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
such a Stock or Portion may be purchas'd that is the advantage or benefit arising by the improvement of the same As for Instance The East-India Company hath a Stock lodged in their hands by divers persons which they in the most prudent'st manner as they see fit imploy to those places as they judge most proper if a return is made the advantage of that is distributed â—…o each person that is any way entitled to that Stock which advantage is called a Divident and perhaps may afford some years 20 or 30 per Cent. But on the other hand if that that proportion of the Stock which goes out happens to miscarry the abatement is proportionable and so the Stock may be lessened unless that they will stay the Dividents to keep the Stock the which they may do For it is a Trust reposed of so many mens Moneys in their hands to yield them such advantage as they shall upon a just account set out So that if a man hath a 1000 l. Stock he cannot take the same out of the Great Stock whereby to lessen the same but he may transfer that usu-fruite by that Customary way which they have to any other person for a valuable consideration infinitum Such a Stock of 100 l. in the East-India Company in time of Warr might have been purchas'd for 80 l. Nett but now in time of Peace scarce got under 170 or 180 l. the Dividents running high CHAP. XII Of Impositions called Great Customes Petty Customes and Subsidies I. Impositions whether they may be commanded without the Three Estates and of Magna Charta touching the same II. Of Impositions made voluntary by consent of Merchants and of the adnull of the same III. Of the Confirmation of the Great Charter for free Traffique and of the Settlement now made on his Majesty of the same IV. Of the Immunities formerly of the Hansiatique Towns here in England and when determined V. Of the Antiquity of Customers or Publicans as well in former Ages as at this present time in most Nations VI. Of the Imposition called Magna Custuma VII Of that which is called Parva Custuma payable by strangers and the Act called commonly Carta Mercatoria VIII Of Subsidy and of what and the Rates how set IX Of Subsidy by Strangers on wines X. Of Goods not rated how to pay XI Of the Subsidy-Duty for Cloaths I. THat Impositions neither in the time of Warr or other the greatest necessity or occasion that may be much less in the time of Peace neither upon Forraign nor Inland Commodities of what nature soever be they never so superfluous or unnecessary neither upon Merchants Strangers nor Denizens may be laid by the King 's absolute Power without Assent of Parliament be it never so short a time By the Statute of Magna Charta Cap. 30. the words are All Merchants if they were not openly prohibited before shall have their safe and sure Conducts to enter and depart to go and tarry in the Realm as well by Land as by Water to buy and sell without any Evil Tolls by the Old and Rightful Customes except in the time of Warr and if they be of the Land making Warr against Us and be found in Our Realm at the beginning of the Warr they shall be attached without harm of Body or Goods untill it be known to Us or Our Justices how our Merchants be intreated there in the Land making Warr against Us. The Statute of which this is a branch is the most ancient'st Statute Law we have won and sealed with the Blood of our Ancestors and so reverenced in former times that it hath been 29 times solemnly confirmed in Parliament II. Impositions were in some sort done Consensu Mercatorium by Edward the First and Edward the Third And again in Henry the Eighth of which the House of Burgundy complained as against the Treaty of Entercourse King Henry the Third finding that such a Modus of Imposition tended to the destruction of Trade and apparent overthrow of Commerce and was against the Great Charter made Proclamation Anno 16. in all Ports of England That all Merchants might come faciendo rectas debitas consuetudines nec sibi timeant de malis tollis for that such Impositions had no better name then Maletolts The like was declared and done by Edward the First in the 25th year of his Reign and Edward the Second in the 11th and 12th years of his Reign III. In 2 Ed. 3. the Great Charter for Free Traffique was Confirmed and about some 3. years after there were Commissions granted for the raising of a new kind of Tallage but the people complained whereupon the Commissions were repealed and he promised never to assess any but as in the time of his Ancestors But this Prerogative Power of Imposing inward and outward upon Commodities over and above the ancient Custome of Subsidy without a free consent in Parliament is now ceast and settled And that Question which for many Ages had been handled by the most Learned'st of their times in the asserting and in the denying will never more be remembred Which being managed for some time was afterward farmed out The like having been done by former Kings as did Edward the Third with the New and Old Customes of London for 1000 Marks monthly to be paid unto the Wardrope Richard the Second Anno 20. Farmed out the Subsidy of Cloth in divers Counties So Edward the 4th Henry the 8th Queen Elizabeth and King James the same having been used in former Ages even in the best govern'd State Rome which let out Portions and Decim's to the Publicans IV. The Old Hanse Towng viz. Lubeck Collen Brunswick Dantzick and the rest had extraordinary Immunities granted unto them by our Third Henry for their great assistance and furnishing him in his Warrs and Naval Expeditions with so many Ships and as they pretended the King was not onely to pay them for the Service of their Ships but for the Vessels themselves in case they miscarried The King having concluded a Peace and they being on their return home for Germany the most considerable part of their Fleet miscarried by Storm and stress of weather for which according to Covenant they demanded reparation The good King in lieu of that which he wanted Money granted them divers Immunities and amongst others they were to pay but 1. per Cent. Custome which continued till Queen Mary's time and by the Advice of King Philip she enhanced the 1. to 20 per Cent The Hans not only complained but clamoured aloud for breach of their Ancient Priviledges confirmed unto them by long Prescription from 13 successive Kings of England and the which they pretended to have purchased with their Money King Philip undertook to accommodate the business but Queen Mary dying and he retiring nothing was effected Complaints being afterwards made to Queen Elizabeth she answer'd That as she would not innovate any thing so she
