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A14929 An abridgement of all sea-lavves Gathered forth of all writings and monuments, which are to be found among any people or nation, upon the coasts of the great Ocean and Mediterranean Sea. And specially ordered and disposed for the use and benefit of all benevolent sea-farers, within his Majesties dominions of Great Brittain, Ireland, and the adjacent isles thereof. By William Welvvod, professor of the civill lawe. Welwood, William, fl. 1578-1622. 1636 (1636) STC 25238; ESTC S119612 51,299 268

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the unsolidity therof for any foot treading It rests to touch the other cause naturall for that other impossibility which may be the continuall fluxe and instability of the Sea in such sort that it would appeare not aye to be one and the selfe same body but daily changeable For answer I must remember that which the Iurisconsult sets downe so prettily Suppose sayes he a certaine Colledge of Iudges or a Legion of Souldiers or the particular parts of a Ship or of a mans body should so continually and often be changed and altred that none of that first Colledge or Legion could be found alive nor yet any part of the Shippe or body could be so certainly demonstrate that it might be affirmed for the very same that it was at the first yet if that Colledge or ●egion be in number full and the ship or man whole and able in all the frame they shall be accounted and esteemed not to be new but to be the very same which they were at the beginning even so however the sea many waies and hourly changes in the small parts thereof by the ordinary rush on land mixture with other waters swelling in it selfe exhalation and backe receipts thereof by raine yet since the great body of the Sea most constantly keepes the set place prescribed by the Creator I see not in this respect neither wherefore the nature of the Sea should not yeeld to occupation and conquest And thus farre concerning Mare liberum his last and great conclusion against all appropriation thereof by people or Princes I call it his last great conclusion because of other two passing before whereof the first is this Mare igitur proprium alicuius fieri non potest quia natur a iubet esse commune and for what reason Even because Cicero Virgil and Plautus have said so To whom I could also assent concerning the great huge and maine body of the sea His next conclusion is this Est igitur mare in numero eorum quae in commercio non ●unt hoc est quae proprij iuris fieri non possunt that is The Sea to be of that order of things which cannot bee appropriate to any man His warrants for his conclusion also are the Romane Lawyers whom I said to be wrested by Mare liberum and therefore must shew the same contrary to his purpose indeed Martianus as the Authour of Mare liberum largely grants saith that if any private man have himselfe alone by any lawfull space of time sufficient for a prescription kept and exercised fishing in any ●reeke or nooke of Sea which they call Diverticulum hee may forbid all others to fish therin which Papinianus also confirmeth The which as I accept so I would further demand of him By what reason should a private man who hath no other care nor respect but to himselfe alone be thus priviledged and preferred to a Prince who not for himselfe but for his people also in common yea and for the safety of all traders passing his coasts with great charges and care protects and conserveth the Seas neerest unto him shall not this Prince be acknowledged at least with the good which that Sea conserved by him offers so directly to him And I pray you say What lesse authority had Leo than the rest of the Romane Emperours to grant to every one in particular having possessions at the Sea side as much of the ●ea as was neerest against their lands with the fishings thereof What then shall not Princes be equalled in these cases with subjects Or rather have not all Princes a like right power within their own precinct and bounds as these Roman Princes had But now to draw neerer to the chiefe point of our purpose and so to the end thereof as I accepted Mare liberum his former large graunt so now also doe I more heartily embrace the next which is this When after these his conclusions he had said in tanto Mari siquis piscatu arceret insanae cupiditatis notam non effugeret he subjoynes according to that of Cicero Quando sine detrimento suo quis potest alteri communicare in ijs quae sunt occupanti utilia danti non molesta quid ni faceret and subjoynes afterward Et si quicquam eorum prohibere posset puta piscaturam qua dici quodammodo potest pisces exhauriri that is to say If the uses of the Seas may bee in any respect forbidden and stayed it should be chiefly for the fishing as by which the fishes may be said to bee