse must pay for it The gain of Factorage is certain however the success of the Voyage proves and it is the prudence of Merchants to chuse honest and industruous Persons for otherwise the Factor may grow rich and the Merchant poor the first being sure of his reward the latter uncertain of his gain II. In Commissions they now generally incert these words Dispose do and deal therein as if it were your own by which the actions of the Factor are to be excused though it turns to his Principals loss because it shall be presumed he did it for the best and according to his discretion III. But bare Commission to a Factor to sell and dispose will not enable him to trust or give further day of payment for in the due execution of his authority he ought on a Sale to receive quid pro quo and as he delivers one receive the other for otherwise by that means as they may trust six Moneths they may trust sixteen years Nor by the vertue of that clause of Doing as if it were their own may they trust out to an unreasonable time as ten or twenty years instead of one two three Moneths which is the Customary time for the like Commodities And so it was adjudged where one had remitted Jewels to his Factor in Barbary who disposed of the same to Mulleshack the Emperor for a Sum certain to be paid at a time which being elapsed the Factor not obtaining it was forced to make the same good to his Principal IV. Again one and the same Factor may act for several Merchants who must run the joynt risque of his actions though they are meer Strangers to one another as if five Merchants shall remit to
for Decrees given in the Chancery in England which have been exemplyfied under the Great Seal directed to the Kings Lievtenant for the putting the same in execution there but in no case a Judgment given in England may be certified over under any other Seal but that of the Great one But in Scotland it is otherwise for that is a Kingdom absolute and not like Ireland which is a Crown annexed by Conquest but the other is by Union and though they be united under one Prince ad fidem yet their Laws are distinct so as if they had never been united and therefore the execution of the Judgments in each other must be done upon Request as above and that according to the Laws of Nations XI But in Collonies or Plantations which are reduced into the condition of great Families have not this Right of Requesting for they are governed by the Laws prescribed by the Souveraign of the same who may set Jurisdictions make them places priviledged not to have the Persons attached or arrested in any other places but within their own bounds so likewise upon their first forming or Institution may so declare that for any debt or Contract made or done in any place but in that of the same Plantation they shall not be impleaded and therefore in Virginia at this day if a Man contracts a debt in England flies to the same she cannot be there impleaded But if a Man takes up Goods and carries the same over thither there he may be sued in the place so likewise if it can be proved he carryed over the money borrow'd and this amongst others of the Laws and Constitutions of those Plantations is preserved inviolably the same being as it were a pledge and general safety which is given to those Inhabitants that shall resort thither and there plant themselves for the good of the Place and although those that thither flie by reason of great and unreparable losses have contracted debts far beyond their ability to satisfy a failer of which in strictness of Law may if the Creditor pleases oblidge their Bodies to Imprisonment yet doth it not thence follow that the same ought to exacted for though the Carcass of Men may gratify the revenge of the Creditor yet it never can pay the debt wherefore if those ends by themselves in a morall estimation be not necessary or if other ends on the opposit part occur not less profitable or necessary or if the ends proposed by Imprisonment may be attained another way it will then follow that if there be nothing of obligation on the Debtors part to render himself a Prisoner to the Creditor that then if the same can or may be avoided by flight the same in conscience may be done according to that of Cicero It was not fit perhaps to dismiss him being brought to Judgment but that he should be enquired after and brought to judgment was not necessary FINIS A Short Table of the Principal Matters contained in this Book Distinguished by Lib. for the Book Chap. for the Chapter and §. for the Paragraph Accessory Lib. Chap. § PYrat in the attempt kills a person by the Law Maritime the Slayer onely is Principall and the rest onely Accessories but by the Common Law otherwise 1. 4. 13 No Accessory to Pyracy can be tryed by virtue of the Stat. 28 H. 8. but he must be tryed in the Admiralty 1. 4. 