Sometimes a General Truce holds the place of a Peace as that of a hundred years Such Truces are commonly made betwixt Princes that are equal in Power and will not quit any thing of their Rights by Peace and yet desire to live quietly in the State wherein they are satisfying by this medium the Point of Honour IV. Treaties of Truce are many times less subject to Rupture then a Peace which is made perpetual for Princes or States that find themselves aggrieved with a Treaty that is perpetual seek out plausible reasons to forsake it seeing the grievance cannot be otherwise repaired but if the time be limited and expired they may pursue that which they think ought to be granted and the other may oppose and if they have a desire to continue the Truce there is nothing so easy as to renew it Hence it is become a Maxim in State that seeing Treaties are grounded on the Interests of Princes which change with the time it is necessary to change and settle them at the end of the time or to break them off for it is in vain to trust to a bare Friendship A Truce is likewise made to advance a Peace and to treat it so likewise it is sometimes promoted for the more honest discharge of a League which is made with some other Prince whom they have accustomed to comprehend therein so as a Peace following it or a Truce not being accepted by him they take accasion to leave the League it being not his fault that leaves it that the War was not ended And although it seems that a Truce cannot by its condition prejudice the pretention in the Principal yet it is most certain that if he which is chased out of a contentious State consents that during the Truce the Commerce shall be forbidden to his Subjects he doth wholly stop the gate as Lewis the 12th did in the Truce which he made with Gonsalve after the Conquest of the Realm of Naples In England by the Stat. 2 H. 5. cap. 6. Robbery spoiling breaking of Truces and Safe-Conducts by any of the Kings Liege People and Subjects within England Ireland and Wales or upon the main Sea was adjudged and determined to be High-treason but this branch concerning High-treason is repealed by the Stat. of 20 H. 6. cap. 11. but by the said Act of 2 H. 5. for the better observation of Truces and Safe-Conducts Conservator Induciarum salvorum Regis conductum was raised and appointed in every Port of the Sea by Letters Patents his Office was to enquire of all offences done against the Kings Truces and Safe-Conducts upon the main Sea out of the Counties and out of the liberties of Cinque Ports as Admirals of Custom were used to do Sir John Trebiel was committed to the Tower for taking a French Ship and being brought into Parliament did there justify the same but at last confessed his fault and begged the Kings Pardon generally all Leagues and Safe-Conducts are or ought to be of Record that is they ought to be Inrolled in the Chancery to the end the Subject may know who are in Amity with the King and who not who be Enemies and can have no Action here and who in League and may have Actions personal here Sometimes they have been inrolled in the Wardrobe as being matters of State Note In all Treaties the power of the one party and the other ought to be equal nor are they to be held firm till ratified Before the Statute when any breach of Truces or Leagues happened or was occasioned by the misdemeanours of any of the King of Englands Subjects there did usually issue forth Commissions under the Great Seal of England to enquire of the fringers of the same and to punish and award satisfaction to the injured VI. Princes who neither love nor hate any thing absolutely seem generally inclined to neutrality and in that govern themselves in their Friendships according to their interests and Reasons of State in effect is no other but Reason of Interest Neutrality may be of two sorts the one with Alliance with either part the other without Alliance or so much as the least tie to the one or other which is that which properly may be called Neutrality The first is governed by the Treaty of Neutrality the latter by the Discretion of the Neuter Prince whose carriage ought alwaies to be such as that he may not give the least glimpse of inclining more to one then to another VII The advantages of Neutrality are that the neuter Prince or Republique is honoured and respected of both Parties and by the fear of his declaring against one of them he remains Arbitrator of others Master of himself And as a Neuter neither purchases Friends nor frees himself from Enemies so commonly he proves a prey to the Victor hence it is held more advantage to hazard in a Conquest with a Companion then to remain in a State wherein he is in all probability of being ruined by the one or the other But Princes that are powerful have used generally to preserve a Neutrality for whilst Petty Princes and States ruin themselves by War he fortifies himself with means and in the end may make himself Judge of their differences On the other hand it hath been conceived that Reipubliques that are weak what part soever they take it will be dangerous unto them especially if they are in the midst of two more powerful States then themselves but experience hath made it appear to the contrary that Neutrality is more beneficial to a weak Prince or Reipublique so that they that are at War be not barbarous or inhumane for although a Neutrality does not please either party yet in effect wrongs no Man and as he doth not serve so he does not hurt besides his declaration is reserved till the issue of the War by which means he is not oblidged that by siding with eiher party to gain or loose by the War VIII But if the Neuter be prest by necessity to declare himself he must do it for the most powerful of the two parties following that Roman Maxime That either they must make themselves the strongest or be a friend to the strongest So they of Strasburgh declared for the Empire against the French on the other hand if the Neuter sees that joyning to the weaker will ballance the power of the stronger and by this counterpoize reduce them to reason the same hath been generally followed upon the Maxime That the safety of States consist chiefly in an equal counterpoize of the one and the other for as the greatness and oppulancy of a Prince draws after it the ruin of their Neighbours it is wisdom to prevent it CHAP. X. Of the immunities and Priviledges of Ambassadors and other publique Ministers of State I. Of the Function of Ambassadors and Agents generally II. Of their right and protection by the Laws Divine and of Nations III. Of
in his Chariot adorned and crowned with the Victorious Laurel the Senators with the best of the Romans meeting him his Souldiers especially those who by their valoor had purchast Coronets Chains and other Ensigns of reward for their conduct and courage following him but what alas could these to the more sober represent any other but horror since the centers from whence the lines were drawn could afford nothing but death slaughter and desolation on those who had the Souls and Faces of Men and if it were possible that that Blood which by their Commissions was drawn from the sides of Mankind and for which they made those Triumphs could have been brought to Rome the same was capable of making of a Source great as their Tiber but Policy had need of all its Stratagems to confound the Judgement of a Souldier by excessive Praises Recompenses and Triumphs that so the opinion of wounds and wooden-legs might raise in him a greater esteem of himself then if he had an entire body To allure others something also must be found out handsomly to cover wounds and affrightments of death and without this Caesar in his Triumph with all his Garlands and Musick would look but like a victime but what sorrow of heart is it to see passionate Man a ray of Divinity and the joy of Angels scourged thus with his own Scorpions and so fondly to give himself alarums in the midst of his innocent contentments as they of Holland but yesterday in the midst of their traffique and recreations did by the denying His Sacred Majesty his Right even that right the which his Ancestors had with so much glory acquired pul on their heads a War which that mighty Reâ—…publique by their greatest industry and wisedom hath not been yet able to quell the colerickness of War