exhaust and wasted which daily experience these twenty ye●res past and more hath declared to be over true for wheras aforetime the white fishes daily abounded even into all the shoares on the Easterne coast of Scotland now forsooth by the neere and daily approaching of the busse Fishers the sholes of fishes are broken and so farre scattered away from our shores and coasts that no fish now can be found worthy of any paines and travels to the impover●shing of all the sort of our home-fishers and to the great damage of all the Nation Whereby I see at last the Author of Mare liberum not so addict to serve any mans particular desires as to answer forsooth to his profession of the lawes that is to allow the proper right for every man and nation and to hurt none according to the three generall precepts of all lawes set down by Caius and after him by ●ribonianus Honestè vivere alterum non laedere ius suum cuique tribuere whereof the second tryes and rules the rest according to the vulgar saying out of Pomponius Neminem debere cum alterius damno locupletari and that of Tryphonius Ex aliena iactura lucrum haurire non oportet And therefore I would meet him with his deserved courtesie even to proclaime Mare liberum also I meane that part of the maine Sea or great Ocean which is farre removed from the just and due bounds above mentioned properly pertaining to the neerest Lands of every Nation Atque ita esto mare vastum liberrimum TIT. XXVIII Of War-fare shippes and of the Captaines and Companies thereof ANd since wee have written above of priviledged shippes amongst which the warfare-ships of Princes are first and chiefe and somewhat of the conservacy of the Seas in the last title I cannot here passe the warfare-shippes unmentioned albeit not in such large manner and measure as their imployment now-a-dayes requires As for the matter fit for their building and things necessary for their forth-setting and preparation to Sea I must refer the same to Iulius Ferretus and to Vegetius who have written largely thereupon Some touch I have here subjoyned in the last Title of this Booke concerning the materials as likewise somewhat is premitted concerning their priviledges in that Title of priviledged shippes Therefore would I here set downe but very briefly some thing concerning
by way of assistance and that by commission and in difficile causes as was found in the action intended by Antoin de la tour against one Christian Marteis 6 Novem. Anno 1542. In which jurisdiction the first power necessary is to constitute a Vice-Admirall and Captaines to supply his absence on sea as also Deputies for particular parts on the coasts with the Crowners to view the dead bodies found on sea or found on the coasts thereof and Commissioners or Iudges generall for exercising justice in his high Court on land with Clerkes Procurers Doome-sayers Marshals and other Officers for the exercising of their said jurisdiction both in peace and warre and therefore to sit and hold Courts where they please to execute justice to imprison and relaxe and to command the Kings prisons and borroughs their prisons to receive and keepe their warders and prisoners Finally their authority should be distinctly acknowledged in all things pertaining to sea-faring It is true that in Scotland before the erection of our Admirall after the example of other Nations the Deanes of Gild were ordinarily Iudges in civill debates betwixt Mariner and Merchant as the Water-baily betwixt Mariner and Mariner like as the high Iustice was Iudge in their criminals Which actions all now falling forth betwixt the persons aforesaid of due appertaines to the jurisdiction of the Admirall and therefore his Iudge depute or Commissar called Iudge Admirall and none other should sit cognost determine and minister iustice in the foresaid causes as likewise upon all complaints contracts offences pleas exchanges assecurations debts counts charter-parteis covenants and all other writings concerning lading and unlading of shippes fraughts hyres money lent upon casualties and hazard at sea and all other businesses whatsoever amongst sea-farers done on sea this side sea or beyond sea not forgetting the cognition of writs and appeales from other Iudges and the causes and actions of Represals or Letters of Marque yea to take stipulations cognossians and insinuations in the bookes of the Admiraltie and to doe all other things without which the jurisdiction of the Admiraltie cannot stand nor beare out and therefore to arrest and put in execution to inquire within and without liberties by the oathes of xij men upon all offences As first touching the revealers of the King Countrey their secrets over sea in time of warre Item against Pyrats their Assisters or Abbetters Out-treaders and Receptors Item against fortifiers of the Kings enemies and ha●●ers