23 26 Acceptance Acceptance of a Bill of Exchange what words amount to the same 2. 10. 15 20 Actions Actions of Trover will lye for an 8th or 16th part of a Ship 2. 1. 12 Admirals The reason of their power 1. 6. 5 Lib. Chap. § Admiral where 10th part of the Prize is due to him 1. 1. 〈◊〉 Admiral hath no Jurisdiction infra Corpus Com. 2. 2. 2 He may issue forth Commissions for the assembling of Court Martials 1. 14. 16 Execution of a Sentence of Death cannot be without his leave ibid. Agrument Made with Forraigners by the Commissioners of the Custome-House all persons Subjects shall have benefit of the same 2. 15. 3 Agreement for Freight where the same is determined by the fault of either party 2. 4. 3 Cannot be made with a Mariner for the Freightment of the Vessel 2. 4. 14 Averidge Vide Contribution Alien Not Capable of the Kings Pardon unless they were resident at the time the same was promulgated 3. 4. 7 Capable of taking but not of enjoying What they may hold and if they depart who will enjoy the same 3. 2. 1 Cannot transfer to his Heir to what he is disabled to hold 3. 2. 2 Alien marries an English Woman that is seized the Issue shall inherit 2. 2. 6 Though the Issue be born beyond the Seas shall inherit 3. 2. 7 Born in the Kings Dominions not Aliens Purchases Lands with a Natural born Subject to them and their heirs they are Joynt-Tenants 3. 2. 11 Aliens resident and Aliens travelling through France the difference bâ—…tween them as in reference to their Estates 3. 3. 8 Administration of an Alien's Estate may be committed to the next of Kin. 3. 3. 9 Diffâ—…rence between the Crowns of France and England in reference to the Births of persons born in places which they formerly possest 3. 3. 10 Alien in League his Action is only to be abated but in Enmity may conclude in barr 3. 4. 1 Alliances Alliances not determined by the death of the Prince 1. 7. 6 Ambassadors Where obliged not to Treat with any other but the Prince 1. 7. 4 How Regulated at the Congresse 1. 7. 5 Their Function 1. 10. 1 How protected though the Messengers of Rebels or Thieves 1. 10. 2 Violence or killing them how punishable 1. 10. 3 15 May be rejected and not received and when 1. 10. 4 Where punishable by the Lawes of Nations 1. 10. 5 6 14. 9 Are not to render account to none but to them that sent them 1. 10. 6 Not bound by any thing that is not malum in se jure gentium 1. 10. 10 Yet obliged to the formalities of Law 1. 10. 11 He may have Soveraign Jurisdiction over his Family by the concession of him with whom he resides 1. 10. 12 His Goods and Moveables cannot be seized on for any Civil matter 1. 10. 13 Ambassadors of Venice cannot receive any Present or preferment from any Forraign Prince or State 1. 10. 16 Bailio at Venice is the Ambassador for that Republique 1. 10. 6 Anchors Anchors may be placed for conveniency against the Owners will in other places 2. 9. 7 Not fastning of Buoyes to them punishable 2. 7. 7 Appeal Appeal lyes from the Commissioners of Assurances to the Lord Keeper 2. 7. 16 Assurance Assurances private and publique are both alike as in reference to the obtaining satisfaction 2. 7. 1 2 3 May be made on Ships or other things as well as Merchandize 2. 7. 4 Assurors are discharged upon the alteration of the property 2. 7. 13 They are not to answer
for a detriment that was occasioned purely by the Laders means 2. 7. 15 Attachment Attachment of the Lading cannot be made in the Masters hand 2. 3 18 Attaint The Law takes notice of the person Subject but of an Alien è cont ' 3 2. 2 No corruption of blood upon an Aâ—…tainder of Pyracy 1. 4. 23 26 Barretry BArretry of the Marâ—…iners who shall be responsible for the same 2. 3. 13 Battel Goods or Ships gain'd therein where the Owners are divested of their property 1. 1. 7 But regain'd by a Ship of Warr the Property is preserved 1. 1. 9 Blanks Filling them up against Law 2. 10. 27 Boats Ship Boat not forfeited by the Pyracy of the Ship 2. 1. 8 The Duty of Boats and all other small Vessels in time of Warr and in Battail 1. 14. 24 Bottomery From whence so called 2. 11. 12 Buoyes Not putting them to Anchors subject the Master to punishment and answer the damage 2. 9. 7 Bulk When the same may be broke 2. 15. 1 Butlerage What and when payable 2. 8. 8 Canon CAnon designed for the Relief of a City or Fleet cannot in a Storm be flung over-board 2. 6. 15 Captives Where they may be justly kill'd 1. 14. 12 How that power is governed 1. 14. 17 Where he that dyes in it is supposed to dye before his being taken 3. 1. 2 Children born before their being taken are free 3. 1. 2 Captive General is immediately the Prince's Prisoner 3. 1. 5 Ports and Cinque-Ports Ports in England 2. 14. 18 Free of Prisage 2. 8. 10 Members and Creeks What are meant by them 2. 14. 7 Within the Body of the County 2. 14. 8 Port of London its extent 2. 14. 9 Clergy Not allowable to a Pyrat for Pyracy on the High Sea 1. 