whereby the lustfull heat of so many hearts is redoubled stirs up the lees of Kingdoms and States as a tempest doth weeds and slimy seedment from the bottom to the top of the Sea which afterwards driven to the shoare together with its foam there coverts Pearls and pretious Stones and though the Canon seems mad by its continual firing and the Sword reeking hot by its dayly slaughters yet no good Man doubts but they even they will wheather out those storms in the midst of those mercyless instruments find an inculpatatutela who love justice exercise charity and put their trust in the Great Governour of all things CHAP. XV. Of Salutations by Ships of War and Merchant Men. I. Of salutation how esteem'd by some in this later age II. Of the same pay'd in all ages as an undoubted marke of Soveraignty of this Empire III. Of those Seas where this right is to be pay'd to the King of England's Flag IV. In what manner the King of England holds this Right and by whom to be pay'd V. Of those that shall neglect or refuse to do the same how punisht and dealt withall VI. Where his Majesty of Great Britain's Ships are to strike their Flagg and where not VII Of the saluting of Ports Castles Forts how the same is to be done and on what terms VIII Of Ships of War their saluting their Admiral and Commanders and Chief IX Of Ambassadors Dukes Noblemen and other Persons of quality how to be saluted coming aboard and landing X. The Admirals of any forraign Nation if met withall how to be saluted and answered XI Of the Men of War or Ships of Trade of any foraign Nation saluting his Majestie 's Ship of war how to be answered XII Of the saluting of his Majestie 's own Forts and Castles and when the salute cease XIII Of the objection that seems to be made against the necessity of such Salutations XIV Why Kingdoms and States attributes the effects not the cause of Rights to prescription XVI That Kingdoms and Reipubliques ought not to be disordered for the defect of Right in presumption and the objection in the 13 § answer'd XVII The inconveniency of war and the justifique causes of the same XVIII Of the causes not justifiable in war XIX Of Moderation and the utility of Faith and Peace I. AS reforming Powers in all Ages made it their chiefest work to take down the great Colossues and whatever else might be ombragious in the excrescences of Civile Pompe so we had some in this Age who by a new art of levelling thought nothing could be rightly mended and they planted unless the whole piece ravelled out to the very end and that all intermediate greatness between Kings and them should be crumbled even to the dust where all lying level together as in the first Chaos spades ought even to be put into the hands of those who were heretofore adorned with Scepters all outward tokens of honour and esteem which even from the first institution of Society seemed by an uninterrupted stream to be continued down to posterity even amongst the most barbarous Nations was by them totally deny'd the Hand the Hat the Knee being no other but outward signs of an inward respect being esteemed equal with Idolatry but that unhappy brood to whom whatsoever was crooked seemed streight and what was dark to them appears light are now not to be accounted Men with whom the question may admit of a debate whether Salutation is innocent necessary and praise-worthy since nothing of reason can be found in the foundation of their Religion Honesty or Conscience Therefore this Discourse is directed to Men II. First it is evident by what hath been said that the British Seas before the Roman Conquest ever belonged to the Isle of Great Britain they alwaies claiming and enjoying the sole Dominion and Soveraignty of the same which afterwards accrued to the Romans by Conquest and from them translated with its Empire to the succeeding Saxon Danish and Norman Successors and in all the Reigns of those Princes there was alwaies some markes of Soveraignty pay'd wherein the right of the same was evinc't and acknowledged III. Now those Seas which this Salutation or Duty of the Flagg are to be pay'd are the four circumjacent Seas in which all Vessels whatsoever are to pay that Duty according to the Custom of the same and the Ordinance of King John How far this Right is payable appears in the fourth Article in the Peace made lately between His Majesty and the States General of the United Provinces in these words That whatever Ships or Uessels belonging to the said United Provinces whether Uessels of War or other or whether single or in Flâ—…ts shall mâ—…t in any of the Seas from Cape Finisterre to the middle point of the Land Van Staten in Norway with any Ships or Uessels belonging to his Majesty of Great Britain whether those Ships be single or in great number if they carry his Majesty of Great Britain ' s Flagg or Jack the aforesaid Dutch Uessels or Ships shall strike their Flagg and lower their Top-sail in the same manner and with as much respect as hath at any
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
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
yet as in reference to the Maritime Dominion Henry 8th did embellish his Navy Royal therewith and Queen Elizabeth stamped it upon those Dollars which she designed for the East India Trade signifying her Power of shutting up the Seas if she thought fit as by a Port-cullis with the Navy Royal this Dominion of the British Seas did Authenticate the Proclamation of King James ordaining the Flemish at London and Edinborough to take licence to Fish this justified the like Proclamation by the late Royal Martyr King Charles and warranted by the Earl of Northumberland in his Naval Expedition That Prescription is valid against the claims of Soveraign Princes cannot be deny'd by any who regard the Holy Scripture reason the practise and tranquillity of the World and that true it is the modern Dutch have pretended if not dared to challenge the Freedom to Fish in the British Seas by Prescription but it is likewise as true that Prescription depends not upon the Corporeal but the Civil possession and that is retained if claim be but made so often as to barr the Prescription the which hath been alwaies made evident first by frequent Medals next by punishing those that refused it as Rebels by guarding it of it and lastly by giving Laws time out of mind on it which evidently proves that the Civil possession is not relinquished our Kings constantly claiming the Dominion of the same none else pretending all Nations acknowledging it to be in them and the same never questioned till those modern Dutch of yesterday arose XIV The importance of the Dominion of the Sea unto this Nation is very great for alone on that depends our Security our Wealth our Glory from hence it is that England hath a Right to all those advantages and emoluments which the Venetian Republique draws from the Adriatique Sea where the Ships of the Grand Seignior of the Emperor King of Spain and Pope pay Customs to maintain those Fleets which give Laws to them within the Gulfe 't is hereby that the English can shut up or open these Seas for Ships or Fleets to pass or repass them whereto Queen Elizabeth had so special a regard that when the King of Denmark and the Hansiatique Towns sollicited her Majesty to permit them free passage they transporting Corn into Spain she refused them and when a Protestant Fleet of Hamburgers and others had presumed to do so notwithstanding her prohibition she caused her Navy Royal to seize take burn