of his friends Item against the breakers of the Admirals arrestments and attachments Item against goods forbidden and merchandise not customed and yet shipped and transported Item against the resisters of the Admirall his officers in executing his precepts Item against the forestallers regraters and dearthers of corne fish drinke fire-wood victuals carried over sea Item against pleaders before other Iudges than before the Iudge Admirall in causes pertaining to his iurisdiction as also against the Iudges cognoscing therupon Item against them which give Sea-brieves Testimonials or such like over sea without power or licence from the Admirall Item against transporters and carriers of traitors rebels manifest transgressors and fugitives from iustice over sea Item against hirers and fraughters of ships of other nations when they may be served by their own nation Item against such as cast in ballasting sand or what else in harbours or channels that may defile or spoyle the same Item against shippe and boat-wrights extortioning the Lieges or subjects Item against taking away the boigh from the anchor or cutters of cables or other tewes Item against false weights and measures by sea Item against shedders of other mens bloud on sea or any Port or river below the first bridge next the sea or them who are lamed or hurt through faulty and ill geare in ship Item against Customers or Water-bailies taking more custome or anchorage than wont Item against such as absent themselves from wappinshewing or mustering which the Admirall may ordaine twise a yeere in time of warre and once in two yeares in time of peace upon all dwellers at Ports and Harbors or within one mile neere thereunto Item all sorts of transgressions committed by sea-men ferry-men water-men as well in floud rivers and creekes from the first bridge as on the seas Fishers Pilots Shipwrights pressed men contemning the authority of the Admirall and after due cognition to levie and apply to his owne use the penalties and amerciaments of all transgressors aforesaid as due unto the Admirall together with the goods of Pirats Felons capitall faulters their receivers assisters attainted convict condemned outlawed or horned Item wayffe or stray goods wreck of sea cast goods Item deo dando that is to say the thing whether Boat or Ship c. that caused the death of a man or whereout-of a man did perish Item shares lawfull prizes or goods of the enemy siclike Lagon that which was found lyand at the sea ground and Flotson that is found swimming upon sea and Ietson which is cast forth of the sea to the shoare and coast with anchorages beaconages meare swine Sturgeons Whales c. and all fish of extraordinary greatnesse called regall fishes which all are allowed in great Brittaine France and other noble kingdomes to the Admirals by their Soveraigne for the better maintenance of their estate iurisdiction and conservancie on seas rivers flouds roads ports harbours channels sayling fishing and all trading there as altogether and chiefly committed to the care maintenance and protection of the Great Admirall TIT. III. Of the Admirall Clerke THe Clerke of the Admirall Court beside that he should be very skilfull faithfull and give his solemne oath thereupon at his admission and beside the poynts of his office requisite and common to all Clerkes of other Courts hee should have divers Registers as for congees saueconducts pasports sea-briefes as without which no shippe should passe to the sea in time of warre not yet to farre voyages in time of peace which no other Iudges nor Governours should give forth but the Admirall onely Item one other Register for the reports of the Skippers and Captains at their return to the Admirall also Item one other Register for the names of Merchants and Passengers and Owners for the Skipper is holden to give-up the said persons by name And because no man ought to take upon him to be a Master or Pilot without due tryall of his skill even so ought his triall to be registred in the Admirall his bookes But within the water of Thames this tryall and registration of Pilots pertaines to the Trinitie-house Lastly all money lent to hazard upon the sea called of old Pecunia trajectitia for certaine profit called Foenus nauticum for the which the Lender was wont to beare the perill against the manners of these avaricious daies their lendings I say and billes of assurance should be done before the Admirall Clerke To conclude