4. 23 But in a Creek or Port it is 1. 4. 24 Commanders Their Duties in time of Fight 1. 14. 13 Commissions Commissions awarded to enquire of Depridations 1. 2. 24 And to give satisfaction 2. 4. 28 Commission for Warr in what respect 1. 3. 5 Commissions qualifie the Caption 1. 4. 14 Communion Communion of Pastures in our first Parents 1. 1. 3 Confederates Differences amongst them how determined 1. 8. 4 Confederates how bound to defend each other 1. 7. 9 Of the Succours they are to lend 1. 7. 15 May ayd one another against one anothers Confederates 1. 7. 16 Consanguinity The various degrees of the same 3. 2. 8 In all Collateral descents except between Brother and Brother the half blood does inherit but between them the half blood does impede 3. 2. 8 Contraband Contraband Goods where the same may be seized 1. 1. 15 Contracts Contracts between Princes though by force oblige 1. 8. 9 Contracts between Merchant and Master where valid and where not 2. 4. 3 6 7 Contract is not determined if the Ship be taken by an Enemy and afterwards retaken 2. 4. 12 Contract for Freight cannot be made with a Marriner 2. 4. 14 Charter-parties settle the Agreement and the Bills of Lading the Contents 2. 4. 7 Contracts where they have their inception from Sealing 22. 11. 9 None of the Ancestor can bind the person of the Successor as to point of slavery 3. 1. 7 Contribution Contribution for Moneys lent on Bottomery 2. 11. 10 Contribution the remainder of the Lading are as tacitly obliged to the same as for Freight 2. 6. 7 Two Ships encounter anawares the Contribution is to be proportionable 1. 6. 10 Contribution shall not be made if the Sayls or Masts are broken or lost in the Storm but if cut down otherwise 2. 6. 12 No Contribution but where the Ship arrives in safety ibid. Contribution in cases of Necessity 3. 5. 26 Contribution a main Ingredient in Leagues and how regulated 1. 7. 9 Contribution cannot be had by one whose Goods are taken by Reprizal 1. 2. 23 Contribution where to be made for the Redemption of the Master 1. 4. 5 Contribution may be paid to both parties 1. 12. 6 7 Corporations When introduced for Merchants in England 3. 5. 2 Of those Trading to India from England and Holland 3. 5. 5 Countermand May be made by the drawer at any time before the money becomes due 2. 10. 22 Courts By the Statute of H. 8. Courts may be erected for the Tryal of Pyracy 1. 4. Where the Admiralty hath Jurisdiction of the principal the Courts at Common Law will remit them their Accessory 1. 4. 28 Court appointed for the Trying of Merchant Strangers Causes according to the Custome of Merchants 2. 12. fol. 303 Customes Goods Wreck't pay no Customes 2. 13. 11 Customing Goods in another mans name the penalty 2. 8. 8 The King is entitled to his Duty upon breaking of Bulk 2. 8. 9 Cannot be imposed without Act of Parliament 1. 12. 1 2 3 May be Fermed out 2. 12. 3 The Antiquity of Customers 2. 12. 5 Customes what is meant by the same 2. 12. 6 Of Magna Custuma and for what given ibid. Parva Custuma on what Considerations given 2. 12. 7 How the same is governed 2. 13. 6 7 Câ—…wards To suffer death without mercy 11. 14. 12 15 17 Damage TO be repaired out of his or their Estate that commit an Injury if not then the same becomes a National Debt 1. 2. 12 Denizen The Issue born of English-man on the Body of a Forraigner beyond Seas is a Natural born Subject 3. 1. 8 Denization by Letters Patents of France remove the total disability but in England è cont ' 3. 3. 11 Two Denizon Brothers one purchases Lands and dyes the other may inherit 3. 3. 11 Not capable of Honour ibid. Derelict Cannot be of any Goods cast over-board to lighten the Ship 2. 6. 15 Of places that are possessed one day and abandoned another make not a Derelict 3. 5. 3 Descrters May be slain by any man by the Lawes of Nations 1. 6. 9 12 15 Coward suffers death without mercy 1. 14. 17 Vide Derâ—…lict Disability Ships disabled in Battail are not to be relieved till the Enemy is beaten 1. 14. 16 Disability of the Father hinders not but one Brother may be Heir to the other 3. 2. 8 No disability in an Alien beinging an Action in Auter Droit 3. 2. 9 An Alien Infant disabled to be a Merchant Trader in England 3. 2. 11 Disability not cured in an Ancestor without actual naming them 3. 3. 3 Discipline Orders must be obeyed and they that break them may be punished though the act succeeds well 1. 14. 14 Disclaimer By the Predecessor shall barre the Successor 2. 8. 7 Discent 1. The Rules that govern them 3. 2. 3 2. Discents according to the Canon Law 3. 2. 4 Impeded in an Ancestor from whom and to whom will hinder the discerit 3. 2. 5 Disfranchise The ancient way of compleating the same 3. 1. 9 Cannot now be done to a Freeman without lawful Tryal 3. 1 9 The various wayes now used by the Laws of England 3. 1. 9 Domiâ—…on