and spoil them when they were passed her Maritime Territory within sight of Lisbon yielding this reason for her justification that they not only relieved her Enemy with provisions but had presumptuously made use of her Seas without obtaining her Royal Permission for so doing 't is from hence that the Crown of England can justly demand an account of any Ship or Ships occurring in those Seas what 's their Business and what their intentions are and prohibite any Prince or Reipublique to enter there with potent Fleets without praeacquainting his Majesty and obtaining his Royal Permission without which Dominion and Soveraignty England can never live secure on shore it being easy for any Forreign Fleets to amuse us with specious pretenses and in their passage to invade and surprise us Thus whilst the Turk pretended to sail for Malta he occasionally possessed himself of Canea in the Isle of Candia many such presidents do occur in History And in fear of such surprizal the Athenians being Lords at Sea did exclude the Persian Monarchs from sending any Ships of War into any part of the Aegean Sea Rhodian Carpathian and Lydian Seas and that which tends to the West towards Athens the like caution was used by the Romans against Antiochus and the Carthaginians and the Turk prohibits all Nations saving his Vassals to enter the Black Sea or Pontus Euxinus and also the Red Sea and that 't is by virtue and force of this right that the British Nation can drive on their own Commerce navigate themselves and permit others securely to trade with them 't is true that the Dutch have presumed some years since to violate the security of the British Seas by the attacking the Allies of England not only within the British Seas but in her Harbours attempting to pursue a French Vessel up almost to London and have more then once attacqued the Spanish Fleets in her Ports under the protection of her Castles and that against the Laws of Nations and the Peace of Ports in which for the time they seemed to cloud the Honour of the Nation but satisfaction for indignities of that nature though slow yet are sure and should such as those have been longer tollerated Beloved Britannia must become a prostitute by a Confederation of those States or take Pass-ports for her Commerce But the Royal Martyrs goodness was no longer to be trod on his Heart and his Cause were good and though those unhappy times which were crooked to whatsoever seem'd straight did hinder the accomplshiments of his entire intention for satisfaction yet those whom the just God of Heaven was pleased for a time to permit as a punishment to this Nation to rule did not want in the fulfilling for so soon as he was pleased to stay the fury of the Intestine Sword their hearts took fire from that flame that had formerly been kindled in that Royal Brest and having prepared a Fleet in order to the treating as Souldiers with Swords in their hands they were in the like manner assaulted in their Territories in the Downes but the Dutch found then what it was though two for one to assault a British Lyon at the mouth of his Den intending if possible to have destroyed the English Power but were frustrated in their design being severely beaten home to their own dooâ—…â—…d afterwards those that then had got the English â—…d in their hands begun to consider that the Victâ—…y â—…ust be pursued as a season fit to assert their Antienâ—…â—…ight and Soveraignty of the Sea and then those people thinking that the odds before was not enough to destroy the Briâ—… Fleet they equipt out a Fleet greater and far more numerous then the English under the Admirals Van Trump De Witt the two Evertsons and Ruyter but they suffered the same fate as their former about some 34 of their Ships on the Coast of Flanders burnt and taken and the rest chased home to their Ports and not long after followed the total defeat of their Naval forces accompanied with the death of Van Trump by the English under the Admirals Blake and Monk who had sunk and fired about 30 more of their Ships of War no quarter being given till the end of the Bataill six Captains and about a thousand Men were taken prisoners and about six thousand slain of their Presomptions since amongst other things in denying the duty of the Flagg and of what punishment and check they have had for
precaution whether the same may be given to such not to come and attempting against such interdiction how dealt with and of punishment of those that shall hurt them by the Laws of England IV. Of the several causes that Princes or Reipubliques may reject such publique Ministers of State V. Where Ambassadors may be subjected to punishment by the Laws of Nations VI. Of the proceeding against them by Princes States at this day according to the practise of Nations VII Of the various proceedings against them by several Princes and Reipubliques illustrated in 15 Presidents of examples VIII Of the proceeding against them according to the pactise in England IX Ambassadors where they forfeit their Priviledge by the Laws of England X. Where actions committed by them though against the known Laws yet oblidges them not to a forfeiture of their Priviledge XI Of the duty of Ambassadors in cases Civil and what their Office includes for the King and Nation whom they represent XII Whether the House of an Ambassador can be a Sanctuary or whether he may exercise a Royal Jurisdiction over his Servants and Vassals whether the same proceeds from the Laws of Nations XIII Whether the Goods of an Ambassador may be seized for debt or other Contracts XIV Whether outrages committed by publique Ministers of State can subject them to punishment XV. Of the punishment of those that commit any outrage on them XVI Some observation of the immunities and Government by the Laws of Venice of their Ambassadors AN Ambassador and Agent is the same thing if we consider only the Function of their Charges only in this they differ an Agent hath charge to represent the Affairs only but an Ambassadors ought represent the Greatness of his Master and of his Affairs II. The right of Ambassadors is secured both by the Safeguard of Men and also by the protection of the Law Divine therefore to violate this is not only unjust but impious too and as Protection is given to the Legates of Supream Rulers by the Laws of Nations so by the Civil Law there is a protection likewise for Provincial Legates and Heraulds c. This Right of Legation was originally provided saith Livy for a Forreigner not a Citizen yet in Civil Wars necessity sometimes makes place for this right besides the Rule as when the People are so divided into equal parts that it is doubtful on which side the right of Empire lyeth as that unhappy spot of Flanders or when the right being much controverted two contend for the succession to the Throne for in this case one Nation is reckoned as two and so was the State of England when the House of York and Lancaster contended for the Crown nay this right of Legation hath been preserved that the very Messengers of Rebels have been protected as were those of Holland by Phillip of Spain So great a respect have Nations had in all times to such Men that even Pyrats and Robbers who make not a Society nor have any Protection by the Law of Nations and with whom neither Faith nor Oath as some conceive may be kept Faith being given them obtain the right of Legation as once the Fugitives in the Perynean Forest. III. Ambassadors may by a precaution be warned not to come if they dare