repressed at least by these represalies and letters of Merque specially sith that cause in effect resembles a warre denounced without solemnities of clarigation And therefore both according to the lawes of England letters of Merque are allowable and according to the old custome of Scotland and the tenor of the Act of Parliament made by Iames the first of Scotland concerning shipwracke to be followed for a rule to such cursed cases that is to say that other Nations should have the like favour of us that they shew to us Now being agreed that letters of Merque are lawfull as they are by statutes customes and reason specially upon a matter of great importance and after a due warning intimation and one requisition so that it be done by the Prince and solemnly then what goods happen to be taken by that meanes should bee brought and presented as aforesaid before the Admirall that a just Inventary may be taken thereof for divers good respects TIT. XXVI Of Fishers fishing and traffiquers therewith ALbeit hunting hawking and fishing be of one kinde as subject to a like law and liberty because what wilde beast fowle or fish be once taken by any man commonly it becommeth his owne proper by the lawes of Nations yet is there a difference twixt these three for albeit hunting and hawking be almost every where lawfull yet fishing is forbidden in other mens ponds stanks and lakes as comparable with the●t Yea now a-daies in rivers and in parts of the Seas neerest to the possessions of men having grant and infeftment from the King may fishing be forbidden but no private man without the grant of the Prince upon any pretence or allegation of long consuetude and prescription may acquire the propriety of any such part of the sea as to prohibite others to fish there also for such prescriptions onely pertaine to Princes To returne to the quality of fishing sith it is not onely allowable to all sorts of persons but also commendable and alwaies to be preferred to all other trades and traffiques upon sea not onely for necessaries but also for the great good and profit redounding thereby all ciuill and vertuous Princes have diversly forthshowne their care for the entertaining and advancing thereof as by ordinances to build shippes and boats to that purpose and by their wise appointing of certaine onely times for the fishing as namely of Salmon under paines not onely of Fynes but also of forfeitures and of death according to the manner of the offence and contempt of their decrees and statutes Which Princes also for the increase of fishes have as it were with common consent forbidden the making setting and using of crowes yarrs dammes fosses tramelets parkings dyking and herrywaters in any waters where the sea ebbes and flowes under paine of confiscation of all the goods of the transgressors in Scotland Yea albeit that any man were of old infefted with keeping of crwiffes weares and kiddles c. yet must he keepe the Saturdaies slop that is to lift the same from Saturday at after-noone till Monday and also to make each heck or mesh of his crwiffe three inches wide except for taking of smelts loches and such like that will neuer be bigger as also for to set the same upon the waters that the mid-streame may have the iust space of sixe foot wide under the paine of five pound And thus farre concerning the maintenance and increase of fishes by our Scottish lawes and custome It followeth to set downe concerning the Fishers their safety and priviledges Wherin it is provided first that all Shippes sayling into the parts where Herring are taken at least during the taking thereof shall let downe ●aile after day light past let their Anchor fall and keepe watch with Lanterne and light untill day light appeare again lest otherwise the poor Fishers should be over-run or their nets broken their paine in Denmarke is death to the transgressors and the Fishers are likewise forbidden to use light in their fishing by night lest they deceive saylers with the false shew of a port Likewise lest any of the Fishers harme or hurt one another it is diversly provided as also cōcerning the right measure of their nets in length in bredth as may be seen by the Statutes of sundry nations Vid statuta Angliae And specially therfore it is agreed of long time sithence by the Sea-farers on the Forth of Scotland first that no ground-draffe or drag-net be set before March nor upon deeper water then fourteene fathome Item that none shall lye to their neighbours when he shall be asked concerning the length and depth of his tewe when he is in driving neither yet wittingly and wilfully to suffer his tewes and nets to flit and runne over one another under the paine of ten pound for every transgression of the premised articles Item above all that from the Sun-set on Sonday no man lay nor hale nets or great lines or exercise any labour under the foresaid paine Item for the further incouraging of Fishers in the West and North Isles of Scotland there is a Statute that no other customes be sought of the Fishers in the said I●es but only the Kings customes under the paines due to manifest oppressors against them who exact the same Lastly concerning Fishers and traffiquers with fishes it is ordained that not onely all fish slaine and taken neere to the coast of Scotland be brought and presented to the market places where the takers or slayers thereof dwell but also all fishes taken in the North and West Isles or Firths to be brought directly to the townes where the Fishers dwell that the need of the countrey may be first served and presented to the market places from which none may carry them away to packe and peil but onely betwixt the houres of eleven and two in the afternoone under the paine of confiscation In which markets it is lawfull to the Provost Bail●ffes to set downe prices and to compell the packer and peiler to sell againe for the need of the Lieges Which being done they may transport the remainder where they please And in case they contemne then their fishes to be eschete two parts to the King and the third to the Magistrate Likewise concerning the barrelling of fishes it is ordained that the measures prescribed of old shall be kept videlicet each barrell of Herring or of white fish to be of twelve galons and the barrell of Salmon of fourteene galons according to the measure of Hamburg under the paines of escheting there of from the pa●ker and of five pound to be lifted from the Couper And therefore hoop irons to be made in each towne for the tryall and gaging thereof Vid. statuta Angliae Tit. of fishing in the Abridgements TIT. XXVII Of the Community and Propriety of the Seas HAving of late seene
the usage of the seas and coasts of their Empire to be indifferently common to every one of their own subjects and how Iure gentium that is according to the law kept by all other nations to every one of their own nation in like cases Moreover albeit these and other Romane Lawyers pronounce so concerning the community of the sea-shoare and coast that private men may build houses within the floud-marke and appropriate them to themselves according to that which Neratius writes Quod in littore quis aedificat eius fit that is what a man builds on shoare it becommeth his owne yet upon this condition Tamen decretum praetoris adhibendum est ut id facere liceat saith Pomponius that is providing the Praetor his decree be interponed thereunto or that the Prince give grant as Vlpian writes Vel ut princeps concedat As for the remnant of these sorts of warrants alledged for Mare liberum sith they sing all one song for the common use to the people and propriety to the Prince if men will but onely marke them I need not stay further upon them So that every man may see both the use of the word commune and the meaning of Iure gentium among these Lawiers whereupon this Mare liberum appeares so to be founded that it cannot be shaken For commune there is nothing else but publieum q●asi populicum signifying a thing common for the usage of any of one sort of people and not for all of all nations according to that of Modestinus Roma communis patria est Neither yet doth that word Iure gentium meane any law set downe by common consent of all nations but onely notes the example of the law or custome of other nations as if they would say the liberty of fishing on our seas and of other doing there and at shoare should be common to every one of the Romane Empire like as the same is common to all of all other nations on their seas and their shoares Likewise that of Placentinus Quod mare sit in nullius bonis nisi solius dei that is GOD is onely Lord of the sea and so say we with King David that the land also is the Lords But that of Faber Mare esse in primaevo iure quo omnia erant communia I need no otherwise to refute now than I have done above already And these are the Authors and warrants whereupon Mare liberum inferres his conclusion Demonstratum igit ur nec populo nec privato ius aliquod in mare competere posse quum occupationem nec natura nec publici usus ratio permittat Which how it followeth upon the premisses let men judge sith neither these his Authors make for him neither yet the reason inserted in the conclusion beares out which is quum occupationem nec natura nec publici usus ratio permittat that is neither nature nor the common need suffers the sea to be acquired in property to any occupation For answer first concerning the nature of the sea as supposed impossibly occupable or acquirable Is this so thought because the sea is not so solid as is the land that men may trade thereon as upon land or that it is continually flowing to a●d fro Surely that lacke of solidity for man his trading thereon by foot shall not hinder the solid possession of it farre lesse the occupation and acquiring if we will give to the sea that which the Iurisconsults indulgently grant to the land which also cannot be denied Paulus the Iurisconsult saith Qui fundum possidere velit non utique omnes glebas eius circumambulet sed sufficit quamlibet partem eius introire