they shall be taken for Enemies but once admitted even with Enemies in Arms much less with Enemies not in actual hostility have the protection and Safe-guard of the Laws of Nations and therefore their Quallity being admitted by Safe-conduct they are to be preserved as Princes and so it was declared in Parliament where the killing of John Imperial Ambassador from the States of Genoa was High-treason Crimen laesae Majestatis So likewise of A. de Walton the Kings Ambassador Nuncium Domini Regis missum ad mandatum Regis exequendum who was murdered by one John Hill for which offence it was adjudged High-treason and accordingly he was drawn hang'd and beheaded IV. On the other hand Ambassadors may not alwaies be received though alwaies they ought not to be rejected for there may be cause from him from whom they come as the Roman Senate would not admit of the Ambassage of the Carthaginian whose Army was then in Italy the King of Spain those of Holland and the then Pope the Ambassadors of Henry the 2d after the murder of Becket Arch. Bishop of Canterbury so likewise from the very Persons that are sent as Theodorus Athest whom Lisimachus would not give Audience to and Mr. Oliver Lewis the 11th's Barber whom they of Caunt refused So likewise where the cause of sending is suspected as in reference to disturbe the People or intentions rather to sow sedition then to conclude a Peace if such be their errand or not honourable or unseasonable as for those assiduous Legations which are now in use they may with very good right be rejected for the no-necessity of them appears by the Antient Custom whereto they are unknown The Venetian having admitted Henry the Fourth of France his Ambassador yet they interdicted him to come with the other Ambassadors to the Chappel till the King was reconciled to the Church of Rome V. By the Laws of Nations only unjust force is kept from the Bodies of Ambassadors for if the Laws of Nations be broken by him he is subject to punishment Yet the opinion of Nations and Men Eminent for Wisedom have been doubtful in this point and Presidents on both sides have been avouched one which seems to refute that position of punishing such Ministers of State the Ambassadors of Tarquin who had committed treason at Rome and as Livy observes were in the State of Enemies yet the Right of Nations as he calls it prevailed so far as to preserve them although in a case of hostility On the other hand Salust observes that Bomilicar one of the Carthaginian Ambassadors who came to Rome on the Publique Faith was adjudged guilty rather saith he by the Rules of Equity then by the Laws of Nations Equity that is the meer Law of Nature suffers punishment to be exacted where there is found a delinquent but the Laws of Nations except the Persons of Ambassadors for certainly their security out-weighs the profit arising from punishment which may be inflicted by him that hath sent him if he be willing if unwilling it may be exacted of him as an approver of the crime VI. Again as Ambassadors are not to render a reason of 〈◊〉 actions to any other but him by whom they are sent â—…nd it is impossible but by the reason of various Interests and other secrets of State which pass through their hands somewhat may be said which bears a show or face of crime which perhaps may prove otherwise yet the examining and tracing of the truth may be of a dangerous consequence and therefore if the offence be such as may be contemned it is usually to be
back but on the other hand they are to come into the Battle and engage and do their utmost endeavour to take fire kill and endamage the Enemy Pyrat or Rebell and assist and relieve all other his Confederate Ships and if they shall prove cowards they are to be dealt with as cowards ought by the Law of Arms which is to suffer death But circumstance of things may make alteration of matters therefore there is added or other punishment as the circumstance of the offence shall deserve or a Court Martiall think fit There are some offices to be done even to them from whom you have received an injury for revenge and punishment must have a measure and therefore the issues of the Roman Wars were either milde or necessary now when killing is just in a just War according to internal justice may be known by the examining the causes or end of the War which may be for the conservation of Life and Members and the keeping and acquiring of things usefull unto Life now in the assaulting of Ships it happens that one is slain on purpose or without purpose on purpose no Man can be slain justly unless either for just punishment as without it we cannot protect and defend our Life our Goods our Countrey c. That such punishment may be just it is necessary that he who is slain have offended and that so much as may be avenged with the punishment of death in the Sentence of an equall Judge be expected now we must note between full injury and meer misfortune ofâ—…en intercedes some mean which is as 't were composed of both so that it can neither be called the act of one knowing and willing nor meerly the act of one ignorant or unwilling This distinction by Themistius is fully illustrated You have made a difference 'twixt an injury a fault and a misfortune although you neither study Plato nor read Aristotle yet you put their Doctrine into practise for you have not thought them worthy of equall punishment who from the beginning perswaded the War and who afterward were carryed with the stream and who at last submitted to him that now seem'd to have the highest power the first you condemned the next you chastised the last you pitty'd Mosâ—… certain to spare Captives or Prisoners of War is a command of goodness and equity and in Histories they are often commended who when too great a number prove burdensom or dangerous chose rather to let them all go then to slay them or detain them though for Ransoms as the last Flemish Wars with England so for the same causes they that strike or yield up themselves are not to be slain though there is no provision made by Covenant In Towns besieg'd it was observed by the Romans before the Ram had smitten the Wall Caesar denounceth to the Advatici he would save their City if before the Ram had touched the Wall they yielded which is still in use in weak Places before the great Guns are fired in strong Places before an Assault is made upon the Walls and at Sea by firing 1 or 2 Guns or hanging out the bloody Flagg according as the instructions are however till there be an absolute yielding or quarter cry'd by the Law of Armes as well as by the above mentioned Article every Commander and Souldier is to do his utmost to take fire kill and endamage the Enemy or whatsoeuer may tend thereunto XVI By the Law of Arms he deserves punishment who doth not keep off force that is offered to his fellow Souldier and though it hath been conceived that if there be manifest danger that he is not bound to come into his relief for such Commanders may prefer the lives in his own Ship before those in another yet that suffices not for every Souldier by the Law of Arms is not only bound to defend but likewise to assist and relieve his Companion now Companions are in two respects either those that are in actual service with such Souldiers or those that are not but only committed to their protection or Convoy which are to be defended and guarded at the same peril and charge that a fellow Souldier is and therefore all Ships that are committed to Convoy and Guard they are diligently