dum mente cogitatione hac sit ut totum possidere velit usque ad terminum that is it is not needfull for him who would possesse himselfe in any part of the land to goe about and tread over the same but it is sufficient to enter-in upon any thereof with a mind to possesse all the rest thereof even to the due marches And what can stay this to be done on sea as well as on land And thus farre concerning the solidity As for the flowing condition of the sea howsoever it be liquid fluid and unstable in the particles thereof yet in the whole body it is not so because it keepes the prescribed bounds strictly enough concerning the chiefe place and limits thereof VVhich discourse gives us occasion of force to answere to a scoffe cast in by the Author of Mare liberum concerning the possibility also of marches and limits for the division of the seas Mundum dividunt saith the fore●aid Authour of Mare liberum non ullis limitibus aut natura aut manupositis ●ed imaginaria quadam linea quod si recipitur Geometrae terras Astronomi coelum nobis eripient that is they divide the world not by any marches put either by nature or by the hand of man but by an imaginary or fantastick line which kinde of doing being embraced the Geometers may steale away the earth and the Astronomers the heavens from us It is true that there are not in every part of the sea Iles sensible as Gernsey is to England in the narrow seas or sands as the Washes at the West seas of England nor rockes or other eminent and visible markes above water for the designation of the bounds or laying-out the limits of the divisible parts thereof but GOD who is both the distributer and first Author of the diuision and distinction of both land and sea hath given an understanding heart to man for the same effect as well as for all other necessary actions wherein he hath to employ himselfe so that to a very wonder God hath diversly informed men by the helpes of the Compasse counting of courses sounding and other waies to finde forth and to designe finitum in infinito so farre as is expedient for the certaine reach bounds of seas properly pertaining to any Prince or people Which bounds Bartolus hardily extends and allowes for Princes and people at the sea side an hundreth miles of sea forth from their coasts at least and justly if they exercise a protection conservacy so far and this reach is called by the Doctors Districtus maris territorium It is true Baldus esteemeth potestatem iurisdictionem districtum to be all one To conclude then since Papinian writes in finalibus quaestionibus vetera monumenta sequenda esse what more evident monuments for our King his right in the narrow seas then these Isles of Gernsie c. And for the Eastern seas direct from Scotland what is more antiently notorious than that covenant twixt Scottish men and Hollanders concerning the length of their approaching toward Scotland by way of fishing And thus farre through occasion of answering to that alleadged impossibility of acquiring the Sea by occupation because as would appeare of
the Captaines Commanders Companies of the Prince his warfare-ships the graces vertues required in them with their duties power and preferment Captaines of Princes warfare-shippes should be men first fearing God because they must continually walke in the midst of the wondrous workes of God Next they should be stout hardy and couragious Thirdly vigilant diligent and carefull and therefore very temperate on Sea specially because their imployment as it is full of hazard and danger even so are their occasions and opportunities sudden and momentanie Therefore their commandement and power over their company not onely surpasseth the power of Masters and Commanders of private shippes but also that of the Captaines on land and therefore their honour and estimation every way higher also because of their greater charge care and hazard Their duty toward their company is first that they chuse such as bee free from hainous and scandalous offences Next that they suffer none of their company to bee idle but to punish as well the sluggard as the rebellious yea even those who are irreverent towards them and againe should with all loving care see to the due food of their company heare their mutuall plaints hold them in peace by all obedience visit refresh and with all helpes comfort the hurt and diseased As for the Captaines their other duties to the Prince and Admirall with their owne priviledges they are all gathered out of old customes and at large set downe in that Booke called L' Admirall de France TIT. XXIX Of Watermen and Ferriers FErryers and Watermen are bound to serve all true Lieges for their due fare so that they may be compelled thereunto and most justly because it was in their owne hand and power from the beginning to give and apply themselves to that calling and trade or not And if therefore they faile it shall be according to the law of Scotland a point of dittay or inditement against them in the first Iustice-court and if they transgresse unto the third time they may be suspended from their trade except they can alleadge a just cause as of feud or hostility Item it is ordained for the easier boating and landing of men and beasts that Ferriers make and have ready fit and convenient bridges or else to lose their Boats Lastly Ferriers and Watermen are no lesse bound than Skippers and Masters of shippes to render againe what-ever they receive to bee carried within their Boats But concerning their ordinary fares and hires it is neither needfull nor expedient in this place to recite the divers statutes made thereupon because that first they are at great length set downe in the Statutes of England and Scotland next because their fraughts have beene according to the rate of times changed and altered even to the triple as specially in Scotland So that now also according to the condition of this time their portage fraughts or fare may be of new considered by his Majestie or Admiralls according to the quality of the boats and the space of passage and time either shorter longer or hazardfuller during their service but with a due Proviso for the repressing of their rude and uncivill manners For truely if the Roman Iurisconsults might of old by any reason call Mariners in generall Pessimum genus hominum which in these latter dayes for the most part is amended partly through Christianity and civill conversation partly by good lawes praise be to God then may wee now use that same still at least against the most part of Watermen and Ferriers as requiring to be reformed or at least by correction repressed TIT. XXX Of Shipwrights TO conclude this Treatise there remaineth a speciall sort of persons to be considered and respected as the forgers and framers of the instrumentall causes of all Sea-faring to wit Shippe-wrights and builders of Ships or Boats called by the Romans imitating the Grecians Naupegi and by the Italians following the latter Grecians Calafatti as is above described and therefore subject to the jurisdiction of the Admiralty as accountable to the Admirall and his Iudges as accessories of sea causes for their skill diligence and dutifull discharge in every respect by a frame not onely likely comely but a worke also strong ticht and durable or else they must undergoe the pains of the law called Lex Aquilia that is to say all costs and scath happening by their unskilfulnesse negligence or what-ever other fault or amisse And therefore first touching the materials they should not onely furnish the same good and sufficient but also if the furniture pertain not to them they must refuse to take from the furnishers bad and vnmeet geare and stuffe for the worke As for example Aller Beech trees and such like brickle and naughty timber for salt-salt-water or for the seas Neither should they put greene timber in worke but ought to fore-see if they can that their wood be cut downe either at the wane of the Moone and in the deepe of Winter or at such time as experience declares wood to be most solide and durable For timber cut at the contrary times is commonly full of moysture and therefore being afterward dryed becomes clung and open to receive water The like care and skill is required in the iron and all other necessaries to the end that the workes may prove strong durable right and comely This being done it resteth to consider their hires and fees which because they ordinarily depend on the conditions agreed upon with the party which also commonly is cavelled withall before a full performance of their worke upon surmises and quarrels therefore to occurre to all such doubts and discords the contracts of such bargaines should be after the example of other seafaring dealings made before the Admiralls deputy or Iudge and registred in their bookes Last of all as Shippe-wrights were of old so are they also of late forbidden under paine of treason to communicate their skill and Art to enemies and barbarous people Likewise they are forbidden as are also all other societies of handy-crafts-men and trades-men to conspire among themselves to enhance their wages or hire or to receive excessive wages FINIS a Gellius lib. 7. Cap. 3. b Strab. geogr. lib. 12. cap. 14. c Ibid. d Vide Il. Rhodior in prin e L. deprecatio ad L. Rhod. e● c. rhodiae leges distinct 2. f L. 1. sect licet de exerc act g Suet● ca. 218. h De situ orbis i Lib. 7. natur histor vide ●zechiam c. 27. k Dotimus in lib. suo legoli l Vide act par lia Scot. m Vide statut Ang. a L. 1. de exercit act b L. 1. ad l. Rhod. a Livius lib. ● b L. Seius Saturninus ad S. C. trebell c Vide fragmenta ascripta Polybio d Vide Alberic ad novell 17. 24. e L. à proconsulibus C.