and carefully to be attended upon without delay according to their Instructions in that behalf And whosoever shall be faulty therein and shall not faithfully perform the same and defend the Ships and Goods in their Convoy without either diverting to other parts or occasions or refusing or neglecting to fight in their defence if they be set upon or assailed or running away cowardly and submitting those in their Convoy to hazard and peril or shall demand or exact any Money or other reward From any Merchant or Master for conveying of any such Ships or other Vessells belonging to His Majesty's Subjects shall be condemned to make reparation of the damage to the Merchants owners or others as the Court of Admiralty shall adjuge and also be punished criminally according to the quality of their offences be it by pains of death or other punishment according as shall be adjudged fit by that Court Martiall Now those Ships that are not under Convoy but ingaged in fight are faithfully to be relieved and therefore if a Squadron shall happen to be over-charged and distressed the next Squadron or Ships are to make towards their relief and assistance upon a signal given them which is generally given in the Admiralls Squadron by a Pendant on the fore-top-Mast head of any Flagg-Ship in the Vice-Admiralls Squadron or he that commands in chief in the second place a Pendant on the main top-Mast head and the Reer-Admiralls Squadron the like but these signalls sometimes change according to the wisedom and resolution of the Admirall Again Ships that are disabled by loss of Masts shot under Water or the like so as they be in danger of sinking or taking the distressed Ships generally make a sign by waft of their Jack and Ensigns and those next to them are bound to their relief but yet this does not alwaies hold place for if the distressed Ship is not in probability of sinking or otherwise encompassed with the Enemy the releiver is not to stay under pretence of securing them but ought to follow his leader and the Battle leaving such lame Ships to the Stern most of the Fleet it being an undoubted Maxime That nothing but beating the Body of the Enemy can effectually secure such disabled Ships XVII It is not enough that Men behave themselves valiantly in the beating of an Enemy for that is not all but the reducing of him into a condition to render right either for damage done or to render that which is right which cannot well be done without bringing him to exigences and streights and therefore if the Enemy Pyrat or Rebell be beaten none neither through cowardize negligence or dissaffection ought to forbear the
commonly proportioned according to the offence committed Sometimes they were easy of which sort were those which only brand the Souldier with disgrace others were those that came heavy on the Person or Body to the first belonged a shameful discharging or casheering a Mariner or Souldier from the Army and generally lookt on as a matter of great disgrace which punishment remains at this day for offences as well in England as in most parts A second was by stopping of their Pay such Souldiers which suffered this kind of mulct were said to be Aere diruti for that Aes illud diruebatur in fiscum non in Militis sacculum the which is and may at this day be inflicted especially on such as shall wilfully spoil their Arms and the like sort of offences A third was a Sentence enjoyn'd on a Souldier to resign up his Spear for as those which had atchieved any Noble Act were for their greater Honour Hasta pura donati so others for their greater disgrace were inforc'd to resign up that Military Weapon of Honour A fourth sort of punishment was that the whole Cohort which had lost their Banners or Standards either in the Fields or at Sea were inforc'd to eat nothing but Barley bread being deprived of their allowance in Wheat and every Centurion in that Cohort had his Souldiers belt or girdle taken from him which was no less disgrace among them then the degrading among us one of the Order of the Garter for petty faults they generally made them stand bare-footed before the Generall 's Pavilion with long poles of 10 foot in length in their hands and sometimes in the sight of the other Souldiers to walk up and down with turfes on their necks sometimes carrying a beam like a fork upon their shoulders round the Town the last of their punishments was the opening of a Vein or letting them blood in one of their arms which generally was inflicted on them who were too hot and bold The great Judgments were to be beaten with rods which was generally inflicted on those who had not discharged their Office in the sending about that Table called Tessera wherein the Watch-word was written or those who had itoln any thing from the Camp or that had forsaken to keep Watch or those that had born any false witness against their Fellows or had abused their Bodies by Women or those that had been punished thrice for the same fault sometimes they were sold for bond-Slaves beheaded and hang'd But the last which was in their mutinies the punishment fell either to Lots as the tenth twentieth and sometimes the hundredth Man who were punished with Cudgelling and with these punishments those in England have a very near affinity as cleansing the Ship loosing pay ducking in the Water beaten at the Capsons head hoisted up the main yard end with a shovel at their back hang'd and shot to death and the like XXVI The Admiral may grant Commissions to inferior Vice-Admirals or Commanders in chief of any Squadron of Ships to assemble Court Martials consisting of Commanders and Captains for the Tryal and Execution of any of the offences or misdemeanours which shall be committed at Sea but if one be attainted before them the same works no corruption of Blood or forfeiture of Lands nor can they try any Person that is not in actual Service and pay in His Majesty's Fleet and Ships of War But in no case where there is Sentence of death can the execution of the same be without leave of the Lord Admirall if the same be committed within the narrow Seas yet this does not extend to mutiny for there in that case the party may be executed presently All offences committed in any voyage beyond the narrow Seas where Sentence of death shall be given upon any of the aforesaid offences execution cannot be awarded nor done but by the Order of the Commader in chief of that Fleet or Squadron wherein Sentence of death was passed XXVII The Judge Advocate hath power given by the words of the Statut to administer an Oath in order to the Examination or Tryal of any of the offences mentioned in the Stat. of 13 Car. 2. Cap. 9. and in his absence the Court Marshall has power to appoint any other Person to administer an Oath to the same purpose This Statut enlarges not the power and and jurisdiction of the Admiral any further then only to the above mentioned offences in no case whatsoever but leaves his authority as it was before the making of this Statut. Nor does it give the Admiral any other or further power to enquire and punish any of the above-mentioned offences unless the same be done upon the main Sea or in Ships or Vessels being and hovering in the main stream of great Rivers only beneath the Bridges of the same Rivers nigh to the Seas within the jurisdiction of the Admiralty and in no other place whatsoever XXVIII As Souldiers and Mariners for the honour and safety of the Realm do expose dayly their lives and limbs so the Realm hath likewise provided for them in case they survive and should prove disabled or unfit for Service a reasonable and comfortable maintainance to keep them the which the Justices of the Peace have power yearly in their Easter Sessions to raise by way of a Taxe for a weekly relief of maimed Souldiers and Mariners The maimed Souldier or Mariner must repair to the Treasurer of the County where he was prest if he be able to travel if he was not then to the Treasurer of the County where he was born or where he last dwelt by the space of three Years but if he proves unable to travel then to the Treasurer of the County where he lands He must have a Certificate under the chief Commander or of his Captain containing the particulars of his hurt and Services The allowances to one not having been an Officer is not to exceed ten pound per annum Under a Lievtenant 15 A Lievtenant 20. Till the Mariner arrives at his proper Treasurer they are to be relieved from Treasurer to Treasurer and when they are provided for if any of them shall go a begging or couterfeit Certificats they shall suffer as common rogues and loose their Pensions Over and above this provision His Sacred Majesty hath provided a further supplyment for his maimed Mariners and Souldiers disabled in the Serviceâ—… which is issued out of the Chest at Chatham and constantly and duely pay'd them and for his Commanders Officers and others that served aboard he of his Royal Bounty hath given to those that bear the character of War and purchase the same by their fidelity and valour a pious Bounty called Smart-Money over and above their Pay XXIX The wisedom of the Romans was mightily to be commended in giving of Triumphs to their Generals after their returns of which they had various sorts but the greatest was when the General rid
shall commit any wilful or negligent fault by reason of which the Master Owners or the Ship answers damage to the Merchant an Action lyes well against him XI If a Marriner takes up moneys or Cloaths and the same is entred in the Purser's Book by the Custome Maritime it is a discount or a receipt of so much of their wages as the same amounts to and in an Action brought by them for their wages the same shall be allowed and is not accounted mutual the one to bring his Action for the cloaths and the other for his wages XII A Master of a Ship may give moderate and due Correction to his Marriners and if they bring an Action against him he may justifie the same at the Common Law and by the Law of Oleron if a Marriner shall assault the Master he is to pay 5. Solz or lose his hand Marriners after they have unladed the Ship if they demand their wages and there be any intention of their departure the Master may detain a reasonable proportion of the same till they bring back the Ship or give caution to serve out the whole Voyage XIII Barratry of the Marriners is a Disease so Epidemical a shipboard that it is very rare for a master be his Industry never so great to prevent a Span of Villany a shipboard soon spreads out to a Cloud for no other cause but of that circular encouragement that one knavish Marriner gives to another However the Law does in such cases impute offences and faults committed by them to be negligences in the Master and were it otherwise the Merchant would be in a very dangerous condition The Reasons why they ought to be responsible are for that the Marriners are of his own choosing and under his Correction and Government and know no other Superiour a shipboard but himself and if they are faulty he may correct and punish them and justifie the same by Law and likewise if the fact is apparently proved against them may re-imburse himself out of their wages XIV And therefore in all cases wheresoever the Merchants loads aboard any Goods or Merchandize if they be lost imbezled or any otherwise damnified he must be responsible for them for the very lading them aboard makes him lyable and that as well by the Common Law as the Law Maritime XV. Nay if his Marriners go with the Ship Boat to the Key or Wharfe to fetch Goods a Shipboard if once they have taken charge of them the Master becomes immediately responsible if they steal lose damnifie or imbezle them XVI The antient'st Record that is found extant is that in Edw. the Third's time where one brought an Action of Trespass against the Master for the imbezlement by his Marriners of 22 pieces of Gold Bowe Sheaf of Arrowes Sword and other things And adjudged he should answer And for that the same is or may be of great moment accept of a Transcript of the Record as the same was certified into Chancery in order to have it sent into the Kings-Bench to enable the Plaintiff to bring an Action upon the same Judgment in any place in England where he could meet with the Defendant VEnerabili in Christo Patri DnÌ„o I. Dei gratia Wygorn Episcopo DnÌ„i Regis Ed. CancellarÌ„ vel eius locum tenenti sui humiles devoti Robertus Gyene Major Uille Bristol Edwardus Blanckett IohÌ„es de Castle-acre Ballivi libertatem ejusdem Uille salutem cum Omnia reverentia honore De tenori Recordi ê“cessus loquelle que fuit coram nobis in CurÌ„ Domini Regis ibm sine braevi inter HenrÌ„ Pilk Iurdanum Uenere Magistrum navis vocÌ„ la Graciane de Bayone in plito transgressÌ„ ê“ut ê‘ breve DnÌ„i Regis nobis directum fuit vos inde certificatur sub sigillis nrÌ„is vobis si placet mitimus in hijs scriptis Ad placit Tols tentÌ„ ibm die Martis ê“x post Festum Epiphaniae Domini anno Regni Regis nunc 24. HenrÌ„ Pilk querÌ„ opt se. versus Iurdanum Uenore Magistrum navis vocatÌ„ la Graciane de Bayone de plito transgressÌ„ ê‘ pl c. unde querÌ„ quod secundum legem consuetudinem de OLERON unusquisque Magister navis tenetur respondere de quacunque transgrÌ„ ê‘ servientes suos in eadem fact IohÌ„es de Rule Fartolet de Fornes Servientes pÌ„dicti Iurdani Magisteri navis pÌ„dicte die MercurÌ„ ê“x ' ante Festum Omnium Sanctorum Anno Regui pÌ„dicti Regis Ed. 23. in Mari iuxta Britan in eadem navi de Iohanne de CornubÌ„ servientÌ„ pÌ„dictÌ„ HenrÌ„ 22. libtÌ„ in auro arcus Sagit glad al bona catalla ad valencÌ„ 40 l. ceperunt asportaverunt injuste c. ad dampnum pÌ„dictÌ„ HenrÌ„ 60 l. si pÌ„dictus Iurdanus hoc velit dedicere pÌ„dictÌ„ HenrÌ„ paratus est verificare c. Et pÌ„dictus Iurdanus venit dicit qd lex de Oleron talis est qd si aliqua bona catalla Magistro alicujus navis liberata sunt custodiend unde idem Magister ê“ eisdem vel ê“ aliqua alia re in eadem navi facta manucapÌ„ illo modo MagrÌ„ navis tenetur respondere non alio modo Et suê‘ hoc petit Iudicium Et pÌ„dict HenrÌ„ dicit qd unusquisque Magister navis tenetur respondere d oe quacunque transgressione ê‘ servientes suos in navi sua fact petit Iudicium simlrÌ„ Et suê‘ hoc pÌ„dicte ê‘tes habent diem hic die Sabati ê“xÌ„ post Festum scÌ„i Hillarij ê“xÌ„ futurÌ„ ad audiend judicium suum c. Ad quem diem pdicte ê‘tes venerunt petierunt Iudicium suum c. Et recitat Recordo processu pÌ„dictis in plena Curia Coram Majore Ballivis alijs probis hominibus Uille Magistris Marinarijs visum fuit Curie quod unusquisque Magister navis tenetur respondere de quacunque transgressione ê‘ servientes suos in navi sua facta Ideo consideratum est quod pÌ„dict HenrÌ„ recuperet dampna sua 40 l. vsus pÌ„dict Iurdanum ê‘ CurÌ„ taâ—at nichilominus idem Iurdanus transgressione pÌ„dicta in miÌ„a XVII The Master subject to answer damage is to be understood in all such cases where the Lading was brought aboard either by his consent or his Pursers for any other or such as shall be secretly brought in not being entred in the Purser's Book or in the Bills of Lading the Master is not obliged to see forth-coming unless it be such Goods as the parties bring into the Ship about them as cloaths money and the like as above those things being seldome entred yet most commonly are visible the Master by Law is responsible for XVIII So likewise if a Master forewarn a Passenger to keep his Goods and that he will no wayes take care of them and if they be lost or purloyned by the Crew he will not be obliged to see
would protect them still in the Immunities and Condition she found them Hereupon their Navigation and Traffique was suspended a while which proved very advantageous to the English for they tryed what they could do themselves herein their adventures and returns proving successful they took the whole Trade into their own hands and so divided themselves to Stapters and Merchant-adventurers the one residing constant at one place the other keeping their course and adventuring to other Towns and States abroad with Cloth and other Manufactures This so nettled the Hans that they devised all the wayes that a discontented people could to draw upon our new Staplers or Adventurers the ill opinion of othhr Nations and States but that proving but of too small a force to stop the Current of so strong a Trade as they had got footing into they resorted to some other whereupon they applyed themselves to the Emperour as being a Body incorporated to the Empire and upon complaint obtained Ambassadors to the Queen to mediate the. business but they returned still re infecta Hereupon the Queen caused a Proclamation to be published That the Merchants of the Hans should be intreated and used as all other Strangers within her Dominions in point of Commerce without any mark of distinction This enflamed the more thereupon they bent their Forces more eagerly and in an Imperial Dyet at Ratsbone they procured that the English Merchants who had associated themselves in Corporations both in Embden and other places should be adjudged Monopolists whereupon there was a Comitial Edict procured against them that they should be exterminated and banished out of all parts of the Empire which was done by Suderman a great Civilian There was there at that time for the Queen as nimble a man as Suderman and he had the Chancellor of Embden to second him yet they could not stop the Edict whereby our new erected Society of Adventurers were pronounced a Monopoly Yet Gilpin played his Cards so well that he prevailed the Imperial Ban should not be published till after the Dyet and that in the interim his Imperial Majesty should send an Ambassador to England to advertise the Queen of such proceedings against her Merchants But this made so little impression on the Queen that the â—…an grew rather rediculous than formidable for the Town of Embden harboured our Merchants notwithstanding and afterwards the Town of Stode but the Hansatiques pursuing their revenge and they being not so able to protect them against the Imperial Ban removed and setled themselves in Hamburgh This Politique Princess in recompence of their revenge commanded another Proclamation to be published That the Hansatique Merchants should be allowed to Trade into England upon the same Conditions as they formerly did Provided the English Merchants might have the same Priviledges to reside and Trade peaceably in Stode or Hamburgh or any where else within the Precincts of the Hans This so incensed and nettled them That all endeavours were made to cut off Stode and Hamburgh from being Members of the Hans or of the Empire But the Design was suspended till they saw the Success of 88 King Philip having promised to do them some good Offices in the Concern But the Queen finding that the Hans were not contented with that Equality she had offered to make betwixt them and her own Subjects but were using such extraordinary means put forth another Proclamation That they should transport neither Corn Victuals Arms Timber Masts Cables Metals or any other Materials or Men to Spain or Portugal And not long after the Queen growing more redoubled and Famous by the Overthrow of King Philip's Invincible Armada as the Pope christned it the Hans began to despair of doing any good especially they having about some 60 Sayl of their Ships taken about the River Lisbon by her Majesties Frigats that were laden with Ropas de contrabanda She notwithstanding had thoughts of discharging this Fleet by endeavouring a reconcilement of the differences but she having intelligence of an Extraordinary Assembly at Lubeck which had purposely met to consult of means to be revenged of her she thereupon made absolute prize of those 60 Sayl onely two were freed to carry home the sad Tydings of their Brethrens misfortune Hereupon the Pole sent a ranting Embassador in the behalf of the Hans who spake the Injuries done to the Hans in a high tone But the Queen her self suddainly answered him in a higher with a satisfaction no greater than what she had done to others of the like quality before This fortunate Clashing for the 19. per Cent. on the Customes has proved ever since advantageous for England our Merchants have ever since beaten a peaceful and an uninterrupted Trade into High and Low Germany and by their constant Trade in those Parts have found a way thorough the White Sea to Arch-Angel and Mosco The return of all which hath since vastly encreased the Riches and Strength of this Nation V. After the Jewes became Tributary to Rome which was acquir'd by Pompey Threescore years before the Birth of our Saviour certain Officers or Commissioners were appointed by the Romans in all those places where their Victorious Standards had claymed a Conquest who used to appoint such Officers or Commissioners to Collect and gather up such Custome-money or Tribute as was exacted by the Senate Those that gathered up these Publique payments were termed Publicani Publicanes and by reason of their Cruel and Oppressive Exaction they became hateful in all Nations Every Province had his several Society or Company of Publicans Every Society his distinct Governour in which respect it is that Zaccheus is called by the Evangelists Princeps Publicanorum the chief Receiver of the Tribute or chief Publican And all the Provincial Governours in these several Societies had one chief Master or Superintendant residing at Rome unto whom the other subordinate Governours gave up their Accounts These Publicans were hated of all the Roman Provinces but especially of the Jewes because though it was chiefly maintained by the Galileans yet it was generally inclined unto by the Jewes That Tribute ought not to be paid by them This Hatred is confirmed by the Rabinical Proverb Take not a Wife out of that Family wherein there is a Publican for such are all Publicans Yea a Faithful Publican was so rare at Rome it self that one Sabinus for his honest managing of that Office in an Honourable remembrance thereof had certain Images with this Inscription 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the Faithful Publican No marvel that in Holy Writ Publicans and Sinners go hand in hand But now the World has been so long used to them that in all or most Nations the particular Princes or States chuse out the most Sagest and Prudent'st men for that Imployment And certainly the Customes of this Realm never did return to that great and clear Account as they have done under the Care and Prudent management of the present Commissioners